[HISTORY: Adopted by the Board of Supervisors
of Pierce County 12-21-1999 by Ord. No. 99-15. Amendments noted where
applicable.]
GENERAL REFERENCES
Public health nuisances and human health hazards — See Ch. 180.
The provisions of this chapter shall apply to
tattoo and body piercing facilities, tattoo artists and body piercers
and the practice of tattooing and body piercing.
As used in this chapter, unless otherwise specifically
indicated, the following terms shall have the meanings indicated:
Acceptable to the Health Department based upon its determination
of conformance to necessary public health practices.
A container used to dispose of medical equipment or clinical
laboratory articles that may cause punctures or cuts, such as hypodermic
needles, syringes with attached needles, lancets and razor blades.
The Pierce County Health Department Board of Health.
A person who performs body piercing on another person at
that person's request.
Perforating any human body part or tissue, except an ear,
and placing a foreign object in the perforation to prevent the perforation
from closing.
The premises where a body piercer performs body piercing.
The removal of foreign material from objects, normally accomplished
with detergent, water and mechanical action.
A location where both tattooing and body piercing are practiced.
A chemical that is capable of destroying disease-causing
organisms on inanimate objects, with the exception of bacterial spores.
A fee for the replacement of an original permit.
The Pierce County Health Department.
The Director of the Pierce County Health Department or an
authorized agent of the Health Officer.
A person receiving a tattoo or body piercing.
A fee for consultative services offered within a six-month
period from the date of permit application to persons intending to
operate a new tattoo or body piercing facility or a combined tattoo
or body piercing facility or to a person intending to be the new operator
of an existing tattoo or body piercing facility or combined tattoo
and body piercing facility.
A fee for the third and subsequent inspections needed to
address compliance issues with the statutes and administrative codes
that govern their operation.
Submission to the steam pressure (autoclave) method with
at least 15 pounds of pressure per square inch at 250º F. for
at least 30 minutes, such that all forms of microbial life, including
spores, viruses, bacteria and fungi, are destroyed.
Any person engaged in the practice of tattooing.
The location where tattooing is practiced.
Includes any method of placing or removing designs, letters,
scrolls, figures, symbols or any other marks upon or under the skin
of a person with ink or color by the aid of needles or instruments.
A single building, structure, area or location where both
tattooing and body piercing are performed for a maximum of seven days
per event.
A single building, structure, area or location where a tattoo
artist or body piercer performs tattooing or body piercing for a maximum
of seven days per event.
The provisions of this chapter shall be administered
by or under the direction of the Health Officer, who, in person or
by duly authorized representative, shall have the right to enter,
at reasonable hours, upon premises affected by this chapter to inspect
the premises, examine and copy relevant documents and records or obtain
photographic or other evidence needed to enforce the provisions of
this chapter.
No person shall engage in the practice of tattooing
or body piercing or shall carry on the business of operating a tattoo
or body piercing facility or a combined tattoo and body piercing facility
within Pierce County unless he/she has a valid permit issued by the
Health Department for each and every such place of business.
A.Â
Application. Application for permits shall be made
in writing to the Health Department on forms provided by the Health
Department, stating the name and address of the applicant and the
name and address of the proposed tattoo or body piercing facility
or a combined tattoo and body piercing facility, together with such
other information as may be required.
B.Â
Fee. Fees for the issuance of permits, the making
of investigations, inspections, training and technical assistance
to establishments covered pursuant to this chapter, plus the costs
required to be paid to the state for each permit issued, are hereby
established pursuant to this chapter, subject to amendment, from time
to time, upon recommendation of the Pierce County Health Officer and
approval of the Board of Health. Separate preinspection fees are hereby
established with respect to new establishments or existing establishments
that have been transferred to a new owner. Reinspection fees are hereby
established to address compliance issues with statutes and administrative
codes.
[Amended 4-17-2001 by Ord. No. 00-15]
C.Â
Permit. Permits shall be posted in a conspicuous place
in the tattoo or body piercing facility. Permits are not transferable
and, except for temporary tattoo or body piercing facility permits,
shall expire on June 30 following their issuance.
(1)Â
Tattoo or body piercing facility permit. A separate
permit is required for each tattoo or body piercing facility. A permit
shall not be transferable to a location other than the one for which
it was issued. Such permits shall expire on June 30 following their
issuance.
