[HISTORY: Adopted by the Borough Council
of the Borough of Upland 8-13-2002 by Ord. No. 6-2002. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Board of Health of the Borough of Upland, the Health
Officer of said Board of Health, the Health Inspector of said Board
of Health, or any authorized representative thereof.
The practice of physical body adornment by permitted facilities
and operators utilizing, but not limited to, the following techniques:
body piercing, tattooing, cosmetic tattooing, branding and scarification,
and the placement of pigments, trimming, or filing of the nails.
The process of penetrating the skin or mucous membrane for
the purpose of insertion of any object, including but not limited
to jewelry, for cosmetic purposes. The term also includes the intentional
production of scars upon the body.
Any room or space where body piercing is practiced or where
the business of body piercing is conducted or any part thereof.
Any person who actually performs the work of body piercing.
The destruction of all vegetative forms of pathogenic agents
by chemical or physical means.
All machinery, including fixtures, containers, vessels, tools,
implements, furniture, display and storage areas, sinks, and other
apparatus used in connection with the operation of any facility.
Any place or premise, or any part thereof, whether public
or private, where any person conducts any enterprise, occupation,
vocation or business, whether or not for profit and whether temporarily
or permanently located.
Any person, partnership, business, corporation or other entity
who/which owns, controls, operates, conducts or manages any tattooing
or body piercing facility, whether actually performing tattooing or
body piercing or not.
Water which is at a temperature of not less than 110°
F. nor greater than 125° F.
The entry and multiplication of any pathogen in the body
of a human or animal.
A disease of humans or animals resulting from a transmissible
infection, whether or not patent, apparent, inapparent, latent, clinical
or subclinical.
Waste generated in the treatment or service of a human which
falls under one or more of the following categories:
Pathological wastes. Human pathological wastes,
including tissues that are removed during medical procedures. The
term does not include hair, nails or extracted teeth.
Human blood and body fluid waste including liquid
waste, human blood, blood products, items contaminated with blood
or dried human blood.
Used sharps. Needles, scalpel blades, suture
needles, broken or unbroken glass or plasticware, disposable razors,
scalpel blades, and other sharp objects that have cut or pierced the
skin or have been in contact with infectious age
Garbage, refuse, industrial lunchroom or office waste and
other material, including solid, liquid, semisolid or contained gaseous
material resulting from operation of residential, municipal, commercial
or institutional facilities and from community activities.
The reduction of the population of microorganisms to safe
levels as determined by public health officials.
Process of destruction of all forms of life by physical or
chemical means.
The indelible mark, figure or decorative design introduced
by insertion of nontoxic dyes or pigments into or under the subcutaneous
portion of the skin of a human being.
Any person who actually performs the work of tattooing.
Any room or space where tattooing is practiced or where the
business of tattooing is conducted or any part thereof.
The process by which the skin is marked or colored by insertion
of nontoxic dyes or pigments into or under the subcutaneous portion
of the skin so as to form indelible marks for cosmetic, medical or
figurative purposes.
A tattoo/body piercing facility that operates at a fixed
location for a period of time of not more than seven consecutive days
in conjunction with a single event or celebration.
A.
Facility license.
(1)
No person, firm, partnership, joint venture, association,
business trust, corporation or any organized group of persons may
operate a tattooing or body-piercing facility unless it has received
a tattooing/body piercing facility license from the Board of Health.
Application for this license shall be made at the Borough Office and
shall require:
(a)
Location and description of the intended facility.
(b)
Name and address of the person, firm, partnership,
joint venture, association, business trust, corporation or organized
group of persons intending to operate said facility.
(c)
Proof of existing and valid operator license
issued by the Board of Health.
(d)
A written report indicating the appropriateness
of the proposed facility for the intended use, based on a recent inspection
conducted by the Board of Health.
(2)
Any person operating a tattooing/body piercing facility
shall obtain a license from the Board of Health annually.
(3)
The applicant shall pay a fee of $100 for each tattooing/body
piercing facility license.
(4)
A license for a tattooing/body piercing facility shall
not be transferable from one place or person to another.
(5)
A license shall automatically expire on December 31
of each year unless renewed by the Board of Health upon the request
of the licensee and payment of the fee.
(6)
A current tattooing/body piercing facility license
shall be posted in a prominent and conspicuous area where it may be
readily observed by patrons.
