[HISTORY: Adopted by the Board of Commissioners
of the Township of Long Beach 8-21-1998 by Ord. No. 98-22C. Amendments
noted where applicable.]
Per the New Jersey Department of Health and
Senior Services pre-proposal #PPR1997-4, and from other sources, it
is clear to the governing body of the Township of Long Beach that
the practice of utilizing invasive cosmetic procedures (ICP) for decorative
and cosmetic micropigmentation, commonly known as "body piercing,"
"tattooing" and/or "branding", is on the increase with little regulation
in place to protect against illness and injury that may occur from
such practices and with no accounting requirements for operators.
The governing body deems it to be in the best interest of the Township
of Long Beach for the public health, safety and welfare to adopt regulations
and licensing provisions to that end, and to provide for licensing
fees to cover the costs of investigating, administering and enforcing
such provisions. This chapter is not in any way to be interpreted
to limit other general and specific health and mercantile license
related code provisions.
As used in this chapter, the following terms
shall have the meanings indicated:
Piercing of the skin for the express purpose of insertion
of any object, including but not limited to jewelry; provided, however,
that the piercing of the lobes of the ears shall be specifically excluded
from the purview of this chapter. The practice of branding, the marking
of the human skin by the intentional application of a hot object,
shall be included in this definition and all regulations pertaining
thereto shall apply to such practice as applicable.
The Long Beach Island Board of Health.
A.
Any person, firm or corporation desiring to engage
in the body piercing business shall apply to the Township Clerk, in
writing, on forms supplied by the Township of Long Beach for said
purpose, which form shall be duly verified by the applicant. The application,
accompanied by the license fee hereinafter affixed, shall set forth:
(1)
Name and address of the applicant.
(2)
Local and permanent address(s) and telephone number(s)
of the applicant.
(3)
Name(s), local address(s) and telephone number(s)
of the manager of the business, if different from the applicant.
(4)
If the applicant is a corporation, the name and address
of the registered agent.
(5)
The name and address of a person residing in or employed
in the Township of Long Beach designated by the applicant to accept
service of process of any complaint arising out of an alleged violation
of the provisions of this chapter. Said designee may be the applicant.
(6)
Copy of the New Jersey sales tax certificate.
(7)
Federal employer identification number if the applicant
is a corporation, partnership or firm; social security number if the
applicant is a proprietorship.
(8)
A certification that the applicant is a citizen of
the United States or, if not, is the holder of documentation authorizing
the alien to be employed in the United States, such as an alien registration
card issued by the United States Immigration and Naturalization Service
on Form No. I-151, I-551, I-94, with an endorsement authorizing employment
in the United States, or the like.
(9)
If the applicant is a partnership, firm or corporation,
all information required by the application 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.
B.
Each applicant for a license must qualify for a mercantile license in accordance with Chapter 58 of the Township Code, and the requisite fee therefor, which is hereby established at $500, must be paid prior to the issuance of a license to engage in the body piercing business.
C.
Each body piercing business license issued by the
Township Clerk shall contain a registration number, and no such license
shall be transferable.
D.
Each establishment or practitioner shall provide the
Municipal Clerk proof of liability insurance current and not less
than $500,000 per claim.
Licenses issued pursuant to the provisions of this chapter shall be good only for the period of one year and shall be effective only from the date of issue each year. No license will be issued for a subsequent year without again complying with the provisions of § 58-3 of this chapter.
A.
It shall be unlawful to engage in the body piercing
business in the Township of Long Beach without first obtaining a license
therefor pursuant to the provisions of this chapter.
B.
No person, partnership, firm or corporation engaged
in the body piercing business, whether as an owner or an employee
therein, shall be issued a license to engage in body piercing, nor
engage in such activity, unless the premises at which such activity
is to be conducted and the equipment to be utilized in conjunction
therewith meet the following standards:
(1)
The room in which body piercing is done shall have
an area of not less than 10 feet by 10 feet. The walls, floors and
ceilings shall have an impervious, smooth and washable surface.
