[HISTORY: Adopted by the Board of Commissioners of the Township of
Marple 3-10-2003 by Ord. No. 2003-2. Amendments
noted where applicable.]
For the purposes of this chapter, the following words shall have the
following meanings:
The technique whereby various body parts are pierced for the express
intention of the insertion of any object, including but not limited to jewelry.
Any person who renders any service in connection with the operation
of a tattoo establishment or a body-piercing establishment and receives compensation
from the operator of the business or its patrons.
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 or body
piercing on the person of another.
Any method of placing designs, letters, scrolls, figures, symbols
or any other marks upon or 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 touch or puncture the skin.
Written approval from the Township Code Enforcement Officer or his
authorized representative that said tattooing establishment or body-piercing
establishment has been inspected and meets all of the terms of this chapter
relating to physical facilities, equipment and layout for operation of such
business.
A.
Application procedure. It shall be unlawful for any person
to engage in the business of operating a tattoo establishment without first
obtaining a tattooing or body-piercing license to engage in such business
in accordance with the provisions hereof. Applications for a tattooing or
body-piercing license shall be provided by the Township Code Enforcement Officer.
Upon receiving a completed application for a tattooing license, the Township
Code Enforcement Officer shall conduct an inspection of the premises and shall
issue a tattooing or body-piercing license only upon the operator's full
compliance with the provisions of this chapter. The tattooing license shall
be valid for one year, and an inspection of the premises shall be required
for each renewal term.
B.
Application fee. A fee, as set forth from time to time
by resolution of the Board of Commissioners, shall be required of each applicant
for a tattooing license, as well as to renew said tattooing license.
C.
The license must be publicly displayed in the place of
business, and the license is not transferable. Transferring shares of stock
in a corporation shall constitute a transfer. A license shall be in effect
for a period of one year and shall be renewed by no later than January 5 of
each year.
Each person who operates a tattooing or body-piercing establishment
shall comply with the following requirements:
A.
The room in which tattooing is done shall have an area
of not less than 100 square feet. The walls, floor and ceilings shall have
an impervious, smooth and washable surface. Walls and ceilings are to be painted
a light color. Walls, ceilings, and floors shall be kept clean and free from
dust and debris. The floor shall be swept and wet mopped daily. Floors, walls
or ceilings shall not be swept or cleaned while tattooing is in operation.
B.
Each establishment shall be maintained in a sanitary
condition at all times. Adequate light and ventilation must be provided.
C.
Each tattooing establishment shall contain a sink for
the exclusive use of the tattoo artist to wash his or her hands and prepare
the customers for tattooing. The sink shall be provided with adequate hot
and cold running water. There shall also be available at the sink clean individual
towels and refuse containers.
D.
Adequate toilet, urinal and hand-washing facilities shall
be available on the establishment premises for the use of customers and tattoo
artists. Toilets, urinals and washing facilities shall be maintained in a
sanitary condition at all times.
E.
An adequate number of work tables shall be provided for
each tattoo artist. The surface of all work tables shall be constructed of
metal or other material which is smooth, light colored, nonabsorbent, corrosive-resistant
and easily sanitized.
F.
The shop shall be arranged so that work tables will be
located at least 10 feet from observers or waiting customers, or such work
tables shall be separated from observers or waiting customers by a panel or
other barrier at least six feet high. The panel may be constructed of glass,
solid plastic or similar material.
G.
Proper closed cabinets for the exclusive storage of instruments,
dyes, pigments, carbon stencils and other paraphernalia used in the shop shall
be provided for each tattoo artist.
H.
The tattoo shop shall have proper facilities for the
disposition of waste materials.
I.
Each tattoo artist shall be provided with individual
hand brushes and fingernail files.
J.
No commercial/activity other than tattooing shall be
permitted in the tattoo shop.
The following minimum standards shall be observed at all times:
A.
The tattoo artist will use standards of aseptic technique
in tattooing, dressing and other operations. All instruments, needles, stencils,
dyes, pigments, dressing materials, razors, hand brushes, fingernail files
and other equipment used by the tattoo artist while tattooing shall be sterile.
B.
Each tattoo artist shall have an individual fingernail
file and individual hand brush, which shall be cleaned and which shall be
sterilized before each use by boiling for 15 minutes or by immersion in an
approved germicidal solution for not less than 20 minutes. Germicidal solutions
used to sterilize shall be changed daily and the container thoroughly cleansed.
C.
Before working on each patron, each tattoo artist shall
clean his or her fingernails with his or her individual fingernail file and
shall thoroughly wash and scrub his or her hands with hot running water, soap
and his or her individual hand brush. Bands shall be dried with individual
single-use towels. The operator shall wear a clean, new pair of latex gloves,
designed for use in surgery, for each customer.
