[HISTORY: Adopted by the Board of Health of the Township of Monroe 10-8-1997 by Ord. No. BOH 1-97.[1]; amended in its entirety 4-13-2022 by BOH 1-22. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 311, Tattoo Parlors, adopted 5-5-1982 by Ord. No. BOH 2-82 (appeared as Ch. 74A of the 1967 Code).
As used in this chapter, the following terms shall have the meanings indicated:
ARTIST
Refers to a person who does tattooing or body piercing.
BODY ART
The practice of physical body adornment in permitted establishments by operators utilizing, but not limited to, the following techniques: body piercing; tattooing; and permanent cosmetics.
BODY PIERCING
The placing of a permanent or temporary foreign object in a person's body, such as ears, nose, lips, genitals, nipples, or parts thereof, for a decorative or other nonmedical purpose by a person not directly under the supervision of a licensed physician.
BODY PIERCING AREA (within a body piercing establishment)
The immediate vicinity where body piercing is performed.
BODY PIERCING ARTIST
A person engaged in the practice of body piercing.
BODY PIERCING ESTABLISHMENT
The building or structure where body piercing is practiced.
CERTIFICATE OF INSPECTION
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.
FACILITY
Refers to a place where tattooing or body piercing is conducted.
HEALTH OFFICER
The appointed licensed Health Officer or his authorized representative.
OPERATOR
Any individual, firm, company, corporation or association that 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.
TATTOO ARTIST
One who engages in tattooing.
TATTOO ESTABLISHMENT
The location wherein tattooing is performed.
TATTOO, TATTOOED or TATTOOING
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.
The standards in this chapter apply to both temporary and permanent body art, tattooing and body piercing establishments. This chapter regulates the business of body art and tattooing as defined by N.J.A.C. 8:27-1, et. seq., entitled "Body Art Procedures," as currently promulgated and hereafter amended, is hereby incorporated herein by reference. The Department of Health is hereby authorized to exercise the powers and duties prescribed by this chapter.
A. 
It shall be unlawful for any person to engage in the business of operating an establishment where body art or tattooing is performed without first obtaining a license from the Monroe Township 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 as set forth in Chapter 74, Fees. Any change of ownership shall require a new application and license with payment of fees therefor. All applicants shall submit plans for the establishment to the Township of Monroe Health Department prior to initiation or construction.
C. 
The renewal license fee for engaging in the business of operating a body art, tattoo or body piercing establishment within Monroe Township shall be as set forth in Chapter 74, Fees, per year. All licenses shall expire on the last day of March annually. If renovations of the body art, tattoo or body piercing establishment occur, plans must be submitted to the Monroe Township Health Department and the applicant will be required to comply with § 311-5. The late fee for failure to renew the license shall be as set forth in Chapter 74, Fees, a month if not paid by the final due date of April 30 annually.
D. 
All existing establishments will be considered renewal applications, provided that they apply for renewal of said license within one 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.
E. 
The provisions of this chapter and all licensing fees shall be due immediately upon enactment of this chapter.
F. 
The application accompanied by the license fee hereinafter fixed shall set forth:
(1) 
The local and permanent address and telephone numbers of the applicant and manager.
(2) 
If the applicant is a corporation, the name, address and telephone numbers of its registered agent and officers.
(3) 
Certification that all dyes and inks used in tattooing are nontoxic.
G. 
The applicant shall comply with Occupational Safety and Health Administration (OSHA) Bloodborne Pathogen Standard and Medical Waste Disposal Regulations.
A. 
Age. It shall be a violation of this chapter for anyone or any body art, tattoo or body piercing business to tattoo or body pierce an individual under 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 years beyond the recipient's 18th birthday. The operator shall obtain a copy of a photo ID of the individual being tattooed or body pierced.
B. 
Each person wishing a tattoo or body piercing must fill out an application which will include name, date of birth, address and telephone number of the client as well as the location(s) of the tattoo or body piercing and the name of the operator. All records are to be maintained for a minimum of two years and shall be available to the Health Officer or his authorized representative upon request.
C. 
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. If an applicant is suspected of having an infectious disease in a communicable stage, the operator shall refuse service.
D. 