(2)
A toilet shall be adjacent to the area where body
piercing is performed. The lavatory shall be supplied with hot and
cold running water, soap and sanitary towels.
(3)
All tables shall be constructed of easily cleanable,
impervious materials and shall be separated from waiting customers
or observers by a panel at least four feet high.
(4)
The entire premises and equipment shall be maintained
in a clean, sanitary condition and in good repair.
(5)
There shall be displayed upon the premises, in plain
view, two eight-and-one-half-inch-by-eleven-inch notices regarding
local requirements.
C.
It shall be a violation for anyone to pierce any body
part of an individual under 18 years of age without authorization
signed by the parent or legal guardian and witnessed by the operator.
The operator shall be responsible for maintaining the original consent
form and copies of all consent information for a period of three years.
D.
If the client is suspected to be under the influence
of alcohol, drugs or other behavior-modifying substance, the operator
must refuse the client.
E.
Each person wishing a body piercing must fill out
an application which shall include the name, date of birth, address
and telephone number of the client, as well as the location(s) of
the piercing and the name of the operator.
F.
Written guidelines shall be established for the care
of the site after piercing and shall be approved by the local health
authority. Each client shall receive a written copy of the guidelines
for care of body piercing sites.
G.
Hepatitis B pre-exposure or proof of immunity is required
for all body piercing operators who use needles. Any accidental needle
stick injury shall be reported to the Health Department. If a person
cannot obtain the vaccination for medical reasons, he shall submit
to the Health Department a letter from his physician certifying that
the individual does not have hepatitis B and the vaccination is contraindicated.
H.
All body piercing operators may be required to attend
a training program sponsored by the Health Department to assure basic
knowledge of sterile technique and universal precautions.
I.
All persons, partnerships, firms and corporations
engaged in the body piercing business, whether as an owner or an employee
therein, shall utilize the following procedures in conducting the
body piercing business:
(1)
The operator shall wash his hands thoroughly with
an antiseptic and water before starting a piercing. The hands of the
operator shall be dried with individual, single-use towels.
(2)
Gloves shall be worn with any procedure that involves
contact with client's blood. The hands of the operator shall be thoroughly
washed after the procedure has been completed.
(3)
No piercing of the tongue, eyebrow or genitalia shall
be permitted.
(4)
No piercing shall be done on skin surface that has
rash, pimples, boils or infections, or manifest any evidence of unhealthy
conditions.
(5)
The area to be pierced shall first be thoroughly washed
with warm water and an antiseptic soap. A single-use sponge shall
be used to scrub the area.
(6)
Immediately after the piercing, the patron shall be
advised on the care of the site and to consult a physician at the
first sign of infection.
(7)
All infections resulting from body piercing which
become known to the operator shall be reported to the local Health
Department within 24 hours.
(8)
Ear piercing guns may not be used for body piercing,
but may only be used for piercing of ear lobes.
J.
All persons, partnerships, firms and corporations
engaged in the body piercing business, whether as an owner or an employee
therein, shall utilize the following standards of sanitation of instruments
utilized in the body piercing business. These standards incorporate
the "Basic Ten" sanitation and safety standards developed by the Association
of Professional Piercers. Copies of the "Basic Ten" are available
from the Township Clerk.
(1)
All clean and ready-to-use needles and instruments
shall be kept in a closed glass or metal case or storage cabinet while
not in use. Such cabinet shall be maintained in a sanitary manner
at all times.
(2)
Only single-service, sterilized needles shall be used.
(3)
Needles used for body piercing shall be steam sterilized
before use on any customer. Any other method of sterilization shall
be approved by the local health authority. In addition, the following
guidelines shall be followed:
(a)
The sterilizer shall be well-maintained with
tight-fitting gasket and a clean interior.
(b)
The manufacturer's operating instructions and
sterilization specifications shall be at hand. The operation of the
sterilizer shall conform to the manufacturer's specifications with
regard to temperature, pressure and time of sterilization cycle.
