This article establishes a code for the regulation of tattooing and tattooists, body piercing, body branding, and because of the potential danger for the spreading of communicable diseases through the process, unless there are safeguards to ensure that said process is safe and under appropriate regulations.
A. 
It shall be unlawful for any person to engage in the business of operating an establishment where tattooing and/or body piercing is performed without first obtaining a New Jersey State license to engage in such business in accordance with the provisions hereof. It shall also be unlawful for any operator to engage in the practice of tattooing and/or body piercing without obtaining a certificate of registration from the New Providence Board of Health.
B. 
Persons applying shall submit to the Board of Health a medical certificate issued by a physician duly licensed to practice medicine and surgery in the State of New Jersey, stating that the prospective licensee or registrant is free from all contagious or communicable diseases or conditions which may endanger the health of the client.
C. 
An applicant shall submit a floor plan of the establishment to the Health Officer prior to initiation or construction and shall receive a preopening inspection. Fees for a plan review, inspections and operator registration may be established by the Board of Health.
D. 
Any person, firm or corporation desiring to engage or presently engaged in the tattooing or body piercing business shall first apply to the Municipal Clerk, in writing, on forms supplied by the Municipal Clerk of this municipality for said purpose. The application shall be accompanied by the license fee and shall set forth the following:
(1) 
Name and address of the applicant.
(2) 
Local and permanent addresses and telephone numbers of the applicant.
(3) 
Name, local address and telephone number of the manager of the business if it is different from the applicant.
(4) 
If the applicant is a corporation, the name and address of its registered agent.
(5) 
Federal employer identification number if applicant is a corporation, partnership or firm; social security number if applicant is a sole proprietorship.
(6) 
Certificate of inspection and certificate of operator registration issued by the New Providence Board of Health as part of the application documents.
E. 
If a renovation of the tattooing and/or body piercing establishment is anticipated after acquisition of the annual license, plans must be submitted to the Board of Health and the applicant will be required to comply with the provisions of this article.
F. 
Nothing in the foregoing shall be construed so as to affect the practice of medicine and surgery 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 tattooing and/or body piercing.
A. 
It shall be a violation of this article for anyone or any tattooing and/or body piercing business to tattoo and/or pierce the body of an individual under 18 years of age without written authorization signed by a parent or legal guardian as witnessed by the operator. The operator shall be responsible for maintaining the original consent form for a period of two years beyond the recipient's 18th birthday.
B. 
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.
C. 
Inquiry shall be made of each person wishing to be tattooed and/or body pierced whether he or she has hepatitis B, HIV/AIDS or recent jaundice, and such person shall not be tattooed and/or body pierced if he or she has such a history.
D. 
Each person wishing to be tattooed and/or body pierced must fill out an application which will include the name, date of birth, address and telephone number of the client, as well as the design and location(s) of the tattoo(s) and/or body piercing(s). The operator shall verify applicable information from a valid photo ID of the applicant and so noted on the application. All records regarding tattooing and/or body piercing are to be maintained for a minimum of two years.
E. 
No person or operator shall state or imply, in any advertisement, that the tattooing and/or body piercing establishment is endorsed or approved by the New Providence Board of Health or the Borough of New Providence.
F. 
No body piercing of the tongue nor any part of the genitalia shall be permitted.
G. 
The practice of body branding is prohibited within the Borough of New Providence.
No person, partnership, firm or corporation engaged in the tattooing and/or body piercing business shall be issued a license to 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 and are inspected/approved the New Providence Board of Health:
A. 
Each tattooing and/or body piercing facility shall have a bathroom accessible to the client and staff. Each bathroom shall be equipped with a commode and a sink with the sink being connected to hot and cold running water. 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, each tattooing/body piercing cubicle or work station must be provided with a sink connected to hot and cold running water. This area shall also be provided with soap and appropriate hand-drying devices.
B. 
The chair, seat or exam table reserved for the person receiving the tattooing/body piercing shall be of a material that is smooth and easily cleaned and constructed of material that is nonabsorbent. Any surfaces on the chair, seat or exam table that become exposed to blood or body fluids must be cleaned and sanitized prior to use by the next customer.
C. 
The work table or counter used by the operator shall be smooth and easily cleaned and constructed of material that is nonabsorbent. There shall be a covered 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 or use single-use, disposable sheets between customers.
D. 
The walls of the tattooing/body piercing area shall be smooth and easily cleaned and constructed of nonabsorbent material. Floors shall be kept clean.
E. 
Lighting within the tattooing/body piercing area shall be adequate to provide a minimum of 100 footcandles in all areas.
F. 
The work area reserved for the tattooing/body piercing shall not be less than 100 square feet and shall be separated from other areas of the establishment by walls or durable partitions extending at least 6 feet in height.
G. 
Any surface in the establishment that becomes exposed to blood or body fluids must be properly cleaned and sanitized.
H. 
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.
I. 
Proper waste receptacles shall be provided and waste disposed of at appropriate intervals.
A. 
Tattooing/body piercing operators.
(1) 
All operators, while performing services, shall neither be under the influence of alcohol or drugs, not be infected with hepatitis B, HIV/AIDS, contagious dermatitis or any other communicable disease.
(2) 
Hepatitis B preexposure vaccination or proof of immunity is required for all operators. If a person cannot obtain the vaccination for medical reasons, he/she shall submit a letter to the New Providence Board of Health from his/her physician certifying that the individual does not have hepatitis B and vaccination is contraindicated. This certification shall be annually renewed. Any accidental needle stick injury shall be immediately reported to the New Providence Board of Health.
