[HISTORY: Adopted by the Board of Health of the Township of Washington
11-23-1999 by Ord. No. 3-99. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Board of Health of the Township of Washington or its duly authorized
agent, officer or inspector.
One who engages in the art of body piercing.
The piercing or puncturing of the skin, cartilage, bone or other
tissue of the body of a person.
Written approval from the Board that said tattoo studio has been
inspected and meets all of the requirements of this chapter.
A license issued to the owner of a tattoo studio to operate a business
under the provisions of this chapter.
Any individual, firm, company, partnership, corporation or association
that owns and/or operates an establishment where tattooing or body piercing
is performed.
A registration issued to a tattoo artist or body piercer under the
provisions of this chapter.
One who engages in the art of tattooing.
Any premises where a tattoo artist does tattooing and/or a body piercer
performs body piercing for a fee or other consideration.
To mark or color the skin by pricking in by subcutaneous introduction,
nontoxic dyes or pigments so as to form indelible marks or figures or by production
of scars.
No person, except a duly licensed physician, shall engage in the practice
of tattooing or body piercing without having first been registered and in
receipt of an approved license with the Board of Health.
A.
Any person desiring to engage in tattooing or body piercing
shall submit an application to the Board of Health in the form prescribed
by said Board. No registration shall be issued or renewed unless the applicant
has taken a physical examination, reported on a form prescribed by the Board
of Health, which examination shall include but not be limited to an X-ray
of the chest, Hepatitis B pre-exposure vaccination or proof of immunity or
declination letter and reported to be free from all contagious or communicable
diseases. Records of all such examinations shall be submitted to the Board
of Health and kept on file by the holder of the certificate of inspection
for the tattoo or body piercing establishment in which the person to whom
the license is issued is employed.
B.
A fee of $200 shall be required for the initial application.
A fee of $100 shall be required of each applicant for the renewal of a license.
C.
All fees paid pursuant to this section are nonrefundable.
D.
All registrations shall expire on the 31st day of December
of each year. Applications for the renewal of a registration must be presented
to the Board of Health no later than 45 days prior to December 31 of each
year.
No person, partnership, firm or corporation shall operate a tattoo or
body piercing establishment unless such person, partnership, firm or corporation
has registered such shop with the Board of Health and has received a certificate
of inspection from said Division. No certificate of inspection shall be issued
unless the studio was inspected by the Board of Health and found to be in
compliance with the requirements of this chapter.
A.
It shall be unlawful for any person to engage in the
business of operating an establishment where tattooing or body piercing is
performed without first obtaining a license from the Board of Health to engage
in such business in accordance with the provisions of this chapter.
B.
An application for a license shall be accompanied by
a fee in the amount of $200. Any change of ownership shall require a new application
and license with payment of fees therefor.
In addition to any other penalty that may be imposed by § 252-9 of this chapter, after due notice and hearing before the Health Officer of the Township of Washington, the Board may suspend or revoke any tattoo artist registration or body piercer registration or license to operate a tattoo or body piercing establishment issued pursuant to this chapter for violations of the provisions of the chapter.
In order to qualify for a certificate of inspection there must be compliance
with the following requirements:
A.
The tattoo or body piercing establishment shall be so
located or constructed as to prevent the contamination of the work areas of
the establishment by dust from the street or sidewalk.
B.
The building and equipment shall be maintained in a state
of good repair at all times. All parts of the establishment shall be kept
neat, clean and free from litter and rubbish.
C.
All walls, ceilings and floors shall be smooth, made
of nonporous material and easily cleaned. Walls, ceilings and floors shall
be kept clean and free from dust and debris. The floor shall be swept and
wet mopped daily. Floors, walls or ceilings shall not be swept or cleaned
while tattooing or body piercing is in operation.
D.
Adequate light and ventilation shall be provided.
E.
Each tattooing or body piercing establishment shall contain
a sink with foot pedals for the exclusive use of the tattoo artists or body
piercers to wash their hands and prepare the customers for tattooing or body
piercing. The sink shall be provided with adequate hot and cold running water.
There shall also be available at the sink approved soap, clean individual
towels and refuse containers. Individual ultrasonic cleaners shall be provided
by the owner at each station with single service application.
F.
Adequate toilet, urinal and handwashing facilities shall
be available on the premises for the use of customers, tattoo artists, and
body piercers. Toilets, urinals and handwashing facilities shall be maintained
in a sanitary condition at all times.
G.
An adequate number of work tables shall be provided for
each tattoo artist or body piercer. The surface of all work tables shall be
constructed of metal or other material which is smooth, light-colored, nonabsorbent,
corrosive-resistant and easily sanitized.
H.
