[HISTORY: Adopted by the Board of Health
of the Borough of Wanaque 5-18-1994 as Ord. No. 2-94. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Written approval from the Health Officer or his authorized
representative that said tattooing establishment has been inspected
and meets all of the terms of this chapter.
The Wanaque Borough Public Health Officer or his authorized
representative.
Any individual, firm, company, corporation or association
who or which owns or operates an establishment where tattooing is
performed and any individual who performs or practices the art of
tattooing on the person of another.
One who engages in tattooing.
The location wherein tattooing is performed.
Refers to any method of placing designs, letters, scrolls,
figures, symbols or any marks under the skin with ink or any other
substance resulting in the coloration of the skin by the aid of needles
or any other instruments designed to puncture the skin.
A.
It shall be unlawful for any person to engage in the
business of operating an establishment where tattooing is performed
without first obtaining a license from the Borough of Wanaque Board
of Health to engage in such business in accordance with the provisions
hereof.
B.
An application for an initial license shall be accompanied
by a fee in the amount of two hundred dollars ($200.). Any change
of ownership shall require a new application and license with payment
of fees therefor. All applicants shall submit plans for the establishments
to the Borough of Wanaque Board of Health prior to initiation or construction.
C.
The renewal license fee for engaging in the business of operating a tattoo establishment within the Borough of Wanaque shall be one hundred dollars ($100.) per year. All licenses shall expire on the last day of each calendar year. If renovations of the tattoo establishment occur, plans must be submitted to the Borough of Wanaque Board of Health, and the applicant will be required to comply with § 137A-4A. The first license expiration date for renewal shall be December 31, 1994.
D.
All existing establishments will be considered renewal applications, provided that they apply for renewal of said license within one (1) month after the effective date of this chapter. Establishments failing to apply within the specified time period will be considered new applicants and will be subject to the provisions of Subsection B of this section.
A.
Age. It shall be a violation of this chapter for anyone
or any tattoo business to tattoo an individual under eighteen (18)
years of age without authorization signed by the parent or legal guardian
and witnessed by the operator. The operator shall be responsible for
maintaining the original consent form and copies of all consent information
for a period of two (2) years beyond the recipient's twenty-first
birthday. The operator shall obtain a copy of a photo ID of the individual
being tattooed.
B.
Each person wishing to receive a tattoo must first
apply to the operator, on a form approved by the Borough of Wanaque
Board of Health. A tattoo may then be applied no sooner than one (1)
hour after the time of application received by the tattooist. If the
applicant is suspected to be under the influence of alcohol, drugs
or any other behavioral modifying substance, the operator must refuse
the applicant.
A.
Each tattoo facility shall have a bathroom accessible
to the public and staff. Each bathroom shall be equipped with a commode
and a sink, with the sink being connected to hot and cold running
water. Soap and sanitary towels, or other approved hand-drying devices,
shall be available at the sink at all times. Common towels are prohibited.
In addition to the above, each tattooing cubicle or work station must
be provided with a sink connected to hot and cold running water. This
area shall also be provided with soap and appropriate hand-drying
facilities.
B.
The chair or seat reserved for the person receiving
the tattoo shall be of a material that is smooth and easily cleanable
and constructed of material that is nonabsorbent. Any surfaces on
the chair that become exposed to blood or body fluids must be cleaned
and sanitized prior to use by the next customer.
C.
The work table or counter used by the tattoo artist
shall be smooth and easily cleanable and constructed of material that
is nonabsorbent. There shall be a covered junction between the table/counter
and the wall if the table/counter is to be placed against the wall.
This table/counter must be cleaned and sanitized, utilizing a method
approved by the Borough of Wanaque Board of Health, between customers.
D.
The walls in the tattooing area shall be smooth and
easily cleanable and constructed of nonabsorbent material.
E.
The floor in the tattooing area shall be of a durable
material that is nonabsorbent and is smooth and easily cleanable.
Floors shall be kept clean.
F.
Lighting within the tattoo area shall be adequate
so as to provide a minimum of one hundred (100) footcandles in all
areas.
G.
The work area reserved for the application of the
tattoo shall be separated from other areas of the establishment by
walls or durable partitions extending at least six (6) feet in height
and so designed to discourage any persons other than the customer
and the tattoo artist from being in the work area.
H.
Any surfaces in the establishment that become exposed
to blood or body fluids must be cleaned and sanitized, utilizing a
method approved by the Borough of Wanaque Board of Health.
I.
Products used in the cleaning, sanitizing and sterilizing
procedures must be clearly marked and stored in an acceptable manner.
Smaller working containers filled on-site from larger containers must
be clearly marked with the name of the product.
J.
Proper waste receptacles shall be provided and waste
disposed of at appropriate intervals.
K.
All medical waste generated shall be segregated from
all other waste and shall be disposed of in compliance with N.J.A.C.
7:26-3A.1 and all laws, rules and regulations applicable to the disposal
of medical waste. All medical waste disposal records must be maintained
on the premises for a three-year period.
A.
Tattoo artist.
(1)
Hepatitis B preexposure vaccination or proof of immunity
is required for all tattoo artists. Any accidental needle stick injury
shall be reported to the Borough of Wanaque Board of Health. If a
person cannot obtain the vaccination for medical reasons, he shall
submit to the Borough of Wanaque Board of Health a letter from his
physician certifying that the individual does not have hepatitis B
and the vaccination is contraindicated. This certification shall be
annually renewed.
(2)
All tattoo artists shall pass an examination showing
knowledge of sterile technique and universal precautions to assure
that infection and contagious disease shall not be spread by tattooing
practices. Once a year under the auspices of the Borough of Wanaque
Board of Health, a course leading to certification shall be given
for any person seeking to be a tattooist with the Borough of Wanaque.
