H-334                _______________________________________________

 

                                                   HOUSE BILL NO. 1366

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By Representatives Haugen, Cole, Vekich, Leonard and Scott

 

 

Read first time 1/20/89 and referred to Committee on Commerce & Labor.  Referred 3/3/89 to Appropriations.  Reintroduced 1/8/90.

 

 


AN ACT Relating to cosmetology; amending RCW 18.16.020, 18.16.030, 18.16.060, 18.16.100, 50.04.225, 51.08.180, and 82.04.360; adding a new section to chapter 18.16 RCW; creating a new section; and providing an effective date.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 2, chapter 208, Laws of 1984 and RCW 18.16.020 are each amended to read as follows:

          As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:

          (1) "Board" means the cosmetology, barbering, and manicuring advisory board.

          (2) "Director" means the director of the department of licensing.

          (3) "The practice of cosmetology" means the practice of manicuring, the practice of barbering, and the permanent waving, chemical relaxing or straightening, bleaching, or coloring of the hair of the face, neck, and scalp.

          (4) "Cosmetologist" means a person licensed under this chapter to engage in the practice of cosmetology and who has completed sixteen hundred hours of instruction at a school licensed under this chapter.

          (5) "The practice of barbering" means the cutting, trimming, arranging, dressing, curling, waving and shampooing hair of the face, neck and scalp.

          (6) "Barber" means a person licensed under this chapter to engage in the practice of barbering and who has completed eight hundred hours of instruction at a school licensed under this chapter.

          (7) "Booth renter" means a person who performs cosmetology, barbering, or manicuring services where the use of the shop facilities is contingent upon compensation to the owner of the shop facilities and the person receives no compensation or other consideration from the owner for the services performed.

          (8) "Practice of  manicuring" means the application and removal of artificial nails, skin care involving hot compresses, massage, or the use of electrical appliances or chemical compounds formulated for professional application only, and the temporary removal of superfluous hair by means of lotions, creams or mechanical or electrical apparatus or appliances on another person.

          (((8))) (9) "Manicurist" means a person who has successfully completed five hundred hours of instruction at a school licensed under this chapter and who is licensed pursuant to this chapter.

          (((9))) (10) "School" means any establishment offering instruction in the practice of cosmetology, barbering, or manicuring to students and licensed under this chapter.

          (((10))) (11) "Shop" means any building or structure, or any part thereof, other than a school, where the commercial practice of cosmetology, barbering, or manicuring is conducted.

          (12) "Student" means a person sixteen years of age or older who is enrolled in a school licensed under this chapter and receives any phase of cosmetology, barbering, or manicuring instruction with or without tuition, fee, or cost, and who does not receive any wage or commission.

          (((11))) (13) "Cosmetology instructor" means a person who gives instruction in the practice of cosmetology, barbering and/or manicuring in a school and who has the same qualifications as a cosmetologist and who has completed at least five hundred hours of instruction in cosmetology teaching techniques and lesson planning in a school and has passed an examination prepared or selected by the board and administered by the director.  A person who applies for a license under this section and who can show equivalent credentials to the five hundred hour curriculum is exempt from the five hundred hour requirement.  An applicant who holds a degree in education from an accredited postsecondary institution shall upon application be licensed as an instructor if the applicant meets the requirements for licensure as a cosmetologist.

          (((12))) (14) "Special student" is a person who has academically completed the eleventh grade of high school, who in cooperation with any senior high, vocational technical institute, community college, or prep school, attends a cosmetology school and participates in its student course of instruction and has the same rights and duties as a student as defined in this chapter.  The school shall have relatively corresponding rights and responsibilities, and every such special student shall receive credit for all hours of instruction received in the school of cosmetology upon graduation from high school.  Hours shall be credited to a special student if the student graduates from an accredited high school or receives a certificate of educational competence before applying to take the cosmetologist, barber, or manicurist license examination.

 

        Sec. 2.  Section 7, chapter 208, Laws of 1984 and RCW 18.16.030 are each amended to read as follows:

          In addition to any other duties imposed by law, the director shall have the following powers and duties:

          (1) To set all license, examination, and renewal fees in accordance with RCW 43.24.086;

          (2) To adopt rules necessary to implement this chapter;

          (3) To investigate alleged violations of this chapter and consumer complaints involving the practice of cosmetology, barbering, or manicuring;

          (4) To conduct all disciplinary proceedings, impose sanctions, and assess fines for violations of this chapter or any rules adopted under it;

          (5) To administer licensing examinations;

          (6) To establish minimum safety and sanitation standards for schools;

          (7) To establish minimum instruction guidelines for the training of students;

          (8) Shall keep all student training records submitted by the school on file for at least five years or until the student is licensed;

          (9) To set license expiration dates and renewal periods for all licenses under this chapter;

          (10) To cooperate with the department of revenue in collecting taxes due from persons required to be licensed under this chapter.

 

        Sec. 3.  Section 3, chapter 208, Laws of 1984 and RCW 18.16.060 are each amended to read as follows:

          It is a misdemeanor for any person to do any of the following without first obtaining the license required by this chapter:

          (1) Commercial practice of cosmetology, barbering, or manicuring;

          (2) Instruct in a school; ((or))

          (3) Operate a school; or

          (4) Operate a shop.  Each booth renter shall be considered to be operating an independent shop and shall obtain a separate license.