The tattoo and body piercing establishment shall be arranged
so that work tables will be located at least 10 feet from observers or waiting
customers or such work tables shall be separated from observers or waiting
customers by a panel or other barrier at least six feet in height. The panel
may be constructed of glass, solid plastic or similar materials.
I.
Proper closed and locked cabinets for the exclusive storage
of instruments, dyes, pigments, carbon stencils and other paraphernalia used
in the establishment shall be provided for each tattoo artist or body piercer.
Sharps containers shall be made available at each location.
J.
The tattooing and body piercing establishment shall have
proper facilities for the disposition of waste materials. Written plans are
to be submitted to the Board of Health for proper disposal.
K.
Each tattoo artist or body piercer shall be provided
with individual hand brushes and fingernail files.
L.
No smoking shall be permitted in any tattoo studio.
M.
The holder of any license to operate shall not allow
a tattoo artist or body piercer to perform in his/her tattoo or body piercing
establishment unless the tattoo artist or body piercer is the holder of a
valid registration as defined in this chapter.
N.
The holder of a license to operate shall maintain proper
records for each patron. A record of each patron shall include the date on
which he/she was tattooed or body pierced, his/her name and his/her signature,
address and age, the design of the tattoo and its location on his/her body,
the physical location and description of the body piercing, and the name,
address and telephone number of the tattoo artist who tattooed him/her or
the body piercer who pierced him/her. A record of each patron who received
a tattoo shall also include the name, address and other information about
the manufacturer of the dyes used as well as information about the dye solutions
and types of dyes used. If a patron requests this information, it must be
released to the patron. These records shall be entered in ink or indelible
pencil in a bound book kept solely for this purpose. This book shall be available
at reasonable hours for examination by the Board of Health or any law enforcement
officer and shall be preserved for at least five years from the date of the
last entry therein. Certified birth certificate and written consent permitting
the tattooing or body piercing of individuals under the age of 18 shall be
kept on file for five years by the holder of the certificate of sanitation
for the tattoo studio in which the tattooing or body piercing was performed
and shall be available for inspection upon request. At such time when the
tattoo establishment or body piercing establishment ceases doing business
or is removed from the township or changes its name or has a change in management
or ownership, all such records shall be turned over to the Township Board
of Health.
O.
Only tattooing and/or body piercing shall be permitted
in the tattoo or body piercing establishment.
P.
Interior design and floor plans for the tattoo or body
piercing establishment must be submitted to the Board of Health and approved
prior to operation of the facility.
Q.
No person shall state or imply in an advertisement or
in any other way that the tattooing or body piercing establishment is endorsed,
regulated or approved by the township or by any of its departments or by the
Board of Health or is conducted in compliance with the terms of this chapter.
R.
The name, address and telephone number of the establishment
must be on the heading of all waivers, care sheets, consent and other forms
utilized by the establishment.
A.
The tattoo artist or body piercer will use standards
of aseptic technique in tattooing or body piercing, dressing and other operations
that are approved by the Board of Health. He/she will use only such germicides
and dressings as are approved by said Board. All instruments, needles, stencils,
dyes, pigments, dressing materials, razors, handbrushes, fingernail files
and other equipment used by the tattoo artist or body piercer while tattooing
or body piercing shall be sterile.
B.
The following minimum standards shall be observed at
all times.
(1)
No person, except a duly licensed physician, shall practice
tattooing or body piercing in any place other than a tattooing or body piercing
establishment for which a certificate of inspection has been issued.
(2)
It shall be unlawful to perform any tattooing or body
piercing on an individual who is under the influence of intoxicating liquor
or drugs.
(3)
It shall be unlawful to perform any tattooing or body
piercing on an individual under the age of 18 years without the notarized
written consent of a parent(s) or legal guardian of such individual and certified
birth certificate. Such written consent and birth certificate shall be kept
on file as provided in this chapter.
(4)
No person, customer or patron with any disease in a communicable
form or suspected of having such disease shall engage in tattooing or body
piercing. Such diseases may include, but shall not be limited to, the common
cold, influenza, tuberculosis, scabies, impetigo, syphilis, chickenpox, measles
(rubeola), German measles (rubella), mumps, whooping cough, hepatitis, AIDS,
skin infections, infection on hands or arms, sore throat or jaundice of the
skin or sclera. The Board of Health may require a certificate signed by a
duly licensed physician stating that said person is free from communicable
diseases before permission to resume operation is granted. All infections
resulting from the practice of tattooing or body piercing which become known
to the owner or person in charge of the tattooing or body piercing establishment
shall promptly be reported to the Township Board of Health by the person owning
or in charge of the tattoo or body piercing establishment and the infected
client shall be referred to a physician.
(5)
Immediately after tattooing or body piercing a patron,
the tattoo artist or body piercer shall advise that patron in writing on the
care of the tattoo or area pierced and shall instruct the patron to consult
a physician at the first sign of infection of the tattoo or area pierced.
