[HISTORY: Adopted by the County Board of Stephenson County 5-29-2001 by Ord. No. 01-05-254 (Ch. 4 1/4 of the 1977 Code). Amendments noted where applicable.]
Zoning — See Ch. 400.
The following terms used in these regulations shall be defined as follows:
- Written instructions given to the client, specific to the body art procedure(s) rendered, on caring for the body art and surrounding area. These instructions will include information on when to seek medical treatment, if necessary.
- An agent that destroys disease-causing microorganisms on human skin or mucosa.
- BODY ART
- The practice of physical body adornment by permitted establishments and operators utilizing, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding and scarification. This definition does not include practices that are considered medical procedures by a state medical board, such as implants under the skin, which shall not be performed in a body art establishment; nor does this definition include, for the purposes of this code, piercing of the outer perimeter or lobe of the ear using presterilized single-use stud-and-clasp ear piercing systems.
- BODY ART ESTABLISHMENT
- Any place or premises, whether public or private, permanent in location, where the practices of body art, whether or not for profit, are performed.
- BODY PIERCING
- Puncturing or penetration of the skin of a person using presterilized single-use needles and the insertion of presterilized jewelry or other adornment thereto in the opening. Puncturing the outer perimeter or lobe of the ear using a presterilized single-use stud-and-clasp ear piercing system shall not be included in this definition.
- CONTAMINATED WASTE
- Any liquid or semiliquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semiliquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; sharps and any wastes containing blood and other potentially infectious materials, as defined in 29 CFR 1910.1030 (latest edition), known as "Occupational Exposure to Bloodborne Pathogens."
- COSMETIC TATTOOING
- See "tattooing."
- The Stephenson County Health Department, or its authorized representative, having jurisdiction to promulgate, monitor, administer and enforce these regulations.
- The destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.
- EAR PIERCING
- The puncturing of the outer perimeter or lobe of the ear using a presterilized single-use stud-and-clasp ear piercing system following manufacturer's instructions. Under no circumstances shall ear piercing studs and clasps be used anywhere on the body other than the outer perimeter and lobe of the ear.
- All machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatuses and appurtenances used in connection with the operation of a body art establishment.
- HAND SINK
- A lavatory equipped with hot and cold running water under pressure, used solely for washing hands, arms or other portions of the body.
- HOT WATER
- Water which attains and maintains a temperature of at least 100° F.
- INSTRUMENTS USED FOR BODY ART
- Hand pieces, needles, needle bars and other instruments that may come in contact with a client's body or possible exposure to bodily fluids during body art procedures.
- Entry into the body either by incision or insertion of an instrument into or through the skin or mucosa, or by any other means intended to puncture, break or compromise the skin or mucosa.
- Any personal ornament inserted into a newly pierced area, which must be made of surgical implant grade stainless steel, solid 14K or 18K white or yellow gold, niobium, titanium or platinum, or a dense low-porosity plastic, and/or which is free of nicks, scratches or irregular surfaces, and which has been properly sterilized prior to use.
- LIQUID CHEMICAL GERMICIDE
- A disinfectant or sanitizer registered with the Environmental Protection Agency or an approximate one to 100 ratio dilution of household chlorine bleach made fresh daily and dispensed from a spray bottle (500 ppm, 1:4 cup/gallon or two tablespoons/quart of tap water).
- Any person who controls, operates, manages, conducts, or practices body art activities at a body art establishment and who is responsible for compliance with these regulations, whether actually performing body art activities or not. The term includes technicians who work under an operator and perform body art activities.
- Written approval by the Department to operate a body art establishment. Approval is given in accordance with these regulations and is separate from any other licensing requirement that may exist within communities or political subdivisions comprising the jurisdiction.
- An individual, any form of business or social organization, or any other nongovernmental legal entity, including, but not limited to, a corporation, partnership, limited-liability company, association, trust or unincorporated organization.
- A person licensed by the State of Illinois to practice medicine in all its branches and may include other areas such as dentistry, osteopathy or acupuncture, depending on the rules and regulations particular to Illinois.
- PROCEDURE SURFACE
- Any surface of an inanimate object that contacts the client's unclothed body during a body art procedure, skin preparation of the area adjacent to and including the body art procedure, or any associated work area which may require sanitizing.
- SANITIZE; SANITIZATION PROCEDURE
- A process of reducing the numbers of microorganisms on cleaned surfaces and equipment to a safe level as judged by a public health standards and which has been approved by the Department.
- Any object (sterile or contaminated) that may purposefully or accidentally cut or penetrate the skin or mucosa, including presterilized, single-use needles, scalpel blades, and razor blades.
