Borough of Ridley Park, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Ridley Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-21-2003 by Ord. No. 1129]
For purposes of this article, the following words shall have the following meanings:
HEALTH OFFICER
If the Borough does not have a duly employed Health Officer, then the Borough Manager shall be deemed to be the Health Officer.
OPERATOR
Any individual firm, company, corporation or association that owns or operates an establishment where tattooing is preformed and any individual who performs or practices the art of tattooing on the person of another.
TATTOO or TATTOOING
Any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin, whether permanent or not, by aid of needles or any other instruments designed to touch or puncture the skin, including, but not limited to, the application of permanent makeup.
TATTOOING LICENSE
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 article relating to physical facilities, equipment and layout of operation of such establishment.
A. 
Application procedure. It shall be unlawful for any person to engage in the business of operating a tattoo establishment without first obtaining a tattoo license to engage in such business in accordance with the provisions hereof. Applications for a tattooing license shall be provided by the Health Officer. Upon receiving a completed application for a tattooing license, the Health Officer shall conduct an inspection of the premises and shall issue a tattooing license only upon the operator's full compliance with the provisions of this article. The tattooing license shall be valid for one year, and an inspection of the premises shall be required for each renewal term.
B. 
Application fee. A fee as set from time to time by resolution of the Borough Council; shall be required of each applicant for a tattooing license.
C. 
Contents of the application. Applications for tattooing licenses shall include, at a minimum, the following:
(1) 
The name, address and telephone number of the owner of the establishment;
(2) 
The name, address and telephone number of the establishment, if it is different from that of the owner;
(3) 
The hours of operation of the establishment;
(4) 
The number of booths, stalls or tables devoted to tattooing; and
(5) 
Any other permitted commercial activities that will occur on the premises.
Each person who operates a tattooing establishment shall comply with the following requirements:
A. 
The room in which tattooing is done shall have an area of not less than 100 square feet. The walls, floors and ceilings shall have an impervious, smooth and washable surface. Walls and ceilings are to be painted a light color. 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 is in operation.
B. 
The establishment shall be maintained in a sanitary condition at all times. Adequate light and ventilation must be provided.
C. 
Each tattooing establishment shall contain a sink for the exclusive use of the tattoo artist to wash their hands and prepare the customers for tattooing. The sink shall be provided with adequate hot and cold running water. There shall also be available at the sink clean individual towels and refuse containers.
D. 
Adequate toilet and hand-washing facilities shall be available on the establishment premises for the use of customers and tattooing artists. Toilets, urinals and hand-washing facilities shall be maintained in a sanitary condition at all times.
E. 
An adequate number of work tables shall be provided for each tattoo artist. 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.
F. 
The shop 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 high. The panel may be constructed of glass, solid plastic or similar material.
G. 
Proper closed cabinets for the exclusive storage of instruments, dyes, pigments, carbon stencils and other paraphernalia used in the shop shall be provided for each tattoo artist.
H. 
The tattoo shop shall have proper facilities for the disposition of waste materials.
I. 
Each tattoo artist shall be provided with individual hand brushes and fingernail files.
J. 
No commercial activity other than tattooing (and body piercing, if properly licensed) shall be permitted in the tattoo shop.
The following minimum standards shall be observed at all times:
A. 
The tattoo artist will use standards of aseptic technique in tattooing, dressing and other operations. All instruments, needles, stencils, dyes, pigments, dressing materials, razors, hand brushes, fingernail files and other equipment used by the tattoo artist while tattooing shall be sterile.
B. 
Each tattoo artist shall have an individual fingernail file and individual hand brush which shall be cleaned 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.
C. 
Before working on each patron, each tattoo artist shall clean his/her fingernails with his/her individual fingernail file and shall thoroughly wash and scrub his/her hands with hot running water, soap and his/her individual hand brush. Hands shall be dried with individual single towels. The operator shall wear a clean, new pair of gloves, designed for the use in surgery, for each customer.
