[HISTORY: Adopted by the Borough Council of the Borough of Haledon 2-7-2001 by Ord. No. 1-17-2001. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD, THE
- The Board of Health of the Borough of Haledon.
- BODY PIERCER
- One who engages in body piercing.
- 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.
- CERTIFICATE OF INSPECTION
- 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.
- HEALTH OFFICER
- The Haledon Borough Sanitary Inspector 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 that art of tattooing or body piercing on the person of another.
- A bacterial treatment of cleaned surfaces by a process which is effective in reducing the number of microorganisms to a safe level.
- SINGLE USE
- 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.
- Destruction of all forms of microbiotic life, including spores.
- TATTOO ARTIST
- One who engages in tattooing.
- TATTOO, TATTOOED, or TATTOOING
- 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.
It shall be unlawful for any person to engage in the business of operating an establishment where tattooing or body piercing is performed without first obtaining a license from the Borough of Haledon Board of Health to engage in such business in accordance with the provisions hereof.
An application for an initial license shall be made to the Board of Health of the Borough of Haledon, accompanied by a fee in the amount of $1,000.
Application for licenses under this chapter shall be made to the Haledon Board of Health, in writing, upon such printed forms as the Haledon Board of Health shall prescribe and prepare; such forms may be obtained from the Haledon Board of Health and shall be signed by the applicant under oath and shall contain the following information:
If an individual, the full name, age, sex, and residence address at the time of application and the name under which the business is to be conducted.
If a corporation, the full corporate name, the date and the state of incorporation, the 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.
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.
The education and/or business experience of the applicant in the business or occupation for which the license is sought.
The length of time that the applicant has been engaged in such business or occupation.
Whether the applicant carries public liability insurance, and if so, the amount of said coverage and the company providing such liability insurance.
Whether the applicant has ever been convicted of any criminal violation; the date, nature and disposition of such criminal charges, summons, complaint or indictment.
Name, address and age of every person to be initially employed to conduct the service. It shall be a continuing obligation for licensees to update the list of employees.
State the date upon which Zoning Official has approved the location for the business and the Construction Official has issued a building permit.
Investigation and issuance. Upon receipt of an application, the Board of Health will cause to be conducted a brief inquiry by the Police Department, Zoning Official and any other department or agency of the Borough of Haledon or State of New Jersey to verify the information contained in the application. Such inquiry shall be designed to include the reputation, business responsibility, reliability, criminal background and motor vehicle license abstracts of the applicant and all persons having management or supervision. It shall further include an inquiry or investigation of the proposed location and items proposed to be sold or used in the business or enterprise of tattooing or body piercing.
The Board of Health may deny an application where the investigation or inquiry demonstrates that:
The information set forth in the application is incomplete or fraudulent.
The applicant or any person conducting the business has been convicted of a crime or disorderly person offense which has not been expunged pursuant to N.J.S.A. 2C:52-1 et seq. or pardoned and which offense relates adversely to the business for which the license is sought. In this regard the Board of Health shall be guided by N.J.S.A. 2A:168A-2.
The applicant has within four months of the application been addicted to the habitual use of drugs or intoxicating liquors.
The business property and location do not comply with requirements for business use, as same are set forth by the Zoning Official, and/or other departments or agencies of the Borough of Haledon.
The Board of Health shall not issue any license until the Haledon Sanitary Inspector shall have issued a certificate stating that the proposed establishment, instruments and applicant have met all applicable state, federal and municipal health codes and regulations.
No license or renewal thereof granted under the provisions of this chapter shall be assignable or transferable. Any changes of ownership shall require a new application and license with payment of fees.
The renewal license fee for engaging in the business of operating an establishment subject to this chapter within the Borough of Haledon shall be $1,000 per year. All licenses shall expire on the last day of each calendar year. All applications for renewal must be presented to the Board in writing, on forms prescribed by the Board, no later than December 31 of the old license year.
If renovations of the tattoo or body piercing establishment occur, plans must be submitted to the Haledon Board of Health, and the applicant will be required to comply with § 362-4 herein, as well as all other applicable codes, regulations or laws and this chapter.
In the event that an applicant fails to qualify for a license under this chapter, the fee herein shall not be refunded.
The license issued pursuant to this chapter shall be posted conspicuously in the place of business or location named therein.
The number of licenses issued in the Borough of Haledon shall be limited to one for every 10,000 of its population as shown by the last then preceding federal census. For this purpose, no part of 10,000 shall suffice to warrant an additional license.
The licensed establishment shall manage all waste materials contaminated by contact with bodily fluids as contaminated waste pursuant to N.J.A.C. 7: 26-3A.8. Any establishment licensed under this chapter shall be licensed with the State of New Jersey as a medical waste generator, pursuant to N.J.A.C. 7: 26-3A.8 prior to approval by the Board of Health.