 

        Sec. 4.  Section 5, chapter 208, Laws of 1984 and RCW 18.16.100 are each amended to read as follows:

          Upon payment of the proper fee, the director shall issue the appropriate cosmetologist, barber, or manicurist license to any person who:

          (1) Is at least seventeen years of age or older;

          (2) Has completed a sixteen hundred hour course of training in cosmetology, an eight hundred hour course of training in barbering, or a five hundred hour course of training in manicuring.  The required curriculum shall be determined by the director in consultation with the board and shall include a course in business practices; and

          (3) Has received a passing grade on a licensing examination administered by the director.

 

          NEW SECTION.  Sec. 5.     (1) A shop shall meet the following minimum requirements:

          (a) Maintain an outside entrance separate from any rooms used for sleeping or residential purposes;

          (b) Provide and maintain for the use of its customers adequate toilet facilities located within or adjacent to the shop;

          (c) Be operated under the direct supervision of a licensed cosmetologist except that a shop that is limited to barbering may be directly supervised by a barber and a shop that is limited to manicuring may be directly supervised by a manicurist;

          (d) Any room used wholly or in part as a shop shall not be used for residential purposes, except that toilet facilities may be used jointly for residential and business purposes;

          (e) Meet the zoning requirements of the county, city, or town, as appropriate;

          (f) Provide for safe storage of chemicals used in the practice of cosmetology;

          (g) Meet all applicable local and state fire codes.

          (2) At least once a year, the director shall inspect each shop for compliance with this chapter.  If the director determines that any shop is not in compliance with this chapter, the director shall send written notice to the shop.  A shop which fails to correct the conditions to the satisfaction of the director within a reasonable time shall, upon due notice, be subject to the penalties imposed by the director under RCW 18.16.210.  The director or his or her designee may enter any shop during business hours for the purpose of inspection.

          (3) A shop, including a shop operated by a booth renter, shall obtain a certificate of registration from the department of revenue.

 

        Sec. 6.  Section 20, chapter 18, Laws of 1982 1st ex. sess. as amended by section 117, chapter 7, Laws of 1985 and RCW 50.04.225 are each amended to read as follows:

          The term "employment" does not include services performed in a barber shop or cosmetology shop by persons licensed under chapter 18.16 RCW if((:

          (1) The use of the shop facilities by the individual performing the services is contingent upon compensation to the shop owner; and

          (2) The individual performing the services receives no compensation or other consideration from the owner for the services performed)) the person is a booth renter as defined in RCW 18.16.020.

 

        Sec. 7.  Section 51.08.180, chapter 23, Laws of 1961 as last amended by section 3, chapter 175, Laws of 1987 and RCW 51.08.180 are each amended to read as follows:

          (1) "Worker" means every person in this state who is engaged in the employment of an employer under this title, whether by way of manual labor or otherwise in the course of his or her employment; also every person in this state who is engaged in the employment of or who is working under an independent contract, the essence of which is his or her personal labor for an employer under this title, whether by way of manual labor or otherwise, in the course of his or her employment:  PROVIDED, That a person is not a worker for the purpose of this title, with respect to his or her activities attendant to operating a truck which he or she owns, and which is leased to a common or contract carrier.

          (2) For the purposes of this title, any person, firm, or corporation currently engaging in a business which is registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW is not a worker when:

          (a) Contracting to perform work for any contractor registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW;

          (b) The person, firm, or corporation has a principal place of business which would be eligible for a business deduction for internal revenue service tax purposes other than that furnished by the contractor for which the business has contracted to furnish services;

          (c) The person, firm, or corporation maintains a separate set of books or records that reflect all items of income and expenses of the business; and

          (d) The work which the person, firm, or corporation has contracted to perform is:

          (i) The work of a contractor as defined in RCW 18.27.010; or

          (ii) The work of installing wires or equipment to convey electric current or installing apparatus to be operated by such current as it pertains to the electrical industry as described in chapter 19.28 RCW.

          (3) Any person, firm, or corporation registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW including those performing work for any contractor registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW is a worker when the contractor supervises or controls the means by which the result is accomplished or the manner in which the work is performed.

          (4) For the purposes of this title, any person participating as a driver or back-up driver in commuter ride sharing, as defined in RCW 46.74.010(1), is not a worker while driving a ride-sharing vehicle on behalf of the owner or lessee of the vehicle.

          (5) For purposes of this title, a booth renter as defined in RCW 18.16.120 is not a worker.

 

        Sec. 8.  Section 82.04.360, chapter 15, Laws of 1961 and RCW 82.04.360 are each amended to read as follows:

          (1) This chapter shall not apply to any person in respect to his or her employment in the capacity of an employee or servant as distinguished from that of an independent contractor.

          (2) A booth renter, as defined by RCW 18.16.020, is an independent contractor for purposes of this chapter.

 

          NEW SECTION.  Sec. 9.  A new section is added to chapter 18.16 RCW to read as follows:

          It is a violation of this chapter for any person to engage in the commercial practice of cosmetology, barbering, or manicuring, except in a licensed shop.

 

          NEW SECTION.  Sec. 10.    This act shall take effect on January 1, 1990.