[HISTORY: Adopted by the City Council of the City of Franklin 10-4-1993
by Ord. No. 93-3. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 199.
This chapter has been enacted pursuant to the authority granted the
city by RSA 31:39m, effective July 1, 1985.
For the purpose of this chapter, the following words and phrases when
used herein shall be construed as follows:
A device specifically designed to clean under fingernails and to
work the cuticle of the fingernail to ensure cleanliness.
To mark or color the skin by pricking in coloring matter so as to
form indelible marks. The practice of marking the body by the production of
scars is prohibited.
Any person who actually performs the work of tattooing.
Any room or space where tattooing is practiced or where the business
of tattooing is conducted or any part thereof.
Any person who controls, operates, conducts or manages any tattoo
establishment, whether actually performing the work of tattooing or not.
A.
No person shall operate a tattoo establishment or engage
in the practice or business of tattooing as a tattoo operator or as a tattoo
artist unless such person shall first obtain a permit from the City of Franklin
Health Department or its Health Officer or his or her duly appointed agent
(hereinafter referred to as "Health Officer"). Applications for such permits
shall be made in writing on a form prescribed by the City of Franklin, wherein
the applicant shall agree to conform to all rules and regulations governing
such places now in effect or as subsequently enacted and to authorize and
permit such examination and inspection as may be deemed necessary by the Health
Officer.
B.
Mobile tattoo establishments shall not be permitted within
the city limits.
A.
A tattoo parlor is required to have a permit and will
be charged yearly a fee of $150 for the issuance of such a permit. Said tattoo
parlor is to be located in a commercially zoned space of no less than 500
square feet and is to be divided into three separate areas (waiting area,
operating room and sterilization/work area).
B.
Form and transfer of permits. All permits shall be issued
annually during the month of January and in the name of the individual person
or incorporated business applying therefor, shall give the location of the
tattoo establishment where said applicant will operate and shall not be transferable.
C.
Public display of permit. It shall be the duty of the
operator or owner of a tattoo establishment to display the current permit
in a conspicuous place where it may be readily observed by the public.
It shall be the duty of the Health Officer to cause inspections to be
made on a recurring basis at least twice per year of all tattoo establishments
and the equipment thereof. If said place of business is not maintained, conducted
or operated in conformity with the requirements of this chapter as now enacted
or as subsequently amended, then the Health Officer may suspend or revoke
the permit of the operator or artist until said tattoo establishment and the
operation thereof are made to conform to the requirements of this chapter.
A.
Records for each patron or customer shall be kept and
maintained by the operator of each tattoo establishment, which record shall
contain the name, address and signature of each patron or customer. All records
shall be available for inspection upon request of the Health Officer. Records
shall be maintained for a minimum of two years.
B.
The operator shall inquire if the patron has at any time
experienced a jaundice condition or been infected with hepatitis. Those indicating
a history of jaundice or hepatitis shall not be tattooed.
C.
The operator is required to have each patron sign an
informed consent document listing the potential side effects and the permanent
nature of the tattoo.
A.
Each tattoo establishment shall have an operating area
which shall be separate and apart from a waiting room, a public room or rooms
that may be used for other than tattooing purposes. Patrons or customers shall
be tattooed only in said operating room.
B.
The operating area shall be equipped with hot (at least
180°) and cold running, potable water, together with such sinks and basins
as may be necessary.
C.
Furniture and furnishings used within the operating room
shall be constructed of such material as to permit proper cleansing with hot
or cold disinfecting solutions.
D.
There shall be no exposed sewerage lines overhead so
as to create a potential hazard to the sanitary environment of the establishment.
E.
All operating tables shall be constructed of easily cleanable
material with a smooth, washable finish and at least six feet from any observer
or waiting customers and/or separated by a panel at least four feet high.
F.
The operating room shall have proper and sufficient lighting
as needed to perform the tattooing process.
A.
There shall be available within said tattoo establishment
adequate hot and cold potable, running water, soap, betadine, germicidal solution,
individual hand scrub brushes and fingernail files or orange sticks for each
tattoo artist.
B.
Each tattoo artist shall scrub his or her hands and forearms
with betadine solution or soap and brush, clean his or her fingernails with
an individual file or orange stick and thoroughly rinse his or her hands in
a germicidal solution before working on each patron or customer. An individual
disposal towel or napkin shall be used for drying the tattoo artist's
hands and arms after rinsing. Hibiclens or other hospital-grade surgical scrub
may be substituted for betadine.
C.
Each tattoo artist shall wear clean clothes or a lab
coat. Surgical gloves shall be worn during the tattooing process. All surgical
gloves shall be disposed of after each patron.
D.
Disinfectants.