No person shall practice the art of tattooing or body piercing within the Borough of Haledon without first obtaining a certificate from the Board of Health.
All certificates shall be valid from the date of issuance and shall automatically expire in three years from the date of issuance unless revoked sooner by the Board of Health.
Requirements for certificate; temporary certificate.
No certificate to practice the art of tattooing or body piercing shall be issued unless:
The applicant furnishes proof of having previously held such a certificate; or
The applicant furnishes proof of having served an apprenticeship in tattooing under an operator's certificate pursuant to this section for a period of at least three years or apprenticeship in body piercing under an operator's certificate pursuant to this section for a period of at least 18 months; or
The applicant furnishes proof of having practiced the art of tattooing or body piercing as a full-time occupation prior to the date of the passage of these regulations; and
The applicant furnishes proof of having attended a bloodborne pathogens training program given or approved by the Department within the past three years; and
The applicant pays a fee of $50 for initial operator certification and a fee of $50 for each subsequent renewal certification for the same operator.
Upon adoption of these regulations, individuals who comply with all of the above provisions except Subsection J(3)(a) relating to bloodborne pathogens training will be issued a temporary certificate valid for a period of six months. At the end of this period, upon proof of completion of such training, a permanent certificate (valid for three years) will be issued.
No certificate shall be issued unless, following reasonable investigation by the Board of Health, the tattoo/body piercing operator has demonstrated compliance with the provisions of this section and all other provisions of this chapter.
All certificates shall be conditioned upon continued compliance with the provisions of this section as well as all applicable provisions of this chapter.
The certificate shall be posted in a prominent and conspicuous area where it may be readily observed by patrons.
Any person certified as a tattoo/body piercing operator pursuant to this section may apply to the Board of Health for one or more apprentice certificates which, upon issuance, will allow the apprentice named thereon to practice tattooing in the establishment of and under the direct supervision of the certified operator named thereon, for a period of three years of practice tattooing/body piercing in the establishment of and under the direct supervision of the certified operator named thereon, for a period of 18 months.
The applicant shall pay a fee of $50 for each apprentice certificate.
The apprentice certificate shall be posted in a prominent and conspicuous area where it may be readily observed by patrons.
Age. 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 twenty-first birthday. The operator shall obtain a copy of a photo ID of such individual being tattooed and/or pierced.
Each person wishing to receive a tattoo or body piercing must first apply to the operator on a form approved by the Haledon Board of Health. A tattoo or body piercing may be applied no sooner than one hour after the time the application is received by the tattooist or body piercer. If the applicant is suspected to be under the influence of alcohol, drugs or any other behavior-modifying substance, the operator must refuse the applicant.
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 § 362-3B is to include the name, age, date of birth, address and telephone number of the applicant as well as the name of the person who did the tattoo or body piercing, the design, location, ink lot number(s) and the date of the tattoo or type of body piercing done.
Each tattoo or body piercing facility shall have a bathroom accessible to the public and staff. Each bathroom shall be equipped with a commode and a sink, with the sink being connected to hot and cold running water. Antibacterial liquid soap and sanitary towels, or other approved hand-drying devices, shall be available at the sink at all times. Common towels are prohibited. In addition to the above, a tattooing or body piercing cubicle or work station must be provided with a sink connected to hot and cold running water. This area shall also be supplied with antibacterial liquid soap and appropriate hand-drying facilities. Employee handwashing signs shall be posted in each bathroom.
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.
The work table or counter used by the tattoo artist or body piercer shall be smooth, easily cleanable and constructed of material that is nonabsorbent. There shall be a coved junction between the table/counter and the wall if the table/counter is to be placed against the wall. This table/counter must be cleaned and sanitized (utilizing a method approved by the Haledon Board of Health) between customers.
The walls in the tattooing or body piercing area shall be smooth and easily cleanable and constructed of a nonabsorbent material.
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.
Lighting within the tattoo or body piercing area shall be adequate so as to provide a minimum of 100 footcandles in all areas.
The work area reserved for the application of the tattoo or body piercing shall be separated form other areas of the establishment by walls or durable partitions. Walls or durable partitions shall be smooth and easily cleanable and constructed of a nonabsorbent material, extending at least six feet in height and so designed as to discourage any persons other than the customer and the tattoo artist or body piercer form being in the work area.
Any surfaces in the establishment that become exposed to blood or body fluids must be cleaned and sanitized, utilizing a method approved by the Haledon Board of Health.
Products used in the cleaning, sanitizing and sterilizing procedures must be clearly marked and stored in an acceptable manner. Smaller working containers filled on site from larger containers must be clearly marked with the name of the product.
Proper waste receptacles shall be provided, and waste shall be disposed of at appropriate intervals.