[Amended 4-16-2002 by Ord. No. 02-02]
(2)Â
Combined tattoo and body piercing facility. A separate
permit is required for a combined tattoo and body piercing facility.
A permit shall not be transferable to a location other than the one
for which it is issued. Such permits shall expire on June 30 following
their issuance.
[Amended 4-16-2002 by Ord. No. 02-02]
(3)Â
Tattoo artist or body piercer permit. A separate permit
is required for each tattoo artist or body piercer engaged in the
practice of tattooing or body piercing. Such permits shall expire
on June 30 following their issuance.
[Amended 4-16-2002 by Ord. No. 02-02]
(4)Â
Temporary facility or temporary combined facility
permit. A separate permit is required for each temporary facility
or temporary combined facility. Such permit is not transferable to
a location other than the one for which it was issued and shall expire
seven days after the date it was issued.
D.Â
Permit suspension and revocation. Such permit may
be temporarily suspended by the Health Department for violations that
present an immediate health hazard or may be revoked after repeated
violations of this chapter. Any person affected by such suspension
or revocation shall have the right to appeal.
A.Â
Premises.
(1)Â
Floor surfaces in the room in which the tattoo or
body piercing is administered shall be impervious, smooth and washable.
Carpeting is not allowed.
(2)Â
A hand-washing facility supplied with hot and cold
water under pressure, soap and single-service towels shall be conveniently
located in the tattoo or body piercing area, in addition to what is
provided in the toilet room.
(3)Â
Approved waste containers with nonabsorbent, durable
plastic liners shall be used for all tissues, towels, gauze pads and
other similar items used on the patron. Any infectious waste shall
be disposed of as required by Wisconsin Administrative Code Chapter
NR 526.
(4)Â
Adequate cabinets with washable surfaces shall be
provided for exclusive storage of instruments, dyes, pigments, stencils
and other equipment used in the practice of tattooing or body piercing.
(5)Â
All tattoo or body piercing facilities shall be maintained
in a clean, sanitary condition and in good repair.
(6)Â
The tattoo or body piercing facility application area
where the procedure is performed shall be adequately lighted to a
minimum of 50 footcandles.
(7)Â
Tattooing or body piercing shall be performed by a
tattoo artist or body piercer in a tattoo or body piercing facility
completely separated from any living quarters by a solid permanent
partition. A solid door leading to the living quarters is permitted,
provided it remains closed during business hours. A direct outside
entrance to the tattoo or body piercing facility shall be provided.
B.Â
Equipment.
(1)Â
All tattoo or body piercing facilities shall be equipped
with an autoclave which is in good working order and which is manufactured
with temperature and pressure gauges marked and visible on the outside
of the unit.
(a)Â
As an alternative to requiring a pressure gauge,
spore strips or suspensions shall be used at least weekly and results
recorded for performance checks of the autoclave.
(b)Â
A record must be maintained for each sterilization
cycle, including date, sterilizing temperature, length of time at
sterilizing temperature and what was autoclaved.
(c)Â
A minimum of one time sterile indicator tape
shall be included with each load sterilized and the results recorded,
and the autoclave shall be spore tested at least monthly. Spore kill
effectiveness testing shall be conducted by an independent laboratory.
(d)Â
The autoclave shall be of sufficient size and
shall be operated in accordance with manufacturer's recommendations
and in a manner to prevent crowding of the chamber.
(e)Â
The autoclave chamber temperature shall be checked
at least weekly with a maximum registering thermometer and results
recorded.
(2)Â
All instruments used in the practice of tattooing
or body piercing shall be sterilized before use.
(a)Â
All instruments shall be thoroughly cleaned
before being sterilized. This may be done with an ultrasonic cleaner
or with a probe, needles or brush able to enter the smallest opening
of the instrument The cleaning of instruments shall be done with detergent
and hot water or other methods approved by the Health Officer.
(b)Â
All instruments used in the tattoo or body piercing
procedure shall be stored in a clean, dry manner after sterilization
and handled in a way that will prevent recontamination.
(3)Â
Needles. Needles shall be disposable, sterile, single-patron
use. Used needles shall be discarded in an approved biohazard sharps
container.
(4)Â
Stencils.