(1)
The following table summarizes the disinfectants that
shall be used in the tattooing procedure:
Agent
|
Preparation
|
Uses
| |
---|---|---|---|
Hypochlorite (e.g. Chlorox)
|
Make up daily; 5,000 parts per million
|
Disinfection of needles before disposal
| |
Glutaraldehyde (e.g. Cidex)
|
Make up weekly using activator; do not dilute
|
Pigment capsule, motors and damp wiping motors
| |
70% Spirit/alcohol
|
Do not dilute
|
Skin, tabletops and metals
| |
Clear phenolics (e.g. Hycolin)
|
Make up daily
|
Tabletops and damp wiping motors
| |
Tincture of green soap
|
Make up daily; 5-1
|
Disinfects skin and equipment
|
(2)
Solutions of proven equivalence may be approved by the
Health Officer.
A.
A steam sterilizer approved by the Health Officer shall
be on site at each establishment. Tattoo instruments and accessories, dyes,
stencils and other materials used in tattooing that come in contact with the
patron or customer shall be stored in closed cabinets which shall be maintained
in a sanitary condition.
B.
Instruments used in tattooing, such as needle bars, grips
and tubes, shall be sterilized before using on each customer by autoclaving
at a temperature of 121.5° C. or 250.7° F. for 55 minutes under a
pressure of 15 pounds per square inch.
C.
Autoclaving shall be the method of sterilization. All
tubes, grips and needle bars shall be left in the self-sealing sterilization
pouches used during the autoclaving process.
The floor of the operating room of the tattoo establishment shall be
of impervious material and shall be, at all times, maintained in a clean condition.
The walls and ceiling of the operating room shall be a light color, shall
be maintained in good repair without flaking or chipping and shall be of such
material as to permit cleaning.
A.
The tattoo establishment shall have proper facilities
for the disposition of biomedical waste materials as now defined by state
or federal regulations and as subsequently defined. A contract with an approved,
licensed biomedical waste company is required.
B.
Sufficient toilet, urinal and hand washing facilities
shall be accessible to customers, operators and artists within the tattoo
establishment.
A.
When it is necessary to shave the area to be tattooed,
a new blade for each patron shall be used. When a safety razor is employed,
the permanent parts of said razor shall be treated as hereinafter set forth
for the care of a straight razor.
B.
If a straight razor is used, it shall be cleaned with soap and water, rinsed in clean water and then sterilized by autoclaving (per § 269-10B) before the razor is used again on another person.
C.
After shaving the area to be tattooed or if the area
does not need to be shaved, the site of the tattoo shall be cleaned with soap
and hot water and rinsed with clean water and germicidal solution applied
in a sanitary manner before the design is placed on the skin. Only individual
towels shall be used in preparing the site to be tattooed, and they shall
be properly disposed of after use on each patron.
D.
If petroleum jelly (e.g. Vaseline) is applied, it shall
be done with a sterile swab or sterile syringe.
If acetate stencils are to be used, the stencil for transferring the
design to the skin shall be thoroughly cleaned and rinsed in a germicidal
solution approved by the Health Officer following each use and shall be maintained
in a clean, sanitary condition.
A.
A sterile set of needles shall be used for each patron or customer. Needles used in tattooing shall be sterilized by autoclaving (per § 269-10B) after each use and, if not immediately used, stored in sterile containers. The open end of the needle tube of the tattooing machine shall be cleaned and sterilized in a similar method after each use. The use of disinfectants does not constitute an approved sterilization method.
B.
Excess dye applied to the skin shall be removed with
individual, pattern-free paper towel. The area tattooed shall then be medicated
and the entire site covered with surgical dressing. The use of paper napkins,
other materials and masking tape for dressings is prohibited.
C.
Single-service or individual containers of dye or ink
shall be used for each patron, and any remaining ink or dye in the container
following the procedure shall be discarded.
D.
Single-use containers shall be disinfected prior to use.
E.
Tattooing, including the changing or repairing of previous
tattoos, shall not be performed on the hands below the wrist line, on the
feet below the ankle, on the head or face above the collar line or on the
genitalia, nor shall such tattooing be undertaken at the site of an obviously
recent hypodermic injection.
F.
No tattoo operator or artist shall remove or attempt
to remove any tattoo.
A.
Written instructions, approved by the Health Officer,
shall be given to each patron or customer on the care of the tattooed site
to prevent infection after each tattooing. A copy of these instructions shall
also be posted in a conspicuous place in the tattoo establishment, clearly
visible to the person being tattooed.
B.
All infections resulting from the practice of tattooing
which become known to the operator shall be reported to the Health Officer
by the owner of the tattoo establishment.
A.
Anyone operating an unlicensed tattoo establishment or
an establishment that has had its license revoked or an establishment in an
unapproved site shall face court action and fines up to $1,000 per offense
(RSA 31:39, III, effective August 9, 1983). If said unlicensed tattoo establishment
is in a private residence (unapproved site), the fine will be $1,000, and
confiscation of all tattoo equipment, per offense.
B.
At the discretion of the Health Officer, noncompliance
with any of the provisions of this chapter may result in the issuance of a
citation for each day of noncompliance.