[Added 11-17-2020 by Ord. No. BOH 02-20]
As used in this article, the following terms shall have the
meanings indicated:
The practice of physical body adornment in permitted establishments
by operators utilizing, but not limited to, the following techniques:
Any place or premises, whether public or private, temporary
or permanent in nature or location, where the practices of body art,
whether or not for profit, are performed, provided it is compliant
with Town of Boonton zoning ordinances.
Any person that performs the act of tattooing, permanent
cosmetics and/or ear and body piercing.
Written approval from the Department of Health of the Town
of Boonton indicating that a tattoo establishment has been inspected
and meets all of the requirements of this article.
The Department of Health of the Town of Boonton or its duly
authorized agent, officer or inspector.
A license issued to the owner of a tattoo studio to operate
a business under the provisions of this article.
Any individual, firm, company, partnership, corporation or
association that owns and/or operates an establishment where body
art is performed.
A registration issued to a tattoo artist under the provisions
of this article.
Any method of placing nontoxic inks or 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 permanent cosmetics.
Any booth, building, room, shop, store, structure, or portion
thereof, where body art procedures are temporarily performed during
a trade show, product demonstration, educational seminar or special
event, for a period of time not more than 14 days.
This article shall govern all businesses that offer tattooing,
permanent cosmetics, and ear and body piercing to the public with
the exception of a physician who is authorized by the State Board
of Medical Examiners to practice medicine, pursuant to N.J.S.A. 45:9-6
et seq. Under the authority of N.J.S.A. 26:1A-9, the provisions of
this article are enforceable by the New Jersey State Department of
Health and the Town of Boonton Health Department.
A code regulating body art establishments and fixing penalties
is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. A copy
of the code is annexed to this article and made part of it without
the inclusion of text. A copy of this code may be found on file in
the Town of Boonton Health Department.
The code established and adopted by this article is described
and commonly known as the "New Jersey State Sanitary Code, Chapter
8, Body Art Procedures, N.J.A.C. 8:27-1 et seq."
A.
No body art establishment shall be permitted to open for operation
until the Health Department has given formal approval by issuance
of an appropriate license. All licenses shall expire on December 31
of each year.
(1)
The license shall be displayed in a conspicuous place on the premises
where it may readily be observed by all clients.
(2)
No person shall operate a body art establishment whose license has
been suspended.
(3)
Proof of professional malpractice liability insurance for each practitioner
shall be provided to the Health Department as part of the initial
and renewal license application.
A.
Any person desiring to engage in body art shall submit an application
to the Department of Health in the form prescribed by said Department.
B.
A fee, as provided in this chapter and Article XIV, shall be required for the initial application. A fee shall be required of each new applicant, said fee shall be $250 for each body art establishment for initial application and annual licensure.
C.
All fees paid pursuant to this article are nonrefundable.
No person, partnership, firm or corporation shall operate a
body art establishment unless such person, partnership, firm or corporation
has registered such shop with the Department of Health and has received
a certificate of inspection from said Department. No certificate of
inspection shall be issued unless the establishment was inspected
by the Department of Health and found to be in compliance with the
requirements of this article. (N.J.A.C. 8:27-1)
A.
Any person desiring to construct, expand, alter or operate a body
art establishment shall apply, in writing, to the Department of Health
for review and approval before such construction, expansion, alteration
or operation is begun. Such application shall include the following
information:
(1)
The applicant's legal name, home address and telephone number,
full business name, business address, post office address and telephone
number. The application shall also include whether the applicant is
an individual, partnership, firm or corporation. If the applicant
is a partnership, the names and addresses of the partners shall be
included on the application. If the applicant is a corporation, the
names and addresses of all corporate officers shall be included on
the application;
(2)
Applications must be accompanied by a nonrefundable license fee and
an additional nonrefundable fee for each artist performing procedures
at the establishment specified on the application, as set forth in
this chapter.
(a)
An application for a license renewal shall be accompanied by
a fee, as set forth by the Town of Boonton. Any change of ownership
shall require a new application and license with payment of fees therefor.
(b)
All licenses shall expire on the 31st day of December annually.
In the event that renovations and/or alterations are made to the body
art establishment, plans must be submitted to the Department of Health
and the applicant will be required to comply with building and construction
codes.
