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Town of Salem, NH
Rockingham County
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Table of Contents
Table of Contents
A. 
This chapter has been enacted pursuant to the authority granted the Town by RSA 31:39, I(m), effective July 1, 1985, which allows the Board of Selectmen to adopt ordinances to regulate tattoo parlors and RSA 147:1 which allows the Health Officer to make regulations relating to the public health as in his/her judgment the health and safety of the people require. These regulations shall take effect when approved by the Board of Selectmen, recorded by the Town Clerk, and published in some newspaper, or when copies thereof have been posted in two or more public places in the Town.
B. 
The purpose of this chapter is to protect the safety, health, and welfare of the general public and not to protect the personal or property interests of individuals. Nothing in this chapter shall be deemed to be the making of a promise or the undertaking of a special duty towards or relationship with any person who gets a tattoo or is body pierced, nor shall the provision of or failure to provide such licenses or to undertake particular inspections or types of inspections be deemed to create a special relationship or duty towards any person upon which any action in negligence or other tort might be founded.
For the purpose of this chapter, the following words and phrases when used herein shall be construed as follows:
BOARD OF HEALTH
As defined in RSA 128:3, whereas the Health Officer shall be the Secretary and Executive Officer of and, with the Board of Selectmen, shall constitute the local Board of Health for the Town.
BODY PIERCING
Technique whereby various body parts are pierced and surgical steel rings or studs are inserted. Body sites may include but may not be limited to ear, nose, cheek, tongue, navel, forehead, nipples and genitals.
BODY PIERCING ARTIST
Any person who actually performs the work of body piercing.
BODY PIERCING ESTABLISHMENT
Any room or space where body piercing is practiced or where the business of body piercing is conducted or any part thereof.
BODY PIERCING OWNER OR OPERATOR
Any person who controls, operates, conducts, or manages any body piercing establishment, whether actually performing the work of body piercing or not.
BRANDING
Technique whereby a heated metal form is placed on the skin for the purpose of inducing permanent scarring in the shape of the design attached to the end of the branding iron handle.
CERTIFICATE OF INSPECTION
Inspection report made by the Health Officer or his/her duly appointed agent prior to issuing a body piercing and/or tattoo establishment license indicating that the establishment complies with the requirements of this chapter.
COMMUNICABLE DISEASE
Any disease caused by an infectious agent which may be transmitted directly or indirectly from one individual to another.
HEALTH CERTIFICATE
A card or letter valid for one year issued to a tattoo artist or person performing body piercing by a medical physician, licensed to practice in New Hampshire or Massachusetts, after satisfactory tests for tuberculosis and after a satisfactory examination for apparent communicable diseases, particularly in respect to arms and hands.
PERMANENT MAKEUP
The tattooing of permanent makeup onto the face of a client, to include but not necessarily be limited to eyebrows, eyeliner, lip liner, lip color, cheek blush, eye shadow and beauty marks.
TATTOO
To mark or color the skin by pricking, scratching, or cutting in coloring matter so as to form indelible marks or figures or by the production of scars.
TATTOO ARTIST
Any person who actually performs the work of tattooing.
TATTOO ESTABLISHMENT
Any room or space where tattooing is practiced or where the business of tattooing is conducted or any part thereof.
TATTOO OWNER OR OPERATOR
Any person who controls, operates, conducts, or manages any tattoo establishment, whether actually performing the work of tattooing or not.
UNIVERSAL PRECAUTIONS
Precautionary guidelines issued by the National Centers for Disease Control (CDC) for use in the prevention of transmission of infectious diseases from contact with potentially infected body fluids. Universal precautions apply to blood and other body fluids containing visible blood. Universal precautions also apply to semen and vaginal secretions, tissues and body fluids such as cerebrospinal fluid and pleural fluid. Universal precautions do not apply to feces, nasal secretions, sputum, tears, urine and vomitus unless they contain visible blood. Requires the use of but not limited to protective clothing, goggles, masks and latex gloves.