- SHARPS CONTAINER
- A puncture-resistant, leakproof container that can be closed for handling, storage, transportation and disposal and is labeled with the international biohazard symbol.
- Products or items that are intended for one-time, one-person use and are disposed of after use on each client, including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze or sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups and protective gloves.
- A very powerful process resulting in the destruction of all forms of microbial life, including highly resistant bacterial spores.
- Any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This includes all forms of cosmetic tattooing.
- UNIVERSAL PRECAUTIONS
- A set of guidelines and controls, published by the Centers for Disease Control (CDC) as "guidelines for prevention of transmission of human immunodeficiency virus (HIV) and hepatitis B virus to health-care and public-safety workers" in Morbidity and Mortality Weekly Report (MMWR), June 23, 1989, Vol. 38, No. S-6, and as recommendations for preventing transmission of HIV and the hepatitis B virus to patients during exposure-prone invasive procedures, in MMWR, July 12, 1991, Vol. 40, No. RR-8. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HBV, and other blood pathogens. Precautions include hand washing, gloving, personal protective equipment, injury prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products.
The following information shall be kept on file on the premises of a body art establishment and available for inspection by the Department:
Full names and exact duties of operator/technician;
Date of birth;
Home and work phone numbers;
Identification photos of all body art operators/technicians;
Hours of operation;
Owner's name and address;
A complete description of all body art procedures performed;
An inventory of all instruments and body jewelry, all sharps, and all inks used for any and all body art procedures, including names of manufacturers and serial or lot numbers, if applicable. Invoices or orders shall satisfy this requirement; and
A copy of these regulations.
It shall be unlawful for any person to perform body art procedures unless such procedures are performed in a body art establishment with a current permit.
The body art operator/technician must be a minimum of 18 years of age.
Smoking, eating, or drinking by anyone is prohibited in the area where body art is performed.
Operators/Technicians shall refuse service to any person who, in the opinion of the operator/technician, is under the influence of alcohol or drugs.
The operator/technician shall maintain a high degree of personal cleanliness, conform to hygienic practices, and wear clean clothes when performing body art procedures. Before performing body art procedures, the operator/technician must thoroughly wash his/her hands in hot running water with liquid soap, then rinse hands and dry with disposable paper towels. This shall be done as often as necessary to remove contaminants.
In performing body art procedures, the operator shall wear disposable medical gloves. Gloves must be changed if they become contaminated by contact with any unclean surfaces, objects or contact with a third person. The gloves shall be discarded at a minimum after the completion of each procedure on an individual client, and hands shall be washed prior to donning the next set of gloves. Under no circumstances shall a single pair of gloves be used on more than one person. The use of disposable medical gloves does not preclude or substitute for hand washing procedures as part of a good personal hygiene program.
If, while performing a body art procedure, the operator's/technician's glove is pierced, torn or otherwise contaminated, the contaminated gloves shall be immediately discarded and the hands washed thoroughly before a fresh pair of gloves is applied. Any item or instrument used for body art which is contaminated during the procedure shall be discarded and replaced immediately with a new disposable item or a new sterilized instrument or item before the procedure resumes.
Contaminated waste, other than sharps, as defined in this code, which may release liquid blood or body fluids when compressed or may release dried blood or body fluids when handled must be placed in an approved "red" bag which is marked with the international biohazard symbol. It must then be disposed of by a waste hauler approved by the Department or, at a minimum, 29 CFR 1910.1030, Occupational Exposure to Bloodborne Pathogens. Sharps ready for disposal shall be disposed of in approved sharps containers. Contaminated waste which does not release liquid blood or body fluids when compressed or does not release dried blood of body fluids when handled may be placed in a covered receptacle and disposed of through normal, approved disposal methods. Storage of contaminated waste on-site shall not exceed the period specified by the Department or more than a maximum of 30 days, as specified in 29 CFR 1910.1030, whichever is less.
No person shall perform any body art procedure upon a person under the age of 18 years without the presence, consent and proper identification of a parent, legal custodian parent or legal guardian. Nothing in this section is intended to require an operator to perform any body art procedure on a person under 18 years of age with parental or guardian consent.
Any skin or mucosa surface to receive a body art procedure shall be free of rash or any visible infection.
The skin of the operator/technician shall be free of rash or infection. No person or operator affected with boils, infected wounds, open sores, abrasions, keloids, weeping dermatological lesions or acute respiratory infection shall work in any area of a body art establishment in any capacity in which there is a likelihood that he/she could contaminate body art equipment, supplies or working surfaces with body substances or pathogenic organisms. Upon request of the Department, proof shall be provided that all operators/technicians have either completed or were offered and declined, in writing, the hepatitis B vaccination series. This offering should be included as a preemployment requirement.