D.
That portion of the patron's skin to be tattooed
shall be prepared by washing with hot water and soap; by shaving with a sterile
safety razor and a single-service blade; and shaving shall be followed by
a thorough cleansing with hot water and soap applied with a clean disposable
cotton or gauze. A sterile hand brush shall be used, if necessary, to produce
a clean skin area.
E.
No tattooing shall be done on any skin that has a rash,
pimples, boils, infections or manifests any evidence of unhealthy conditions.
F.
Following the cleansing of the patron's skin, the
tattoo artist shall again wash and scrub his or her hands in the manner prescribed
above. He or she shall allow his or her hands to dry with the use of sanitary
or mechanical means. Before placing the design on the patron's skin,
the tattoo artist shall treat the skin area with 70% alcohol or other approved
germicidal solution, which shall be applied with sterile cotton or sterile
gauze.
G.
Only petroleum jelly, United States, Pharmacopoeia or
National Formulary, shall be applied to the area to be tattooed, and it shall
be in a collapsible metal or plastic tube. The application may be spread by
the use of sterile gauze but not directly with the fingers. The stencil for
transferring the design to the skin shall be thoroughly cleansed and rinsed
in an approved germicidal solution for at least 20 minutes, and shall be dried
with sterile gauze or in the air before each use.
H.
In preparing nontoxic dyes or pigments, only nontoxic
or sterile materials shall be used. Single-service or individual portions
of dyes or pigments in clean, sterilized individual containers or single-service
containers must be used for each patron. After tattooing, the remaining unused
dye or pigment in the single-service or individual containers must be discarded.
The individual container must be resterilized or discarded.
I.
A set of individual single-service sterilized needles
shall be used for each new patron. Following sterilization, needles shall
be shaken dry and, if not immediately used, stored in petroleum jelly, United
States Pharmacopoeia or National Formulary, and placed in a sterile, dust-tight
container. The open end of the needle tube of the tattooing machine shall
be cleaned and sterilized in an approved manner before each use. No fewer
than 24 sets of sterilized needles and tubes or tips must be on hand for the
entire day or night operation.
J.
As the tattoo operation progresses, any excess dye or
pigment applied to the skin shall be removed with the sterile gauze or sterile
cotton.
K.
The completed tattoo shall have the excess or pigment
removed with sterile gauze. It shall then be washed with a piece of sterile
gauze or sterile cotton saturated with approved germicidal solution. It shall
be allowed to dry. After drying, petroleum jelly, United States Pharmacopoeia
or National Formulary, shall be applied from a collapsible metal or plastic
tube and the entire area covered with a piece of sterile gauze which may in
turn be covered with a piece of tissue and fastened to the site with an approved
type of adhesive.
L.
Storage cabinets shall be maintained in a sanitary condition,
and all instruments, dyes, pigments, stencils and other paraphernalia shall
be kept in an orderly arrangement when not being used.
M.
Work tables shall be kept clean and orderly.
N.
No person except a duly licensed physician shall engage
in the practice of removing any tattoo.
O.
Permanent records for each patron or customer shall be
maintained by the operator of the establishment. Before the tattooing operation
shall begin, the patron or customer shall be required to personally enter
on a record form provided for such establishments, the date, his or her name,
address, age and his or her signature. Prior to tattooing, each patron or
customer shall be required to provide two forms of identification, one of
which shall contain both a picture and date of birth of the customer or patron.
Such records shall be maintained in the tattoo establishment and shall be
available for examination by the Township Code Enforcement Officer. Records
shall be retained by the operator for a period of not less than two years.
In the event of a change of ownership or closing of the business, all such
records shall be made available to the Township Code Enforcement Officer.
P.
Only FDA-approved dyes, if any, shall be used in the
tattooing process. No homemade dyes may be used. All solutions shall be maintained
in a sterile condition.
Q.
No person shall state or imply in any advertisement or
in any other manner that the tattooing or body-piercing establishment is endorsed,
regulated or approved by Marple Township.
R.
The name, address, and telephone number of the establishment
must be on the heading of all waivers, care sheets, consent forms and any
and all other forms utilized by the establishment.
S.
All biohazardous waste must be disposed of in compliance
with federal, state or other regulations and proof thereof maintained by the
operator for a period of three years.
The Township Code Enforcement Officer may, without prior notice, conduct
periodic inspections of any tattooing or body-piercing establishment for the
purpose of determining whether or not said establishment and the persons performing
tattooing or body piercing therein are in compliance with all applicable health
provisions contained within this chapter and other pertinent ordinances. It
shall be unlawful for any person or operator of a tattooing or body-piercing
establishment to willfully prevent or restrain the Township Code Enforcement
Officer from entering a certified establishment where tattooing or body piercing
is being performed for the purpose of inspecting said premises, after proper
identification is presented to the operator.
