City of Lock Haven, PA Chapter 358 Tattoo and Body-Piercing Establishments

[HISTORY: Adopted by the City Council of the City of Lock Haven 6-20-2005 by Ord. No. 741. Amendments noted where applicable.]

GENERAL REFERENCES

Board of Health — See Ch. 30, Art. V.

§ 358-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BODY PIERCING

The process of perforating the skin or mucous membrane for the purpose of insertion of any object including, but not limited to, jewelry for cosmetic purposes. The piercing of ears shall be excluded from the purview of this chapter.

BRANDING

The process whereby heat is applied to the skin or mucous membrane of a person for the intent of the formation of a permanent scar. The use of any heated material as well as chemical applications are included.

DEPARTMENT

The City of Lock Haven Department of Health.

HEALTH OFFICER

The City of Lock Haven Health Officer or representative.

OPERATOR

Any individual, firm, association, company, corporation or group that owns or operates a tattoo and/or body piercing facility and any individual who performs tattooing and/or body piercing upon others.

TATTOO

Any method of placing designs, letters, figures, or any other marks indelibly upon or into the skin or mucous membrane of a human with ink, dye or pigment, resulting in permanent coloration by the aid of needles or other penetrating instrument. This definition shall not apply to the professional duties of licensed medical doctors or doctors of veterinary medicine.

§ 358-2 License.

A. Required. It shall be unlawful for any person to operate a tattoo and/or body piercing facility without first obtaining a license to engage in such business, in accordance with the provisions of this chapter and unless abiding by the provisions of this chapter.

B. Application. Applicants for a license shall submit to the Department a written application containing such information as required by the Lock Haven Department of Health.

C. Fee; expiration. Each applicant shall pay an initial fee of $50 prior to the issuance of a license. Each license shall expire on December 31 and there shall be an annual renewal fee of $50.

D. Display. The license shall be prominently displayed at the facility where tattooing is performed.

E. Transfer of license. If the operator of a tattooing and/or body piercing facility moves to another location within the City of Lock Haven, the license may be transferred from place to place if the new facility meets all of the requirements set forth in Subsection G, as confirmed by an inspection pursuant to Subsection F. A license is not transferable to any other operator.

F. Inspections. The Health Officer may conduct inspections of any tattooing and/or body piercing establishment for the purpose of ascertaining compliance with all applicable health and safety provisions contained within this chapter. It shall be unlawful for any person or operator to deny entrance of the Health Officer to the tattooing and/or body piercing facility after proper identification is presented to the operator.

G. Health, sanitary and safety requirements. Every person who operates a tattooing and/or body piercing facility shall comply with the following:

(1) The room in which tattooing is performed shall have an area of at least 100 square feet. The walls, floors and ceilings shall be of an impervious, smooth, washable surface and shall be painted or finished in a light color. Lighting, sufficient (as defined by the Health Officer) to fully allow for visualization of pigment abnormalities or physical abnormalities of the skin, is required. Carpeting is prohibited in the facility.

(2) A lavatory basin shall be located within any room used for the defined procedures as addressed by this chapter. The lavatory basin shall be supplied with both hot and cold water supplies, soap dispensers, single-use towel dispenser and waste receptacles. The lavatory basin plumbing must be installed according to the plumbing codes of the City of Lock Haven.

(3) All equipment, including tables, shall be constructed of easily cleanable material and shall be painted or finished in a light color with a smooth, washable finish. The equipment shall be separate from the waiting customers or observers by a panel at least four feet high.

(4) The premises and equipment shall be maintained in a clean, sanitary condition and in good repair.

(5) The operator shall scrub his/her hands thoroughly with soap and water before performing any tattoo and/or body piercing. The hands shall be dried with single-use towels. Sterile surgical gloves shall be worn by the operator when tattooing and or body piercing. Gloves shall be used only once and disposed of in a manner dictated by the Department.

(6) Safety razors with a new, single-use blade for each customer, or a straight-edge razor, may be used and shall be sterilized, as required by the Health Officer, before use on each customer.

(7) The area to be tattooed and/or body pierced shall be thoroughly scrubbed with an antiseptic soap for a minimum of two minutes. An approved antiseptic preparation must be used. Waste materials shall be deposited in a covered, easily cleanable waste container, provided in the tattooing area.

(8) Only petroleum jelly in collapsible metal or plastic tubes, as approved by the Health Officer, shall be used on the area to be tattooed and/or body pierced, and it shall be applied with sterile gauze.

(9) The use of styptic pencils, alum blocks or other solid styptics to prevent hemorrhage is prohibited.