(6)
Each tattoo artist or body piercer must wear a clean
outer garment.
(7)
Each tattoo artist or body piercer shall have an individual
fingernail file and individual handbrush which shall be clean and which shall
be sterilized before each use by boiling for 15 minutes or by immersion in
an approved germicidal solution for not less than 20 minutes. Germicidal solutions
used to sterilize shall be changed daily and the container thoroughly cleansed.
(8)
Before working on each patron, each tattoo artist or
body piercer shall clean his/her fingernails with his/her individual nail
file and shall thoroughly wash and scrub his/her hands with hot running water,
an approved soap and his/her individual handbrush. When working on a patron
each tattoo artist or body piercer shall wear protective gloves made of rubber
or latex-like material.
(9)
That portion of the patron's skin to be tattooed or pierced
shall be prepared by washing with hot water and approved soap; by shaving
with a sterile safety razor and a single-service blade; and shaving shall
be followed by a thorough cleansing with hot water and approved soap applied
with a clean, disposable cotton gauze or paper towel. A sterile handbrush
shall be used, if necessary, to provide a clean skin area.
(10)
Following the cleansing of the patron's skin, the tattoo
artist or body piercer shall again wash and scrub his/her hands in the manner
prescribed above. He/she shall allow his/her hands to dry without the use
of towel or other mechanical means. Before placing the design on the patron's
skin or piercing, the tattoo artist or body piercer shall treat the skin area
with 70% alcohol or other approved germicidal solution which shall be applied
with sterile cotton or sterile paper towel. An atomizer bottle used in the
application of alcohol and soap used in preparing the patron's skin should
be covered with a disposable plastic bag and shall be discarded after each
use.
(11)
Only petroleum jelly, United States Pharmacopoeia or
National Formulary, shall be applied to the area to be tattooed by sterile
tongue depressors using a single disposable container. The application may
be spread by the use of sterile gauze, but not directly with the finger.
(12)
The stencils for transferring the design to the skin
for a tattoo shall be disposable paper stencils. No plastic or reusable stencils
shall be used.
(13)
Only FDA-approved dyes shall be used in the tattooing
process, and no homemade dyes may be used. Single-service or individual portion
of dyes or pigments in clean, sterilized, individual containers or single
service containers must be used for each patron. After tattooing, the remaining
unused dye or pigment in the single service or individual containers must
be discarded. All dyes or pigments used in tattooing shall be approved by
the Board of Health.
(14)
A set of individual, single-service sterilized needles
or instruments shall be used for each patron. Needles should be of a silver
soldered nature containing no lead. Needles should be cleaned in an ultrasonic
cleaning device, sterilized and stored in individualized sterile bags (steribags).
Tubes used in the operation shall be made of stainless steel.
(a)
Sterilization shall be done by holding in an approved
autoclave for 25 minutes at 200 pounds pressure.
(b)
Proper functioning of sterilization cycles shall be verified
by the weekly use of biological indicators (i.e. spore tests). A log book
of these weekly test results shall be available, and a test may be required
to be performed during any inspection.
(c)
If the primary source of sterilization malfunctions,
the Board of Health must be notified within 24 hours. In an emergency situation,
the Board of Health may approve alternate sterilization techniques.
(d)
No rusty, dull or faulty needles shall be used for tattooing
or piercing. No needle grouping shall be reused.
(15)
As the tattoo operation progresses, any excess dye or
pigment applied to the skin shall be removed with sterile gauze, sterile cotton
or paper towels.
(16)
The completed tattoo shall have the excess dye or pigment
removed with paper towels and green soap. It shall then be washed with a piece
of sterile gauze, sterile cotton or paper towel saturated with an approved
germicidal solution (tincture of green soap). It shall be allowed to dry.
After drying, petroleum jelly, United State Pharmacopoeia or National Formulary,
shall be applied and the entire area covered with a piece of sterile gauze,
which may in turn be covered with a piece of tissue and fastened to the site
with an approved type of adhesive.
(17)
Storage cabinets shall be maintained in a sanitary condition,
and all instruments, dyes, pigments, stencils and other paraphernalia shall,
when not being used, be kept in them in an orderly arrangement.
(18)
Work tables shall be kept clean and orderly and shall
have washable interiors.
(19)
No tattooing or body piercing operation shall be carried
out closer than 10 feet from observers or waiting customers unless such operation
is separated from observers or waiting customers by a panel or other barrier
as provided by Section 7H.
(20)
No person, except a duly licensed physician, shall engage
in the practice of removing any tattoo.
Any person who violates any provision of this chapter shall, upon conviction,
be punishable by a fine of not more than $500 nor less than $5 for each violation.
Each day that such violation continues shall be deemed a separate offense.
