The surface of all equipment and furniture located in an area used for body art activity or instrument storage area, including, but not limited to, counters, tables, equipment, benches, chairs, recliners, shelves, storage containers and cabinets in the workstations, cleaning areas and instrument storage areas shall be made of materials that are, or shall be treated so as to be, smooth, nonabsorbent, nonporous, easily cleanable and able to withstand repeated cleaning and disinfection.
A. 
Every body art establishment shall have the following so as to ensure the cleaning and maintenance of an adequate supply of instruments for use in body art activity:
(1) 
One or more ultrasonic cleaning units sold for cleaning purposes under approval of the Food and Drug Administration (FDA). Every ultrasonic cleaning unit shall be clearly labeled biohazardous and installed or placed in an area separate from any workstation or area used for sterilization in accordance with the requirements set forth by the Occupational Safety and Health Administration (OSHA);
(2) 
One or more sterilization units sold for medical sterilization purposes under approval of the FDA; and
(3) 
One or more commercial biological monitoring (spore) system tests per each sterilization unit, consistent with the sterilization unit manufacturer's instructions for use by the Board during inspection.
B. 
The requirements of Subsection A shall not apply if pre-sterilized, individually packaged, needle chamber machine tips, machine casings and combo-couples are exclusively used for body art activity.
C. 
Only single-use needles are permitted for body art procedures.
A. 
Every workstation shall have a foot-operated, covered, cleanable, waste receptacle for disposal of trash and other debris.
B. 
Every body art establishment shall have a waste receptacle exclusively used for the disposal of contaminated waste in accordance with 105 CMR 480.000, Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII. Each such receptacle shall be tightly covered and clearly labeled as containing biohazardous waste.
Every body art establishment shall maintain an adequate supply of reusable, launderable linens or single-use linens, such as drapes, lap cloths and aprons, to be used in body art activity in accordance with these regulations.
If used in body art activity, rotary pens, also known as "cosmetic machines," shall have detachable, disposable, sterile combo-couplers and shall have detachable, disposable casings or casings designed and manufactured to be easily cleaned and sterilized in accordance with these regulations.
A. 
All inks, dyes and pigments used to alter the color of skin in the conduct of body art shall be specifically manufactured for such purpose, approved, properly labeled as to its ingredients, manufacturer and lot number in accordance with applicable FDA requirements and shall not be contaminated or adulterated. The mixing of such inks, dyes or pigments or their dilution with potable sterile water is acceptable, unless prohibited or not recommended by its/their manufacturer.
B. 
Inks, dyes and pigments prepared by or at the direction of a body art technician for use in body art activity shall be made exclusively of nontoxic and noncontaminated ingredients approved by the Board or FDA.
A. 
Jewelry or objects intended for bodily insertion shall be sterilized, in good condition, designed and manufactured for insertion into the intended body part (i.e., jewelry designed for insertion in pierced ear lobes shall not be used for insertion in other parts of the body).
B. 
Only jewelry manufactured of implant grade, ASTM F138 and ISO 5832-1 implant grade stainless steel, solid 14K through 24K gold, niobium, titanium, platinum or other materials considered by the Board to be equally biocompatible shall be inserted into newly pierced skin.
Every body art establishment shall have a telephone in good working order easily accessible to all employees during all hours of operation for the purpose of contacting and requesting emergency medical assistance/paramedic services in the event of an emergency or perceived need. A legible sign shall be posted at or adjacent to the telephone indicating the correct emergency contact telephone number, for example 911.
No person shall utilize or have available in a body art establishment:
A. 
Unapproved instruments or materials, such as styptic pencils or devices, alum, or any similar material, to check the flow of blood.
B. 
Liquid sterilants for the sterilization of any reusable instrument or component.
C. 
Rotary pens that are designed or manufactured with a sponge-type material at the opening of the chamber for the purpose of prohibiting the backflow of pigment and body fluid into the machine.