Written guidelines shall be provided for the care of the body site. Each client shall receive a written copy of the guidelines for care of tattoo and body piercing site. Care instructions must include the following minimum recommendations for body piercing:
(1) 
Wash the body piercing gently with mild soap and water and pat dry.
(2) 
Apply an antibacterial cleaner at least twice daily.
(3) 
Avoid swimming or soaking of the body piercing until healed.
(4) 
Avoid scratching, picking or touching of the body piercing.
(5) 
If redness or swelling develops, contact your doctor.
A. 
Each 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 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 or body piercing 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 worktable or counter used by the operator 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 Monroe Township Health Department, between customers.
D. 
The walls in the work area shall be smooth and easily cleanable and constructed of a nonabsorbent material.
E. 
The floor in the work 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 work area shall be adequate so as to provide a minimum of 100 footcandles in all areas.
G. 
The work area reserved for the application of the tattoo or body piercing shall be separated from other areas of the establishment by walls or durable partitions extending at least six feet in height and so designed to discourage any persons other than the customer and the operator 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 Monroe Township Health Department.
I. 
All products used in cleaning, sanitizing and sterilizing procedures must be clearly marked and stored in an acceptable manner in accordance with the Hazard Communications Regulations. Smaller working containers filled on-site from large 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 in a safe manner.
K. 
All medical waste shall be disposed of according to state standards. All records shall be kept on site and shall be available for inspection. All medical waste records shall be maintained for at least three years after manifest as required by N.J.A.C. 7:26-3A.21.
L. 
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
A. 
Hepatitis B preexposure vaccination or proof of immunity is required for all operators. Any accidental needle stick shall be reported to the Monroe Township Health Department. If a person cannot obtain the vaccination for medical reasons, he shall submit to the 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 and shall be available upon request during inspections.
B. 
All future operators shall pass an examination showing knowledge of sterile technique and universal precautions to assure that infections and contagious disease shall not be spread by work practices. Once a year under the auspices of the Board of Health, a course leading to certification may be given for any person seeking to be a tattooist. In lieu of the above, documentation of education or training previously received shall be satisfactory if determined to be of equivalent quality by the Health Officer.
C. 
Before working on each patron, each artist shall scrub and wash his/her hands thoroughly with hot water and an Environmental Protection Agency (EPA) approved germicide cleaning material using his/her individual hand brush. Fingernails shall be kept clean and short.
D. 
Disposable gloves shall be worn by the artists during preparation and application to prevent contact with blood and body fluids. Universal precautions as required by 29 CFR 1910.1030 Section d.1 shall be followed. All materials shall be disposed of in accordance with § 311-10 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. Medical waste shall be disposed in compliance with latest state regulations.
E. 
Immediately after treating a patron, the operator shall advise the patron on the care of the tattoo or body area piercing and shall instruct the patron to consult a physician at the first sign of infection. Printed instructions regarding these points shall be given to each patron as described in § 311-4D of this chapter.
F. 
All infections resulting from the practice of tattooing or body piercing which become known to the operator shall be reported to the Health Officer by the person owning or operating the establishment or by the artist within 24 hours.
A. 
Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to applicable requirements of §§ 311-9 and 311-10 of this chapter after each use and a new blade shall be used for each patron.
B. 
Following shaving, the area shall be thoroughly cleaned and scrubbed with tincture of green soap or its equivalent and warm water. Before working on the patron's skin, the area shall be treated with 70% alcohol and allowed to air dry.
C. 
No piercing of the tongue shall be permitted.
D. 
No tattooing or piercing shall be done on skin surface that has a rash, pimples, boils, infections or manifests any evidence of unhealthy conditions.
E. 
Ear piercing guns may not be used for body piercing but may only be used for piercing ear lobes. If the ear piercing gun is reused, it must be cleaned and sanitized between patrons. An ear piercing gun may only be used to apply studs in a patron's ears, following manufacturer's instructions. The use of an ear piercing gun to apply a stud or any other jewelry to other areas of the body is prohibited.
F. 
Satisfactory lubricants or antiseptic ointments shall be applied to the tattoo area prior to tattooing. The ointment shall be applied in a satisfactory manner, disposing of the utensil after spreading. Collapsible tubes of ointment or jelly may be used.
