District of Columbia Administrative Code

809 ADMINISTRATIVE ENFORCEMENT ACTION ─ SUMMARY SUSPENSION, WARNING OR INFORMAL CONFERENCE NOT REQUIRED 809.1 The Department may summarily suspend a license as specified in Section 807 by providing written notice as specified in Section 808 of the summary suspension to the licens…

810 ADMINISTRATIVE ENFORCEMENT ACTION ─ SUMMARY SUSPENSION, TIME FRAME FOR REINSPECTION 810.1 After receiving a request by email, certified mail, or fax from the licensee stating that the conditions cited in the summary suspension order no longer exist, the Department shall condu…

811 ADMINISTRATIVE ENFORCEMENT ACTION ─ SUMMARY SUSPENSION, TERM OF SUSPENSION, REINSTATEMENT 811.1 A summary suspension shall remain in effect until the conditions cited in the notice of suspension no longer exist and the Department has confirmed, through reinspection or other a…

812 ADMINISTRATIVE ENFORCEMENT ACTION ─ REVOCATION OR SUSPENSION OF LICENSE, OR DENIAL OF APPLICATION OR RENEWAL OF LICENSE 812.1 Failure to comply with any of the provisions of these regulations shall be grounds for the revocation or suspension of any license issued to an aquati…

900 SERVICE OF PROCESS ─ NOTICE, PROPER METHODS 900.1 A notice issued in accordance with these regulations shall be deemed properly served if it is served by one (1) of the following methods: (a) A Department representative, a law enforcement officer, or a person authorized to se…

901 SERVICE OF PROCESS ─ DEPARTMENT ISSUED NOTICES OF SUMMARY SUSPENSION, NOTICES OF INFRACTION, AND OTHER DIRECTIVES 901.1 Notices of Summary Suspension, Notices of Infraction, and other directives issued by the Department shall be: (a) Served as specified in Subsection 900.1; o…

902 SERVICE OF PROCESS ─ NOTICE, EFFECTIVENESS 902.1 Service is effective at the time of the notice's receipt as specified in Subsection 901.1(a), or if service is made as specified in Subsection 901.1(b) at the time of the notice is posted. SOURCE: Final Rulemaking published at …

903 SERVICE OF PROCESS ─ PROOF OF PROPER SERVICE 903.1 Proof of proper service may be made by certificate of service signed by the person making service or by admission of a return receipt, certificate of mailing, or a written acknowledgment signed by the licensee or person opera…

9999 GENERAL PROVISION AND DEFINTIONS 9999.1 The terms and phrases used in this title shall have the meanings set forth in this chapter, unless the text or context of the particular chapter, section, subsection, or paragraph provides otherwise. 9999.2 DEFINITIONS Abrasion hazard …

100 TITLE ─ MASSAGE ESTABLISHMENT AND HEALTH SPA FACILITY REGULATIONS 100.1 These provisions shall be known as the Massage Establishment and Health Spa Facility Regulations, hereinafter referred to as “these regulations”. Authority: Section 4902 of the Department of Health Functi…

101 INTENT ─ SAFETY 101.1 The purpose of these regulations is to protect the public health and safety by preventing and controlling the spread of communicable diseases and to protect the environment by promoting and regulating the safety and sanitary conditions of massage establi…

102 COMPLIANCE WITH FEDERAL AND DISTRICT LAWS 102.1 The Department shall use these regulations to promote the safeguarding of public health and ensure that massage establishments and health spa facilities are safe and in compliance with Federal and District laws and regulations. …

1000 ORIGINAL CONTAINERS ─ IDENTIFYING INFORMATION, PROMINENCE* 1000.1 Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label. Source: Final Rulemaking published at 56 DCR 7975 (October 9, 2009). AUTHORITY: DC-DCMR Section 490…

1001 WORKING CONTAINERS ─ COMMON NAME* 1001.1 Working containers used for storing poisonous or toxic materials, such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material. Source: Final Rulemaking pub…

1100 STORAGE ─ SEPARATION* 1100.1 Poisonous or toxic materials shall be stored and transported so they can not contaminate equipment, devices, fixtures, linens, furnishings, garments, or other supplies by: (a) Separating the poisonous or toxic materials by spacing or partitioning…

1101 PRESENCE AND USE ─ RESTRICTION* 1101.1 Restricted-use pesticides shall be applied only by a certified applicator as defined in section 2 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-401). 1101.2 Only the following t…

1102 PRESENCE AND USE ─ CONDITIONS OF USE* 1102.1 Poisonous or toxic materials shall be used according to: (a) The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-401 et seq.), and these regulations; (b) Manufacturer's use directi…