D. 
There shall be no smoking, eating or drinking in the room during the tattooing process.
E. 
That portion of the patron's skin to be tattooed shall be prepared by washing with hot water and 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 soap applied with a clean disposable cotton or gauze. A sterile hand brush shall be used, if necessary, to produce a clean skin area.
F. 
No tattooing shall be done on any skin that has a rash, pimples, boils, infections or manifests any evidence of unhealthy conditions.
G. 
Following the cleansing of the patron's skin, the tattoo artist shall again wash and scrub his/her hands in the manner prescribed above. He/she shall allow his/her hands to dry with the use of sanitary or mechanical means. Before placing the design on the patron's skin, the tattoo artist shall treat the skin area with 70% alcohol or other approved germicidal solution which shall be applied with sterile cotton or sterile gauze.
H. 
Only petroleum jelly, United States Pharmacopoeia or National Formulary, shall be applied to the area to be tattooed, and it shall be in a collapsible metal or plastic tube. The application may be spread by the use of sterile gauze but not directly with the fingers. The stencil for transferring the design to the skin shall be thoroughly cleansed and rinsed in an approved germicidal solution for at least 20 minutes, and shall be dried with sterile gauze or in the air before each use.
I. 
In preparing nontoxic dyes or pigments, only nontoxic or sterile materials shall be used. Single-service or individual portions 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. The individual container must be re-sterilized or discarded.
J. 
A set of individual single-service sterilized needles shall be used for each new patron. Following sterilization, needles shall be shaken dry, and if not immediately used, stored in petroleum jelly, United States Pharmacopoeia or National Formulary, and placed in a sterile, dust-tight container. The open end of the needle tube of the tattooing machine shall be cleaned and sterilized in an approved manner before each use. No fewer than 24 sets of sterilized needles and tubes or tips must be on hand for the entire day or night operation.
(1) 
Sterilization shall be done by one of the following methods:
(a) 
By holding in an approved autoclave for 15 minutes at 15 pounds of pressure;
(b) 
By boiling for 15 minutes; or
(c) 
By immersing in an approved germicidal solution for an approved period of time.
(2) 
No rusty, dull or faulty needle shall be used for tattooing.
K. 
As the tattooing operation progresses, any excess dye or pigment applied to the skin shall be removed with sterile gauze or sterile cotton.
L. 
The completed tattoo shall have the excess dye or pigment removed with sterile gauze. It shall then be washed with a piece of sterile gauze or sterile cotton saturated with approved germicidal solution. It shall be allowed to dry. After drying, petroleum jelly, United States Pharmacopoeia or National Formulary, shall be applied from a collapsible metal or plastic tube 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.
M. 
Storage cabinets shall be maintained in a sanitary condition and all instruments, dyes, pigments, stencils and other paraphernalia shall be kept in an orderly arrangement when not being used.
N. 
Work tables shall be kept clean and orderly.
O. 
No person except a duly licensed physician shall engage in the practice of removing any tattoo.
P. 
Permanent records for each patron or customer shall be maintained by the operator of the establishment. Before the tattooing operation shall begin, the patron or customer shall be required to personally enter on a record form provided for such establishments, the date, his/her name, address, age and his/her signature. Prior to tattooing, each patron or customer shall be required to provide two forms of identification, one of which shall contain both a picture and date of birth of the patron/customer. Such records shall be maintained in the tattoo establishment and shall be available for examination by the Health Officer. Records shall be retained by the operator for a period of not less than two years. In the event of a change of ownership or closing of the business, all such records shall be made available to the Health Officer.
The Health Officer may conduct periodic inspections of any tattooing establishment for the purpose of determining whether or not said establishment and the persons performing tattooing therein are in compliance with all applicable health provisions contained within this article and other pertinent ordinances. It shall be unlawful for any person or operator of a tattooing establishment to willfully prevent or restrain the Health Officer from entering a certified establishment where tattooing is being performed for the purpose of inspecting said premises, after proper identification is presented to the operator.
