Recent Lavatory Decision
the past two years the State Board of Cosmetology (Board) has been involved in
discussions and litigation, regarding the Board’s authority to require a
lavatory and the Board’s issuance of variances to that requirement. On August
14, 2017, the Commonwealth Court of Pennsylvania issued an opinion in the case
of Eleven Eleven Pennsylvania, LLC v. State Board of Cosmetology, declaring
that Board regulation section 7.79, 49 Pa. Code § 7.79, is preempted by section
104(d) of the Pennsylvania Construction Code Act, 35 P.S. § 7210.104(d)(1), to
the extent it requires a lavatory within the square footage of the salon. The
Board has been permanently restrained from enforcing the preempted language of
the lavatory regulation.
As a result
of this decision, the Board will no longer be considering lavatories, or their
location, when reviewing applications for salon licensure. Applications will be
updated in the near future to reflect this change. Additionally, the Board will
begin the process of promulgating a regulation to address the decision of the
At its meeting on November 7, 2016 the State Board of Cosmetology voted to table all variance requests until its next scheduled meeting on January 9, 2017. We apologize for the inconvenience. Any updates relating to this situation will be posted to Board’s website.
SUBJECT: SCAM ALERT—BEI will not call you asking for credit card info
The Bureau of Professional and Occupational Affairs received a report that a person pretending to be an inspector from BEI (Bureau of Enforcement and Investigation) is calling nail salons about inspections. The scammer asks for a $3.00 credit card payment to proceed with the inspection and threatens a $1,500 fine if the fee is not paid immediately. This is a scam!
Licensees for all types of salons are urged to consider the following:
· The Department of State/BEI will not contact you by telephone requesting credit card information.
· The Department of State/BEI does not charge for routine inspections of existing salons.
· Do NOT give your personal or financial information over the phone.
· If you get a call from someone asking for your credit card information, hang up and call your local police department.