City of Franklin, VA Tattoo Parlors

No tattoo parlor shall be opened for business until an application has been filed and approved and permit issued by the Health Director upon compliance with the provisions of this chapter, the Zoning Ordinance and all other applicable City ordinances.

The permit issued by the Health Director shall be prominently displayed in a conspicuous place in the establishment and shall be nontransferable.

§ 26.1-5 Suspension, reinstatement and revocation of permits.

[Ord. of 6-14-1999]

In the event that a violation of this chapter occurs, the Health Director may issue a written notice to the permit holder or operator citing such violation, specifying the corrective action to be taken and specifying the time period within which such action shall be taken. If deemed necessary, such order shall state that the permit is immediately suspended, and all tattooing is to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the Health Director within five working days he or she shall be afforded a hearing before the Health Director as soon as possible.

Any person whose permit has been suspended may, at any time, make application for reinspection for the purpose of reinstatement of the permit. Within 10 days following receipt of a written request, the Health Director shall make a reinspection. If the Health Director determines that the applicant is complying with the requirements of this chapter, the permit shall be reinstated.

For serious or repeated violations of the provisions of this chapter or for interference with the Health Director in the performance of his or her duties the permit may be permanently revoked. Prior to revocation, the Health Director shall notify the permit holder in writing of his or her right to a revocation hearing before the Health Director. Unless the Health Director receives a request for a hearing within five days from the permit holder's receipt of notice, the permit will be revoked. At the conclusion of a hearing the permit may be revoked if the evidence warrants revocation. The parties at a hearing are entitled to be represented by counsel and present witnesses and exhibits.

§ 26.1-6 Responsibilities of owners, managers and tattooists.

[Ord. of 6-14-1999]

It shall be the duty of the owner or manager of each tattoo parlor to obtain the necessary licenses and permits and to comply with the requirements of this chapter.

It shall be the responsibility of each individual tattooist to observe the requirements of this chapter insofar as they relate to his or her conduct and the care of his or her tools.

All owners, managers and tattooists shall be 18 years of age or more, and it is prohibited to tattoo any part of the body of any person under the age of 18.

§ 26.1-7 Plans and specifications for tattoo parlors.

[Ord. of 6-14-1999]

Plans and specifications for any tattoo parlor hereafter established, removed to a new location or remodeled shall be submitted to the Health Director for review and approval before such establishment may be opened for business. Such plans shall show details as to entrances, partitions, windows, openings, ventilation, vestibules, toilets, water supply and other such details as may be required by the Health Director.

§ 26.1-8 Tattoo parlors not to be used for living purposes.

[Ord. of 6-14-1999]

No portion of any tattoo establishment shall be used for sleeping purposes, nor shall any living quarters of any kind be directly entered through the tattoo establishment, nor shall any cooking be permitted in a tattoo parlor.

§ 26.1-9 Separation of tattoo parlor from other businesses.

[Ord. of 6-14-1999]

No tattoo parlor shall be connected with any other business, other than the business of piercing, unless it be separated by a partition or wall constructed in accordance with City and state requirements, nor shall access to any dwelling or other place of business be permitted through the entrance to the tattoo parlor.

§ 26.1-10 Severability.

[Ord. of 6-14-1999]

Should any portion of this chapter be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of this chapter or any other portion hereof.

§ 26.1-11 Violations.

[Ord. of 6-14-1999]

Any person who violates any provision of this chapter by doing a prohibited act, failing to perform a required act or failing to perform a permitted act in the prescribed manner shall be deemed guilty of a Class 3 misdemeanor. Each day's violation shall constitute a separate offense.

Article II Sanitary Requirements

§ 26.1-12 Plan of operation.

[Ord. of 6-14-1999]

It shall be the duty of the owner or manager of each tattoo parlor prior to commencement of business to provide to the Health Director a plan for the safe and sanitary operation of the facility which meets the requirements set forth hereinbelow and the current accepted practices approved by the Health Director.

§ 26.1-13 Tattoo parlors, equipment and supplies.

[Ord. of 6-14-1999]

Each tattoo parlor shall have the following facilities and equipment:

(1)

Toilet facilities including handwashing facilities located within the same building as the tattoo parlor, accessible without going outside such building or through space exclusively controlled by another person or business and which may be reached by a line of travel not exceeding 200 feet. In addition, an adequate supply of toilet tissue, single-use towels and soap must be provided.

(2)

At least one service sink or mop basin with running hot and cold water for custodial purposes located in the tattoo parlor or accessible within the same building.

(3)

At least one sink located within the tattoo parlor with running hot and cold water for cleaning of instruments.

(4)

An adequate supply of a disinfectant specified herein or approved by the Health Director.