A. 
It shall be unlawful for any operator or tattoo artist to engage in any of the following:
(1) 
No person, except a duly licensed physician, shall practice tattooing in any place other than a tattooing shop for which a certificate of sanitation has been issued.
(2) 
It shall be unlawful to perform any tattooing on any individual who is under the influence of drugs or alcohol or who appears to be under the influence of drugs or alcohol.
(3) 
It shall be unlawful to perform any tattooing on an individual under the age of 18 years of age without the presence of a parent or legal guardian. Said parent or legal guardian shall sign a permission form. These forms shall be generated by the establishment and approved by the Health Officer. Such written consent shall be kept on file for a period of two years.
(4) 
It shall be unlawful to perform any form of branding.
(5) 
It shall be unlawful to perform any form of tongue splitting.
(6) 
No person with any disease in a communicable form or suspected of having such disease shall engage in tattooing. Such diseases may include, but shall not be limited to, influenza, tuberculosis, HIV, scabies, impetigo, syphilis, chicken pox, measles (rubella), German measles (rubella), mumps, whooping cough, hepatitis, infection of hands or arms, jaundice of the skin or sclera. The Health Officer 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.
(7) 
A medical history shall be taken of every customer/patron. It shall be unlawful to tattoo any person revealing a recent history of influenza, tuberculosis, HIV, scabies, impetigo, syphilis, chicken pox, measles (rubella), German measles (rubella), mumps, whooping cough, hepatitis, infection of hands or arms, jaundice of the skin or sclera.
(8) 
Animals and insects.
(a) 
Domestic or wild animals shall not be present in any part of the establishment at any time. The term "domestic or wild animals" includes, but is not limited to, dogs, cats, birds, reptiles.
(b) 
Insects and rodents shall not be present in any part of the establishment at any time.
B. 
The operator shall take effective measures against insects' and rodents' entrance into, breeding on, or presence in the premises. Evidence of insect or rodent infestation shall be cause for immediate closure of the establishment by the Health Officer.
A. 
Failure to secure a permit or license when required, or operating after suspension or revocation of a permit or license by the municipality, shall constitute a violation of this article. When written notice of a violation of any of the provisions of this article has been served upon any person, such violation shall be discontinued immediately.
B. 
Any person, firm or corporation who violates any provisions of this article shall, upon conviction thereof, be liable to a fine or penalty not exceeding $1,000, plus costs of prosecution, for each offense. In default of payment of such fine and costs, said violator shall be imprisoned for not more than 30 days. Whenever such person shall have been officially notified by the Director of Health and/or Health Officer, or by the service of summons in a prosecution or in any other official manner that he is committing a violation of the terms of this article, each day that he/she shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now collected by law.
C. 
Any tattooing establishment licensed to operate in the municipality and found to be in noncompliance with any requirement of this article may have its license suspended by the Health Officer or his/her duly appointed agent at the time of inspection.
D. 
A first offense suspension shall be for a period of 48 hours or until such time as the issues of noncompliance are brought into compliance, whichever is longer. A reinspection fee as set from time to time by resolution of the Borough Council shall be charged in the event of noncompliance.
E. 
Any licensed establishment found to be in noncompliance with this article for a second offense shall, in addition to the penalties listed in Subsection B hereof, be subject to a suspension of the license for 48 hours, or until such time as the issues of noncompliance are brought into compliance, whichever is longer. A reinspection fee as set from time to time by resolution of the Borough Council shall be charged in the event of noncompliance.
F. 
An aggrieved party may appeal the decision of the Health Officer to suspend a license within 10 days of the suspension, by filing a written request for appeal to the Borough Council with a request for a public hearing.