(3)
Before working on each patron, each tattoo artist
shall scrub and wash his/her hands thoroughly with hot water and antiseptic
soap using his/her individual hand brush. Fingernails shall be kept
clean and short.
(4)
Disposable vinyl or latex gloves shall be worn by the tattoo artists during tattoo preparation and application to prevent contact with blood or body fluids. Universal precautions as described by the Centers for Disease Control and Prevention (CDC), as they are updated and amended from time to time, shall be followed. All materials shall be disposed of in accordance with § 137A-5E(1) of this chapter after contact with each patron. Hands shall be washed immediately after removal of gloves. Any skin surface that has contact with blood shall be washed immediately.
(5)
Immediately after tattooing a patron, the tattooist
shall advise the patron on the care of the tattoo and shall instruct
the patron to consult a physician at the first sign of infection of
the tattoo. Printed instructions regarding these points shall be given
to each patron.
(6)
All infections resulting from the practice of tattooing
which become known to the operator shall be promptly reported to the
Health Officer by the person owning or operating the tattoo establishment
or by the tattoo artist.
B.
Skin preparation.
(1)
Tattooing shall be done only on normal healthy skin
surface that is free of moles or infection.
(2)
Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to § 137A-5E(1) of this chapter after each use, and a new blade shall be used for each patron.
(3)
Following shaving, the area shall be thoroughly cleansed
and scrubbed with tincture of green soap or its equivalent and warm
water. Before placing the design on the patron's skin, the area shall
be treated with seventy percent (70%) alcohol and allowed to air dry.
(4)
Only petroleum jelly (U.S.P. or National Formulary)
or antiseptic ointment shall be applied to the tattoo area prior to
tattooing. The ointment shall be applied in a sanitary manner, disposing
of the utensil after spreading. Collapsible tubes of ointment or jelly
may also be used.
C.
Tattooing.
(1)
Design stencils shall be thoroughly cleansed and rinsed
in an approved germicidal solution for at least twenty (20) minutes
or disposed of following each use.
(2)
Only nontoxic dyes or pigment may be used. Premixed
sterile materials are preferred. Premixed dyes shall be used without
adulteration of the manufacturer's original formula. It shall be the
responsibility of the operator to provide certification to the Borough
of Wanaque Board of Health of the nontoxicity of the dyes or inks
at the time of license application and renewal.
(3)
Single-service or individual containers of dye or
ink shall be used for each patron and the container disposed of immediately
after completing work on each patron. Any dye in which the needles
were dipped shall not be used on another person.
(4)
The completed tattoo shall be washed with sterile
gauze and a solution of tincture of green soap or its equivalent,
then disinfected with seventy percent (70%) alcohol solution. The
area shall be allowed to air dry and antiseptic ointment applied and
spread with sterile gauze and sterile dressing attached.
D.
Needles and instruments.
(1)
Only single-service sterilized needles and needle
bars shall be used for each patron.
(2)
If solder is used in manufacturing needles, needle
bars or needle tubes, it must be free of lead.
(3)
Any needle that penetrates the skin of the tattoo artist shall be immediately disposed of in accordance with § 137A-5E(1) of this chapter.
(4)
Needle tubes shall be soaked with soapy water, then scrubbed with a clean brush, then rinsed clean. Needle tubes shall be sterilized in accordance with § 137A-5D(5), stored in sterile bags and maintained in a dry, closed area.
(5)
Each item to be sterilized shall be individually wrapped
using indicator bags or strips. Sterilization shall be by steam sterilization.
The sterilizer shall be well maintained with a tight-fitting gasket
and a clean interior. The manufacturer's operating instructions and
sterilization specifications shall be at hand. The sterilizer shall
conform to the manufacturer's specifications with regard to temperature,
pressure and time of sterilization cycle. Proper functioning of sterilization
cycles shall be verified by the weekly use of biologic indicators
(i.e., spore tests). A log book of these weekly test results shall
be available, and a test may be required to be done during any inspections.
(6)
If the primary source of sterilization malfunctions,
the Borough of Wanaque Board of Health shall be notified within twenty-four
(24) hours. In an emergency situation, the Borough of Wanaque Board
of Health may approve alternate sterilization techniques.
(7)
Needles and bars shall not be bent or broken prior
to disposal. Tattoo artists shall take precautions to prevent injuries
from contaminated needles or tubes.
E.
Disposal of wastes.
(1)
All used needles, needle bars or other tools used in the tattooing process, as well as gloves, gauze and other materials contaminated with blood or body fluids, shall be sterilized in accordance with § 137A-5D(5) of this chapter and then discarded in a disposable rigid container. In lieu of this requirement, contracting with an authorized service for the disposal of infectious waste shall be acceptable.
(2)
All medical waste generated shall be segregated from
all other waste and shall be disposed of in compliance with N.J.A.C.
7:26-3A.1 and all laws, rules and regulations applicable to the disposal
of medical waste. All medical waste disposal records must be maintained
on the premises for a three-year period.
A.
The penalty for violation of this chapter is not less
than two hundred fifty dollars ($250.) nor more than one thousand
dollars ($1,000.) for each violation of this chapter payable to Borough
of Wanaque Board of Health. Each day that the violation exists is
considered to be a separate offense.
B.
Reasonable counsel fees incurred by the Borough of
Wanaque Board of Health in the enforcement of this chapter shall be
paid by the defendant. The amount of such reimbursable fees and costs
shall be determined by the court hearing the matter.
C.
This chapter shall preempt any municipal ordinance
inconsistent herewith.