(3)
A statement of approval from the municipal agency responsible for
the administration of planning and zoning ordinances for the proposed
construction or expansion of the body art establishment;
(4)
A complete description of all services to be provided, the proposed
hours of operation, the name of the operator and the names of all
practitioners and their exact duties, a copy of the informed consent
for each procedure;
(5)
The names and addresses of all manufacturers of processing equipment,
instruments, jewelry and inks used for any and all body art procedures;
(6)
A certificate of current professional malpractice liability insurance;
(7)
All construction, expansion or alteration to the building, structures,
and facilities used by the public shall comply with the Barrier Free
Subcode, N.J.A.C. 5:23-7.1 et seq.; and
(8)
All construction expansion or alteration, to the building, structures,
and facilities shall be done in accordance with the requirements of
the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1.
B.
Plans and specifications must accompany the application and shall
illustrate the location of the proposed establishment and a floor
plan of the establishment as it is proposed to be operated. An exact
inventory of all processing equipment as it is to be used. Plans shall
indicate the layout of the reception area, the procedure areas, the
cleaning and sterilization area, the storage area and the toilet facilities,
in accordance with the requirements set forth in N.J.A.C. 8:27-1.1
et seq.;
(1)
All construction, expansion or alteration to the building, structures
and facilities used by the public shall comply with the Barrier Free
Subcode, N.J.A.C. 5:23-7.1 et seq.; and
(2)
All construction expansion or alteration, to the building, structures,
and facilities shall be done in accordance with the requirements of
the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1.
In addition to any other penalty that may be imposed by § 303-98, after due notice and hearing before the Health Officer of the Town of Boonton or his/her designee, the Department may suspend or revoke any body art practitioner registration, any license to operate a body art establishment issued pursuant to this article for violations of the provisions of the section.
In order to qualify for a certificate of inspection there must
be compliance with the following requirements:
A.
The 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 is in operation.
D.
Adequate light and ventilation shall be provided.
E.
At least one hand-sink with hot and cold running water under pressure,
and equipped with wrist-, foot-, or sensor-operated controls and supplied
with liquid soap, disposable paper towels and refuse containers shall
be readily accessible and provided for every two work stations within
the body art establishment.
F.
Adequate toilet, urinal and handwashing facilities shall be available
on the establishment premises for the use of customers and body art
practitioners. Toilets, urinals and hand washing facilities shall
be maintained in a sanitary condition at all times.
G.
Furniture in the procedure rooms shall be of nonporous materials
and cleaned and sanitized after each use. The surface of all work
tables shall be constructed of metal or other material which is smooth,
light-colored, nonabsorbent, corrosive-resistant and easily cleanable
and cleaned and sanitized after each use.
H.
The body art establishment shall have a waiting area that is physically
separated from workstations.
I.
Proper closed cabinets for the exclusive storage of instruments,
dyes, pigments, carbon stencils and other paraphernalia used in the
studio shall be provided for each body art practitioner. Sharps containers
shall be made available at each location.
J.
The body art establishment shall have proper facilities for the disposition
of waste materials. Written plans are to be submitted to the Department
of Health for proper disposal.
K.
No smoking shall be permitted in any body art establishment.
L.
The holder of any license to operate shall not allow a body art practitioner
to perform in his/her body art establishment unless the body art practitioner
is the holder of a valid registration as defined in this article.
M.
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 had the body art performed, his/her name and his/her
signature, address and age, the design of the body art and its location
on his/her body, and the name of the body art practitioner who performed
the service. 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 Department of Health or
any law enforcement officer and shall be preserved for at least three
years from the date of the last entry therein.
N.
Only body art shall be permitted in the body art establishment.
O.
Only single-use, disposable equipment that comes into contact with
clients' skin and bodily fluids shall be used. Single-use items
shall not be used on more than one client for any reason. This includes,
but is not limited to, tubes, needles, cartridges, grips, clamps and
markers.
P.
Aluminum foil or plastic covers shall be used to protect items and
surfaces that may become contaminated by blood or saliva during use
and that are difficult or impossible to clean and disinfect. These
coverings shall be removed, discarded, and replaced with clean material
between clients.
Q.
It shall be a violation of this article for anyone or any tattoo
business to perform body art on an individual under 18 years of age
without the presence, written consent, and proper identification of
a parent or legal guardian. The operator shall be responsible for
maintaining a copy of the birth certificate, original consent form
and copies of all consent information for a period of three years.
