[HISTORY: Adopted by the Board of Health of the Township of Washington 11-23-1999 by Ord. No. 3-99. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The Board of Health of the Township of Washington or its duly authorized agent, officer or inspector.
- BODY PIERCER
- One who engages in the art of body piercing.
- BODY PIERCING
- The piercing or puncturing of the skin, cartilage, bone or other tissue of the body of a person.
- CERTIFICATE OF INSPECTION
- Written approval from the Board that said tattoo studio has been inspected and meets all of the requirements of this chapter.
- LICENSE TO OPERATE
- A license issued to the owner of a tattoo studio to operate a business under the provisions of this chapter.
- Any individual, firm, company, partnership, corporation or association that owns and/or operates an establishment where tattooing or body piercing is performed.
- A registration issued to a tattoo artist or body piercer under the provisions of this chapter.
- TATTOO ARTIST
- One who engages in the art of tattooing.
- TATTOO OR BODY PIERCING ESTABLISHMENT
- Any premises where a tattoo artist does tattooing and/or a body piercer performs body piercing for a fee or other consideration.
- TATTOO or TATTOOING
- To mark or color the skin by pricking in by subcutaneous introduction, nontoxic dyes or pigments so as to form indelible marks or figures or by production of scars.
No person, except a duly licensed physician, shall engage in the practice of tattooing or body piercing without having first been registered and in receipt of an approved license with the Board of Health.
Any person desiring to engage in tattooing or body piercing shall submit an application to the Board of Health in the form prescribed by said Board. No registration shall be issued or renewed unless the applicant has taken a physical examination, reported on a form prescribed by the Board of Health, which examination shall include but not be limited to an X-ray of the chest, Hepatitis B pre-exposure vaccination or proof of immunity or declination letter and reported to be free from all contagious or communicable diseases. Records of all such examinations shall be submitted to the Board of Health and kept on file by the holder of the certificate of inspection for the tattoo or body piercing establishment in which the person to whom the license is issued is employed.
A fee of $200 shall be required for the initial application. A fee of $100 shall be required of each applicant for the renewal of a license.
All fees paid pursuant to this section are nonrefundable.
All registrations shall expire on the 31st day of December of each year. Applications for the renewal of a registration must be presented to the Board of Health no later than 45 days prior to December 31 of each year.
No person, partnership, firm or corporation shall operate a tattoo or body piercing establishment unless such person, partnership, firm or corporation has registered such shop with the Board of Health and has received a certificate of inspection from said Division. No certificate of inspection shall be issued unless the studio was inspected by the Board of Health and found to be in compliance with the requirements of this chapter.
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 Board of Health to engage in such business in accordance with the provisions of this chapter.
An application for a license shall be accompanied by a fee in the amount of $200. Any change of ownership shall require a new application and license with payment of fees therefor.
In addition to any other penalty that may be imposed by § 252-9 of this chapter, after due notice and hearing before the Health Officer of the Township of Washington, the Board may suspend or revoke any tattoo artist registration or body piercer registration or license to operate a tattoo or body piercing establishment issued pursuant to this chapter for violations of the provisions of the chapter.
In order to qualify for a certificate of inspection there must be compliance with the following requirements:
The tattoo or body piercing establishment shall be so located or constructed as to prevent the contamination of the work areas of the establishment by dust from the street or sidewalk.
The building and equipment shall be maintained in a state of good repair at all times. All parts of the establishment shall be kept neat, clean and free from litter and rubbish.
All walls, ceilings and floors shall be smooth, made of nonporous material and easily cleaned. 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 or body piercing is in operation.
Adequate light and ventilation shall be provided.
Each tattooing or body piercing establishment shall contain a sink with foot pedals for the exclusive use of the tattoo artists or body piercers to wash their hands and prepare the customers for tattooing or body piercing. The sink shall be provided with adequate hot and cold running water. There shall also be available at the sink approved soap, clean individual towels and refuse containers. Individual ultrasonic cleaners shall be provided by the owner at each station with single service application.
Adequate toilet, urinal and handwashing facilities shall be available on the premises for the use of customers, tattoo artists, and body piercers. Toilets, urinals and handwashing facilities shall be maintained in a sanitary condition at all times.