(c)
Proper functioning of sterilization cycles shall
be verified by the weekly use of biological indicator, i.e., spore
tests. A log book of these weekly test results shall be available,
and a test may be required to be done during inspections.
(d)
Each item to be sterilized shall be individually
wrapped using a chemical indicator or strip to verify steam exposure.
(4)
Forceps, accessory equipment and jewelry must be disinfected
with a chemical disinfectant registered by the Environmental Protection
Agency as being tuberculocidal when used at recommended dilutions.
All operators shall follow the manufacturer's instructions when utilizing
any chemical disinfectant.
(5)
Ear piercing guns are not adequately sterilizable
because they can cause serious, permanent damage to body part other
than earlobes. Ear piercing guns may not be used.
(6)
All needles should be presterilized, used on one person,
in one sitting and immediately disposed of in a medical sharps container.
(7)
All forceps, tubes, etc. are presterilized, stored
in sterile bags and used on one person, in one sitting. After one
such use, they must be autoclaved.
(8)
All reusable, nonsterilizable implements, such as
calipers, should be nonporous and disinfected after each use with
bleach solution or a commercial hard-surface disinfectant liquid.
(9)
Supplies, including corks, rubber bands, etc., will
be presterilized in an autoclave or cleaned with disinfecting liquids,
stored in a clean, closed container and disposed of immediately after
a single use.
(10)
A new pair of latex gloves (sterile or nonsterile)
should be worn for every procedure, and gloves should be changed whenever
the slightest chance of cross-contamination might occur.
(11)
The room used for piercings, as well as the bathroom
and other common areas, should be kept scrupulously clean and disinfected
frequently. All surfaces will be nonporous, to allow them to be cleaned
with bleach solution or other disinfecting liquids whenever cross-contamination
might occur.
(12)
All jewelry contaminated with only airborne pathogens
(not previously worn or contaminated) will be disinfected with a nonhazardous
hard-surface disinfectant such as Madacide. All jewelry contaminated
or potentially contaminated with bloodborne pathogens (previously
worn by another person) should be autoclaved.
(13)
Only appropriate jewelry will be used in piercings.
K.
Disposal of waste. The following guidelines shall
be followed in regard to the disposal of waste associated with body
piercing.
(1)
Needles shall not be bent or broken prior to disposal.
Operators shall take precautions to prevent injuries from contaminated
needles.
(2)
Needles shall be disposed of directly into a solid,
puncture-resistant container.
(3)
Needles, as well as gloves, gauze and other material
saturated with blood, shall be discarded in a plastic bag and placed
into a cardboard box prior to off-site disposal. A written agreement
for disposal of such waste shall be with an authorized service for
disposal of medical waste.
A.
In addition to being subject to the penalties provided for in § 58-8 of this chapter, any license issued under this chapter may be revoked or suspended by the Township for any misstatement in any application or for any violation in this chapter.
B.
No license shall be revoked or suspended until the
licensee has been afforded a hearing before the Township. Notice of
the filing of a complaint which seeks to suspend or revoke any license
issued under this chapter shall be served on the defendant personally,
or on the person designated to receive service pursuant to this chapter,
which notice will establish a date for a hearing to be held not more
than 10 days from the date of such notice, at which time the defendant
shall have the right to be represented by counsel, call witnesses
and cross-examine witnesses produced in support of the complaint,
as well as such other rights necessary in order to ensure due process.
C.
Should any license be revoked or suspended, no part
of the license fee shall be returned.
Nothing in this chapter shall be construed so
as to affect the practice of medicine or any other recognized profession
or occupation by a person duly licensed by the State of New Jersey
to engage in such practice, profession or occupation, and whose license
would lawfully authorize the piercing of the body.
A.
Any person violating or failing to comply with any
other provision of this chapter shall, upon conviction thereof, be
punishable by a fine of no less than $100 and no more than $1,000,
by imprisonment not to exceed 90 days or community service of not
more than 90 days, or any combination of fine, imprisonment and community
service, as determined by the discretion of the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
