Township of West Milford, NJ Chapter 348 Tattoo Parlors and Tattoo Artists

[HISTORY: Adopted by the Township Council of the Township of West Milford 4-24-1995 by Ord. No. 1995-12. Amendments noted where applicable.]

§ 348-1 Definitions.

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

CERTIFICATE OF INSPECTION

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 chapter.

HEALTH OFFICER

The appointed, licensed Health Officer or his authorized representative.

OPERATOR

Any individual, firm, company, corporation or association that owns or operates an establishment where tattooing is performed and any individual who performs or practices the art of tattooing on the person of another.

TATTOO ARTIST

One who engages in tattooing.

TATTOO ESTABLISHMENT

The location wherein tattooing is performed.

TATTOO, TATTOOED or TATTOOING

Refers to any method of placing designs, letters, scrolls, figures, symbols or any marks under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to puncture the skin.

§ 348-2 Licensing requirements.

A. It shall be unlawful for any person to engage in the business of operating an establishment where tattooing is performed without first obtaining a license from the Health Department to engage in such business in accordance with the provisions hereof.

B. An application for an initial license shall be accompanied by a fee in the amount set forth in Chapter 135, Fees and Costs. Any change of ownership shall require a new application and license with payment of fees therefor. All applicants shall submit plans for establishment to the Health Department prior to initiation or construction.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. The renewal license fee for engaging in the business of operating a tattoo establishment within West Milford shall be set forth in Chapter 135, Fees and Costs. All licenses shall expire on the last day of March annually. If renovations of the tattoo establishment occur, plans must be submitted to the Health Department and the applicant will be required to comply with § 348-4A. The late fee for failure to renew the license if not paid by final due date of April 30 annually is set forth in Chapter 135, Fees and Costs.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. All existing establishments will be considered renewal applications, provided that they apply for renewal of said license within one month after the effective date of this chapter. Establishments failing to apply within the specified time period will be considered new applicants and will be subject to the provisions of Subsection B of this section.

E. The provisions of this chapter and all licensing fees shall be due immediately upon enactment of this chapter.

§ 348-3 Minors; records to be kept.

A. Age. It shall be a violation of this chapter for anyone or any tattoo business to tattoo an individual under 18 years of age without authorization signed by the parent or legal guardian and witnessed by the operator. The operator shall be responsible for maintaining the original consent form and copies of all consent information for a period of two years beyond the recipient's 21 birthday. The operator shall obtain a copy of a photo ID of the individual being tattooed.

B. Each person wishing to receive a tattoo must first apply to the operator, on a form approved by the Health Department. 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.

C. All records regarding tattoos are to be maintained for a minimum of two years. Information required for each applicant referred to in Subsection B 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.

§ 348-4 Sanitary requirements.

A. Each tattoo facility shall have a bathroom accessible to the public and staff. Each bathroom shall be equipped with a commode and a sink with the sink being connected to hot and cold running water. Soap and sanitary towels, or other approved hand-drying devices, shall be available at the sink at all times. Common towels are prohibited. In addition to the above, each tattooing cubicle or work station must be provided with a sink connected to hot and cold running water. This area shall also be provided with soap and appropriate hand-drying facilities.

B. The chair or seat reserved for the person receiving the tattoo shall be of a material that is smooth and easily cleanable and constructed of material that is nonabsorbent. Any surfaces on the chair that become exposed to blood or body fluids must be cleaned and sanitized prior to use by the next customer.

C. The work table or counter used by the tattoo artist shall be smooth and easily cleanable and constructed of material that is nonabsorbent. There shall be a covered junction between the table/counter and the wall if the table/counter is to be placed against the wall. This table/counter must be cleaned and sanitized, utilizing a method approved by the Health Department, between customers.

D. The walls in the tattooing area shall be smooth and easily cleanable and constructed of a nonabsorbent material.

E. The floor in the tattooing area shall be of a durable material that is nonabsorbent and is smooth and easily cleanable. Floors shall be kept clean.

F. Lighting within the tattoo area shall be adequate so as to provide a minimum of 100 footcandles in all areas.

G. The work area reserved for the application of the tattoo shall be separated from other areas of the establishment by walls or durable partitions extending at least six foot in height and so designed to discourage any persons other than the customer and the tattoo artist from being in the work area.

H. Any surfaces in the establishment that become exposed to blood or body fluids must be cleaned and sanitized, utilizing a method approved by the Health Department.

I. Products used in cleaning, sanitizing and sterilizing procedures must be clearly marked and stored in an acceptable manner. Smaller working containers filled on-site from larger containers must be clearly marked with the name of the product.

J. Proper waste receptacles shall be provided and waste disposed of at appropriate intervals.

K. All medical waste shall be disposed of according to state standards. All records shall be kept on site and shall be available for inspection. All medical waste records shall be maintained for at least two years after manifest.

§ 348-5 Regulation of tattoo parlors.