[Adopted 10-21-2003 by Ord. No. 1130]
For purposes of this article, the following words shall have the following meanings:
BODY PIERCING
The technique whereby various body parts are pierced for the express intention of the insertion of any object, including but not limited to jewelry.
BODY PIERCING LICENSE
Written approval from the Health Officer, or his authorized representative, that said body piercing establishment has been inspected and meets all of the terms of this article relating to physical facilities, equipment and layout of operation of such establishment/business.
EMPLOYEE
Any person who renders any service in connection with the operation of a body piercing establishment and receives any form of compensation and/or benefit from the operator of the business or its patrons.
HEALTH OFFICER
If the Borough does not have a duly employed Health Officer, then the Borough Manager shall be deemed to be the Health Officer.
OPERATOR
Any individual firm, company, corporation or association that owns or operates an establishment where body piercing is performed.
PATRON
Any person receiving a piercing on or to his/her body at a body piercing establishment.
PHYSICIAN
Any person authorized to practice medicine pursuant to the laws of the State of Pennsylvania.
It shall be unlawful for any person to engage in the business of operating a body piercing establishment without first obtaining a body piercing license to engage in such business in accordance with the provisions hereof.
A. 
Application procedure. Applications for a body piercing license shall be provided by the Health Officer. Upon receiving a completed application for a body piercing license, the Health Officer shall conduct an inspection of the premises and shall issue a body piercing license only upon the operator's full compliance with the provisions of this article. The body piercing license shall be valid for one year, and an inspection of the premises shall be required for each renewal term. Body piercing is permitted at the same location as tattooing, provided that a separate license for each activity has been obtained from the municipality.
B. 
Application fee. A fee as set from time to time by resolution of the Borough Council shall be required of each applicant for a body piercing license.
C. 
Contents of the application. Applications for body piercing licenses shall include, at a minimum, the following:
(1) 
The name, address and telephone number of the owner of the establishment;
(2) 
The name, address and telephone number of the establishment, if it is different from that of the owner;
(3) 
The hours of operation of the establishment;
(4) 
The number of booths, stalls or tables devoted to body piercing; and
(5) 
Any other commercial activities that will occur on the premises.
A. 
The regulations contained in this article shall not apply to physicians licensed to practice medicine in the Commonwealth of Pennsylvania and those they directly supervise as part of their practice.
B. 
The regulations in this article shall not apply to those novelty or jewelry stores in the business of ear piercing with the use of a piercing gun. These establishments shall use proper procedures and sanitization practices as required by all federal and state laws applicable to the practice of piercing. These establishments shall be prohibited from performing body piercing on parts of the body other than ears without satisfying all of the requirements of this article.
A. 
When it is necessary to shave the area to be pierced, a new disposable safety razor for each patron shall be used. The common use of shaving mugs and shaving brushes is prohibited.
B. 
After shaving the area to be pierced, or if the area does not need to be shaved, the site of the piercing shall be washed with soap and water, rinsed with clean water and germicidal solution applied in a sanitary manner. Only sterile individual towels and applicators shall be used to prepare and cleanse the site of the piercing.
C. 
Only instruments and equipment that have been properly cleaned and sterilized prior to use shall be used during the piercing process.
D. 
The person doing the piercing shall wear clean clothes or a lab coat. Surgical gloves shall be worn during the piercing and shall be changed for each patron.
E. 
There shall be no smoking, eating or drinking in the operating room during the piercing process.
A. 
Written instructions approved by the Health Officer shall be given to each patron on the care of the piercing site to prevent infection after the piercing. A copy of these instructions shall also be posted in a conspicuous place in the piercing establishment, clearly visible to all persons being pierced.
B. 
All infections resulting from the practice of body piercing which become known to the operator and/or employee of a body piercing establishment shall be reported to the Health Officer by the operator immediately.
A. 
No person, except a duly licensed physician, shall practice body piercing in any place other than in a body piercing establishment for which a license under this article has been issued, except as exempted else where in this article.
