[HISTORY: Adopted by the Bloomfield Council 4-19-1999[1] (Ch. 239 of the 1987 Code). Amendments noted
where applicable.]
[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Editor's Note: This ordinance superseded former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:
The piercing or puncturing of the skin, cartilage, bone or
other tissue of the body of a person.
Any individual, corporation, partnership, sole proprietorship
or other form of business entity which is created pursuant to Title
14A of the New Jersey Statutes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The placing of an indelible mark or figure fixed upon the
body of a person by the insertion of pigment under the skin.
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 they have 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 their 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.
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 of Health and
has received a certificate of sanitation from the Board of Health.
No certificate of sanitation shall be issued or renewed unless the
shop has been inspected by the Board of Health and found to be in
compliance with the requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 of Health, in writing, within 30 days before
December 30 of each year.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
After due notice and hearing, the Board of Health
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.
[Amended 5-5-2008 by Ord.
No. 08-18]
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.
