AN ACT to authorize and regulate the operation and sanitation of mobile barbershops.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Chapter 86A of the General Statutes reads as rewritten:

§ 86A‑1.  Necessity for certificate of registration and shop or school permit.

No person or combination of persons shall, either directly or indirectly, practice or attempt to practice barbering in the State of North Carolina without first obtaining a certificate of registration either as a registered apprentice or as a registered barber issued pursuant to provisions of this Chapter by the State Board of Barber Examiners. No person or combination of persons, or corporation, shall operate, manage or attempt to operate or manage a barber school, barbershop, mobile barbershop, or any other place where barber services are rendered, after July 1, 1945, without first obtaining a shop permit, or school permit, issued by the State Board of Barber Examiners, pursuant to the provisions of this Chapter.

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§ 86A‑5.  Powers and duties of the Board.

(a)        The Board has the following powers and duties:

(1)        To see that inspections of mobile barbershops, barbershops and schools are conducted to determine compliance with sanitary regulations. The Board may appoint inspectors as necessary.

(2)        To adopt sanitary regulations concerning barber schools and shops schools, barbershops, and mobile barbershops and procedural rules in accordance with the guidelines established in G.S. 86A‑15.

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§ 86A‑13.  Barbershop Barbershop, mobile barbershops, and barber school permits.

(a)        Any person, firm or corporation, before establishing or opening a barbershop barbershop, mobile barbershop, or barber school not heretofore licensed by the State or the Board shall make application to the Board on forms to be furnished by the Board, for a permit to operate a barbershop barbershop, mobile barbershop, or barber school, and the shop or school of the applicant shall be inspected and approved by the State Board of Barber Examiners or an agent designated for that purpose by the Board, before the barbershop barbershop, mobile barbershop, or barber school may open for business. It is unlawful to open a new or reopened barbershop barbershop, mobile barbershop, or barber school until that shop or school has been inspected and determined by the Board to be in compliance with the requirements of G.S. 86A‑13A and G.S. 86A‑15 in the case of mobile barbershops, G.S. 86A‑15 in the case of shops and G.S. 86A‑15 and 86A‑22 in the case of schools. Upon compliance by the applicant with all requirements set forth in G.S. 86A-15, or G.S. 86A‑15 and G.S. 86A‑13A for mobile barbershops, and the payment of the prescribed fee the Board shall issue to the applicant the permit applied for. Notwithstanding any other provision of this Chapter, no person, firm, or corporation shall be issued a permit to operate a barbershop barbershop or mobile barbershop in a location registered as a barber school, nor shall any person, firm, or corporation be issued a permit to operate a barber school in a location registered as a barbershop.barbershop or mobile barbershop.

(b)        The owners of every registered barbershop barbershop, mobile barbershop, and barber school shall annually, on or before May 31 of each year, renew the barbershop's barbershop's, mobile barbershop's, or barber school's certificate of registration and pay the required renewal fee. Every certificate of registration for any barbershop barbershop, mobile barbershop, or barber school shall expire on the 31st day of May in each year. Any certificate of registration issued under this Chapter shall be suspended automatically by operation of law after failure to renew the certificate of registration by the expiration date. The owner of any barbershop barbershop, mobile barbershop, or barber school whose certificate of registration has expired may, after the barbershop barbershop, mobile barbershop, or barber school has been inspected as required in subsection (a) of this section, have the certificate restored immediately upon paying all lapsed renewal fees and the required late fee.

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§ 86A‑15.  Sanitary rules and regulations; inspections.

(a)        Each barber and each owner or manager of a barbershop, mobile barbershop, barber school or college, or any other place where barber service is rendered, shall comply with the following sanitary rules and regulations:

(1)        Proper quarters. –

a.         Every barbershop, or other place where barber service is rendered, shall be located in buildings buildings, mobile units, or rooms of such construction that they may be easily cleaned, well lighted, well ventilated and kept in an orderly and sanitary condition.

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d.         Running water, hot and cold, shall be provided, and sinks shall be located at a convenient place in each barbershop so that barbers may wash their hands after each haircut. Tanks and lavatories shall be of such construction that they may be easily cleaned. The lavatory must have a drain pipe to drain all waste water out of the building.building or into a holding receptacle for a mobile unit.

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f.          If a mobile barbershop, all applicable requirements of G.S. 86A‑13A.

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(5)        The owner or manager of a barbershop barbershop, mobile barbershop, or any other place where barber service is rendered shall post a copy of these rules and regulations in a conspicuous place in the shop or other place where the services are rendered.