Physicians licensed by the State of Illinois who perform either independent of or in connection with body art procedures as part of patient treatment are exempt from these regulations.
Individuals who pierce only the outer perimeter and lobe of the ear using a presterilized single-use stud-and-clasp ear piercing system are exempt from these regulations. Individuals who use ear piercing systems must conform to the manufacturer's directions on use and applicable United States Food and Drug Administration requirements. The Department retains authority to investigate consumer complaints relating to alleged misuse or improper disinfection of ear piercing systems.
Verbal and written public educational information shall be required to be given to all clients wanting to receive body art procedures. Verbal and written instructions, approved by the Department, for the aftercare of the body art procedure site shall be provided to each client by the operator upon completion of the procedure. The written instructions shall advise the client to consult a physician at the first sign of infection or swelling and shall contain the name, address and phone number of the establishment. These documents shall be signed and dated by the parties, with a copy given to the client and the operator retaining the original with all other required records. In addition, all establishments shall prominently display a disclosure statement, provided by the Department, which advises the public of the risks and possible consequences of body art services. The facility permit holder shall also post in public view the body art establishment permit showing the name, address and phone number of the Department and the procedure for filing a complaint. The disclosure statement and the notice for filing a complaint shall be included in the establishment application packet.
All infections, complications or diseases resulting from the body art procedure which become known to the operator shall be reported to the Department by the operator within 24 hours.
In order for the operator/technician to properly evaluate the client's medical condition for receiving a body art procedure and not violate the client's rights or confidential medical information, the following information shall be given to the operator or technician:
History of hemophilia (bleeding);
History of skin diseases, skin lesions or skin sensitivities to soaps, disinfectants, etc.;
History of allergies or adverse reactions to pigments, dyes or other skin sensitivities;
History of epilepsy, seizures, fainting or narcolepsy; and/or
History of taking medications such as anticoagulants which thin the blood and/or interfere with blood-clotting."
The operator/technician should ask the client to sign a release form confirming that the above information was obtained or attempted to be obtained. The client should be asked to disclose any other information that would aid the operator/technician in the client's body art healing process evaluation.
Each operator shall keep records of all body art procedures administered, including date, time, identification and location of the body art procedure(s) performed, and the operator's name. All client records shall be confidential and be retained for a minimum of three years and made available to the Department upon request.
Nothing in this section shall be construed to require the operator to perform a body art procedure upon a client.
The body art establishment shall keep a record of all persons who have had body art procedures performed. The record shall include the name, date of birth, and address of the client, the date of the procedure, the name of the operator who performed the procedure(s), type and location of procedure performed, dye number and expiration date, signature of client and, if the client is a minor, proof of parental or guardian presence and consent, i.e., signature. Such records shall be retained for a minimum of three years and available to the Department upon request. The Department and the body art establishment shall keep such records confidential.
Before performing a body art procedure, the immediate and surrounding area of the skin where the body art procedure is to be placed shall be washed with soap and water or an approved surgical skin preparation, depending on the type of body art to be performed. If shaving is necessary, single-use disposable razors or safety razors with single-service blades shall be used and discarded after each use and the reusable holder shall be autoclaved after use. Following shaving, the skin and surrounding area will be washed with soap and water. The washing pad shall be discarded after a single-use.
In the event of blood flow, all products used to check the flow of blood or to absorb blood shall be single-use and disposed of immediately after use in appropriate covered containers, unless the disposal products meet the definition of biomedical waste (see definition of "contaminated waste" in § 211-1 above).
All non-single-use, nondisposable instruments used for body art shall be cleaned thoroughly after each use by scrubbing with an appropriate soap or disinfectant solution and hot water or by following the manufacturer's instructions to remove blood and tissue residue, and placed in an ultrasonic unit which will also be operated in accordance with manufacturer's instructions.
After cleaning, all nondisposable instruments used for body art shall be packed individually in peel-packs and subsequently sterilized. All peel-packs shall contain either a sterilizer indicator or internal temperature indicator. Peel-packs must be dated with an expiration date not to exceed six months.
All cleaned, nondisposable instruments used for body art shall be sterilized in a steam autoclave or dry heat sterilizer. The sterilizer shall be used, cleaned, and maintained according to manufacturer's instruction. A copy of the manufacturer's recommended procedures for the operation of the sterilization unit must be available for inspection by the Department. Sterile equipment may not be used if the package has been breached or after the expiration date without first repackaging and resterilizing. Sterilizers shall be located away from work stations or areas frequented by the public. If the body art establishment uses all single-use, disposable instruments and products, and utilizes sterile supplies, an autoclave shall not be required.