D. 
Multiple-use instruments or components that are designed in such a manner that restrict or prevent proper cleaning or sterilization.
E. 
Drugs, chemicals or agents that require a licensed medical practitioner's authorization for use, application or dispensation.
F. 
Suturing kits or suturing devices, scalpels, cauterizing tools or devices, branding tools or devices, or other tools, devices or instruments used for or in conjunction with any prohibited body art activity, and not otherwise used for any permitted body art activity.
A. 
Except as otherwise provided below, no animal shall be kept in or permitted to enter into:
(1) 
Any instrument storage area or any area in a body art establishment used for sterilizing, sanitizing or other cleaning of instruments; and
(2) 
Any workstation or other area of a body art establishment.
B. 
Subsection A(2) does not apply to any guide animal, signal animal or service animal, accompanied by a totally or partially blind person or deaf person, person whose hearing is impaired or handicapped person, any dog accompanied by a person licensed to train guide dogs, or any dog accompanied by a uniformed employee of a private patrol operator or an operator of a private patrol during and within the course and scope of their employment as patrol persons.
C. 
Subsection A does not apply to dogs under the control of uniformed law enforcement officers.
D. 
Subsection A does not apply to fish or other aquatic life contained in a completely enclosed aquarium so long as the presence of any aquarium does not interfere with proper maintenance of the body art establishment as set forth in these regulations.
No person shall smoke, or otherwise use tobacco within the establishment, eat or drink at or in the workstation, instrument storage area or cleaning area.
Except as set forth in these regulations, no person shall commit or permit any act that may expose any person to disease or illness or otherwise contaminate any instrument or area in a body art establishment used for body art activity.
A. 
An exposure incident report shall be completed by the close of business on and for every exposure incident occurring in the conduct of any body art activity.
B. 
Each exposure incident report shall contain:
(1) 
A copy, where applicable, of the application and consent form for body art activity completed by any client involved in the exposure incident;
(2) 
A full description of the exposure incident, including the portion of the body involved therein;
(3) 
Instrument(s) or other equipment implicated;
(4) 
A copy of the employee/independent operator records of any body art technician;
(5) 
Date and time of exposure;
(6) 
Any medical history released to the body art establishment or body art technician independent operator on any person involved; and
(7) 
Information regarding any recommendation to refer to a physician or waiver to consult a physician by persons involved.
C. 
All exposure incidents reports must be maintained as permanent records of the establishment.
A. 
Every owner of a body art establishment shall have and retain at the body art establishment for inspection by the Board the following information for the time period specified below, to be updated as needed to remain current:
(1) 
Exposure control plan: one copy of the exposure control plan for the body art establishment submitted to the Board;
(2) 
Employee records (three years) indicating: name, home address, home phone number, identification photograph, state identification card number, physical description as detailed on state identification card, date of birth, type(s) of body art procedures conducted, exact duties, dates of employment at location, body art technician permit number, Hepatitis B vaccination status;
(3) 
Body art technician independent operator(s) records (three years) indicating: name, home address, phone number, state identification card number, physical description as detailed on state identification card, date of birth, type(s) of body art procedures conducted, dates operating at location, body art technician permit number, Hepatitis B vaccination status;
(4) 
Client records (three years): copies of all application and consent forms for body art activity;
(5) 
Waste hauler manifests for contaminated waste and sharps transport and disposal in accordance with 105 CMR 480.000 (three years) (See also § 141-51);
(6) 
Training records (three years): documentation to verify training of exposure control plan to all employees and body art technician independent operator(s) conducting body art activity at such establishment;
(7) 
Dye, ink and pigment records (three years): manufacturer, color and code information for all dye, ink and pigment; ratios of colors and sterile water if mixed by the body art technician;
(8) 
Instrument records (three years): vendor name, address and phone number for all instruments intended for use in body art activity;
(9) 
Commercial biological monitoring (spore) system test results (three years); and
(10) 
Body art regulations: one copy of the most current version of these body art regulations.