The use of tobacco in any form while engaging in tattooing and/or body piercing procedures is prohibited. The use of tobacco shall be restricted to areas physically removed from tattoo/body piercing work areas.
The consumption of food or drink shall be prohibited in the tattoo/body piercing work areas of the parlor.
Only articles considered necessary to the routine operation and maintenance of the tattoo/body piercing workroom operation shall be permitted in the tattoo parlor.
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.
Effective measures shall be taken to protect the establishment from the entrance, presence or breeding of insects and rodents on the premises.
Anyone using pesticides must be certified by the State of New Jersey Department of Environmental Protection for application of same.
The use of pesticides shall not result in the contamination of dyes, inks, ink reservoirs, needles, jewelry or gloves or any equipment used in connection with the operation.
Tattooing and/or body piercing establishments shall operate Monday through Saturday only.
Tattoo artist or body piercer:
The operator must make Hepatitis B preexposure vaccinations available to all employees at the employer's cost. If an employee refuses vaccination, such refusal shall be documented. If an unvaccinated employee seeks vaccination at a later date, it shall be provided upon request at the employer's cost.
All tattoo artists and/or body piercers licensed under this chapter shall have passed an examination administered by an appropriate organization such as the American Red Cross that shows knowledge of sterile technique and universal precautions to ensure that infection and contagious disease shall not be spread by tattooing or piecing practices. All employees must be recertified yearly, and copies of certifications from the American Red Cross or other organization approved by Sanitary Inspector shall be sent to the Haledon Board of Health.
Before working on each patron, each tattoo artist or body piercer shall scrub and wash his/her hands thoroughly with hot water and antibacterial soap using his/her individual hand brush. Fingernails shall be kept clean and short.
Disposable antiallergic 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 as described by the Centers for Disease Control and Prevention (CDC) shall be followed. All materials shall be disposed of in accordance with § 362-5E of this chapter after contact with any patron. Hands shall be washed immediately after removal of gloves. Any surface that has contact with blood shall be washed immediately.
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.
All infections 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.
Tattooing or body piercing shall be done only on normal, healthy skin surface that is free of moles or infection.
Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to § 362-5E of this chapter after each use, and new blades shall be used for each patron.
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.
Before the piercing of mucous membranes (i.e., oral, nasal, vaginal, etc.), the area to be pierced shall be treated with an industry-appropriate and medically indicated antiseptic solution.
Only petroleum jelly (U.S.P. 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 be used.
Tattooing or body piercing.
The use of single-service hectographic stencils shall be required for applying a tattoo outline to the skin. Multiuse stencils shall be prohibited.
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. It shall be the responsibility of the operator to provide certification to the Haledon Board of Health of the nontoxicity of the dyes or inks at the time of license application and renewal.
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.
The completed tattoo shall be washed with sterile gauze 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.
Upon completion of piercing of the mucous membranes, the area shall be disinfected with the industry-appropriate and medically indicated solutions.
Needles and instruments.
Only single-service sterilized needles and needle bars shall be used for each patron.
If solder is used in manufacturing needles, needle bars or needle tubes, it must be free of lead.
Any needle that penetrates the skin of the tattoo artist or body piercer shall be immediately disposed of in accordance with § 362-5E of this chapter.
Needle tubes shall be soaked in soapy water, then scrubbed with a clean brush, then rinsed clean. Needle tubes shall be sterilized in accordance with § 362-5D(5), stored in sterile bags and maintained in a dry, closed area.
Each item to be sterilized shall be individually wrapped using chemical indicator bags or chemical indicator strips. Sterilization shall be by steam sterilization. The sterilizer 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 weekly use of biologic indicators (i.e., spore tests). A logbook of these weekly test results shall be available, and a test may be required to be done during any inspections.
If the primary source of sterilization malfunctions, the Haledon Board of Health shall be notified within 24 hours. In an emergent situation, the Haledon Board of Health may approve alternate sterilization techniques.
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.
Disposal of waste. All used needles, needle bars or other tools used in the tattooing process, as well as gloves, gauze and other materials contaminated with blood or body fluids, shall be removed through the use of a licensed medical waste hauler. Information pertaining to the licensed medical waste hauler must be given to the Haledon Board of Health.
Any person who violates any provision of this chapter shall, upon conviction, be punishable by a fine of not more than $1,000 or imprisonment for a term not to exceed 90 days. Each day that such violation continues shall be deemed as separate offense.
Reasonable counsel fees and costs incurred by the Borough in the enforcement of this chapter shall be paid by the defendant. The amount of such reimbursable fees and costs shall be determined by the court hearing the matter.
After due written notice and hearing, the Board of Health may suspend or revoke any license issued under this chapter for violation of the provisions of this chapter.