Borough of Glassboro, NJ Tattoos and Tattoo Establishments

No person or business entity shall operate any tattoo parlor or establishment or utilize any premises located in the Borough of Glassboro for same except where said person or business entity has complied with the provisions of this article.

Only persons or business entities which have been issued from the Board a certificate of sanitation and the appropriate number of tattooer licenses shall be permitted to operate a tattoo parlor or establishment in the Borough of Glassboro.

Certificate of sanitation. All persons or business entities which own and/or operate a tattoo parlor or establishment in the Borough of Glassboro must make application for same before the Board. Upon review of same, it shall be in the Board's sole discretion to determine whether or not to issue a certificate of sanitation. If it is the Board's determination that the person or business entity applying for same has met the necessary criteria, the Board shall issue a certificate of sanitation. Said certificate of sanitation shall be necessary for the operation of a tattoo parlor or establishment. Said tattoo parlor or establishment shall not operate without a current and valid certificate of sanitation.

License to engage as tattooer. No person shall render or perform services as a tattooer or engage in the business of tattooing or be employed as a tattooer unless said person shall first make application and receive a tattooers license issued by the Board. Upon review of same, it shall be the Board's sole discretion to determine whether or not to issue said tattooers license. Said person or persons shall not engage in tattooing unless in possession of a current and valid tattooers license.

Employee health, communicable and blood-borne diseases. Facility owner(s) shall be responsible for adhering to the following standards:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The skin of the practitioner shall be free of rash or infection.

No person affected with boils, infected wounds, open sores, abrasions, and/or weeping dermatological lesions shall work in a body art establishment until written documentation is obtained from a physician, provided to the operator, and kept on file, indicating the condition is no longer transmissible or communicable.

A practitioner or employee is prohibited from providing body art services or working in a facility while having an acute respiratory infection or other disease or condition which has been diagnosed by a physician to be in a communicable or transmissible form.

(4)

A practitioner or employee shall not diagnose or treat any suspected communicable or transmissible disease or condition.

(5)

A practitioner or employee providing services or working in a facility while diagnosed with or suspected of having acquired immunodeficiency virus and related immunodeficiency conditions or the hepatitis B or hepatitis C virus shall observe and follow the standards for public service workers regarding personal protective equipment and disposal of blood or bodily fluid contaminated articles, tools and equipment as set forth in the Occupational Safety and Health Administration (OSHA) Rule, 29 CFR 1910.1030, incorporated herein by reference, and as amended and supplemented. This includes practitioners or employees providing services to clients who have been diagnosed with or are suspected of having human immunodeficiency virus, related conditions or the hepatitis B or hepatitis C virus.

(6)

Hepatitis B vaccination series and universal precautions policies shall be established for employees in accordance with the OSHA Rule, 29 CFR 1910.1030, Occupational Exposure to Bloodborne Pathogens.

Display certification of sanitation/tattooers licenses. Said tattoo parlor or establishment shall display a valid certificate of sanitation and valid tattooer licenses of all tattooers in its employment in a place and location clearly visible to all persons who may enter its premises. Said certificate of sanitation and tattooers licenses shall remain visible at all times.

§ 490-48 Application information.

Each and every applicant seeking a certificate of sanitation or tattooers license shall set forth the following information, in writing, on an application form provided by the Board:

Name and address of the applicant and all former addresses for a period of three years prior to the making of the application.

The address the parlor or establishment to be used in the tattooing business and a physical description of the property and facilities if the applicant desires a certificate of sanitation.

All applicants shall submit a statement of all prior employment during the last three years. Additionally, all applicants shall submit a certified copy of a medical examination and its findings, having been conducted within two weeks from the receipt of said application. Said medical examination will include, but not be limited to, the following tests:

Physical examination.

Blood test; complete hepatitis testing, AIDS testing, syphilis testing and other infectious or contagious diseases as may be required by the Board as further specified below.

Complete chest X-ray.

Records of all such medical examinations and/or diagnostic tests and findings shall be kept on file by the holder of the certificate of sanitation (i.e., tattoo parlor or establishment). A copy of same shall be attached to said application to be forwarded to the Board and kept on file.

A certified statement as to whether or not the applicant, or any officer or director thereof if a corporation, has ever been convicted of a crime in this or any other state shall be required. If so, said applicant shall state the nature of said offense, the date on which said conviction occurred, the sentence imposed and any other relevant information as may be required by the Board.