B. 
Every owner of a body art establishment shall have and permanently retain at the establishment for inspection by the Board all exposure incident reports. Disposal or destruction of these reports is prohibited.
Every area of a body art establishment shall be kept in good repair, clean and free of all vermin and maintained so as to prevent contamination of clients and other persons.
A. 
Every toilet room, plumbing and plumbing fixture shall be kept clean, fully operative and in good repair.
B. 
Every toilet room shall be separated by a closed door from other areas of the body art establishment.
A. 
All instruments and surfaces of equipment used for body art activity, including, but not limited to, devices, containers, cabinets, storage compartments, chairs, tables, counters, and dispensers shall be maintained clean, fully operative, in good repair and free from contamination.
B. 
All instruments manufactured for performing any specific body art activity shall be so designated, used and approved, and shall not be adulterated, contaminated or improperly used. Instruments used for body piercing shall be constructed of stainless surgical-grade steel, and designed and manufactured for such use.
C. 
Instruments intended for single-use shall not be reused.
A. 
Every contaminated reusable instrument or component thereof, including, but not limited to, needles, needle bars, needle tubes, needle caps, body piercing tubes, rotary pens, and coil machines, shall be immersed in water or other approved liquid solution in the cleaning area until cleaned and sterilized.
B. 
Prior to sterilization, every such instrument shall be thoroughly washed by scrubbing with an appropriate soap or disinfectant solution and hot water in accordance with manufacturer's instructions so as to remove contamination.
C. 
Upon completion of the washing process as set forth in Subsection B above, every such instrument shall be cleaned using an ultrasonic cleaning unit in accordance with manufacturer's instructions.
D. 
Upon completion of the cleaning process as set forth in Subsection C above, every such instrument shall be packaged into procedure set-up packages with color-change indicators designed to indicate complete sterilization thereof, initials of the person responsible for sterilizing the instruments and date of such sterilization. Instruments may be packaged individually or with other instruments to the extent permitted under the package manufacturer's instructions.
E. 
Upon completion of the packaging process as set forth in Subsection D above, every such instrument shall be properly sterilized in an approved sterilization unit according to manufacturer's instructions.
F. 
If a package becomes wet or is opened or compromised so as to allow the contamination of the contents of the package, any instrument therein shall be deemed contaminated and again shall be washed, cleaned, packaged and sterilized as indicated above prior to use.
G. 
Sterilized instruments shall be stored in a dry, clean cabinet or tightly covered container. Cabinets and containers designated for the storage of sterilized instruments shall be used for that purpose exclusively.
H. 
Every sterilized package shall be deemed expired six months after the date of sterilization. Every instrument therein shall again be washed, cleaned, packaged and sterilized consistent with the provisions of this chapter prior to use.
I. 
Liquid sterilants shall not be used for the sterilization of any reusable instrument.
All instruments must be stored in an instrument storage area in a manner so as to prevent contamination. Identical instruments shall be exclusively stored together, unless intermingled storage with different instruments does not represent a hazard as determined by the Board.
All germicides, disinfectants, chemicals and cleansers must be used according to the manufacturer's requirements, used only for the purpose approved and intended by the manufacturer and properly labeled and stored so as to prevent contamination and hazard.
All storage containers, cabinets, shelves and other storage areas in the instrument storage area shall be properly labeled as to their contents, including, but not limited to, identification of contaminated or soiled contents as appropriate.
A. 
Clean linen shall be stored in a manner so as to prevent contamination. Containers used for the storage of such linen shall be clearly labeled as to the contents and used for no other purpose. Linens that have become soiled or contaminated shall be disposed of, or not be used, until properly laundered. Contaminated linen shall be labeled, handled, stored, transported and laundered or disposed of so as to prevent hazard in a manner approved by the Board.
B. 
