[HISTORY: Adopted by the Council of the Borough
of Fair Lawn 5-23-2000 by Ord. No. 1800-2000. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
One who engages in body piercing.
Refers to the piercing of any portion of the human body for
placement of any type of jewelry or any other ornamentation, other
than ear lobe piercing.
Written approval from the Health Officer or his/her authorized
representative that said tattooing or body piercing establishment
has been inspected and meets all of the terms of this chapter.
The premises wherein tattooing or body piercing is performed.
The Fair Lawn Borough Health Officer or his/her authorized
representative.
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 on the person of another.
A document or other written or memorialized instrument setting
forth the presenter's true name, address, correct age or other identifying
data, examples of which include but are not limited to driver's license,
credit card issued by a national company, birth certificate, passport,
employment identification card or any instrument issued by a governmental
agency setting forth the pertinent and required information.
A bacterial treatment of cleaned surfaces by a process which
is effective in reducing the number of microorganisms to a safe level.
Products or items that are disposed of after use on each
client, including, but not limited to, cotton swabs or balls, tissues
or paper products, paper or plastic cups, gauze and sanitary covering,
razors, needles, scalpel blades, stencils and ink cups.
The destruction of all forms of microbiotic life, including
spores, through the use of a steam sterilizer or autoclave.
Refers to any method of placing designs, letters, scrolls,
figures, symbols or any marks 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 puncture the skin.
One who engages in tattooing.
A.
It shall be unlawful for any operator to engage in
the business of operating an establishment where tattooing or body
piercing is performed without first obtaining a license from the Fair
Lawn Health Department to engage in such business in accordance with
the provisions hereof.
B.
An application for an initial license shall be made to the Health Department of the Borough of Fair Lawn accompanied by a fee as provided in § 94-12HH.
[Amended 1-29-2013 by Ord. No. 2258-2013]
(1)
Application for licenses under this chapter shall
be made to the Fair Lawn Health Department, in writing, upon such
printed forms as the Fair Lawn Health Department shall prescribe and
prepare. Such forms as the Board of Health shall prescribe and prepare
may be obtained from the Fair Lawn Health Department and shall be
signed by the applicant under oath and shall contain the following
information:
(a)
If an individual, the full name, age, sex and
residence address at the time of application.
(b)
If a corporation, the full corporate name, the
date and the state of incorporation, address of the place or places
of business, the name and address of the registered agent and the
name, address and age of any principal owning more than 10% of the
stock.
(c)
If a partnership, the information required by Subsection B(1)(a) above for each partner and the name under which the business is being conducted.
(d)
The apprenticeship, training and/or business
experience of the applicant in the business or occupation for which
the license is sought.
(e)
The length of time that the applicant has been
engaged in such business or occupation.
(f)
Whether the applicant carries public liability
insurance and, if so, the amount of said coverage and the company
providing such liability insurance.
(g)
Name, address and age of every tattoo artist
and/or body piercer to be initially employed to conduct the service.
This shall be a continuing obligation for licensees to update once
a year the list of tattoo artists and/or body piercers employed by
the establishment.
(h)
State the date upon which Construction Official
has approved the location for business.
C.
No ownership rights in any license or renewal thereof
granted under the provisions of this chapter shall be assignable or
transferable without the permission of the Health Department whose
permission shall not be unreasonably withheld. Any change of ownership
shall require a new application and license with payment of fees.
D.
The renewal license fee for engaging in the business of operating an establishment subject to this chapter within the Borough of Fair Lawn shall be as provided in § 94-12HH. All licenses shall expire on the last day of each calendar year. All applications for renewal must be presented to the Health Department in writing on a form prescribed by the Health Department within 30 days of the end of the calendar year.
[Amended 1-29-2013 by Ord. No. 2258-2013]
E.
All establishments existing at the time of the enactment of this chapter will be considered renewal applications, provided that they apply for renewal of said license within one month after the effective date of this chapter. Establishments failing to apply within the specified time period will be considered new applicants and will be subject to the provision of Subsection B of this section.
F.
