Proposed Regulations

Please provide all comments regarding the below proposed regulations to Whitney Clark, Associate Attorney at the following address:

NYS Department of State
MCNYS may be viewed at:
New York State Department of State
99 Washington Avenue
Albany, NY 12231-0001.


Section 160.16 of Title 19 of the NYCRR is amended as follows:

160.16 Facilities: ancillary provisions.

In addition to any requirement of the State Uniform Code, State Sanitary Code, State Industrial Code or similar law or regulation, an owner shall provide:

(a) hot and cold running water;

(b) toilet facilities and wash basins for use by clients and employees;

(c) illumination for the safe provision of licensed services;

(d) covered containers for hair, paper and other waste material; [and]

(e) sufficient space or working area to ensure the safety and health for both the operator and client[.]; and

(f) ventilation that complies with mechanical ventilation standards for nail salons set forth in the 2010 Mechanical Code of New York State or a more restrictive local standard, if one applies. Additionally, an owner shall ensure that both manicure and pedicure stations are equipped with a source-capture system capable of exhausting not less than 50 cubic-feet-per-minute and with exhaust inlets located 12 inches horizontally and vertically from the point of chemical application. Mechanical ventilation standards at sections 401-403, pages27-30, of the Mechanical Code of New York State (MCNYS), published August, 2010 by the International Code Council, Inc., is incorporated herein by reference. Copies of the 2010 MCNYS may be obtained from the publisher at:

International Code Council, Inc.
500 New Jersey Avenue, NW, 6th Floor
Washington, D.C. 20001.
Said incorporated sections and pages of the MCNYS may be viewed at:
New York State Department of State
99 Washington Avenue
Albany, NY 12231-0001.


Subdivision (d) of section 160.25 of Title 19 NYCRR is amended to read as follows:

 (d) An owner shall have on file all Material Safety Data Sheets (MSDS) for inspection. MSDS must be [stored] maintained in a written or electronic format [a metal file] so that MSDS are readily accessible to all employees. Owners shall ensure that all employees are aware of the location of, and have access to MSDS.


A new section 160.39 of Title 19 NYCRR is added to read as follows:
160.39 Early Testing
Any person intending to practice nail specialty, natural hair styling, esthetics or cosmetology shall be permitted to take the written portion of the state licensing examination upon satisfactory completion of at least eighty percent of the instructional hours in the approved course of study. An application to take the written portion of the state licensing examination shall be accompanied by a statement from the school that the applicant has satisfactorily completed at least eighty percent of the instructional hours in the approved course of study.

Section 162.2 of Title 19 NYCRR is Amended to read as Follows:

162.2 Esthetics (doc)