It shall be unlawful for any operator or tattoo artist to engage in
any of the following:
A.
No person, except a duly licensed physician, shall practice
tattooing or body piercing in any place other than a tattooing or body-piercing
shop for which a license has been issued.
B.
It shall be unlawful to perform any tattooing or body
piercing on any individual who is under the influence of drugs or alcohol
or who appears to be under the influence of drugs or alcohol.
C.
It shall be unlawful to perform any tattooing or body
piercing on an individual under the age of 18 years without the presence of
a parent or legal guardian. Said parent or legal guardian shall sign a permission
form. These forms shall be generated by the establishment and approved by
the Township Code Enforcement Officer. Such written consent shall be kept
on file for a period of two years.
D.
No person with any disease in a communicable form or
suspected of having such disease shall engage in tattooing or body piercing.
Such diseases may include, but shall not be limited to, influenza, tuberculosis,
HIV virus, scabies, impetigo, syphilis, chicken pox, measles (rubella), German
measles (rubella), mumps, whooping cough, hepatitis, infection on hands or
arms, jaundice of the skin or sclera. The Township Code Enforcement Officer
may require a certificate signed by a duly licensed physician stating that
said person is free from communicable diseases before permission to resume
operation is granted.
E.
A medical history shall be taken of every customer. It
shall be unlawful to tattoo any person revealing a recent history of influenza,
tuberculosis, HIV virus, scabies, impetigo, syphilis, chicken pox, measles
(rubella), German measles (rubella), mumps, whooping cough, hepatitis, infection
on hands or arms, jaundice of the skin or sclera.
F.
Animals and insects.
(1)
Domestic or wild animals shall not be present in any
part of the establishment at any time. The term "domestic or wild animals"
includes, but is not limited to, dogs, cats, birds and reptiles.
(2)
Insects and rodents shall not be present in any part
of the establishment at any time. The operator shall take effective measures
against insects' and rodents' entrance into, breeding on, or presence
in the premises. Evidence of insect or rodent infestation shall be cause for
immediate closure of the establishment by the Township Code Enforcement Officer.
It shall be unlawful for any person to engage in the business of operating
a body-piercing establishment without first obtaining a body-piercing license
to engage in such business in accordance with the provisions hereof:
A.
Application procedure. Applications for a body-piercing
license shall be provided by the Township Code Enforcement Officer. Upon receiving
a completed application for a body-piercing license, the Township Code Enforcement
Officer shall conduct an inspection of the premises and shall issue a license
only upon the operator's full compliance with the provisions of this
chapter. The body-piercing license shall be valid for one year, and an inspection
of the premises shall be required for each renewal term. Body piercing is
permitted at the same location as tattooing or body piercing, provided that
a separate license for each activity has been obtained from the Township of
Marple.
B.
Application fee. A fee, as set from time to time by resolution
of the Board of Commissioners, shall be required for each applicant for a
body-piercing license, as well as to renew said body-piercing license.
C.
Contents of application. Applications for body-piercing
licenses shall include the following:
(1)
The name, address and telephone number of the owner of
the establishment.
(2)
The name, address and telephone number of the establishment,
if it is different from that of the owner.
(3)
The hours of operation of the establishment.
(4)
The number of booths, stalls or tables devoted to body
piercing.
(5)
Any other commercial activities that will occur on the
premises.
A.
The regulations contained in this chapter shall not apply
to physicians licensed to practice medicine in the Commonwealth of Pennsylvania
and those they directly supervise as part of their practice.
B.
The regulations in this chapter shall not apply to those
novelty or jewelry stores in the business of ear piercing with the use of
a piercing gun. These establishments shall use proper procedures and sanitization
practices as required by all federal and state laws applicable to the practice
of piercing. These establishments shall be prohibited from performing body
piercings on parts of the body other than the ears without satisfying all
of the requirements of this chapter.
A.
Any person engaged in the process of body piercing, as described and restricted in this chapter, shall meet the operating standards of tattoo establishments in § 229-3 as they apply to body piercing.
B.
All piercing needles, stainless steel expanders, jewelry and other equipment used in the piercing process shall be sterilized as described in § 229-4 of this chapter.
C.
The jewelry inserted in a piercing shall be composed
of gold, surgical stainless steel or niobium, a composite metal formed from
oxides of the stainless steel production process.
A.
When it is necessary to shave the area to be pierced,
a new disposable razor for each patron shall be used. The common use of shaving
mugs and shaving brushes is prohibited.
B.
