Township of Bloomfield, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Bloomfield Council 4-19-1999[1] (Ch. 239 of the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Public health nuisances (Board of Health) — See Ch. 640.
Sanitation (Board of Health) — See Ch. 652.
Tanning salons (Board of Health) — See Ch. 670.
[1]
Editor's Note: This ordinance superseded former Ch. 239, adopted 10-16-1978 as Sec. 19-48 of the 1962 Code, as amended.
No person shall engage in the business of tattooing or body piercing or shall conduct any business where tattooing or body piercing is performed or shall perform tattooing or body piercing of any other person without complying with the requirements of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
BODY PIERCING
The piercing or puncturing of the skin, cartilage, bone or other tissue of the body of a person.
PERSON
Any individual, corporation, partnership, sole proprietorship or other form of business entity which is created pursuant to Title 14 of the New Jersey Statutes.[1]
TATTOOING
The placing of an indelible mark or figure fixed upon the body of a person by the insertion of pigment under the skin.
[1]
Editor's Note: See now Title 14A.
No person shall engage in the business of or practice of tattooing or body piercing of other people within the Township without first obtaining a license from the Township Health Department. Such an application shall be made on an application form provided by the Township.
The license fee shall be $100 for a one-year licensing period from January 1 to December 31. All licenses issued during the course of a calendar year shall expire on December 31 of that year, regardless of the date issued.
Every person engaged in the practice of tattooing or body piercing shall submit a medical certificate to the Health Department, with the application signed by a physician duly licensed to practice medicine in the State of New Jersey, stating that the prospective licensee is free from all contagious or communicable diseases or conditions which may jeopardize the health of clients, and shall submit proof to the Health Department that he or she has been vaccinated for hepatitis B and has had a PPD skin test for tuberculosis.
Every person engaged in the practice of tattooing or body piercing shall at all times comply with the following requirements:
A. 
All tattoo and body piercing related procedures are to be carried out in a clean, safe and sanitary manner as approved by the Township Health Department so as to minimize the potential of disease transmission.
B. 
All areas of the tattoo or body-piercing establishments shall be constructed and maintained in a clean, safe and sanitary manner in compliance with all applicable statutes, laws, regulations, codes and ordinances of the Township and the State of New Jersey.
C. 
All walls, ceilings and floors shall be smooth and easily cleaned. 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 floors shall be swept and mopped daily, The walls, ceilings or floors shall not be swept or cleaned while tattooing or body piercing is occurring.
D. 
Adequate light and ventilation shall be provided.
E. 
Adequate toilet and hand-washing facilities shall be available in the establishment separate and isolated from the business area in which tattooing or body piercing is performed, for the use of customers and personnel of the establishment. Toilets and washing facilities shall be maintained in a sanitary condition at all times.
F. 
Separate areas must be maintained for tattooing and body piercing. Only tattooing shall be permitted in the tattoo area, and only body piercing shall be permitted in the body-piercing area.
G. 
All areas of the establishments are to be accessible for inspection by the Township Health Department and its authorized representatives.
H. 
Only FDA-approved dyes, where applicable, shall be used in the tattooing process, and no homemade dyes may be used. All such solutions shall be maintained in a sterile condition by methods approved by the Township Health Department prior to use.
[Amended 1-3-2000; 12-18-2000 by Ord. No. 00-42]
I. 
All instruments used in connection with the preparation for or process of tattooing or body piercing shall be sterilized by a sterilizer (autoclave) which is approved by the FDA before each use. Sterilization of equipment will be accomplished by exposure to live steam for at least 28 minutes at a minimum pressure of 15 pounds per square inch and temperatures of not less than 250° F. The owner or person in charge of the establishment shall be responsible for maintaining a log which indicates that the autoclave has been checked during each cycle and meets the aforementioned standards. All cleaned and ready-to-use needles and instruments shall be stored in a protective manner to prevent subsequent contamination. If disposable instruments are used, those instruments shall be disposed of in accordance with applicable laws.
[Amended 12-18-2000 by Ord. No. 00-42]
J. 
Permanent records for each patron shall be maintained by the owner of the tattoo establishment or body-piercing establishment.
(1) 
These records shall be maintained for a minimum period of four years except if the patron is under 18 years of age, in which event these records shall be maintained a minimum of four years from the 18th birthday of said patron and shall include the following information:
(a) 
The name, address, sex and age of the person tattooed or body-pierced.
(b) 
The date of tattoo and date of body piercing.