B. 
It shall be unlawful to perform any body piercing on any individual who is under the influence of drugs or alcohol, or appears to be under the influence of drugs or alcohol.
C. 
No body piercing except ears shall be done on any person under the age of 18 without the presence and consent of a parent or legal guardian. Said parent or legal guardian shall sign a permission form. These written consent forms shall be kept on file at the establishment for a period of two years from the date of the piercing.
D. 
No body piercing shall be done by any person under the age of 18.
E. 
No person with any disease in a communicable form or suspected of having such disease shall engage in body piercing. Such diseases may include, but shall not be limited to, influenza, tuberculosis, HIV, scabies, impetigo, syphilis, chicken pox, measles (rubella), German measles (rubella), mumps, whooping cough, hepatitis, infection of hands or arms, jaundice of the skin or sclera. The Health Officer 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.
F. 
A medical history shall be taken of every customer/patron. It shall be unlawful to body pierce any person revealing a recent history of influenza, tuberculosis, HIV, scabies, impetigo, syphilis, chicken pox, measles (rubella), German measles (rubella), mumps, whooping cough, hepatitis, infection of hands or arms, jaundice of the skin or sclera.
G. 
It shall be unlawful to perform any form of branding.
H. 
It shall be unlawful to perform any form of tongue splitting.
I. 
Animals and insects.
(1) 
Domestic or wild animals shall not be present in any part of the establishment at any time. The term "domestic or wild animals" includes, but is not limited to, dogs, cats, birds, reptiles.
(2) 
Insects and rodents shall not be present in any part of the establishment at any time. The operator shall take effective measures against insects' and rodents' entrance into, breeding on, or presence in the premises. Evidence of insect or rodent infestation shall be cause for immediate closure of the establishment by the Health Officer.
The Health Officer may conduct periodic inspections of any body piercing establishment for the purpose of determining whether or not said establishment and the persons performing tattooing therein are in compliance with all applicable health provisions contained within this article and other pertinent ordinances. It shall be unlawful for any person or operator of a body piercing establishment to willfully prevent or restrain the Health Officer from entering a certified establishment where body piercing is being performed for the purpose of inspecting said premises, after proper identification is presented to the operator.
A. 
Failure to secure a permit or license when required, or operating after suspension or revocation of a permit or license by the municipality, shall constitute a violation of this article. When written notice of a violation of any of the provisions of this article has been served upon any person, such violation shall be discontinued immediately.
B. 
Any person, firm or corporation who violates any provisions of this article shall, upon conviction thereof, be liable to a fine or penalty not exceeding $1,000, plus costs of prosecution, for each offense. In default of payment of such fine and costs, said violator shall be imprisoned for not more than 30 days. Whenever such person shall have been officially notified by the Director of Health and/or Health Officer, or by the service of summons in a prosecution or in any other official manner that he is committing a violation of the terms of this article, each day that he/she shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now collected by law.
C. 
Any body piercing establishment licensed to operate in the municipality and found to be in noncompliance with any requirement of this article may have its license suspended by the Health Officer or his/her duly appointed agent at the time of inspection.
D. 
A first offense suspension shall be for a period of 48 hours or until such time as the issues of noncompliance are brought into compliance, whichever is longer. A reinspection fee as set from time to time by resolution of the Borough Council shall be charged in the event of noncompliance.
E. 
Any licensed establishment found to be in noncompliance with this article for a second offense shall, in addition to the penalties listed in Subsection B hereof, be subject to a suspension of the license for 48 hours, or until such time as the issues of noncompliance are brought into compliance, whichever is longer. A reinspection fee as set from time to time by resolution of the Borough Council shall be charged in the event of noncompliance.
F. 
An aggrieved party may appeal the decision of the Health Officer to suspend a license within 10 days of the suspension, by filing a written request for appeal to the Borough Council with a request for a public hearing.