If renovations of the tattoo or body piercing establishment occur, plans must be submitted to the Fair Lawn Health Department and the applicant will be required to comply with § 213-4, herein, as well as all other applicable codes, regulations or laws.
G.
In the event that an applicant fails to qualify for
a license under this chapter, the fee herein shall not be refunded.
H.
The license issued pursuant to this section shall
be posted conspicuously in the place of business or location named
therein.
I.
All establishments shall manage contaminated (body
fluids) contact waste materials as medical waste pursuant to N.J.A.C.
7:26-A.8. All establishments shall be licensed with the State of New
Jersey as a medical waste generator, pursuant to N.J.A.C. 7:26-A.8,
prior to approval from the Fair Lawn Health Department.
A.
It shall be a violation of this chapter for anyone
or any tattoo or body piercing business to tattoo or body pierce any
individual under 18 years of age without authorization signed by the
parent or legal guardian, witnessed and attested to by a notary public.
The operator shall be responsible for maintaining the original consent
form and copies of all consent information for a period of two years
beyond the recipient's 18th birthday. The operator shall obtain a
copy of a two forms of personal identification of such individual
being tattooed and/or pierced.
B.
Each person wishing to receive a tattoo or body piercing
must first sign a consent form presented by the operator, the content
of which has been approved by the Fair Lawn Health Department. This
form shall commence with the following statement: "I swear, certify
or affirm under the penalties of false swearing or perjury the following
information." The consent form shall contain language above the applicant's
signature which shall read, "I have read and understand the contents
of this form, and acknowledge that an operator of the above-named
tattoo and/or body piercing establishment has reviewed the same with
me. I have presented to the operator the following forms of identification
which I represent, warrant and guarantee are truthful and correct
and are identification that relates to me. I further represent that
I am an adult over the age of 18, and am not currently intoxicated
or under the influence of any narcotic substance, and make this statement
entirely of my own free will and sound mind." The form shall also
include a signature line for the operator above which the following
language shall appear: "I have reviewed the language of this form
with the applicant who has represented to me that he/she fully understands
the contents of same, and that the information provided is truthful,
in addition, I have reviewed the documentation presented by the applicant
with respect to his/her age." If the applicant appears to be visibly
intoxicated or disoriented, the operator must refuse the applicant.
C.
All records regarding tattoos or body piercing are to be maintained for a minimum of two years. Information required for each applicant referred to in § 213-3B is to include the name, age, date of birth, health history, including allergies and medical conditions, home address and telephone numbers of the applicant as well as the name of the person who did the tattoo or body piercing, the design, location and the date of the tattoo or type of body piercing done.
A.
Each tattoo or body piercing facility shall have a bathroom accessible to the public and staff and a stainless steel sink in a separately designated sterilization room which is to be used by staff only as required by Subsection I of this section. The sink in the sterilization room shall be connected to hot and cold running water. Each bathroom shall be equipped with a commode and a sink, with the sink being connected to hot and cold running water. Soap and sanitary towels, or other approved hand drying devices, shall be available at the sink in the bathroom(s) and sterilization room at all times. Common towels are prohibited. Employee hand washing signs shall be posted in each bathroom and sterilization room. There shall be no door requiring the use of a tattoo artist/body piercer's hand in going from a hand-washing area to a work area.
B.
The chair or seat reserved for the person receiving
the tattoo or body piercing shall be a material that is smooth and
easily cleanable and constructed of material that is nonabsorbent.
Any surface on the chair that becomes exposed to blood or body fluids
must be cleaned and sanitized prior to use by the next customer.
C.
The worktable or counter used by the tattoo artist
or body piercer shall be smooth and easily cleanable and constructed
of material that is nonabsorbent. There shall be a nonpermeable juncture
between a table/counter and a wall if the table/counter is to be placed
against a wall. This table/counter must be cleaned and sanitized (utilizing
a method approved by the Fair Lawn Health Department) between customers.
D.
The walls in the tattooing or body piercing area shall
be smooth and easily cleanable and constructed of a nonabsorbent material.
E.