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§ 86A‑25.  Fees collectible by Board.

The State Board of Barber Examiners shall charge fees not to exceed the following:

Certificate of registration or renewal as a barber ................................................. $  50.00

Certificate of registration or renewal as an apprentice barber ..............................     50.00

Barbershop permit or renewal ..............................................................................     50.00

Mobile barbershop permit or renewal ..................................................................     50.00

Examination to become a registered barber .........................................................     85.00

Examination to become a registered apprentice barber ........................................     85.00

Late fee for restoration of an expired barber certificate within

      first year after expiration ................................................................................     35.00

Late fee for restoration of an expired barber certificate after first

      year after expiration but within five years after expiration ............................     70.00

Late fee for restoration of an expired apprentice certificate

      within first year after expiration .....................................................................     35.00

Late fee for restoration of an expired apprentice certificate after

      first year after expiration but within three years of first

      issuance of the certificate ...............................................................................     45.00

Late fee for restoration of an expired barbershop certificate ...............................     45.00

Late fee for restoration of an expired mobile barbershop certificate ...................     45.00

Examination to become a barber school instructor ..............................................   165.00

Student permit ......................................................................................................     25.00

Issuance of any duplicate copy of a license, certificate, or permit .......................     10.00

Barber school permit or renewal ..........................................................................   130.00

Late fee for restoration of an expired barber school certificate ...........................     85.00

Barber school instructor certificate or renewal ....................................................     85.00

Late fee for restoration of an expired barber school instructor

      certificate within first year after expiration ....................................................     45.00

Late fee for restoration of an expired barber school instructor

      certificate after first year after expiration but within

      three years after expiration .............................................................................     85.00

Inspection of newly established barbershop .........................................................   120.00

Inspection of newly established mobile barbershop .............................................   120.00

Inspection of newly established barber school .....................................................   220.00

Issuance of a registered barber or apprentice certificate

      by certification ................................................................................................   120.00

Barbers 70 years and older certificate or renewal ...........................................   No charge

Reasonable charges for certified copies of public documents

Reasonable charges for duplication services and material.

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SECTION 1.(b)  Chapter 86A of the General Statutes is amended by adding a new section to read:

§ 86A‑13A.  Mobile barbershops.

(a)        A motor home as defined in Article 1 of Chapter 20 of the General Statutes may be used as a mobile barbershop for the practice of barbering.

(b)        The Board shall issue a license to operate a mobile barbershop to any applicant who submits a properly completed application on a form approved by the Board, pays the required fee, and is determined after inspection to be in compliance with the provisions of this Chapter and the Board's rules.

(c)        The Board shall adopt rules for the operation, licensure, and inspection of mobile barbershops, including standards for facilities, personnel, and safety and sanitary requirements. All licensure and operating requirements provided by this Chapter or by rules adopted by the Board pursuant to this Chapter that apply to barbershops shall also apply to mobile barbershops, except to the extent that the requirements conflict with this section or with any rules adopted by the Board pursuant to this section.

(d)       In addition to the requirements of this Chapter, individuals and the vehicles they operate while providing mobile barbershop services shall be subject to the provisions of (i) Chapter 20 of the General Statutes, (ii) Title 19A of the North Carolina Administrative Code, (iii) all applicable OSHA requirements, and (iv) all local laws and ordinances regulating business establishments.

(e)        A mobile barbershop must be equipped with a functional sink and toilet facilities and must maintain an adequate supply of clean water and wastewater storage capacity.

(f)        No barbering or service may be performed in a mobile barbershop while the barbershop is moving. The mobile barbershop must be safely parked in a legal parking spot at all times while patrons are present inside the barbershop.

(g)        A mobile barbershop owner must maintain a permanent business address at which records of appointments, itineraries, license numbers, and vehicle identification numbers for each mobile barbershop being operated shall be kept and made available for verification and inspection by the Board and at which all correspondence from the Board can be received.

(h)        To facilitate periodic inspections of mobile barbershops, prior to the beginning of each month, the owner of the barbershop shall provide to the Board a written monthly itinerary listing locations, dates, and hours of operation for the barbershop.

SECTION 2.  The State Board of Barber Examiners shall adopt rules to regulate the disposal of wastewater in a barbershop and mobile barbershop, advertising by licensees with permits to operate mobile barbershops, and inspection and sanitation requirements for mobile barbershops, and other necessary rules to implement the provisions of this act.

SECTION 3.  This act becomes effective October 1, 2021.