Any other protective clothing, garments and other cloth items worn during or used in body art activity and intended for reuse shall be mechanically washed with detergent and dried after each use. The items shall be stored in a clean, dry manner and protected from contamination until used. If washing is conducted in the body art establishment, all applicable plumbing codes shall apply. Should such items become contaminated directly or indirectly with bodily fluids, the items shall be washed in accordance with standards applicable to hospitals and medical care facilities, at a temperature of 160° F. or a temperature of 120° F. with the use of chlorine disinfectant.
A. 
Every ultrasonic cleaning unit and sterilization unit shall be used, cleaned and maintained according to manufacturer's specifications.
B. 
Every sterilization unit shall be tested with a commercial biological monitoring (spore) system test in a manner and frequency consistent with the manufacturer's instructions, but no less than once every month, to monitor the efficacy of the unit's eradication of all living organisms, including spores.
C. 
Records, including dates and initials, of these tests will be available at all times for inspection by the Board.
A. 
All waste shall be removed from the body art establishment on a daily basis and placed in an approved secured receptacle for pickup and removal.
B. 
All contaminated waste and sharps shall be disposed of through use of an approved medical waste hauler in accordance with all applicable federal laws and regulations. The frequency of disposal shall be be no less than every 30 days.
A. 
An Environmental Protection Agency (EPA) registered hard surface disinfectant product such as iodophor, chlorine, phenolic, or alcohol containing germicide or 1:100 dilution of household nonscented bleach and water (two tablespoons of bleach in one quart of water) shall be used after cleaning with water and soap or other appropriate cleaning compound to disinfect any surface contaminated or reasonably suspected of such. The disinfectant or germicide shall be applied using a single-use paper towel.
B. 
The workstation, including but not limited to the client's chair, table, tray and similar surfaces, shall be thoroughly cleaned and sanitized with an approved disinfectant or germicide (as set forth in Subsection A above) immediately before and immediately after the conduct of body art upon a client therein/thereon.
A. 
Every body art technician shall clean his/her hands and forearms thoroughly by washing with antibacterial soap and warm water and promptly dry with single-use towels prior to conducting any body art activity.
B. 
Every body art technician shall wear new, clean, single-use examination gloves:
(1) 
While assembling all instruments and other supplies intended for use in the conduct of body art; and
(2) 
During the conduct of body art upon a client.
C. 
If a glove is pierced, torn or contaminated through contact with any part of the client not subject to the conduct of body art, any person other than the client or otherwise exposed to an unsanitized or nonsterile surface, both gloves must be promptly removed and discarded into an appropriate waste receptacle.
D. 
If the body art technician's gloves are removed at any time during assembly of instruments or supplies, or the conduct of body art, the body art technician must clean his/her hands and don new gloves in accordance with this section.
E. 
The use of single-use examination gloves does not preclude or substitute for hand washing procedures.
A. 
Every body art technician shall use linens, properly cleaned in accordance with these regulations, or new single-use drapes, lap cloths and aprons for each client receiving body art.
B. 
Every substance used in the conduct of body art shall be dispensed from containers so as to prevent contamination of the unused portion. Immediately before applying a tattoo or permanent cosmetics upon a person, the quantity of the ink, dye or pigment to be used therefor shall be transferred from its/their original bottle into sterile, single-use disposable cups, caps or containers.
C. 
Upon sanitization of the workstation in compliance with these regulations, the instrument tray shall be covered with an uncontaminated single-use paper towel or tray cover.
D. 
Every instrument required for the conduct of body art upon a person shall be placed and arranged on the instrument tray in a manner so as to prevent contamination of sterilized instruments. All sterilized instruments shall remain in sterile packages until opened in front of the client.
E. 
Sharps containers shall be easily accessible to the body art technician and located as close as is feasible to the immediate area where sharps will be used.
A. 
The conduct of body art shall occur only upon a client exclusively in and at a workstation under sterile conditions.