(a)Â
Plastic stencils shall be thoroughly cleaned
with soap and water and sanitized after each use. They are to be sanitized
by immersion for 30 minutes in a chlorine disinfectant solution prepared
by mixing one tablespoon of household bleach containing 5% chlorine
with one pint of water and allowed to air dry.
(b)Â
Prior to use, each pre-cleaned and sanitized
plastic stencil shall be rinsed in a seventy-percent isopropyl alcohol
solution and allowed to air dry.
(c)Â
Paper stencils shall only be used once. New
paper stencils shall be used for every individual.
(5)Â
Dyes and inks.
(a)Â
The licensee shall submit in writing to the
Health Officer the source of all dyes and inks used in administering
tattoos.
(b)Â
Nontoxic dyes or inks shall be taken only from
effectively covered squeeze bottle containers that are easy to clean
and disinfect.
(c)Â
Immediately before applying a tattoo, the dye
to be used for the tattoo shall be squeezed from the dye bottles into
disposable cups. The disposable cups shall be stored and handled in
a manner to prevent them from becoming contaminated. Upon completion
of the tattoo, the cups and dye shall be discarded. Any dye in which
the needles were dipped shall not be used on another person.
C.Â
Skin preparation.
(1)Â
Aseptic technique must be utilized in the practice
of tattooing or body piercing.
(a)Â
Each tattoo artist or body piercer is required
to scrub his or her hands with liquid soap (i.e., tincture of green
soap) and water thoroughly before commencing tattooing or body piercing
on the patron.
(b)Â
If the patron's skin is to be shaved, the skin
shall be washed with a cleansing antisepticlantimicrobial skin cleanser
before shaving. A safety razor shall be used. A new blade shall be
used for each patron. The blade shall be discarded after each use.
Reusable blade holders shall be sterilized after each use. If disposable
blade holders are used, they may be used on one patron only and then
must be discarded in an approved biohazard sharps container.
(c)Â
The skin area to be tattooed or body pierced
shall first be cleansed with soap and water and then prepared with
antiseptic such as 70% alcohol (and allowed to air dry) or other method
approved by the Health Officer.
(d)Â
Single-use gauze pads or towels shall be used
in the skin cleaning and preparation.
(e)Â
Petroleum jelly applied on the tattoo area shall
be dispensed from a single-use disposable container or with a sterile
tongue blade or sterile applicator stick which shall be discarded
after each use.
(2)Â
After the tattooing or body piercing is completed,
only antibacterial ointments shall be applied on the tattoo or body
piercing, and if a dressing is to be used it must be a sterile, nonsticking
dressing.
(3)Â
Persons tattooed or body pierced shall be provided
with printed instructions regarding tattoo or body pierce care during
the healing process.
D.Â
General supplies.
(1)Â
All tattoo or body piercing facilities shall have
clean, laundered towels, washcloths or disposable paper towels in
sufficient quantity for the sanitary operation of the practice of
tattooing or body piercing.
(2)Â
A clean towel and washcloth shall be used for each
patron.
(3)Â
Clean towels and washcloths shall be stored in a closed,
dust-proof container.
(4)Â
Soiled towels and washcloths shall be stored in an
approved covered container.
(5)Â
All tattoo artists or body piercers shall wear clean,
washable garments.
(6)Â
The operating table, chair and supply tables shall
be constructed of a material capable of being easily and thoroughly
cleaned and disinfected.
E.Â
Tattoo artist and body piercer requirements.
(1)Â
The tattoo artist or body piercer shall be free of
infectious or contagious disease that may be transmitted by the practice
of tattooing or body piercing.
(2)Â
Tattoo artists or body piercers with open sores or
skin infections on the hand or hands shall not be permitted to engage
in the practice of tattooing or body piercing. The tattoo artist or
body piercer shall wear single-use disposable latex or vinyl gloves
during tattooing or body piercing.
(3)Â
Smoking or consumption of food or drink shall not
be allowed in the immediate vicinity where the tattoo or body piercing
procedure is being performed.
(4)Â
The tattoo artist or body piercer shall wash his/her
hands thoroughly with liquid soap and water before any skin preparation,
tattooing or body piercing and after removing gloves. The hands shall
be dried with individual single-service towels.
(5)Â
No person shall be present in the immediate vicinity
of the area in which tattoos or body piercing are administered unless
authorized by the tattoo artist or body piercer.