(5)

Closed storage cabinets for tools, supplies, clean linens and other materials used in tattooing.

(6)

Suitable covered containers for all wastebaskets.

(7)

Suitable storage space for all custodial equipment and supplies.

(8)

Suitable dispensers for all single-service articles, pigment preparation, cotton balls or swabs and other materials used in the tattoo parlor.

(9)

Sufficient number of tools or sets of tools to allow continuation of customer service while previously used tools or sets of tools are being cleaned and sterilized.

The minimum equipment for each workstation when in use shall be as follows:

(1)

Within six feet of each workstation a hand sink with a soap and towel dispenser shall be provided for handwashing purposes only. The hand basin shall be equipped with foot-, knee- or elbow-operated faucets.

(2)

A chair. Chairs with headrests shall have changeable coverings.

(3)

A table in good repair with a smooth, nonabsorbent, easily cleanable surface.

(4)

A closed receptacle for the storage of clean tools.

(5)

Suitable dispensers for all single-service articles.

(6)

At least one covered receptacle for a single workstation and one covered receptacle for every two workstations.

§ 26.1-14 Sanitation and design requirements for buildings.

[Ord. of 6-14-1999]

The windows, doors, walls and ceilings of all tattoo parlors, all appurtenant rooms and all tools, appliances and equipment used for tattooing shall be kept in a clean and sanitary condition and in good repair. The tattoo parlor shall be kept free of rodents and vermin. Walls and floors must be smooth, nonabsorbent and washable. Floor mats, if used, must be smooth, nonabsorbent and washable.

Floors and walls of rest rooms shall be of nonabsorbent materials. All toilet room doors shall be self-closing.

All rooms used for the purpose of tattooing shall be provided with artificial illumination uniformly distributed and reasonably free from glare with an illumination intensity of 75 footcandles or more at the working surfaces of each workstation.

All rooms used for tattooing shall be provided with openable window area equal to at least 5% of the floor area for the purpose of ventilation, except that a mechanical or positive ventilation system may be substituted or supplement ventilation using openable windows. The atmosphere in each tattoo parlor shall be maintained reasonably free from odors, noxious substances or any objectionable air contaminants.

For the purpose of providing adequate ventilation where a tattoo parlor is divided into enclosed workstations, the following shall apply: When ventilation using openable windows is provided and there are partitions on at least two sides of the workstation, there shall be a minimum of 24 inches of open space between the top of the dividing partition and the ceiling and a minimum of four inches of open space between the bottom of the dividing partition and the floor. When mechanical ventilation is provided the bottom of the dividing partitions may be flush with the floor. Combustible drapes shall not be used as sidewalls or front closures for workstations.

§ 26.1-15 Health and personal hygiene for tattooists.

[Ord. of 6-14-1999]

Every tattooist in a tattoo parlor must wear sterilized surgical gloves or disposable vinyl examination gloves while tattooing.

Any employee performing work on a customer must be dressed in clean attire.

No person shall knowingly engage in the practice of tattooing when suffering from any communicable disease.

All persons employed in a tattoo parlor shall furnish such information, permit such physical examination and submit such laboratory specimens as the Health Director may require from time to time for the purpose of determining freedom from communicable disease.

§ 26.1-16 Sanitation of tattooing instruments.

[Ord. of 6-14-1999]

Every tattoo parlor shall be provided with, and shall use, proper facilities for cleansing, disinfection and fungicidal treatment of all instruments and implements employed in tattooing. Sinks or containers for disinfecting or fungicidal solutions shall be of such size as will accommodate all instruments and implements to be disinfected or treated against pathogens or fungi. A sufficient amount of approved disinfectant solution must be provided at all times for the proper disinfection of all instruments and implements. Specimens may be taken from time to time by the Health Director to determine whether or not the instruments and implements used are free from pathogenic organisms and fungi and whether or not the disinfecting and fungicidal agents are suitable for their purposes.

No tattoo parlor shall use for the service of any customer any tool or implement that has not been thoroughly cleansed, disinfected, and where indicated herein, sterilized since its last use.

All disinfecting solutions shall be renewed as often as necessary to retain their strength. Sinks or containers used for disinfecting purposes shall be thoroughly cleansed daily and refilled with fresh solution. When disinfectant solutions are retained for reuse, the container shall be covered when not in use.

Closed cabinets and covered containers used for the storage of supplies, clean linen and disinfected tools shall be kept in a clean and sanitary condition at all times and shall be washed and disinfected with a disinfecting solution at regular intervals.

When not in use, tools not used to pierce the skin shall not be left on the worktable, but shall be cleansed, disinfected and placed in a clean closed drawer or cabinet.