A. Tattoo artist.

(1) Hepatitis B pre-exposure vaccination or proof of immunity is required for all tattoo artists. Any accidental needle stick injury shall be reported to the Health Department. If a person cannot obtain the vaccination for medical reasons, he shall submit to the Health Department a letter from his physician certifying that the individual does not have Hepatitis B and the vaccination is contraindicated. This certification shall be annually renewed.

(2) Before working on each patron, each tattoo artist shall scrub and wash his/her hands thoroughly with hot water and antiseptic soap using his/her individual hand brush. Fingernails shall be kept clean and short.

(3) Disposable vinyl or latex gloves shall be worn by the tattoo artists during tattoo preparation and application to prevent contact with blood or body fluids. It is recommended that universal precautions as described by the Centers for Disease Control and Prevention (CDC) be followed. All materials shall be disposed of in accordance with Subsection E of this section after contact with each patron. Hands shall be washed immediately after removal of gloves. Any skin surface that has contact with blood shall be washed immediately.

(4) Immediately after tattooing a patron, the tattooist shall advise the patron on the care of the tattoo and shall instruct the patron to consult a physician at the first sign of infection of the tattoo. Printed instructions regarding these points shall be given to each patron.

(5) 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.

B. Skin preparation.

(1) Tattooing shall be done only on normal healthy skin surfaces that are free of moles or infection.

(2) Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to Subsection E of this section after each use and new blade(s) used for each patron.

(3) Following shaving, the area shall be thoroughly cleansed and scrubbed with tincture of green soap or its equivalent and warm water. Before placing the design on the patron's skin, the area shall be treated with 70% alcohol and allowed to air dry.

(4) Only petroleum jelly (U.S.P. or National Formulary) or antiseptic ointment shall be applied to the tattoo area prior to tattooing. The ointment shall be applied in a sanitary manner, disposing of the utensil after spreading. Collapsible tubes of ointment or jelly may also be used.

C. Tattooing.

(1) Design stencils shall be thoroughly cleansed and rinsed in an approved germicidal solution for at least 20 minutes or disposed of following each use.

(2) Only nontoxic dyes or pigments may be used. Premixed sterile materials are preferred. Premixed dyes shall be used without adulteration of the manufacturer's original formula. It shall be the responsibility of the operator to provide certification to the Health Department of the nontoxicity of the dyes or inks at the time of license application and renewal.

(3) Single service or individual containers of dye or ink shall be used for each patron and the container disposed of immediately after completing work on each patron. Any dye in which the needles are disposed shall not be used on another person.

(4) The completed tattoo shall be washed with sterile gauze and a solution of tincture of green soap or its equivalent, then disinfected with 70% alcohol. The area shall be allowed to air dry and antiseptic ointment applied and spread with sterile gauze and sterile dressing attached.

D. Needles and instruments.

(1) Only single-service sterilized needles and needle bars shall be used for each patron.

(2) If solder is used in manufacturing needles, needle bars or needles tubes, it must be free of lead.

(3) Any needle that penetrates the skin of the tattoo artist shall be immediately disposed of in accordance with Subsection E of this section.

(4) Needle tubes shall be soaked with soapy water, then scrubbed with a clean brush, then rinsed clean. Needle tubes shall be sterilized in accordance with Subsection D(5), stored in sterile bags and maintained in a dry, closed area.

(5) Each item to be sterilized shall be individually wrapped using indicator bags or stripes. Sterilization shall be by steam sterilization. The sterilizer shall be well-maintained with a tight-fitting gasket and a clean interior. The manufacturer's operating instructions and sterilization specifications shall be at hand. The sterilizer shall conform to the manufacturer's specifications with regard to temperature, pressure and time of sterilization cycle. Proper functioning of sterilization cycles shall be verified by the weekly use of biologic indicators (i.e., spore tests). A log book of these weekly test results shall be available, and a test may be required to be done during any inspection.

(6) If the primary source of sterilization malfunctions, the Health Department must be notified within 24 hours. If an emergent situation, the Health Department may approve alternate sterilization techniques.

(7) Needles and bars shall not be bent or broken prior to disposal. Tattoo artists shall take precautions to prevent injuries from contaminated needles or tubes.

E. Disposal of wastes. All used needles, needle bars or other tools used in the tattooing process, as well as gloves, gauze and other materials contaminated with blood or body fluids shall be sterilized in accordance with Subsection D(5) of this section, and then discarded in a disposable rigid container. In lieu of this requirement, contracting with an authorized service for the disposal of infectious waste shall be acceptable.

§ 348-6 Violations and penalties.

A. Any person who shall violate any provision of this chapter or who shall refuse to comply with a lawful order or directive of the Health Officer shall be liable for the penalties as provided by N.J.S.A. 26:1A-10 and all other applicable law and/or injunctive action as provided by law, or both.

[Amended 12-7-2005 by Ord. No. 2005-25; 8-23-2006 by Ord. No. 2006-012[1]]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Reasonable counsel fees incurred by the Health Department in the enforcement of this chapter shall be paid by the defendant. The amount of such reimbursable fees and costs shall be determined by the court hearing the matter.

C. This chapter shall preempt any municipal ordinance inconsistent herewith.