The floor in the tattooing or body piercing area shall
be of durable material that is nonabsorbent and is smooth and easily
cleanable. Floors shall be kept clean.
F.
Lighting within the tattoo or body piercing area shall
be adequate so as to provide a minimum of 100 footcandles in all areas.
Such illumination shall be reasonably free from glare and distributed
to avoid shadows.
G.
Each establishment must contain at least one enclosed
privacy room so as to protect the confidentiality of the applicant
and revelation of the service provided. The privacy room must be used
when tattooing or body piercing is to be performed on either female
breasts or the buttocks or groin areas of males or females. The privacy
room shall have a swinging-type door for ingress and egress and be
separated from other areas of the establishment by either walls or
durable partitions, or other materials able to be sanitized, extending
at least six feet in height and so designed to prevent visual observation
of the customer and the tattoo artist from any other area by any persons
other than the customer and the tattoo artist or body piercer.
H.
Any surfaces in the establishment that become exposed
to blood or body fluids must be cleaned and sanitized, utilizing a
method approved by the Fair Lawn Health Department.
I.
Cleaning, disinfection and sterilization activities
must be conducted in a physically separate work area. This area should
have a clearly defined work pattern from soiled to clean in order
to prevent cross-contamination. All sterile equipment must be stored
in enclosed cabinets outside of the processing room. All containers,
regardless of size, must be clearly marked with the name of the product.
J.
Proper waste receptacles shall be provided, and waste
shall be disposed of at appropriate intervals.
K.
The use of tobacco in any form in the establishment
is prohibited.
L.
The consumption of food or drink shall be prohibited
in the tattoo/body piercing work areas of the parlor.
M.
Only articles considered necessary for the routine
and customary operation and maintenance of the tattoo/body piercing
business shall be permitted in the tattoo or body piercing establishment.
N.
No live bird, turtle, snake, dog, cat or other animal
shall be permitted in any area used for the conduct of tattooing and/or
body piercing operations or in the immediate open, adjacent areas,
including the main waiting area and the public access to the toilet
room, with the exception of animals utilized for the assistance of
the blind and/or deaf.
O.
Effective measures shall be taken to protect the entrance
into the parlor and the breeding or presence on the premises of insects
and rodents.
P.
Proper ventilation and exhaust will be provided.
A.
Tattoo artist or body piercer/operator certificate.
(1)
No person shall practice the art of tattooing or body
piercing within the Borough of Fair Lawn without first obtaining a
certificate from the Department.
(2)
All certificates shall automatically expire on December
31 annually.
(3)
No certificate to practice the art of tattooing or
body piercing shall be issued unless:
(a)
The applicant furnishes proof of having previously
held such a certificate; or
(b)
The applicant furnishes proof of having practiced
the art of tattooing or body piercing as a full-time occupation, which
may take the form of a letter from a tattoo and/or body piercing establishment
representing that the applicant is/was employed by said establishment
as a tattoo artist or body piercer, or that the applicant presently
operates or had in the past operated a tattoo or body piercing establishment,
or had in the past or presently maintains an ownership interest in
a business, partnership or corporation which operates or operated
a tattoo or body piercing establishment; and
(c)
The applicant furnishes proof of having attended
blood borne pathogen training which includes principles of disinfection
and sterilization. Compliance with this subsection will be waived
for guest tattoo artists retained by the establishment so long as
the customer upon whom the guest tattoo artist is to provide the service
is provided with prior written notice that the guest tattoo artist
has not attended blood borne pathogen training, including principles
of disinfection and sterilization; and
(d)
Proof of Hepatitis B preexposure vaccination
or proof of immunity is recommended for all tattoo artists or body
piercers. Notwithstanding the foregoing, all tattoo artists or body
piercers shall provide the Fair Lawn Health Department with one of
the following:
[1]
Proof of Hepatitis B preexposure vaccination
or proof of immunity; or
[2]
A letter or statement from a physician certifying
that the individual does not have Hepatitis B and the vaccination
is contraindicated; or
[3]
A written statement or letter signed by the tattoo artist or body piercer declining to provide the information sought in the immediately preceding Subsection A(3)(d)[1] or [2].