Any applicant who has not previously been issued a duly authorized tattooer's license by the Board shall be required to take and pass an examination in a manner prescribed by the Board before said license shall be issued. The applicant shall be required to evidence and otherwise demonstrate a thorough knowledge of the provisions of this article, of bacteriology, aseptic techniques and/or other relevant areas as may be determined by the Board as to ensure that infectious and contagious diseases shall not be spread by his or her tattooing practices and to ensure the proper administration of tattooing.

§ 490-49 Fees.

Tattoo parlor or establishment. The applicant for a certificate of sanitation for a tattoo parlor or establishment shall pay an annual license fee of $500, which license fee shall become due on January 1 of each year. Said fee shall be nonrefundable and shall be due each year or for any portion thereof. The initial application requesting a certificate of sanitation shall require a nonrefundable fee of $500. If said certificate of sanitation is issued by the Board, no further payment for same shall be due until January 1 of the next year. The certificate of sanitation shall not be transferable, nor pass by conveyance or sale of the tattoo parlor or establishment, nor by inheritance or any other manner.

Tattooer. The applicant for a tattooer's license shall pay an annual license fee of $200, which license fee shall be due on January 1 of each year. Said fee shall be nonrefundable and shall be due each year or for any portion thereof. The initial application requesting a tattooer's license shall require a nonrefundable fee of $200. If said tattooer's license is issued by the Board, no further payment shall be due until January 1 of the next year. If issued, all tattoo licenses shall be nontransferable, thus each and every tattooer employed by said tattoo parlor or establishment shall have his or her own current tattoo license as a condition to administering tattoos. Said tattoo license shall not be transferable by any manner, including conveyance, sale, inheritance or the like.

§ 490-50 Board to approve license applications.

The Board shall approve or deny each application for a certificate of sanitation and/or tattooer's license with a renewal thereof, either to operate a tattoo parlor or establishment or to engage in the business of or to be employed as a tattooer, which application shall be submitted to the Board and shall be approved by the Board before any certificate of sanitation or tattooer's license shall issue. The Board shall also have the right to place additional restrictions upon said tattooer and/or tattoo parlor or establishment, which shall include but not be limited to the right to place same on conditional probation for a fixed or nonfixed period of time, as well as the right to revoke or terminate said certificate of sanitation and/or tattooer's license at any time. In the event that the Board elects to suspend or revoke any tattooers license or certificate of sanitation for violations of this article, said person or persons shall receive due notice and hearing before the actions of the Board are deemed to be permanent. However, said person or persons shall refrain from any or all business matters relating to tattooing until said hearing occurs and shall continue to refrain from said business if the Board determines that the suspension and/or revocation was appropriate.

§ 490-51 Operational regulations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Operational regulations.

Facility layout.

All facilities shall have a waiting area that is physically separated from the workstations and equipment cleaning room.

All facilities that reprocess reusable instruments shall have an equipment cleaning room that is physically separated from the workstations. Facilities that use all disposable equipment shall be exempt from this requirement.

Design shall allow adequate space for receiving, cleaning, decontaminating, preparing and packaging.

Workflow and traffic patterns shall be designed to flow from soiled to clean areas.

Suitable signs to designate soiled and clean work spaces shall be used to limit the possibility of cross-contamination into clean work areas.

(d)

Handwashing facilities shall be operable and conveniently located in the equipment cleaning room.

(e)

Manual cleaning of instruments shall be conducted in a sink of sufficient size to process soiled instruments.

(f)

An emergency eye-flushing device shall be provided where needle-building activities are performed.

(g)

Exhaust hoods shall be provided over needle-building work areas and shall have a dedicated exhaust directly to outside air.

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.

Display cases and retail sales shall be physically separated from workstations.

(4)

The workstation shall not be less than 80 square feet. Facilities existing as of February 19, 2002, are exempt from this requirement until renovations to expand are conducted.

A separate room shall be provided for permanent cosmetics.

Partitions shall be provided between workstations. The partitions shall be easily cleanable and kept in good repair. The partitions shall be at least six feet in height and capable of providing complete privacy, which is required for nipple and genital piercings.

Storage cabinets shall be adequate to accommodate supplies needed for the procedure in the room.

(5)

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 and disposable paper towels shall be readily accessible and provided for every two workstations within the body art establishment. All body art establishments shall be in compliance with this subsection by no later than August 19, 2003.

(6)

Furniture in the procedure rooms shall be of nonporous materials and cleaned and sanitized after each use.