(10) Operators of tattoo and/or body piercing facilities shall complete a course, approved by the Lock Haven Department of Health, on the control and prevention of blood-borne diseases prior to obtaining a license.

(11) Single-use containers of dye or ink shall be used for each patron, and the container shall be immediately discarded after use on the patron. Any dye in which the needles were dipped shall be immediately discarded and shall not be used on another person. Excess dye or ink shall be removed from the skin with an individual, sterile sponge or disposable paper tissue, which shall be used only once and immediately discarded. After performing tattooing and/or body piercing on any person, the involved area shall be washed with sterile gauze, saturated with an antiseptic soap solution approved by the Health Officer, or a 70% alcohol solution.

(12) It shall be unlawful to attempt removal of any tattoo by any individual in a tattoo and/or body piercing facility.

(13) No operator shall tattoo any person under the age of 18 years without first obtaining verifiable written parental authorization, which shall remain on file and available for inspection for a period of seven years. Proof of age is required of all patrons.

(14) Animals shall not be permitted in the tattooing and/or body piercing facility, except where permitted by Pennsylvania state law.

(15) All clean and ready-to-use needles and instruments shall be contained in a closed glass or metal case while not in use. Such container shall be maintained in a sanitary manner at all times.

(16) A steam sterilizer (autoclave) shall be utilized for sterilizing reusable needles and instruments before use on any patron. Sterilization of equipment shall be accomplished by exposure to live steam for a duration consistent with the manufacturer's recommendation for the intended use. Such manufacturer's recommendation shall be available for visual inspection by the Health Officer. The autoclave shall be equipped with a thermometer reading +/- 2° of accuracy, and an accurate steam pressure gauge. Heat sensor tape shall be used with each needle or instrument to demonstrate compliance.

(17) The needles and instruments required to be sterilized shall be handled during tattooing and/or body piercing so that they not be contaminated.

(18) Upon discovery of any infection resulting from the act of tattooing and/or body piercing, the operator shall immediately notify the Health Officer.

(19) Only sterile pigments, dyes, colors, etc. may be utilized in the performance of tattooing and/or body piercing.

(20) All bandages and dressings used in connection with tattooing and/or body piercing of a person shall be single use, self-contained, and sterile.

(21) In order to carry out the intent of this chapter, the Lock Haven Board of Health may declare, from time to time, additional rules and regulations pertaining to the requirements of sanitation, cleanliness, adequacy of facilities, equipment and operation of a tattooing and/or body piercing establishment consistent with this chapter.

(22) Ear-piercing guns are expressly forbidden to be used for body piercing other than the piercing of ear lobes.

(23) Needles, sharp instruments, gloves, gauze and other materials contaminated with blood or other bodily fluids shall be discarded as directed by the Health Officer.

(24) Animals shall not be tattooed except by a licensed veterinarian at a location separated from any human tattoo facility. It shall be unlawful for any individual to body pierce an animal.

(25) Branding of humans shall be unlawful except when conducted by a medical doctor licensed in the Commonwealth of Pennsylvania.

§ 358-3 Suspension and revocation of tattoo establishment license.

A. A tattoo and or body piercing establishment license may be suspended or revoked by the Health Department upon the first occurrence of any of the following events:

(1) The application for such license contained inaccuracies;

(2) The operator has violated any provision of this chapter; and/or

(3) The operator is convicted, pleads guilty or nolo contendere to an offense listed under the Pennsylvania Crimes Code relating to the conduct of business in the tattoo facility.

B. In the event of suspension and/or revocation of the tattoo establishment license, the Health Officer shall personally serve the owner/operator or licensee of the tattoo and/or body piercing establishment with written notice, specifying the reasons therefor, before said suspension or revocation shall become effective. Personal delivery of the written notice to the owner/operator shall be sufficient proof of service.

C. The tattoo operator shall have the right to a hearing on said suspension or revocation, which shall be held before the Board of Health within 10 days after the service of said notice, whether or not the suspension or revocation was effective immediately. The Board of Health shall uphold, reverse or modify such suspension or revocation.

§ 358-4 Violations and penalties.

A. Any operator or other person who shall violate any provision of this chapter shall, upon conviction, be subject to a fine of not less than $100 nor more than $600 and costs of the action in addition to the revocation and/or suspension of any license.

B. If an operator is found to be in default of such fine and costs, such person may be sentenced and committed to the Clinton County Prison for a period not exceeding 30 days. Each day that a violation exists shall constitute a separate violation.

§ 358-5 Effective date.

This chapter shall become effective on July 1, 2005.