Instruments used to pierce the skin or other objects coming into contact with broken skin, shall be considered contaminated and shall not be used on another customer unless they have been thoroughly cleansed and sterilized with an autoclave. An autoclave shall be used for storage of these instruments between use on separate customers.

§ 26.1-17 Sanitation of disposable articles.

[Ord. of 6-14-1999]

All disposable articles must be stored in a sanitary manner and dispensed properly. All disposable material must be discarded immediately after use.

§ 26.1-18 Hygienic practices of tattooing.

[Ord. of 6-14-1999]

All tools and other implements or materials used in the service of a customer shall be removed from the worktable immediately after the service of each customer and shall be placed in the appropriate container. Jars containing jellies shall be covered at all times.

The use of shaving mugs and brushes is prohibited.

The making of shaving lather in a wash basin or lavatory for use on a customer is prohibited.

Alum or any other material used to stop the flow of blood must be used only in the form of a powder or liquid and applied only with sterile gauze or sterile absorbent cotton.

Where jellies are provided in jars or similar containers, they shall be removed with a clean instrument for the use of each customer. Unused portions of jellies remaining from service on a customer shall be discarded. Pigments, once removed from the original container, shall be discarded after use.

Soap in cake or stick form shall be packaged for individual use and used on one customer only.

(g)

Tattooists shall not remove, or attempt to remove, a wart or mole or treat any skin or other disease of a customer.

§ 26.1-19 Infected customers.

[Ord. of 6-14-1999]

Tattooists shall not serve any customer when the skin of the customer is inflamed, contains pus or is erupted unless such customer submits a certificate from a licensed physician stating that such inflammation or eruption is not communicable. Tattoos shall not be applied within six inches of an infected area of the skin or skin covered with a rash.

Tattooists shall not knowingly serve any customer who is afflicted with a fungus infection, nor shall they serve any customer whom they suspect of being infected with any communicable disease.

Records shall be kept of the name, address and telephone number of each customer with a description of the tattoo, the date the service was rendered and the name of the tattooist. These records shall be kept for at least one year.

§ 26.1-20 Sterilization.

[Ord. of 6-14-1999]

Sterilization of instruments shall be accomplished by autoclaving, which involves the use of superheated steam under pressure at the temperatures and times set forth in the definitional section above. The entire load is held at the recommended temperature for the full time indicated. Prior to autoclaving the instruments to be autoclaved must be scrupulously clean.

§ 26.1-21 Disinfection.

[Ord. of 6-14-1999]

The following disinfectants shall be used as indicated below: hypochlorite (5.25% chlorine laundry bleach), glutyraldehyde (cidex), 70% alcohol and clear phenolics. Fresh solutions of hypochlorite and clean phenolics must be made up daily and fresh solutions of glutyraldehyde made up weekly. The manufacturer's instructions regarding the correct concentrations of these substances shall be followed. Alcohol or a clear phenolic solution (e.g., carbolic acid) may be used for wiping motors and table tops. Organic matter and dust adhering to objects to be disinfected shall be cleaned off instruments prior to disinfection.

Approved Disinfectant Solutions
Agent		Preparation	Time	Uses
1.	Hypochlorite	5,000 ppm by diluting 1 part with 10 parts of water	Soak 30 minutes	Corrodes metal; good for other materials and disinfection of needles, etc., before disposal
2.	Glutyraldehyde	Make up weekly using activator; do not dilute	Soak 30 minutes	Damp wiping pigment, capsule holders
3.	70% alcohol	Do not dilute	Damp wipe; leave 30 minutes except on skin	Skin, table top, metals (except on instruments and containers)
4.	Clear phenolics	Dilute according to manufacturer's instructions	Damp wipe; leave 30 minutes except on skin	Table tops, damp wiping tattoo motor

The use of disinfectants other than those listed above must be approved by the Health Director.

§ 26.1-22 Hygienic tattooing — Premises.

[Ord. of 6-14-1999]

The hot and cold water wash basin required at the tattooist's workstation shall be cleaned with a suitable cleaning agent at the end of each session. Soap and disposable paper towels or hot-air dryers must be available and accessible. Cotton towels may not be used.

Tabletops must be wiped down with hypochlorite or soluble phenolic at the end of each session. A clean paper towel shall cover the table surface for each new customer. Other surfaces and shelves must be kept clean, and equipment not in immediate use shall be stored in a cabinet.

§ 26.1-23 Same — Personal hygiene.

[Ord. of 6-14-1999]

Good personal hygiene is required. Clean, washable or single-service clothing shall be worn. The use of sterilized surgical gloves or vinyl examination gloves is acceptable. Vinyl examination gloves shall be discarded after one use. Broken skin or infections on other exposed parts of the body, such as the face, shall be kept covered with a waterproof bandage.