Each holder of a permit to operate a body art establishment shall demonstrate that the sterilizer used is capable of attaining sterilization by semiannual spore destruction tests. These tests shall be verified through an independent laboratory. The permit shall not be issued or renewed until documentation of the sterilizer's ability to destroy spores is received by the Department. These test records shall be retained by the operator for a period of three years and made available to the Department upon request. Scalpels, needles and razors shall be single-use only.
All instruments used for tattooing/body piercing shall remain stored in sterile packages until just prior to performing a body art procedure. When assembling instruments used for performing body art procedures, the operator shall wear disposable medical gloves and use medically recognized techniques to ensure that the instruments and gloves are not contaminated.
All inks, dyes, pigments, needles and equipment shall be specifically manufactured for performing body art procedures and shall be used according to manufacturer's instructions. Lot numbers and expiration dates must be kept on file. Dyes shall not be used after the expiration date. The mixing of approved inks, dyes or pigments or their dilution with potable water is acceptable. Immediately before applying a tattoo, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper cups or plastic cups. Upon completion of the tattoo, these single cups or caps and their contents shall be discarded.
Single-use items shall not be used on more than one client for any reason. After use, all single-use needles, razors, and other sharps shall be immediately disposed of in approved sharps containers.
All products applied to the skin, including body art stencils, shall be single-use and disposable. Acetate stencils shall be allowed for reuse if sanitization procedures are performed between uses if approved by the Department. Petroleum jellies, soaps and other products used in the application of stencils shall be dispensed and applied on the area to be tattooed with sterile gauze or in a manner to prevent contamination of the original container and its contents. The gauze shall be used only once and then discarded.
Body art establishments applying after adoption of this code shall submit a floor plan of the proposed establishment for a plan review by the Department, as part of the permit application process.
All walls, floors, ceilings and all procedure surfaces of a body art establishment shall be smooth, free of open holes or cracks, light-colored, washable and in good repair. Walls, floors and ceilings shall be maintained in a clean condition. All procedure surfaces, including client chairs and benches, shall be of such construction as to be easily cleaned and sanitized after each client. All body art establishments shall be completely separated by solid partitions or by walls extending from floor to ceiling from any room used for human habitation, a food establishment or room where food is prepared, a hair salon, retail sales, or other such activity which may cause potential contamination of work surfaces.
Effective measures shall be taken by the body art operator to protect the entrance into the establishments and the breeding or presence of insects, vermin and rodents. Insects, vermin and rodents shall not be present in any part of the establishment, its appurtenances or appertaining premises.
There shall be a minimum of 45 square feet of floor space for each operator in the establishment. Each establishment shall have an area which may be screened from public view for clients requesting privacy. Multiple body art stations shall be separated by dividers, curtains, or partitions, at a minimum.
The establishment shall be well-ventilated and provided with an artificial light source equivalent to at least 20 footcandles three feet off the floor, except that at least 100 footcandles shall be provided at the level where the body art procedure is being performed, and where instruments and sharps are assembled.
No animals of any kind shall be allowed in a body art establishment except service animals used by persons with disabilities (i.e., Seeing Eye dogs). Fish aquariums shall be allowed in waiting rooms and nonprocedural areas.
A separate hand sink with hot and cold running water, under pressure, and supplied with liquid soap and disposable paper towels shall be readily accessible within the body art establishment. One hand sink shall serve no more than three operators. In addition, there shall be a minimum of one lavatory, excluding any service sinks, and one toilet in a body art establishment.
At least one covered waste receptacle shall be provided in each operator area and each toilet room. Receptacles in the operator area shall be emptied daily, and solid waste shall be removed from the premises at least weekly. All refuse containers shall have lids, be cleanable and kept clean.
All instruments and supplies shall be stored in clean, dry and covered containers.
Reusable cloth items shall be mechanically washed with detergent and dried after each use. The cloth items shall be stored in a dry, clean environment until used.
No person, firm, partnership, joint venture, association, business trust, corporation or any organized group of persons may operate a body art establishment unless it has received a body art establishment permit from the Department.
Any person operating a body art establishment shall obtain an annual permit from the Department.
A permit for a body art establishment shall not be transferable from one place or person to another.
A current body art establishment permit shall be posted in a prominent and conspicuous area where it may be readily observed by clients.
The holder of a body art establishment permit must only hire operators who have complied with the operator permit requirements of this code.
No person shall practice body art procedures without first obtaining an operator permit from the Department. The Department shall set a reasonable fee for such permits.