B. 
Only the client, the client's parent or guardian if the client is a minor, the client's guide animal, signal animal or service animal, and the body art technician conducting the body art shall be permitted in the workstation during the conduct of body art.
All instruments used in the conduct of body art shall be without contamination and properly sanitized and sterilized in accordance with these regulations.
Disposable items used for the conduct of body art, or which have otherwise become contaminated, shall be promptly discarded upon completion of the conduct of body art into an appropriate waste receptacle and disposed of in accordance with 105 CMR 480.000, Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII.
The following shall be deemed as multiple body art activities on a single client, each requiring proper washing, cleaning, sanitization and sterilization of instruments, workstations and other equipment and areas as set forth under these regulations:
A. 
Applying two or more tattoos on different areas of the body of a client; or
B. 
The use of more than one needle during the conduct of body art.
Mobile and temporary body art establishments are not permitted in the Town of Williamstown.
A. 
The Board shall have the authority to enforce these regulations and permits issued thereunder by:
(1) 
Inspection and investigation.
(2) 
The issuance of violation notices and administrative orders.
(3) 
Civil and criminal court actions.
B. 
Whoever, himself or by his servant or agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of these regulations is subject to a fine as stated in Chapter 146, Local Fines, of the Code of the Town of Williamstown. Each day of violation, after written notice, is a separate violation.
[Amended 10-7-2019]
C. 
The Board of Health may, after written notice, suspend or revoke the body artist's permit for violations of this chapter.
D. 
The body artist's permit shall be suspended immediately upon notice to the holder (without a hearing) when the Board has reason to believe that an imminent health hazard exists.
E. 
In all other instances of violation of the provisions of this administrative regulation, the Board of Health shall serve the permit holder a written notice specifying the violation and afford the registrant or certificate holder a reasonable opportunity to correct the same.
F. 
The holder of the body artist's permit shall be notified in writing that the permit shall be suspended at the end of 10 days following the service of the notice unless a request for a hearing is made within the ten-day period.
G. 
Any person whose permit has been suspended may make a written request for reinstatement.
H. 
For serious or repeated violations of any of the requirements of this administrative regulation or for interference with the Board in the performance of its duties, or for persons found guilty of any crime related to body art, the body artist's permit may be permanently revoked after an opportunity for a hearing has been provided.
I. 
Every person who shall perform body art without a valid permit may be penalized by indictment or on complaint brought in the district court.
J. 
Body art on minors. Every person who shall perform body art on any minor under the age of 18 without the written consent and presence of a parent or legal guardian for parts other than the genitalia areas of minors which shall not have body art emplaced, may be penalized by indictment or on complaint brought in the district court.
The Board of Health may, in its discretion, waive compliance with a particular requirement of these regulations when, in its opinion:
A. 
The enforcement of the regulation would do manifest injustice; and
B. 
The applicant has proved that the same degree of protection of the public health, safety and welfare can be achieved without strict application of the particular provision. Any alternative means of protection shall be detailed and documented by the applicant to the satisfaction of the Board of Health.
[Amended 2-7-2011]
A. 
Any person or persons aggrieved by any order issued under this chapter may appeal by filing a written petition for hearing to the Board of Health, which must be received within 10 days after the day the order was served.
B. 
The hearing shall be commenced not later than 14 days after the receipt of a petition.
C. 
At the hearing the petitioner and other affected parties shall be given an opportunity to be heard, to present witnesses or documentary evidence, and to show why an order should be modified or withdrawn. Failure to hold a hearing within the time period specified herein shall not affect the validity of any order.
D. 
The Board of Health shall sustain, modify, or withdraw the order and shall inform the petitioner.
E. 
Any person aggrieved by the decision of the Board of Health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.
If any portion, or sentence, clause or phrase of this regulation shall be held invalid for any reason, the remainder of this regulation shall continue in full force and effect.
The effective date for this chapter is February 26, 2001.