(e)
The operator shall develop operating guidelines,
in accordance with the Centers for Disease Control (CDC) and Occupational
Safety and Health Administration (OSHA), that will reduce the likelihood
of accidental needle sticks, and establish a monitoring system for
those person(s) accidentally stuck by a needle. The guidelines shall
be submitted to the Fair Lawn Health Department for approval prior
to the issuance of a license and subsequent renewals of license; and
(f)
The applicant pays the initial and annual certificate
fee of $25.
(5)
Certificates shall be issued unless the Fair Lawn
Health Department demonstrates that the tattoo/body piercing operator
has failed to comply with the provisions of this section after being
afforded reasonable opportunity to cure any deficiencies found in
its application.
(6)
All certificates shall be conditioned upon continued
compliance with the provisions of this section as well as other applicable
provisions.
(7)
The certificate shall be posted in a prominent and
conspicuous area where it may be readily observed by patrons.
(8)
The operator of a tattoo/body piercing establishment
shall submit a written aftercare plan to the Fair Lawn Health Department.
Body piercing establishments will submit an aftercare plan specific
to each body site intended to pierce.
(9)
Before working on each patron, each tattoo artist
or body piercer shall scrub and wash his/her hands thoroughly with
hot water and antiseptic soap. Fingernails shall be kept clean and
short.
(10)
Disposable vinyl or latex gloves shall be worn by the tattoo artist or body piercer during tattoo preparation and application to prevent contact with blood or body fluids. Universal precautions described by the Centers for Disease Control and Prevention (CDC) shall be followed. All materials shall be disposed of in accordance with § 213-5E of this chapter after contact with each patron. Hands shall be washed immediately after removal of gloves. Any skin surface that has contact with blood shall be washed immediately.
(11)
Immediately after tattooing or body piercing
a patron, the tattooist or body piercer shall advise the patron on
the care of the tattoo or body piercing in a written form and shall
instruct the patron to consult a physician at the first sign of infection
of the tattoo or body piercing. Printed instructions regarding these
points shall be given to each patron.
(12)
All medically diagnosed infections resulting
from the practice of tattooing or body piercing which become known
to the operator shall be promptly reported to the Health Officer by
the person owning or operating the tattoo or body piercing establishment
or by the tattoo artist or body piercer within 24 hours.
(13)
Employee health.
(a)
The establishment shall comply with all the
current OSHA requirements applicable to its operation.
(b)
No person affected with infected wounds, open
and infected sores and acute respiratory infection shall work in any
area of a tattoo or body piercing establishment in any capacity in
which there is a likelihood of contaminating tattoo or body piercing
equipment, supplies or work surfaces.
B.
Skin preparation.
(1)
Tattooing or body piercing shall be done only on normal,
healthy skin surface that is free of moles or infection.
(2)
Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to § 213-5E of this chapter after each use, and new blades shall be used for each patron.
(3)
Following shaving, the area shall be thoroughly cleansed
and scrubbed with tincture of green soap or its equivalent and warm
water. Before placing the design or body piercing on the patron's
skin, the area shall be treated with 70% alcohol and allowed to air
dry. Piercing of mucous membranes (i.e., oral, nasal, vaginal, etc.)
shall be treated with an industry appropriate and medically indicated
antiseptic solution prior to the procedure.
(4)
Only petroleum jelly (United States of America or
National Formulary) or antiseptic ointment shall be applied to the
tattoo area prior to tattooing or body piercing. The ointment shall
be applied in a sanitary manner, disposing of the utensil after spreading.
Collapsible tubes of ointment or jelly may also be used.
C.
Tattooing or body piercing.
(1)
The use of single-service hectographic stencils shall
be required for applying a tattoo outline to the skin. Multi-use stencils
shall be prohibited.