The operator permit shall be valid from the date of issuance and shall automatically expire two years from the date of issuance unless revoked sooner by the Department in accordance with § 211-13.
Application for operator permits shall include:
The applicant shall demonstrate knowledge of any of the following subjects:
Knowledge of the above subjects may also be demonstrated through submission of documentation of attendance/completion of courses or successful completion of an examination approved or given by the Department with a passing grade of 70%, attained prior to issuance of the operator's permit. Examples of courses approved by the Department would include such courses as preventing disease transmission (American Red Cross) and bloodborne pathogen training (US OSHA). Training or courses provided by professional body art organizations/associations or by equipment manufacturers may also be submitted to the Department for approval.
No operator permit shall be issued unless, following reasonable investigation by the Department, the body art operator has demonstrated compliance with the provisions of this section and all other provisions of this code.
All operator permits shall be conditioned upon continued compliance with the provisions of this section and well as all applicable provisions of this code.
All operator permits shall be posted in a prominent and conspicuous area where they may be readily observed by clients.
The following acts are prohibited:
Performing body art on any body part of a person under the age of 18 without the written consent and presence of the parent or legal guardian of such minor. The consent is to be given in person to the body artist or responsible person at the facility by the parent or legal guardian at the time the tattooing or piercing is to commence. Photographic identification of the parent or legal guardian is required.
Performing body art on a person who, in the opinion of the operator, is inebriated or appears to be under the influence of alcohol or drugs.
Owning, operating or soliciting business as a body art establishment or operator without first obtaining all necessary permits and approvals from the Department, unless specifically exempted by this code.
Obtaining or attempting to obtain any body art establishment or operator permit by means of fraud, misrepresentation or concealment.
Body art shall only be in a nonmobile facility that has been approved by the Department.
Establishments operating at the time of the enactment of this code shall be given a prescribed amount of time to make application to the Department and comply with these regulations. Establishments that continue to operate without proper permits from the Department or operate in violation of these regulations will be subject to legal remedial actions and sanctions as provided by law.
A representative of the Department shall properly identify himself/herself before entering a body art establishment to make an inspection. Such an inspection must be conducted as often as necessary throughout the year to ensure compliance with this code.
It is unlawful for any person to interfere with the Department in the performance of its duties.
A copy of the inspection report must be furnished to the permit holder or operator of the body art establishment, with the Department retaining possession of the original.
If, after investigation, the Department should find that the permittee or operator is in violation of this code, the Department may, in the alternative, advise the permittee or operator, in writing, of its findings and instruct the operator to take specific steps to correct such violations within a reasonable period of time, not to exceed 30 days.
If the Department has reasonable cause to suspect that communicable disease has been or may be transmitted by an operator, use of unapproved or malfunctioning equipment, or unsanitary or unsafe conditions which may adversely impact the health of the public, upon written notice to the owner or operator, the Department may do any or all of the following:
Issue an order excluding any or all operators from the permitted body art establishment who are responsible, or reasonably appear responsible, for the transmission of a communicable disease until the Department determines there is no further risk to public health.
Issue an order to immediately suspend the permit of the licensed establishment until the Department determines there is no further risk to the public health. Such an order shall state the cause of the action.
Permits issued under the provision of this code may be suspended temporarily by the Department for failure of the holder to comply with the requirements of this code.
Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this code, the operator must be notified in writing that the permit is, upon service of this notice, immediately suspended. The notice must also contain a statement informing the permit holder or operator that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Department within the time specified by law.
Any person whose permit has been suspended may, at any time, make application for reinstatement of the permit. Within 10 days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing the suspension have been corrected, and the submission of the appropriate reinspection fees, the Department shall reinspect the body art establishment or evaluate documentation provided by an operator. If the applicant is in compliance with the provisions of this code, the permit will be reinstated.
For repeated or serious (any code infraction that threatens the health of the client or operator) violations of any of the requirements of this code or for interference with Department personnel in the performance of their duties, a permit may be permanently revoked after a hearing. Before taking such action, the Department shall notify the permit holder or operator in writing, stating the reasons for which the permit is subject to revocation and advising the permit holder or operator of the requirements for filing a request for a hearing. A permit may be suspended for cause, pending its revocation or a hearing relative thereto.
The Department may permanently revoke a permit after five days following service of the notice unless a request for a hearing is filed with the Department by the permit holder within the five-day period.
The hearings provided for in this section must be conducted by the Department at a time and place designated by the Department. Based upon the record of the hearing, the Department shall make a finding and may sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision must be furnished to the permit holder or operator by the Department.