After shaving the area to be pierced, or if the area
does not need to be shaved, the site of the piercing shall be washed with
soap and water, rinsed with clean water and a germicidal solution applied
in a sanitary manner. Only sterile individual towels and applicators shall
be used to prepare and cleanse the site of the piercing.
C.
Only instruments and equipment that have been properly
cleaned and sterilized prior to use shall be used during the piercing process.
D.
The person doing the piercing shall wear clean clothes
or a lab coat. Surgical gloves shall be worn during the piercing and shall
be changed for each patron.
E.
There shall be no smoking, eating or drinking in the
operating room during the piercing process.
A.
Written instructions approved by the Township Code Enforcement
Officer shall be given to each patron on the care of the piercing site to
prevent infection after the piercing. A copy of these instructions shall also
be posted in a conspicuous place in the piercing establishment, clearly visible
to persons being pierced.
B.
All infections resulting from the practice of body piercing
which become known to the operator and/or employee of a body-piercing establishment
shall be reported to the Township Code Enforcement Officer by the operator
immediately.
A.
No person, except a duly licensed physician, shall practice body piercing in any place other than in a body-piercing establishment for which a license under this chapter has been issued, except as exempted under § 229-8.
B.
It shall be unlawful to perform any body piercing on
any individual who is under the influence of drugs or alcohol or appears to
be under the influence of drugs or alcohol.
C.
No body piercing, except ears, shall be done on any person
under the age of 18 without the presence of a parent or guardian. Said parent
or guardian shall sign a permission form. These forms shall be generated by
the establishment and approved by the Township Code Enforcement Officer. Such
written consent shall be kept on file for a period of two years.
D.
No body piercing shall be done by any person under the
age of 18.
E.
No person with any disease in a communicable form or
suspected of having such disease shall engage in body piercing. Such diseases
may include, but shall not be limited to, influenza, tuberculosis, HIV virus,
scabies, impetigo, syphilis, chicken pox, measles (rubella), German measles
(rubella), mumps, whooping cough, hepatitis, infection on hands or arms, jaundice
of the skin or sclera. The Township Code Enforcement Officer may require a
certificate signed by a duly licensed physician stating that said person is
free from communicable diseases before permission to resume operation is granted.
F.
A medical history shall be taken of every customer. It
shall be unlawful to body pierce any person revealing a recent history of
influenza, tuberculosis, HIV virus, scabies, impetigo, syphilis, chicken pox,
measles (rubella), German measles (rubella), mumps, whooping cough, hepatitis,
infection on hands or arms, jaundice of the skin or sclera.
All operators must comply with the licensing requirements of any federal,
state or regulatory body.
All customer records required to be maintained by this chapter shall
be signed by the customer and the operator and shall be maintained for a period
of three years after the tattooing or body piercing.
Failure to secure a permit or license when required, or operating after
suspension or revocation of a permit or license by the Township Code Enforcement
Officer of Marple Township, shall constitute a violation of this chapter.
When written notice of a violation of any of the provisions of these rules
and regulations has been served upon any person, such violation shall be discontinued
immediately.
Any person, firm or corporation who violates any provisions of these
rules and regulations shall, upon conviction thereof, be liable to a fine
or penalty not exceeding $1,000, plus costs of prosecution, for each offense.
In default of payment such fine and costs, said violator shall be imprisoned
for not more than 30 days. Whenever such person shall have been officially
notified by the Township Code Enforcement Officer or by the service of summons
in a prosecution or in any other official manner that he or she is committing
a violation of these rules and regulations, each day that he shall continue
such violation after such notification shall constitute a separate offense
punishable by a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now by law collected.
Any tattoo establishment and/or body-piercing establishment licensed
to operate in the Township of Marple and found to be in noncompliance with
any requirements of this chapter may have his, her or its license suspended
by the Township Code Enforcement Officer or his, her or its duly appointed
agent at the time of inspection or any time thereafter.
A.
A first-offense suspension shall be for a period of 48
hours or until such time as the issues of noncompliance are brought into compliance,
whichever is longer. A reinspection fee, as set from time to time by resolution
of the Board of Commissioners, shall be charged in the event of noncompliance.
B.
Any licensed tattoo or body-piercing establishment found to be in noncompliance with this chapter for a second offense shall, in addition to the penalties listed in § 229-14, be subject to a suspension of the license for 48 hours or until such time as the issues of noncompliance are brought to compliance, whichever is longer. A reinspection fee, as set from time to time by resolution of the Board of Commissioners, shall be charged in the event of noncompliance.
C.
An aggrieved party may appeal the decision of the Township
Code Enforcement Officer to suspend a license within 10 days of the suspension
in writing to the Board of Commissioners with a request for a public hearing.
