As used in this chapter, the following terms shall have the
meanings indicated:
APPRENTICE
Any person who performs the art of body piercing under the
direct supervision of a practitioner in order to learn body art procedures.
BODY ART
The practice of physical body adornment is permitted in establishments
operated by licensed operators utilizing, but not limited to, the
following techniques: body piercing; tattooing; and permanent cosmetics.
Body piercing includes piercing of any portion of the ear with the
exception of the ear lobe.
BODY ART STUDIO
Any premises, operated by a licensed operator(s), utilizing,
but not limited to, the following techniques: body piercing; tattooing;
and permanent cosmetics for a fee or other consideration.
BODY PIERCING
Puncturing or penetration of the skin of a person using presterilized
single-use needles and the insertion of presterilized or disinfected
jewelry or other adornment thereto in the opening. Such definition
shall not apply to medical services performed by a licensed physician.
CERTIFICATE OF INSPECTION
A certificate of approval from the Gloucester County Department
of Health that a body art and body art establishment has been inspected
and meets all of the requirements of this chapter.
LEGAL GUARDIAN
An individual who, by legal appointment or by the effect
of written law, has been given custody of a minor or adult.
OPERATOR
The owner or owner's designee having ownership, control
or custody of any place of business or employment and who manages
the day-to-day operations of the body art establishment.
PRACTITIONER
Any person who performs body piercing, inclusive of piercing
of any portion of the ear with the exception of the ear lobe.
No person shall engage in the business of body art and body
piercing, whether for compensation or not, operate any establishment
where body piercing or body art is performed, whether for compensation
or not, or body pierce or body art any person, whether for compensation
or not, without complying with the requirements of this chapter, pursuant
to local rules and regulations, as well as the regulations of the
State of New Jersey, or regulations about to be adopted, including
the New Jersey Administrative Code at N.J.A.C. 8:27-1.1 et seq.
In addition to the requirements regarding the body art establishment
in the New Jersey Administrative Code at N.J.A.C. 8:27-1.1 et seq.,
any person desiring to engage in body piercing shall apply to the
Gloucester County Department of Health, in writing, on forms promulgated
and supplied by the Department of Health. Such forms shall be duly
verified by the applicant.
A. The applicant shall set forth:
(1) The name, permanent addresses and telephone number of the applicant
and all apprentices and practitioners employed, whether paid or not.
(2) The address and telephone number of the manager of the business,
if different from the applicant.
(3) If the applicant is a corporation, partnership, LLP or LLC, the name
and address of its registered agent.
(4) The full business name, business address and post office address
of the proposed establishment.
(5) A copy of the New Jersey sales tax certificate.
(6) If the applicant is a corporation, partnership or firm, the federal
employer identification number (EIN) and the social security number
if the applicant is a proprietorship.
(7) A certificate that the applicant is a citizen of the United States
or, if not, is a holder of documentation authorizing the alien to
be employed in the United States of America, such as an alien registration
card issued by the United States Immigration and Naturalization Services
(INS) on Form No. I-151, I-551 or I-94 with an endorsement authorizing
employment in the United States of America.
(8) If the applicant is a partnership, firm or corporation, all information
required by the applicant shall apply not only to the partnership,
firm or corporation, but also to each officer, director or holder
of 10% of the issued stock, if a corporation, and to all members of
a partnership or firm.
(9) Proof of general liability insurance equal to the amount of $500,000
of liability coverage for the applicant, operator and/or owner of
the establishment and proof of malpractice liability insurance equal
to the amount of $500,000 for the applicant, operator and/or owner
of the establishment. Such insurance policies shall name the Township
as an additional insured. Proof shall include a certificate of insurance
issued to the applicant by an insurance company licensed to do business
in the State of New Jersey.
B. Each practitioner shall have completed a first aid certification
course sponsored by the American Red Cross. First aid certification
for all practitioners who perform body art shall be current, and a
copy of each practitioner's certification shall be submitted
with the initial application and any subsequent renewal applications
for a license.
C. The applicant shall furnish proof of the operator, practitioner and
apprentice having completed a blood-borne pathogens training course
from the American Red Cross, the Association of Professional Piercers
or a provider approved by the New Jersey Department of Health and
Senior Services. Proof of training shall be provided with the initial
application and any subsequent renewal applications for a license.
Blood-borne pathogens training shall be in accordance with the Occupational
Safety and Health Administration (OSHA) Rule 29 CFR Part 1910.1030,
incorporated herein by reference and as amended and supplemented.
D. Proof of hepatitis B immunizations series shall be provided for each
practitioner, apprentice and any other employee with a potential occupational
exposure to blood and bodily fluids. If the employee cannot obtain
the vaccinations for medical reasons, s(he) shall submit to the Health
Division a letter from a licensed physician certifying that the individual
does not have hepatitis B and the vaccination is contraindicated.
E. With the initial application and any subsequent renewal applications
for a license, the applicant shall provide proof of a written agreement
for consultative services with a physician licensed in the State of
New Jersey. The written agreement shall, at a minimum, include skin
conditions, after-care procedures, infections and employee health
issues.
F. With the initial application for a license, the applicant shall furnish
proof of the operator having experience in the operation of a body
art facility for a period of at least 12 months. Forms of proof shall
be those specified in the New Jersey Administrative Code at N.J.A.C.
8:27-1.1 et seq., as amended and supplemented.
G. With the application, the applicant shall furnish proof of each practitioner
having completed a minimum 1,000 hours of experience performing the
art of body piercing at a licensed body piercing facility as an apprentice
prior to being qualified as a practitioner. Forms of proof shall be
those specified in the New Jersey Administrative Code at N.J.A.C.
8:27-1.1 et seq., as amended and supplemented. The proof of 1,000
hours of experience required under this section shall be submitted
in the form of a notarized statement.
H. The applicant shall submit a written training program to the Health
Division if the body art establishment will provide training to apprentices.
The Health Officer may conduct periodic inspections, with or
without notice, of any establishment engaged in body art procedures
that are governed by this chapter for the purpose of determining whether
or not such establishment and the persons performing the art therein
are in compliance with all applicable health provisions. It shall
be unlawful for any person or operator of a body art establishment
to willfully prevent or restrain the Health Officer or his or her
designee from entering any establishment where body art procedures
are being performed for the purpose of inspecting such premises, equipment
and records after proper identification is presented to the operator.
All prior ordinances or parts of ordinances inconsistent with
this chapter be and the same are hereby repealed to the extent of
such inconsistencies.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.