An adequate number of work tables shall be provided for each tattoo artist or body piercer. 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.
The tattoo and body piercing establishment 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 in height. The panel may be constructed of glass, solid plastic or similar materials.
Proper closed and locked cabinets for the exclusive storage of instruments, dyes, pigments, carbon stencils and other paraphernalia used in the establishment shall be provided for each tattoo artist or body piercer. Sharps containers shall be made available at each location.
The tattooing and body piercing establishment shall have proper facilities for the disposition of waste materials. Written plans are to be submitted to the Board of Health for proper disposal.
Each tattoo artist or body piercer shall be provided with individual hand brushes and fingernail files.
No smoking shall be permitted in any tattoo studio.
The holder of any license to operate shall not allow a tattoo artist or body piercer to perform in his/her tattoo or body piercing establishment unless the tattoo artist or body piercer is the holder of a valid registration as defined in this chapter.
The holder of a license to operate shall maintain proper records for each patron. A record of each patron shall include the date on which he/she was tattooed or body pierced, his/her name and his/her signature, address and age, the design of the tattoo and its location on his/her body, the physical location and description of the body piercing, and the name, address and telephone number of the tattoo artist who tattooed him/her or the body piercer who pierced him/her. A record of each patron who received a tattoo shall also include the name, address and other information about the manufacturer of the dyes used as well as information about the dye solutions and types of dyes used. If a patron requests this information, it must be released to the patron. These records shall be entered in ink or indelible pencil in a bound book kept solely for this purpose. This book shall be available at reasonable hours for examination by the Board of Health or any law enforcement officer and shall be preserved for at least five years from the date of the last entry therein. Certified birth certificate and written consent permitting the tattooing or body piercing of individuals under the age of 18 shall be kept on file for five years by the holder of the certificate of sanitation for the tattoo studio in which the tattooing or body piercing was performed and shall be available for inspection upon request. At such time when the tattoo establishment or body piercing establishment ceases doing business or is removed from the township or changes its name or has a change in management or ownership, all such records shall be turned over to the Township Board of Health.
Only tattooing and/or body piercing shall be permitted in the tattoo or body piercing establishment.
Interior design and floor plans for the tattoo or body piercing establishment must be submitted to the Board of Health and approved prior to operation of the facility.
No person shall state or imply in an advertisement or in any other way that the tattooing or body piercing establishment is endorsed, regulated or approved by the township or by any of its departments or by the Board of Health or is conducted in compliance with the terms of this chapter.
The name, address and telephone number of the establishment must be on the heading of all waivers, care sheets, consent and other forms utilized by the establishment.
Information pertaining to employees.
The owner or person in charge of the establishment shall amend the list accordingly and submit it to the Board of Health immediately upon the addition of any employee or termination of an employee.
The tattoo artist or body piercer will use standards of aseptic technique in tattooing or body piercing, dressing and other operations that are approved by the Board of Health. He/she will use only such germicides and dressings as are approved by said Board. All instruments, needles, stencils, dyes, pigments, dressing materials, razors, handbrushes, fingernail files and other equipment used by the tattoo artist or body piercer while tattooing or body piercing shall be sterile.
The following minimum standards shall be observed at all times.
No person, except a duly licensed physician, shall practice tattooing or body piercing in any place other than a tattooing or body piercing establishment for which a certificate of inspection has been issued.
It shall be unlawful to perform any tattooing or body piercing on an individual who is under the influence of intoxicating liquor or drugs.
It shall be unlawful to perform any tattooing or body piercing on an individual under the age of 18 years without the notarized written consent of a parent(s) or legal guardian of such individual and certified birth certificate. Such written consent and birth certificate shall be kept on file as provided in this chapter.
No person, customer or patron 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, the common cold, influenza, tuberculosis, scabies, impetigo, syphilis, chickenpox, measles (rubeola), German measles (rubella), mumps, whooping cough, hepatitis, AIDS, skin infections, infection on hands or arms, sore throat or jaundice of the skin or sclera. The Board of Health 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. All infections resulting from the practice of tattooing or body piercing which become known to the owner or person in charge of the tattooing or body piercing establishment shall promptly be reported to the Township Board of Health by the person owning or in charge of the tattoo or body piercing establishment and the infected client shall be referred to a physician.