(c) 
The physical location and description of the tattoo and physical location and description of the body piercing.
(d) 
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 customer has a need for this information, then the establishment must release it to the customer.
(e) 
The name, address and telephone number of the person applying the tattoo and the name, address and telephone number of the person performing the body piercing.
(f) 
The parent or legal guardian's written consent form for minors.
(2) 
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 Health Department.
K. 
More than one set of sterilized needles, tunes and tips shall be kept on the premises at all times.
L. 
No person, customer or patron having any skin infection or other diseases of the skin or any communicable disease shall be tattooed or have body piercing performed. All infections resulting from the practice of tattooing or body piercing which becomes known to the owner or person in charge of the tattooing establishment or body-piercing establishment shall promptly be reported to the Township Health Department by the person owning or in charge of the tattoo or body-piercing establishment, and the infected client shall be referred to a physician.
M. 
It shall be unlawful to tattoo any person or perform body piercing on any person under the age of 18 years without written consent of his/her guardian, and such written consent shall be kept on file for at least four years at the establishments where the tattooing or body piercing is performed from the 18th birthday of the minor. Where there is doubt about such an age, the person in charge of the establishment shall obtain written proof thereof before the tattooing or body piercing is done. Written proof of age must be photocopied and kept by the owner or person in charge of the establishment. All customers under 19 years of age must be accompanied by a parent or legal guardian. Both customer and parent or legal guardian must sign a consent form, and a driver's license or other appropriate form of identification shall be photocopied and attached to the consent form.
N. 
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 is conducted in compliance with the terms of this chapter.
O. 
Immediately after tattooing or body piercing a patron, the person who performed the procedure shall advise that patron of the care of the tattoo or body-pierced area and shall instruct the patron to consult a physician at the first sign of infection.
P. 
The person applying the tattoo or performing the body piercing shall wear protective gloves made of rubber or latex-like material while applying the tattoo or performing the body piercing.
Q. 
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.
R. 
Information pertaining to employees.
(1) 
The establishment must file with the Health Department annually with the license application and any renewal thereof a list of the following information for each employee:
(a) 
Name.
(b) 
Home address.
(c) 
Home phone number.
(d) 
Position or job title.
(2) 
The owner or person in charge of the establishment shall amend the list accordingly and submit it to the Health Department immediately upon the addition of an employee or termination of an employee.
A. 
No person, partnership, firm or corporation shall operate a tattooing shop unless such person, partnership, firm or corporation has registered such shop with the Board and has received a certificate of sanitation from the Board. No certificate of sanitation shall be issued or renewed unless the shop has been inspected by the Board and found to be in compliance with the requirements of this chapter.
B. 
A fee of $200 shall be required of each applicant for a certificate of sanitation. A fee of $200 shall be required of each applicant for the renewal of a certificate of sanitation. In the event of failure to qualify for a certificate of sanitation, the fee shall not be refunded to the applicant.
All licenses and certificates of sanitation shall expire on the 30th day of December of each year. Applications for the renewal of a license or of a certificate of sanitation must be presented to the Board, in writing, within 30 days before December 30 of each year.
After due notice and hearing, the Board may suspend or revoke any license or certificate of sanitation issued under this chapter for violation of the provisions of this chapter.
The following requirements for a tattooing and body-piercing shop must be complied with in order to qualify for and hold a certificate of sanitation.
A. 
The shop shall be so located or constructed as to prevent the contamination of the work areas of the shop by dust from the street or sidewalk.
B. 
The shop shall be maintained in a sanitary condition.
C. 
All walls, ceilings and floors shall be smooth and easily cleaned. 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.
D. 
Adequate light and ventilation must be provided.
E. 
Each shop shall contain a sink for the exclusive use of the tattoo or body-piercing artists to wash their 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 approved soap, clean individual towels and refuse containers.
F. 
Adequate toilet, urinal and hand-washing facilities shall be available on the shop premises for the use of customers and the tattoo artist. Toilets, urinals and hand-washing facilities shall be maintained in a sanitary condition at all times.
G. 
An adequate number of work tables shall be provided for each tattoo and body-piercing 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.
H. 
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. 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. The 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. 
Signs shall be posted reading "No spitting on the floor of this shop."
K. 
The holder of a certificate of sanitation shall not allow a tattoo and body-piercing artist to perform in the shop unless the artist is the holder of a valid license as required in this chapter.
L. 
Only tattooing or body piercing shall be permitted in the tattoo shop.
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to a penalty as provided in § 1-15, General penalty, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.