As used in this chapter, the following terms shall have the meanings
indicated:
BOARD
The Board of Health of the Township of Washington or its duly authorized
agent, officer or inspector.
BODY PIERCING
The piercing or puncturing of the skin, cartilage, bone or other
tissue of the body of a person.
CERTIFICATE OF INSPECTION
Written approval from the Board that said tattoo studio has been
inspected and meets all of the requirements of this chapter.
LICENSE TO OPERATE
A license issued to the owner of a tattoo studio to operate a business
under the provisions of this chapter.
OWNER
Any individual, firm, company, partnership, corporation or association
that owns and/or operates an establishment where tattooing or body piercing
is performed.
REGISTRATION
A registration issued to a tattoo artist or body piercer under the
provisions of this chapter.
TATTOO or TATTOOING
To mark or color the skin by pricking in by subcutaneous introduction,
nontoxic dyes or pigments so as to form indelible marks or figures or by production
of scars.
No person, except a duly licensed physician, shall engage in the practice
of tattooing or body piercing without having first been registered and in
receipt of an approved license with the Board of Health.
No person, partnership, firm or corporation shall operate a tattoo or
body piercing establishment unless such person, partnership, firm or corporation
has registered such shop with the Board of Health and has received a certificate
of inspection from said Division. No certificate of inspection shall be issued
unless the studio was inspected by the Board of Health and found to be in
compliance with the requirements of this chapter.
In addition to any other penalty that may be imposed by §
252-9 of this chapter, after due notice and hearing before the Health Officer of the Township of Washington, the Board may suspend or revoke any tattoo artist registration or body piercer registration or license to operate a tattoo or body piercing establishment issued pursuant to this chapter for violations of the provisions of the chapter.
In order to qualify for a certificate of inspection there must be compliance
with the following requirements:
A. The tattoo or body piercing 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 or body piercing is in operation.
D. Adequate light and ventilation shall be provided.
E. Each tattooing or body piercing establishment shall contain
a sink with foot pedals for the exclusive use of the tattoo artists or body
piercers to wash their hands and prepare the customers for tattooing or body
piercing. The sink shall be provided with adequate hot and cold running water.
There shall also be available at the sink approved soap, clean individual
towels and refuse containers. Individual ultrasonic cleaners shall be provided
by the owner at each station with single service application.
F. Adequate toilet, urinal and handwashing facilities shall
be available on the premises for the use of customers, tattoo artists, and
body piercers. Toilets, urinals and handwashing facilities shall be maintained
in a sanitary condition at all times.
G. An adequate number of work tables shall be provided for
each tattoo artist or body piercer. 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.
H. The tattoo and body piercing establishment 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 in height. The panel
may be constructed of glass, solid plastic or similar materials.
I. Proper closed and locked cabinets for the exclusive storage
of instruments, dyes, pigments, carbon stencils and other paraphernalia used
in the establishment shall be provided for each tattoo artist or body piercer.
Sharps containers shall be made available at each location.
J. The tattooing and body piercing establishment shall have
proper facilities for the disposition of waste materials. Written plans are
to be submitted to the Board of Health for proper disposal.
K. Each tattoo artist or body piercer shall be provided
with individual hand brushes and fingernail files.
L. No smoking shall be permitted in any tattoo studio.
M. The holder of any license to operate shall not allow
a tattoo artist or body piercer to perform in his/her tattoo or body piercing
establishment unless the tattoo artist or body piercer is the holder of a
valid registration as defined in this chapter.
N. 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 was tattooed or body pierced, his/her name and his/her signature,
address and age, the design of the tattoo and its location on his/her body,
the physical location and description of the body piercing, and the name,
address and telephone number of the tattoo artist who tattooed him/her or
the body piercer who pierced him/her. A record of each patron who received
a tattoo shall also include the name, address and other information about
the manufacturer of the dyes used as well as information about the dye solutions
and types of dyes used. If a patron requests this information, it must be
released to the patron. 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 Board of Health or any law enforcement
officer and shall be preserved for at least five years from the date of the
last entry therein. Certified birth certificate and written consent permitting
the tattooing or body piercing of individuals under the age of 18 shall be
kept on file for five years by the holder of the certificate of sanitation
for the tattoo studio in which the tattooing or body piercing was performed
and shall be available for inspection upon request. At such time when the
tattoo establishment or body piercing establishment ceases doing business
or is removed from the township or changes its name or has a change in management
or ownership, all such records shall be turned over to the Township Board
of Health.
O. Only tattooing and/or body piercing shall be permitted
in the tattoo or body piercing establishment.
P. Interior design and floor plans for the tattoo or body
piercing establishment must be submitted to the Board of Health and approved
prior to operation of the facility.
Q. No person shall state or imply in an advertisement or
in any other way that the tattooing or body piercing establishment is endorsed,
regulated or approved by the township or by any of its departments or by the
Board of Health or is conducted in compliance with the terms of this chapter.
R. The name, address and telephone number of the establishment
must be on the heading of all waivers, care sheets, consent and other forms
utilized by the establishment.
S. Information pertaining to employees.
(1) The establishment must file with the Board of Health
annually with the license application and any renewal thereof a list of the
following information for each employee:
(2) The owner or person in charge of the establishment shall
amend the list accordingly and submit it to the Board of Health immediately
upon the addition of any employee or termination of an employee.
Any person who violates any provision of this chapter shall, upon conviction,
be punishable by a fine of not more than $500 nor less than $5 for each violation.
Each day that such violation continues shall be deemed a separate offense.