Township of Marple, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Marple 3-10-2003 by Ord. No. 2003-2. Amendments noted where applicable.]
GENERAL REFERENCES
Commercial Maintenance Code — See Ch. 114.
Sanitation and health — See Ch. 228.
Smoking — See Ch. 244.

§ 229-1 Definitions.

For the purposes of this chapter, 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.
EMPLOYEE
Any person who renders any service in connection with the operation of a tattoo establishment or a body-piercing establishment and receives compensation from the operator of the business or its patrons.
OPERATOR
Any individual, firm, company, corporation or association that owns or operates an establishment where tattooing or body piercing is performed and any individual who performs or practices the art of tattooing or body piercing 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 by the aid of needles or any other instruments designed to touch or puncture the skin.
TATTOOING OR BODY PIERCING LICENSE
Written approval from the Township Code Enforcement Officer or his authorized representative that said tattooing establishment or body-piercing establishment has been inspected and meets all of the terms of this chapter relating to physical facilities, equipment and layout for operation of such business.

§ 229-2 Tattooing license required; fee.

A. 
Application procedure. It shall be unlawful for any person to engage in the business of operating a tattoo establishment without first obtaining a tattooing or body-piercing license to engage in such business in accordance with the provisions hereof. Applications for a tattooing or body-piercing license shall be provided by the Township Code Enforcement Officer. Upon receiving a completed application for a tattooing license, the Township Code Enforcement Officer shall conduct an inspection of the premises and shall issue a tattooing or body-piercing license only upon the operator's full compliance with the provisions of this chapter. 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 forth from time to time by resolution of the Board of Commissioners, shall be required of each applicant for a tattooing license, as well as to renew said tattooing license.
C. 
The license must be publicly displayed in the place of business, and the license is not transferable. Transferring shares of stock in a corporation shall constitute a transfer. A license shall be in effect for a period of one year and shall be renewed by no later than January 5 of each year.

§ 229-3 Requirements of tattooing establishments.

Each person who operates a tattooing or body-piercing 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, floor 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. 
Each 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 his or her 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, urinal and hand-washing facilities shall be available on the establishment premises for the use of customers and tattoo artists. Toilets, urinals and 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 shall be permitted in the tattoo shop.

§ 229-4 Minimum operating standards.

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 or her fingernails with his or her individual fingernail file and shall thoroughly wash and scrub his or her hands with hot running water, soap and his or her individual hand brush. Bands shall be dried with individual single-use towels. The operator shall wear a clean, new pair of latex gloves, designed for use in surgery, for each customer.
D. 
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.
E. 
No tattooing shall be done on any skin that has a rash, pimples, boils, infections or manifests any evidence of unhealthy conditions.
F. 
Following the cleansing of the patron's skin, the tattoo artist shall again wash and scrub his or her hands in the manner prescribed above. He or she shall allow his or 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.
G. 
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.
H. 
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 resterilized or discarded.
I. 
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.
J. 
As the tattoo operation progresses, any excess dye or pigment applied to the skin shall be removed with the sterile gauze or sterile cotton.
K. 
The completed tattoo shall have the excess 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.
L. 
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.
M. 
Work tables shall be kept clean and orderly.
N. 
No person except a duly licensed physician shall engage in the practice of removing any tattoo.
O. 
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 or her name, address, age and his or 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 customer or patron. Such records shall be maintained in the tattoo establishment and shall be available for examination by the Township Code Enforcement 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 Township Code Enforcement Officer.
P. 
Only FDA-approved dyes, if any, shall be used in the tattooing process. No homemade dyes may be used. All solutions shall be maintained in a sterile condition.
Q. 
No person shall state or imply in any advertisement or in any other manner that the tattooing or body-piercing establishment is endorsed, regulated or approved by Marple Township.
R. 
The name, address, and telephone number of the establishment must be on the heading of all waivers, care sheets, consent forms and any and all other forms utilized by the establishment.
S. 
All biohazardous waste must be disposed of in compliance with federal, state or other regulations and proof thereof maintained by the operator for a period of three years.

§ 229-5 Inspections.

The Township Code Enforcement Officer may, without prior notice, conduct periodic inspections of any tattooing or body-piercing establishment for the purpose of determining whether or not said establishment and the persons performing tattooing or body piercing therein are in compliance with all applicable health provisions contained within this chapter and other pertinent ordinances. It shall be unlawful for any person or operator of a tattooing or body-piercing establishment to willfully prevent or restrain the Township Code Enforcement Officer from entering a certified establishment where tattooing or body piercing is being performed for the purpose of inspecting said premises, after proper identification is presented to the operator.

§ 229-6 Illegal practices.