1103 CONTAINER PROHIBITIONS ─ POISONOUS OR TOXIC MATERIAL CONTAINERS* 1103.1 A container previously used to store poisonous or toxic materials shall not be used to store, transport, or dispense equipment, devices, fixtures, linens, furnishings, garments, or other supplies. Source…

1104 CHEMICALS ─ SANITIZERS, CRITERIA* 1104.1 Chemical sanitizers and other chemical antimicrobials as specified in section 501.3 Source: Final Rulemaking published at 56 DCR 7975 (October 9, 2009). AUTHORITY: DC-DCMR Section 4902 of the Department of Health Functions Clarificati…

1105 CHEMICALS ─ CLEANING COMPOUNDS, SANITIZERS* 1105.1 Cleaning compounds and sanitizing agents used in cleaning and sanitizing procedures shall be free from undesirable microorganisms and shall be safe and adequate under the conditions of use. 1105.2 Compliance with this requir…

1106 PESTICIDES ─ RESTRICTED USE PESTICIDES, CRITERIA* 1106.1 Restricted use pesticides shall meet the requirements specified in 40 CFR 152.170 – Criteria for restriction to use by certified applicators. Source: Final Rulemaking published at 56 DCR 7975 (October 9, 2009). AUTHORI…

1107 PESTICIDES ─ RODENT BAIT STATIONS* 1107.1 Rodent bait shall be contained in a covered, tamper-resistant bait station. Source: Final Rulemaking published at 56 DCR 7975 (October 9, 2009). AUTHORITY: DC-DCMR Section 4902 of the Department of Health Functions Clarification Act …

1108 PESTICIDES ─ TRACKING POWDERS, PEST CONTROL AND MONITORING* 1108.1 A tracking powder pesticide may not be used in a massage establishment or health spa facility, except as specified in section 1108.2. 1108.2 If used, a nontoxic tracking powder such as talcum or flour may not…

1109 FIRST AID SUPPLIES ─ STORAGE* 1109.1 First aid supplies that are in a massage establishment or health spa facility for the employees' use shall be: (a) Labeled as specified in section 900 of these regulations; and (b) Stored in a kit or a container that is located to prevent…

1110 OTHER PERSONAL CARE ITEMS ─ STORAGE 1110.1 Employees shall store their personal care items in separate cabinets or storage lockers specified in section 814.2, except as specified in section 1109. Source: Final Rulemaking published at 56 DCR 7975 (October 9, 2009). AUTHORITY:…

1200 LICENSE REQUIREMENT ─ PREREQUISITE FOR OPERATION* 1200.1 No person shall own, open, or operate a massage establishment or health spa facility, or provide access to massage services in the District without a valid massage establishment or health spa facility license issued by…

1201 APPLICATION PROCEDURE ─ PERIOD FOR SUBMISSION 1201.1 An applicant shall submit an application for a license at least thirty (30) calendar days before the date planned for opening a massage establishment or health spa facility or the expiration date of the current license for…

1202 APPLICATION PROCEDURE ─ FORM OF SUBMISSION, PROCESSING 1202.1 An applicant shall submit a written application for a license on a form provided by the Department. 1202.2 A new application shall be filed with the Department within thirty (30) days of any change in ownership or…

1203 APPLICATION PROCEDURE ─ DEPARTMENT OF HEALTH AND THE METROPOLITAN POLICE DEPARTMENT, REVIEWS AND APPROVALS* 1203.1 The Department, with the assistance of the D.C. Metropolitan Police Department shall review each application to verify the application and the applicant’s quali…

1204 APPLICATION PROCEDURE ─ CONTENTS OF THE APPLICATION PACKET 1204.1 An application for a license to operate a massage establishment or health spa facility shall include the full name, address, and signature of the applicant, and the following information: (a) The full and true…

1205 DENIAL OF APPLICATION FOR LICENSE ─ NOTICE 1205.1 If an application for a license or a renewal of a license is denied, the Department shall provide the applicant with written notice that includes: (a) The specific reasons and legal authority for denial of the license; (b) Th…

1206 ISSUANCE OF LICENSE ─ NOTICE OF OPENING, DISCONTINUANCE OF OPERATION, AND POSTING 1206.1 A massage establishment or health spa facility shall provide notice to the Department of its intent to operate at least thirty (30) calendar days before beginning operations. 1206.2 A ma…

1207 ISSUANCE OF LICENSE ─ NEW OR EXISTING ESTABLISHMENTS, OR CHANGE OF OWNERSHIP OR LOCATION 1207.1 Each applicant shall: (a) Submit a properly complete an application packet provided by the Department; (b) Submit a copy of any other operating and safety procedures unique to fac…