(6)Â
No animals, except guide dogs, are allowed in the
tattoo or body piercing facility.
(7)Â
The work areas, such as countertops, must be cleaned
and wiped with a disinfectant between patrons.
(8)Â
Physical examination of tattoo artists or body piercers.
The Health Officer shall have the power to require any tattoo artist
or body piercer to submit to a practicing physician for a physical
examination whenever the tattoo artist or body piercer is reasonably
suspected of having any infectious or contagious disease that may
be transmitted by the practice of tattooing or body piercing. The
expense of the physical examination shall be the responsibility of
the tattoo artist or body piercer. All medical records shall remain
confidential, except as otherwise provided by law. Failure to obtain
the required physical examination shall result in suspension or revocation
of the tattoo artist or body piercing permit.
A.Â
Consent. A tattooist or body piercer may not tattoo
or body pierce a patron without first obtaining the signed, informed
consent of the person on a form approved by the Health Department.
B.Â
Minors.
(1)Â
No person under 16 years of age may be body pierced.
(2)Â
No person age 16 or 17 may be body pierced unless
an informed consent form has been signed by his or her parent or legal
guardian in the presence of the operator.
(3)Â
No person under 18 years of age may be tattooed except
by a physician in the course of the physician's professional practice,
as permitted under § 948.70(3), Wis. Stats.
(4)Â
A body-piercing establishment shall post a notice
in a conspicuous place in the establishment stating that it is illegal
to body pierce a person under the age of 18 without the signed, informed
consent of that person's parent or legal guardian.
(5)Â
A tattoo establishment shall post a sign in a conspicuous
place in the establishment stating that no person under the age of
18 may be tattooed.
C.Â
Barriers to procedure.
The requirements contained in this chapter shall
apply to temporary facilities and temporary combined facilities, except
where superseded by the following:
A.Â
Permit.
(1)Â
No temporary facility or temporary combined facility
may be operated before being granted a permit by the Health Department.
(2)Â
No permit may be issued without prior inspection.
(3)Â
The permit issued by the County Health Department
shall be conspicuously displayed in the temporary facility or temporary
combined facility.
(4)Â
A tattoo artist or body piercer operating a temporary
facility or combined temporary facility found to be an habitual violator
of this chapter by the County Health Department may be denied a permit
to operate or may have the permit revoked.
B.Â
Premises.
(1)Â
Floors shall be maintained in a sanitary condition.
Dirt floors shall be covered by an approved material which will provide
protection from dust.
(2)Â
Hand washing.
(3)Â
Water in sufficient quantity shall be hauled and stored
in containers that are easily cleanable, provided with tight-fitting
covers and maintained in a clean and sanitary condition.
(4)Â
Liquid soap and single-service towels for hand washing
and drying hands shall be provided.
C.Â
Equipment. If an approved autoclave/sterilizer is
not provided, only pre-sterilized instruments that are pre-wrapped
with time sterile indicator tape attached and stored in a clean, dry
manner may be used in the practice of tattooing or body piercing.
Records shall be kept by each permittee of all
tattoos and body piercings administered, including the name of the
patron, date, general identification of the tattoo or body piercing
and tattoo artist's or body piercer's name. Records shall be kept
on the premises of the tattoo or body piercing facility where tattoos
or body piercings are administered. These records shall be available
for inspection for a period of three years after the date the tattoo
or body piercing is completed.
Appeals from Health Department orders shall
be pursuant to Health Department policy adopted in conformance with
the procedures for conducting appeals enumerated in Chapter 68, Wis.
Stats. Copies of the appeal procedures shall be available at the Health
Department. An appeal does not eliminate the Department's right to
seek court intervention in the form of injunctive or other relief
against continuing violations.
Any person who violates or refuses to comply
with any provision of this chapter shall be subject to a forfeiture
of not less than $50 nor more than $500 for each offense. Each day
a violation exists or continues shall be considered a separate offense.
[Amended 6-22-2010 by Ord. No. 10-01]
The applicable regulations, rules and laws set
forth in §§ 252.23, 252.24 and 252.245, Wis. Stats.,
and Chapter DHS 173 of the Wisconsin Administrative Code are incorporated
in this chapter by reference, and they shall be construed, read and
interpreted as though fully set forth herein. The express provisions
of this chapter shall control where more restrictive.