(3) 
All tattooing/body piercing operators shall attend a training program sponsored by the New Providence Board of Health or one approved by the Board of Health to assure basic knowledge on sterile technique and universal precautions.
(4) 
Before working on each patron, each operator shall scrub and thoroughly wash his/her hands with hot water and antiseptic soap. The hands shall be dried with individual, single-use towels. Fingernails shall be kept clean and short.
(5) 
Disposable vinyl or latex gloves shall be worn by the operator during tattooing/body piercing preparation and application to prevent contact with blood or body fluids. Universal precautions as described by the United States Centers for Disease Control and Prevention (CDC) shall be followed. All materials shall be disposed of in accordance with waste disposal provisions of this article after contact with each patron. Hands shall be washed immediately after removal of gloves. Any skin surface that has contact with blood shall be washed immediately.
(6) 
Immediately after tattooing/body piercing a patron, the operator shall advise the patron on the care of the site tattooed or pierced and shall instruct the patron to consult a physician at the first sign of infection. Printed instructions regarding these points shall be given to each patron by the operator.
(7) 
All infections resulting from the practice of tattooing or body piercing that become known to the operator shall be promptly reported to the Health Officer by the person owning or operating the body piercing establishment or by the operator.
B. 
Skin preparation.
(1) 
Tattooing/body piercing shall be done only on normal, healthy skin surfaces that are free of cuts, wounds, rashes, boils, pimples, moles, infections or that manifest any evidence of unhealthy conditions.
(2) 
Only safety razors with disposable blades shall be used for skin preparation. Blades shall be disposed of according to the waste disposal procedure of this article after each use and a new blade used for each patron.
(3) 
Following shaving, the tattooing area shall be thoroughly cleansed and scrubbed with tincture of green soap or its equivalent and warm water. Before placing the tattoo design or body piercing on the patron's skin, the area shall be treated with 70% alcohol and allowed to air dry. A single-use sponge shall be used to scrub the area.
(4) 
Only petroleum jelly (U.S.P. or National Formulary) or antiseptic ointment shall be applied to the tattoo area prior to tattooing. The ointment shall be applied in a sanitary manner, disposing of the utensil after spreading. Collapsible tubes of ointment or jelly may also be used.
(5) 
Design stencils shall be thoroughly cleansed and rinsed in an approved germicidal solution for at least 20 minutes or disposed following each use.
(6) 
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 New Providence Board of Health of the nontoxicity of the dyes or inks at the time of license application and renewal.
(7) 
No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, birthmark, scar or tattoo.
(8) 
Ear piercing guns may not be used for body piercing, but may only be used for piercing ear lobes.
C. 
Needles, instruments and supplies.
(1) 
All clean and ready-to-use needles, gloves, gauze 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) 
Single-service, sterilized needles shall be used.
(3) 
If needles and needle bars are to be reused, these items shall be steam sterilized (autoclaved) before reuse on any customer. Any method of sterilization shall be approved by the New Providence Board of Health.
(4) 
The sterilizer shall be well-maintained with a tight-fitting gasket and clean interior.
(5) 
The manufacturer's operating instructions and the 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 the sterilization cycle.
(6) 
Proper functioning of sterilization cycles shall be verified.
(7) 
Each item to be sterilized shall be individually wrapped, using a chemical indicator or strip to verify steam exposure.
(8) 
Any needle that penetrates the skin of the operator shall be immediately disposed of in accordance with the waste disposal procedure of this article.
(9) 
If the primary source of sterilization malfunctions, the New Providence Board of Health shall be notified within 24 hours. In an emergency situation, the Health Officer may approve alternate sterilization techniques.
A. 
Needles shall not be bent or broken prior to disposal. Operators shall take precautions to prevent puncture injuries from contaminated needles. Needles shall be disposed of directly into a solid puncture-resistant container.
B. 
These medical wastes shall be disposed of by an authorized contractor as per the New Jersey Department of Environmental Protection's regulations.
C. 
If blood-contaminated gloves, gauze and other materials are sterilized by autoclaving, these wastes can be placed for off-site waste collection.
When it appears to the Health Officer that the operation of the tattooing/body piercing establishment poses an immediate and imminent threat to the public health and safety, such that irreparable harm will occur if the tattooing/body piercing establishment is not immediately closed, the Health Officer shall have the power to order the immediate closure of the tattooing/body piercing establishment until such time that the violations complained of have been corrected.
A. 
Any person, partnership, firm or corporation who violates any section of this article shall be subject to a fine of not less than $250 nor more than $1,000 for each violation of this article or imprisonment in the county jail up to 90 days, or both. Each day that the violation exists is considered to be a separate offense.
B. 
Reasonable counsel fees incurred by the New Providence Board of Health in the enforcement of this article shall be paid by the defendant. The amount of such reimbursable fees and costs shall be determined by the court hearing the matter.
C. 
In addition to being subject to the penalties provided herein, any license or certificate of registration issued under this article may be revoked or suspended for any intentional misstatement in any application or for any violation of this article. No license shall be revoked or suspended until the licensee has been afforded a hearing. Notice of the filing of a complaint that seeks to suspend or revoke any license or certificate of registration issued under this article shall be served on the defendant personally or on the person designated to receive service of this article. This 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, cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to insure due process. Should any license or certificate of registration be revoked or suspended, no part of the license or registration fee shall be returned.