It shall be unlawful for any operator or tattoo artist to engage in any of the following:
A. 
No person, except a duly licensed physician, shall practice tattooing or body piercing in any place other than a tattooing or body-piercing shop for which a license has been issued.
B. 
It shall be unlawful to perform any tattooing or body piercing on any individual who is under the influence of drugs or alcohol or who appears to be under the influence of drugs or alcohol.
C. 
It shall be unlawful to perform any tattooing or body piercing on an individual under the age of 18 years 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 Township Code Enforcement Officer. Such written consent shall be kept on file for a period of two years.
D. 
No person with any disease in a communicable form or suspected of having such disease shall engage in tattooing or body piercing. Such diseases may include, but shall not be limited to, influenza, tuberculosis, HIV virus, scabies, impetigo, syphilis, chicken pox, measles (rubella), German measles (rubella), mumps, whooping cough, hepatitis, infection on hands or arms, jaundice of the skin or sclera. The Township Code Enforcement 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.
E. 
A medical history shall be taken of every customer. It shall be unlawful to tattoo any person revealing a recent history of influenza, tuberculosis, HIV virus, scabies, impetigo, syphilis, chicken pox, measles (rubella), German measles (rubella), mumps, whooping cough, hepatitis, infection on hands or arms, jaundice of the skin or sclera.
F. 
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 and 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 Township Code Enforcement Officer.

§ 229-7 Body-piercing license required; application, fee.

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 Township Code Enforcement Officer. Upon receiving a completed application for a body-piercing license, the Township Code Enforcement Officer shall conduct an inspection of the premises and shall issue a license only upon the operator's full compliance with the provisions of this chapter. 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 or body piercing, provided that a separate license for each activity has been obtained from the Township of Marple.
B. 
Application fee. A fee, as set from time to time by resolution of the Board of Commissioners, shall be required for each applicant for a body-piercing license, as well as to renew said body-piercing license.
C. 
Contents of application. Applications for body-piercing licenses shall include 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.
(5) 
Any other commercial activities that will occur on the premises.

§ 229-8 Exemptions.

A. 
The regulations contained in this chapter 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 chapter 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 piercings on parts of the body other than the ears without satisfying all of the requirements of this chapter.

§ 229-9 Requirements of body piercing operating from facilities.

A. 
Any person engaged in the process of body piercing, as described and restricted in this chapter, shall meet the operating standards of tattoo establishments in § 229-3 as they apply to body piercing.
B. 
All piercing needles, stainless steel expanders, jewelry and other equipment used in the piercing process shall be sterilized as described in § 229-4 of this chapter.
C. 
The jewelry inserted in a piercing shall be composed of gold, surgical stainless steel or niobium, a composite metal formed from oxides of the stainless steel production process.

§ 229-10 Body piercing procedure.

A. 
When it is necessary to shave the area to be pierced, a new disposable 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 a 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.

§ 229-11 Infection control.

A. 
Written instructions approved by the Township Code Enforcement 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 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 Township Code Enforcement Officer by the operator immediately.

§ 229-12 Body piercing restrictions.

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 chapter has been issued, except as exempted under § 229-8.
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 of a parent or guardian. Said parent or guardian shall sign a permission form. These forms shall be generated by the establishment and approved by the Township Code Enforcement Officer. Such written consent shall be kept on file for a period of two years.
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 virus, scabies, impetigo, syphilis, chicken pox, measles (rubella), German measles (rubella), mumps, whooping cough, hepatitis, infection on hands or arms, jaundice of the skin or sclera. The Township Code Enforcement 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. It shall be unlawful to body pierce any person revealing a recent history of influenza, tuberculosis, HIV virus, scabies, impetigo, syphilis, chicken pox, measles (rubella), German measles (rubella), mumps, whooping cough, hepatitis, infection on hands or arms, jaundice of the skin or sclera.

§ 229-13 Compliance with federal and state regulations.

All operators must comply with the licensing requirements of any federal, state or regulatory body.

§ 229-14 Maintenance of customer records.

All customer records required to be maintained by this chapter shall be signed by the customer and the operator and shall be maintained for a period of three years after the tattooing or body piercing.

§ 229-15 Prohibited acts; cessation upon notice required.

Failure to secure a permit or license when required, or operating after suspension or revocation of a permit or license by the Township Code Enforcement Officer of Marple Township, shall constitute a violation of this chapter. When written notice of a violation of any of the provisions of these rules and regulations has been served upon any person, such violation shall be discontinued immediately.

§ 229-16 Violations and penalties.

Any person, firm or corporation who violates any provisions of these rules and regulations 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 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 Township Code Enforcement Officer or by the service of summons in a prosecution or in any other official manner that he or she is committing a violation of these rules and regulations, each day that he 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 by law collected.

§ 229-17 Suspension of tattoo or body-piercing license.

Any tattoo establishment and/or body-piercing establishment licensed to operate in the Township of Marple and found to be in noncompliance with any requirements of this chapter may have his, her or its license suspended by the Township Code Enforcement Officer or his, her or its duly appointed agent at the time of inspection or any time thereafter.
A. 
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 Board of Commissioners, shall be charged in the event of noncompliance.
B. 
Any licensed tattoo or body-piercing establishment found to be in noncompliance with this chapter for a second offense shall, in addition to the penalties listed in § 229-14, be subject to a suspension of the license for 48 hours or until such time as the issues of noncompliance are brought to compliance, whichever is longer. A reinspection fee, as set from time to time by resolution of the Board of Commissioners, shall be charged in the event of noncompliance.
C. 
An aggrieved party may appeal the decision of the Township Code Enforcement Officer to suspend a license within 10 days of the suspension in writing to the Board of Commissioners with a request for a public hearing.