Worktables shall be constructed of smooth, easily cleanable material and cleaned and sanitized between use.

Environment.

All floors and walls shall be made of smooth, nonabsorbent and nonporous material that is easily cleanable.

Concrete blocks or other masonry used in wall construction shall be covered or made smooth and sealed for a washable surface.

Walls and ceilings shall be light-colored.

The use of carpet in work areas and in the equipment cleaning room shall be prohibited.

The work areas shall be ventilated to prevent odors.

At least 50 footcandles of artificial light shall be provided within the establishment.

At least 100 footcandles of artificial light shall be provided at workstations and in the equipment cleaning room.

(4)

The water supply shall be constructed, protected, operated and maintained in conformance with the New Jersey Safe Drinking Water Act (N.J.S.A. 58:12A-1 through 12A-11 and N.J.A.C. 7:10) and local laws, ordinances and regulations.

Drinking water fountains shall be constructed according to the New Jersey Uniform Construction Code, N.J.A.C. 5:23.

(5)

All wastewater shall be disposed of by one of the following approved methods:

Sanitary sewer. Wastewater shall be discharged into a public sanitary sewer operated by a municipal sewer authority.

Subsurface sewer disposal facility. The location and construction of a subsurface sewage disposal system shall be in accordance with N.J.A.C. 7:9A-2 (standards for the construction of individual subsurface sewage disposal systems), the New Jersey Water Pollution Control Act Regulations (N.J.A.C. 7:14) and local laws, ordinances and regulations.

Sanitary facilities.

A public restroom shall be available and in operable condition to clients during all business hours.

Water closets and lavatories shall be in conformance with the regulations set forth in the New Jersey Uniform Construction Code, N.J.A.C. 5:23.

Fixtures shall comply with all applicable local ordinances and conform to the following requirements:

Toilet tissue and paper towel holders, supplied with tissue and paper towels, shall be provided in each toilet;

Suitable receptacles shall be provided for the disposal of paper towels and waste materials;

Common towels shall not be permitted; and

(d)

Liquid soap and dispensers shall be provided and maintained at each lavatory. The dispenser shall be of all metal or plastic. No glass shall be permitted in these dispensers.

Waste management.

Plastic bags shall be used for the removal of soiled waste.

Bags shall be of sufficient strength to safely contain waste from point of origin to point of disposal and shall be effectively closed prior to disposal.

Outside storage containers for solid waste shall be kept covered and shall comply with local ordinances.

For the purpose of this chapter, solid waste generated during body art procedures that are sharp such as needles and razors or items saturated and/or dripping with blood or body fluids shall be handled, stored, packaged, labeled, transported and disposed of in accordance with the provisions and standards found at N.J.A.C. 7:26-3A.

Pest control and animal control.

Controls shall be used to minimize or eliminate the presence of rodents, flies, roaches, and other vermin. The premises shall be kept in such condition as to prevent the breeding, harborage, or feeding of vermin.

The application of pesticide shall conform to the requirements of the New Jersey Pesticide Control Rules, N.J.A.C. 7:30.

No live animals shall be kept or allowed in any room where body art is conducted. An exception shall be made for service animals, which shall be permitted for the purpose of accompanying physically disabled persons.

Client records.

All client records shall be retained for a minimum of three years and made available upon request to the health official.

Each client shall complete an application for all body art procedures. The application shall include the following:

The name, date of birth, proof of age, and address of the client; an emergency telephone number and contact individual for the client; the date of the procedure; the name of practitioner who performed the procedure(s); the type and location of the procedure performed; the signature of client and, if the client is a minor, proof of parental or guardian presence and written consent;

A medical health history form that includes a history of any information that would aid the practitioner in the client's body art healing process evaluation. The health history form shall, at a minimum, include medical conditions, such as diabetes, allergies, skin conditions, and a list of medications; and

A consent form, which shall be established for each procedure and shall be reviewed verbally with the client prior to performing any procedure(s). Said consent form shall minimally consist of the type of procedure(s) to be performed, its risks, alternatives, generally accepted results, an after-care plan, and the client's signed acceptance of the recommended procedure by the named practitioner.

Body art procedures on a person under 18 years of age shall not be performed without the written consent of the parent or legal guardian of such minor.

Government-issued photographic identification of the client shall be photocopied and maintained on file with the client's application.

Identification of the parent or legal guardian shall be photocopied and maintained on file with the client's application.