§ 26.1-24 Same — Preparation.

[Ord. of 6-14-1999]

The skin to be tattooed shall be wiped over with a cotton swab impregnated with alcohol or an equal disinfectant. If hair is to be removed, a disposable razor, used once for each customer, is recommended. If a metal safety razor is used, the blade may be used for one customer only, then disposed of. The razor holder shall then be autoclaved. If a straight razor is used, it shall be cleaned and sterilized or disinfected after each use.

Petroleum jelly or a sterile lubricating jelly used to cover the area to be tattooed shall not be removed from jars or spread with fingers. An autoclaved metal syringe or disposable (after one use) syringe may be filled with the jelly to be used by a disposable wooden or plastic spatula or an autoclaved metal spatula. The amount required is to be dispensed and then spread over the area with a dry disposable wooden or plastic spatula or dispensed onto a piece of sterilized gauze and spread over the area with the gauze.

§ 26.1-25 Same — Use of tattooing equipment.

[Ord. of 6-14-1999]

If resterilizable stainless steel needles are used, they must be ultrasonically cleaned and autoclaved between customers. If chromium-plated needles are used, they shall be used only once and discarded.

The estimated number of needles needed for one day should be soldered on to the stainless steel rods in advance of a day's work with lead-free solder.

The rods and needles shall be placed in a disposable container and treated ultrasonically to remove flux residue, dust and any organic matter. The disposable container shall contain 70% alcohol or hot water and detergent and be disposed of after one use.

Needles and needle bars shall then be sterilized in an autoclave by saturated steam for the times and temperatures set forth in § 26.1-2.

Under no circumstances shall needles or any other instrument to be autoclaved be coated with petroleum or lubricating jelly, glycerine, oil or grease before being autoclaved.

Needles shall not be tested on the tattooist's skin before being used on a customer.

(g)

The tubes (holders for the stainless steel needle bars), forceps, metal syringes and other metal instruments shall be sterilized in the autoclave before use.

(h)

The motors or frames must be damp wiped with 70% alcohol, with freshly made-up 1.5% solution of clear soluble phenolic (carbolic acid) or with activated aqueous glutyraldehyde (e.g. cidex).

(i)

After being sterilized needles and bars shall be left in the closed autoclave until they are to be used. Some may be fixed to tubes and motors in readiness, but the needle ends must then be stored in wide-bore empty tubes so that the needles do not touch the sides. Once a needle has been used on a customer, it shall not be placed in these tubes. These tubes shall be sterilized daily.

(j)

Sterile forceps shall be used for handling sterile needles and bars. These shall be resterilized in the autoclave with each new batch of needles.

§ 26.1-26 Same — Pigment.

[Ord. of 6-14-1999]

Fresh pigment in fresh or sterile containers shall be used for each customer to avoid the spreading of a virus from blood or serum of one customer to another.

All the pigment needed for one customer shall be put into clean capsules.

One set of disposable capsules for dyes shall be used for each customer and then discarded. Nondisposable containers are permitted if they are ultrasonically cleaned and sterilized after use on each customer.

Pigment capsules shall be firmly placed in holders while in use to avoid the possibility of spillage. They should be cleaned with 70% alcohol or activated glutyraldehyde between customers and autoclaved daily.

§ 26.1-27 Same — Care of skin.

[Ord. of 6-14-1999]

The tattooed area shall be covered with a sterile nonstick bandage, which is then taped to the skin. Antibiotic or antiseptic creams shall not be used except under a physician's supervision when infection has occurred.

§ 26.1-28 Same — Cleansing and disposal of equipment.

[Ord. of 6-14-1999]

After each customer is tattooed, the needle bars must be disengaged with the tubes from the machine and placed in an autoclave dish. At the end of the session the needle shall be burned off by flaming from the point to the soldered junctions and, unless resterilizable needles are used, the needles are to be disposed of properly. Reusable needles must be used only once after being cleansed and autoclaved. The needle bars must be cleansed ultrasonically and resterilized in the autoclave. All used needles shall be disinfected before discarding by flaming or, in the alternative, they may be disinfected by autoclaving, boiling or placed in a fresh solution of hypochlorite for 30 minutes before disposal.

Pigment capsules must be disposed of after each customer.

Capsule holders and forceps must be autoclaved between sessions.

Holding tubes for motors must be autoclaved between sessions.

Except for needles all waste matter, including capsules, paper towels and tissues, shall be collected in a sealable leakproof plastic bag or box and incinerated or autoclaved before disposal.