The operator shall obtain a copy of government-issued photographic
identification of all the individuals being tattooed, and all records
shall be available for inspection upon request.
R.
Each person wishing to receive a tattoo must first apply to the operator
on a form approved by the Department of Health. If the applicant is
suspected to be under the influence of alcohol, drugs or any other
behavioral modifying substance, the operator must refuse the applicant.
S.
All records regarding tattoos are to be maintained for a minimum of three years. Information required for each applicant referred to in Subsection R is to include the name, age, date of birth, address and telephone number of the applicant as well as the design and location of the tattoo.
T.
All infections resulting from the practice of tattooing which become
known to the operator shall be promptly reported to the Health Officer
by the person owning or operating the tattoo establishment or by the
tattoo artist.
A.
The body art practitioner will use standards of aseptic technique
in tattooing, dressing and other operations that are approved by the
Department of Health. He/she will use only such germicides and dressings
as are approved by said Department. All instruments, needles, stencils,
dyes, pigments, dressing materials, razors, and other equipment used
by the body art practitioner while tattooing shall be sterile.
B.
The following minimum standards shall be observed at all times.
(1)
No person, except a duly licensed physician, shall practice body
art in any place other than a body art establishment for which a certificate
of inspection has been issued.
(2)
It shall be unlawful to perform any body art procedure on an individual
who is under the influence of intoxicating liquor or drugs.
(3)
It shall be unlawful to perform any body art procedure 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 copy certified
birth certificate. Such written consent and birth certificate shall
be kept on file as provided in this article.
(4)
No person with any disease in a communicable form or suspected of
having such disease shall engage in body art. 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, HIV/AIDS, infection
on hands or arms, sore throat or jaundice of the skin or sclera. The
Department 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.
(5)
Immediately after performing body art on a patron, the body art practitioner
shall advise that patron, in writing, on the care of the procedure
and shall instruct the patron to consult a physician at the first
sign of infection of the body art.
(6)
Each body art practitioner must maintain a high standard of personal
cleanliness and must wear a clean outer garment.
(7)
Before working on each patron, each body art practitioner shall thoroughly
wash and scrub his/her hands with hot running water, and approved
soap. When working on a patron each body art practitioner shall wear
disposable nonlatex gloves.
(8)
That portion of the patron's skin to be tattooed 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.
(9)
The stencils for transferring the design to the skin shall be disposable
paper stencils. No plastic or reusable stencils shall be used.
(10)
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. All dyes or pigments used in tattooing shall be approved
by the Department of Health.
(11)
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.
(12)
Work tables shall be kept clean and orderly and shall have washable
interiors.
(13)
All rooms used for body art procedures shall be completely separated
from any room used for human habitation, food service or other such
activity which may cause potential contamination of work surfaces.
(14)
No person, except a duly licensed physician, shall engage in
the practice of removing any tattoo.
A.
The Department of Health shall inspect every body art establishment
as often as the Department deems necessary using an inspection report
form.
(1)
A representative of the Department of Health shall provide proper
identification.
(2)
During all hours of operation, the operator shall permit access to
all parts of the establishment and all pertinent records required
for the inspection shall be made available to the Department of Health
representative for review.
(3)
Results of the inspection shall be made available to the public upon
request.
(4)
Should an establishment be found in violation of N.J.A.C. 8:27-1.1
et seq. or other provisions of this article and the Department of
Health determines that a reinspection is necessary, reinspection fee
shall be required to be paid by the operator for every reinspection
performed until the violation(s) have been corrected within the time
prescribed by the Department. The fee shall be paid within 10 days
of the notification of the said reinspection requirement.
Unless another penalty is specifically provided elsewhere in
the Code or in law of the state or federal government, any person
who violates any provision of this article, any other chapter of this
Code or any other ordinance of the Town of Boonton shall, upon conviction,
be punishable by a fine of no less than $250 nor more than $1,000
for each violation. Each day that such violation continues shall be
deemed a separate offense.
A.
Reasonable counsel fees incurred by the Department of Health in the
enforcement of this article shall be paid by the defendant. The amount
of such reimbursable fees and costs shall be determined by the court
hearing the matter.
Temporary body art establishments shall be prohibited.
