PROPOSED RULEMAKING
STATE BOARD OF
BARBER EXAMINERS
[49 PA. CODE CH. 3]
Ten Chair Barber Schools
[33 Pa.B. 4686] The State Board of Barber Examiners (Board) proposes to amend § 3.82 (relating to inspection) to read as set forth in Annex A.
A. Effective Date
The proposed rulemaking will be effective upon publication of final-form rulemaking in the Pennsylvania Bulletin.
B. Statutory Authority
The proposed rulemaking is authorized under section 15-A.4(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 566.4(b)), known as the Barbers' License Law.
C. Background and Purpose
Barber schools in this Commonwealth have, over the last several years, experienced a decrease in enrollment. To encourage schools to remain in business as well as encourage new schools to open, the Board has reviewed its existing regulations governing licensed schools with a view toward eliminating unnecessarily restrictive regulations. The Board proposes to amend § 3.82 to delete the requirement that a barber school have 20 chairs in the clinic room and 20 desks in the theory room and to require only 10 chairs and desks in each room. This minimum 10 chair/desk requirement will eliminate the need to have unused equipment in the schools. The Board also anticipates that this will allow more schools to become licensed. In conjunction with lowering the number of chairs and desks required for schools, the Board proposes to decrease the space requirements. With fewer required chairs and desks it follows that schools would need less space to operate.
The proposed rulemaking also amends the requirements for inspection prior to a barber school being licensed. Currently, the regulations require both a preliminary inspection of the school and a second inspection after the equipment is installed. The regulation requires a Board member to accompany the inspector on the second inspection. The Board feels that its resources would be better utilized if one inspection was required. Furthermore, the Board feels that it is improper for a Board member to accompany the inspector on the second inspection given that there may be violations that could result in the license being denied. This proposed rulemaking updates the regulation to reflect the Board's current practice of conducting only one inspection.
D. Description of Proposed Rulemaking
The proposed rulemaking reduces the minimum number of barber chairs and desks for licensed barber schools. Currently, § 3.82(a) requires that barber schools have 20 barber chairs in the clinic room and 20 desks in the theory room. The proposed rulemaking lowers this requirement to ten chairs and desks in each room. In conjunction with lowering the minimum number of chairs and desks required for a barber school, the proposed rulemaking lowers the minimum amount of square footage required for a school. In § 3.82(a)(1), the Board has lowered the minimum amount of square footage from 2,000 square feet to 1,250 square feet. The Board has determined that this amount of square footage is appropriate to accommodate ten barber chairs, a theory room, a restroom and a waiting area. The size of the theory room has also been decreased. The proposed amendment to § 3.82(a)(12) decreases the theory room from the specific dimensions of 20 feet by 20 feet (400 square feet) to 200 square feet. The Board feels that requiring square footage instead of the specific dimensions of the room will allow each school the freedom to design the theory room to best fit the needs of the school.
The proposed rulemaking also eliminates an obsolete provision in § 3.82(b) and further modifies § 3.82(a). The current regulation calls for a preliminary inspection before the application for a barber school is completed, then a follow-up inspection after the equipment has been installed. It also calls for a member of the Board to accompany the investigator on the follow-up inspection. The current Board policy is to conduct one inspection of the school after the application is submitted and before the permit is issued. The Board feels that doing one inspection after the application is filed but before the permit is issued is appropriate. This inspection verifies that the school conforms to the plans that were submitted and that the equipment and supply requirements are met. The Board feels that it is improper and unnecessary for a Board member to accompany the investigator on the inspection. Therefore, the Board is proposing to modify these two subsections to reflect the current Board practice.
E. Fiscal Impact and Paperwork Requirements
The proposed rulemaking would not impose any additional paperwork requirements on the Board or its licensees. The proposed rulemaking will have a beneficial fiscal impact on existing and new barber school owners by reducing the costs for unnecessary equipment such as chairs and desks for schools with a small enrollment.
F. Sunset Date
The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 9, 2003, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
H. Contact Person
Further information may be obtained by contacting Sara Sulpizio, Administrative Assistant, State Board of Barber Examiners, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-3402, www.dos.state.pa.us.
I. Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Sara Sulpizio, State Board of Barber Examiners, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
CHERYL MCDERMOTT,
ChairpersonFiscal Note: 16A-426. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND
VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
OCCUPATIONAL AFFAIRS
CHAPTER 3. STATE BOARD OF
BARBER EXAMINERS
SCHOOLS OF BARBERING § 3.82. Inspection.
(a) Before [completing application for registration] a school license is issued, each proposed school will be preliminarily inspected for the purpose of determining if the following requirements are met:
(1) At least [2,000] 1,250 square feet of floor space.
* * * * * (11) A clinic room with [20] a minimum of 10 barber chairs.
(12) A theory room[, approximately 20 feet by 20 feet, with 20] with at least 200 square feet of floor space and a minimum of 10 desks or tablet arm chairs.
(b) [A second inspection will be made after the required equipment has been installed but before the school begins operation. A member of the Board will accompany the investigator on this inspection.
(c)] Copies of school forms and contracts to be used shall be submitted to and approved by the Board before the school begins operation.
[(d)] (c) * * *
[Pa.B. Doc. No. 03-1842. Filed for public inspection September 19, 2003, 9:00 a.m.]
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