Immediately after tattooing or body piercing a patron, the tattoo artist or body piercer shall advise that patron in writing on the care of the tattoo or area pierced and shall instruct the patron to consult a physician at the first sign of infection of the tattoo or area pierced.
Each tattoo artist or body piercer must wear a clean outer garment.
Each tattoo artist or body piercer shall have an individual fingernail file and individual handbrush which shall be clean 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.
Before working on each patron, each tattoo artist or body piercer shall clean his/her fingernails with his/her individual nail file and shall thoroughly wash and scrub his/her hands with hot running water, an approved soap and his/her individual handbrush. When working on a patron each tattoo artist or body piercer shall wear protective gloves made of rubber or latex-like material.
That portion of the patron's skin to be tattooed or pierced shall be prepared by washing with hot water and approved 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 approved soap applied with a clean, disposable cotton gauze or paper towel. A sterile handbrush shall be used, if necessary, to provide a clean skin area.
Following the cleansing of the patron's skin, the tattoo artist or body piercer shall again wash and scrub his/her hands in the manner prescribed above. He/she shall allow his/her hands to dry without the use of towel or other mechanical means. Before placing the design on the patron's skin or piercing, the tattoo artist or body piercer shall treat the skin area with 70% alcohol or other approved germicidal solution which shall be applied with sterile cotton or sterile paper towel. An atomizer bottle used in the application of alcohol and soap used in preparing the patron's skin should be covered with a disposable plastic bag and shall be discarded after each use.
Only petroleum jelly, United States Pharmacopoeia or National Formulary, shall be applied to the area to be tattooed by sterile tongue depressors using a single disposable container. The application may be spread by the use of sterile gauze, but not directly with the finger.
The stencils for transferring the design to the skin for a tattoo shall be disposable paper stencils. No plastic or reusable stencils shall be used.
Only FDA-approved dyes shall be used in the tattooing process, and no homemade dyes may be used. Single-service or individual portion 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. All dyes or pigments used in tattooing shall be approved by the Board of Health.
A set of individual, single-service sterilized needles or instruments shall be used for each patron. Needles should be of a silver soldered nature containing no lead. Needles should be cleaned in an ultrasonic cleaning device, sterilized and stored in individualized sterile bags (steribags). Tubes used in the operation shall be made of stainless steel.
Sterilization shall be done by holding in an approved autoclave for 25 minutes at 200 pounds pressure.
Proper functioning of sterilization cycles shall be verified by the weekly use of biological indicators (i.e. spore tests). A log book of these weekly test results shall be available, and a test may be required to be performed during any inspection.
If the primary source of sterilization malfunctions, the Board of Health must be notified within 24 hours. In an emergency situation, the Board of Health may approve alternate sterilization techniques.
No rusty, dull or faulty needles shall be used for tattooing or piercing. No needle grouping shall be reused.
As the tattoo operation progresses, any excess dye or pigment applied to the skin shall be removed with sterile gauze, sterile cotton or paper towels.
The completed tattoo shall have the excess dye or pigment removed with paper towels and green soap. It shall then be washed with a piece of sterile gauze, sterile cotton or paper towel saturated with an approved germicidal solution (tincture of green soap). It shall be allowed to dry. After drying, petroleum jelly, United State Pharmacopoeia or National Formulary, shall be applied 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.
Storage cabinets shall be maintained in a sanitary condition, and all instruments, dyes, pigments, stencils and other paraphernalia shall, when not being used, be kept in them in an orderly arrangement.
Work tables shall be kept clean and orderly and shall have washable interiors.
No tattooing or body piercing operation shall be carried out closer than 10 feet from observers or waiting customers unless such operation is separated from observers or waiting customers by a panel or other barrier as provided by Section 7H.
No person, except a duly licensed physician, shall engage in the practice of removing any tattoo.
Any person who violates any provision of this chapter shall, upon conviction, be punishable by a fine of not more than $500 nor less than $5 for each violation. Each day that such violation continues shall be deemed a separate offense.