(2)
Only nontoxic dyes or pigments may be used. Premixed
sterile materials are preferred. Premixed dyes shall be used without
adulteration of the manufacturer's original formula. The operator
shall represent to the Fair Lawn Health Department, at the time of
license application and renewal, that to the best of his/her knowledge
the dyes and pigments used in tattoo applications are of nontoxic
origins and shall submit supporting documentation on same. The operator
shall also present to the Fair Lawn Health Department labels or manufacturer's
data sheets relating to dyes and pigments or such other written documentation
as is applicable to the dyes and pigments that they are non-toxic
or nonhazardous to human health.
(3)
Single-service or individual containers of dye or
ink shall be used for each patron and the container disposed of immediately
after completing work on each patron.
(4)
The completed tattoo shall be washed with sterile
gauze or single-use paper tissue and a solution of tincture of green
soap or its equivalent, then disinfected with 70% alcohol. The area
shall be allowed to air dry and antiseptic ointment shall be applied
and spread with sterile gauze and sterile dressing attached.
(5)
Upon completion of piercing of the mucous membranes,
the area shall be disinfected with the industry appropriate and medically
indicated solutions.
D.
Needles, instruments and dyes.
(1)
Only single-service sterilized needles and needle
bars shall be used for each patron.
(2)
If solder is used in manufacturing needles, needle
bars or needle tubes, it must be free of lead.
(3)
Any needle that penetrates the skin of the tattoo artist or body piercer shall be immediately disposed of in accordance with § 213-5E of this chapter.
(4)
Needle tubes shall be ultrasonically cleaned in a solution which is alconox or its equivalent, then scrubbed with a clean brush, then rinsed clean. Needle tubes shall be sterilized in accordance with § 213-5D(5), stored in sterile bags and maintained in a dry, closed area.
(5)
Each item to be sterilized shall be individually wrapped
using chemical indicator bags or chemical indicator strips. Sterilization
shall be by steam sterilization/autoclave. The autoclave shall be
well maintained with a tight-fitting gasket and clean interior. The
manufacturer's operating instructions and sterilization specifications
shall be at hand. The sterilizer shall conform to the manufacturer's
specifications with regard to temperature, pressure and time of sterilization
cycle. Proper functioning of sterilization cycles shall be verified
by the monthly use of biologic indicators (i.e., spore tests). A record
of these monthly test results shall be available, and a test may be
required to be done during any inspections. Establishments are required
to maintain an autoclave on site, with a minimum interior chamber
that is no less than seven inches in diameter and 15 inches in depth.
(6)
If the primary source of sterilization malfunctions,
the Fair Lawn Health Department shall be notified no later than four
hours after the deficiency. In an emergent situation, the Fair Lawn
Health Department may approve alternate sterilization techniques.
(7)
Needles and bars shall not be bent or broken prior
to disposal. Tattoo artists or body piercers shall take precautions
to prevent injuries from contaminated needles or tubes.
(8)
All dyes and inks shall be from a source of supply
which complies with applicable United States Food and Drug Administration
regulations when available. Dyes and inks are to be used in accordance
with the manufacturer's directions and are not to be adulterated with
any substance not recommended by the manufacturer.
(9)
Immediately before applying a tattoo, the quantity
of dye to be used for the tattoo shall be transferred from the dye
bottles and placed into sterile, single-use paper cups or plastic
caps. Upon completion of the tattoo, these single-use cups or caps
and their contents shall be discarded.
(10)
Excess dye or ink shall be removed from the
skin with a single-service wiping tissue or sterile gauze which shall
be discarded after each use.
E.
Disposal of waste. All used needles, needle bars or
other disposable tools used in the tattooing process, as well as gloves,
gauze and other materials saturated with blood or body fluids, shall
be removed through the use of a licensed medical waste hauler.
Temporary tattoo/body piercing establishments
are prohibited.
A.
Any person or entity who or which violates any section
of this chapter shall be subject to the following penalty: a fine
not to exceed $1,000; imprisonment not to exceed 90 days in the county
jail; community service not to exceed 90 days; or any combination
thereof in the discretion of the Municipal Court Judge. Each day that
the violation exists is considered to be a separate offense.
B.
After due notice and hearing, the Health Department
may suspend or revoke any license issued under this chapter for violation
of the provisions of this chapter.