A. 
Tattooing.
(1) 
Design stencils shall be thoroughly cleansed and rinsed in an EPA approved germicide effective against tuberculosis (TB) for at least 20 minutes or disposed of following each use. Effective against TB is the standard because it then is more effective against HBV and HIV.
(2) 
Only nontoxic dyes or pigments 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 Monroe Township Health Department 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 are 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 70% alcohol. The area shall be allowed to air dry and antiseptic ointment applied and spread with sterile dressing attached.
B. 
Body piercing.
(1) 
Jewelry preparation. Jewelry or an insertion taper that has been autoclaved and never worn must be placed in a medical antibacterial prep soak for 10 minutes in a separate container that is disposed of or sterilized immediately after the service. Jewelry worn by a person other than the patron must be cleaned and sterilized before insertion.
(2) 
Linen cleaning and storage. Cloth towels, robes and similar items used in conjunction with body piercing must be laundered in a washing machine with hot water, laundry detergent and chlorine bleach between uses. A closed, dustproof container must be provided for the storage of clean towels and linen. A hamper or similar container must be provided for the storage of soiled towels and linen.
C. 
"Body art" means the practice of physical body adornment in permitted establishments by operators utilizing, but not limited to, the following techniques:
(1) 
Body piercing;
(2) 
Tattooing; and
(3) 
Permanent cosmetics.
A. 
Only single service sterile needles and needle bars shall be used for each patron.
B. 
If solder is used in manufacturing needles, needle bars or needle tubes, it must be free of lead.
C. 
Any needle or sharp object that penetrates the skin shall be immediately disposed of in accordance with §§ 311-5 and 311-10 of this chapter and applicable state laws.
D. 
Needle tubes shall be soaked with soapy water, then scrubbed with a clean brush and then rinsed clean. Needle tubes shall be sterilized, stored in sterile bags and maintained in a dry, closed area as required by this chapter.
E. 
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 operation instruction and sterilization specifications shall be at hand. The sterilizer shall conform to the sterilization cycle. Proper functioning of sterilization cycles shall be verified by the weekly use of biologic indicators (i.e., spore tests). A bound log book of these weekly test results shall be available, and a test may be required to be done during any inspections. A loose-leaf log book or one that permits additions or deletions shall not be used.
F. 
If the primary source of sterilization malfunctions, the Monroe Township Health Department shall be notified within 24 hours. In an emergency situation, the Monroe Township Health Department may approve alternative sterilization techniques.
G. 
Needles and bars shall not be bent or broke prior to disposal. Tattoo artists shall take precautions to prevent injuries from contaminated needles or tubes.
A. 
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 §§ 311-9 and 311-5K of this chapter and then discarded in a disposable rigid container. In lieu of this requirement, contracting with any authorized service for the disposal of infectious waste shall be acceptable. All medical regulations shall be adhered to.
B. 
All noninfectious waste shall be disposed on in accordance with § 311-5J of this chapter.
A. 
The penalty shall be not less than $100 nor more than $1,000 for each violation of this chapter. Each day that the violation exists is considered to be a separate offense.
B. 
Reasonable counsel fees incurred by the Board of Health in the enforcement of this chapter shall be paid by the defendant. The amount of such reimbursement fees and costs shall be determined by the court hearing the matter.
C. 
This chapter shall preempt any municipal ordinance inconsistent herewith.
A. 
In addition to being subject to the penalties provided in § 311-11 of this chapter, any license issued under this chapter may be revoked or suspended by the Board of Health for any misstatement in an application or for any violation of this chapter. No license shall be revoked or suspended until the licensee has been afforded a hearing before the Board of Health of the Township of Monroe. Notice of the filing of a complaint which seeks to suspend or revoke any license issued under this chapter shall be served on the defendant personally or on the manager, registered agent or officer of the corporation by certified mail or personal delivery to the business establishment's address or house address or a responsible party. The notice will establish a date for a hearing to be held not more than 15 days from the date of such notice, at which time the defendant shall have the right to be represented by counsel, call witnesses, cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to ensure due process. Should any license be revoked or suspended, no part of the license fee shall be returned.