1208 ISSUANCE OF LICENSE ─ REQUIRED PLAN REVIEWS AND APPROVALS 1208.1 A license applicant or licensee shall submit to the Department for review and approval properly prepared plans and specifications before: (a) The construction of a massage establishment or health spa facility; …

1209 ISSUANCE OF LICENSE ─ REQUIRED INSPECTIONS, PREOPERATIONAL, CONVERSIONS, AND RENOVATIONS* 1209.1 The Department shall conduct one (1) or more preoperational inspections to verify and approve that the massage establishment or health spa facility is constructed and equipped in…

1210 CONDITIONS OF RETENTION ─ RESPONSIBILITIES OF THE LICENSEE 1210.1 Upon receipt of a license issued by the Department, the licensee, in order to retain the license shall comply with sections 1210.2 through 1210.7. 1210.2 The licensee shall post a current license, valid Certif…

1211 CONDITIONS OF RETENTION ─ LICENSE NOT TRANSFERABLE* 1211.1 A massage establishment or health spa license shall not be transferred from one person to another person or from one location to another. Source: Final Rulemaking published at 56 DCR 7975 (October 9, 2009). AUTHORITY…

1300 ACCESS & INSPECTION FREQUENCY ─ DEPARTMENT RIGHT OF ENTRY, DENIAL MISDEMEANOR* 1300.1 The Department shall determine a massage establishment or health spa facility’s compliance with these regulations by conducting on-site: (a) Preoperational inspections; (b) Unannounced rout…

1301 REPORT OF FINDINGS ─ DOCUMENTING INFORMATION AND OBSERVATIONS 1301.1 The Department shall document on an inspection report form: (a) Administrative information about the massage establishment or health spa facility’s legal identity, street and mailing addresses, inspection d…

1302 REPORT OF FINDINGS ─ SPECIFYING TIME FRAME FOR CORRECTIONS 1302.1 The Department shall specify on the inspection report form the time frame for correction of violations as specified in sections 1308 and 1310. Source: Final Rulemaking published at 56 DCR 7975 (October 9, 2009…

1303 REPORT OF FINDINGS ─ ISSUING REPORT AND OBTAINING ACKNOWLEDGMENT OF RECEIPT 1303.1 At the conclusion of the inspection, the Department shall provide a copy of the completed inspection report and the notice to correct violations to the licensee and request a signed acknowledg…

1304 REPORT OF FINDINGS ─ REFUSAL TO SIGN ACKNOWLEDGMENT 1304.1 The Department shall inform a person who declines to sign an acknowledgment of receipt of inspection findings that: (a) An acknowledgment of receipt is not an agreement with the finding; (b) Refusal to sign an acknow…

1305 DEPARTMENT RECORDS REQUIREMENTS 1305.1 The Department shall keep and maintain a record of each inspection made of a massage establishment or health spa facility within the District for a period of three (3) years. 1305.2 The Department shall maintain annual records of the fo…

1306 IMMINENT HEALTH HAZARD ─ CEASING OPERATIONS AND EMERGENCY REPORTING 1306.1 The Department shall summarily suspend operations, or a licensee shall immediately discontinue operations and notify the Department whenever any of the following conditions occur: (a) Operating with e…

1307 IMMINENT HEALTH HAZARD ─ RESUMPTION OF OPERATIONS 1307.1 If operations are discontinued as specified in section 1306 or otherwise according to applicable D.C. laws and regulations, the licensee shall obtain approval from the Department before resuming operations. 1307.2 The …

1308 CRITICAL VIOLATIONS ─ TIME FRAME FOR CORRECTION* 1308.1 A licensee shall at the time of inspection, correct a critical violation of these regulations and implement corrective action as specified in section 1308.2. 1308.2 The Department may consider the nature of the potentia…

1309 CRITICAL VIOLATIONS─ VERIFICATION AND DOCUMENTATION OF CORRECTION 1309.1 After observing at the time of inspection a correction of a critical violation, the Department shall enter the violation and information about the corrective action on the inspection report. 1309.2 Afte…

1310 NONCRITICAL VIOLATIONS ─ TIME FRAME FOR CORRECTION 1310.1 The licensee shall correct noncritical violations by a date and time agreed to or specified by the Department but no later than fourteen (14) business days after the inspection, except as specified in section 1310.2. …

1311 REQUEST FOR REINSPECTION 1311.1 If a license is summarily suspended pursuant to section 1608 or suspended or revoked pursuant to section 1613 because of violations of these regulations, the licensee shall submit a written request for reinspection and pay the required reinspe…

1400 PREVENTING HEALTH HAZARDS ─ PROVISION FOR CONDITIONS NOT ADDRESSED 1400.1 If necessary to protect against public health hazards or nuisances, the Department may impose specific requirements in addition to the requirements contained in these regulations that are authorized pu…