B.
Operator license.
(1)
No person shall practice the art of tattooing or body
piercing within the Borough of Upland without first obtaining a license
from the Board of Health.
(2)
All licenses shall be valid from the date of issuance
and shall automatically expire in three years from the date of issuance
unless revoked sooner by the Board of Health.
(3)
No license to practice the art of tattooing or body
piercing shall be issued unless the applicant furnishes proof of having
previously held such a license; or the applicant furnishes proof of
having served an apprenticeship in tattooing under an operator's license
pursuant to this section for a period of at least three years, or
apprenticeship in body piercing under an operator's license pursuant
to this section for a period of at least 18 months; or the applicant
furnishes proof of having practiced the art of tattooing or body piercing
as a full-time occupation prior to the date of the passage of these
regulations; and the applicant furnishes proof of having attended
a bloodborne pathogens training program given or approved by the Board
of Health within the past three years; and the applicant pays the
$40 license fee. Upon adoption of these regulations, individuals who
comply with all of the above provisions except relating to bloodborne
pathogens training will be issued a temporary license valid for a
period of six months. At the end of this period, upon proof of attendance,
a permanent license (valid for three years) will be issued.
(5)
No license shall be issued unless, following reasonable
investigation by the Board of Health, the tattoo/body piercing operator
has demonstrated compliance with the provisions of this section.
(6)
All licenses shall be conditioned upon continued compliance
with the provisions of this section.
(7)
The license shall be posted in a prominent and conspicuous
area where it may be readily observed by patrons.
C.
Apprentice license.
(1)
Any person certified as a tattoo/body piercing operator
pursuant to this section may apply to the Board of Health for one
or more apprentice licenses which, upon issuance, will allow the apprentice
named thereon to practice tattooing in the facility of and under the
direct supervision of the certified operator named thereon, for a
period of three years, or practice body piercing in the facility of
and under the direct supervision of the certified operator named thereon
for a period of 18 months.
(2)
The applicant pays the $40 license fee.
(3)
The apprentice license shall be posted in a prominent
and conspicuous area where it may be readily observed by patrons.
D.
Temporary facility/operator license. Temporary facility
and, when required, operator licenses may be issued for tattooing/body-piercing
services provided outside of the physical site of a certified facility
for the purposes of product demonstration, industry trade shows or
for educational reasons. The provision of tattooing/body-piercing
services at a mobile facility without a temporary facility license
issued in accordance with this section is prohibited.
(1)
Temporary operator and/or facility licenses will not
be issued unless:
(2)
In lieu of attendance at a bloodborne pathogens training program given by the Board of Health within the past three years as specified in § 160-2B(3) above, the applicant may furnish proof of attendance at equivalent training which is acceptable to the Board of Health.
(3)
Temporary licenses expire after seven days or the
conclusion of the special event, whichever is less.
(4)
Temporary operator and/or facility license(s) will
not be issued unless the applicant has paid a reasonable fee as set
by the Board of Health.
(5)
The temporary facility/operator license(s) shall not
be transferable from one place or person to another.
(6)
The temporary facility/operator licenses shall be
posted in a prominent and conspicuous area where they may be readily
observed by patrons.
A.
Each facility manager shall:
(1)
Require each individual working within the facility
premises providing tattooing/body-piercing services to have a valid
tattoo/body-piercing operator or apprentice license.
(2)
Be responsible for maintaining a list of licensed
operators or apprentices employed at the facility for review by the
Board of Health upon request.
(3)
Post the valid facility, operator(s), or apprentice
licenses.
(4)
Comply with all the requirements of this chapter.
(5)
Allow the Board of Health representative to inspect
the facility when it is open for business.
(6)
Notify the Board of Health in writing by mail or in
person within five calendar days of closure of the facility. If the
same owner reopens the facility while the license is still current,
the facility operator is to inform the Board of Health prior to resuming
business.
B.
Tattooing/body-piercing services shall not be provided outside of a licensed facility unless a temporary facility license has been obtained pursuant to § 160-2 of this chapter.
C.
The facility shall comply with the most current version
of the U.S. Board of Health of Labor, Occupational Safety and Health
Administration (OSHA) Occupational Exposure to Bloodborne Pathogens
Standard, 29 CFR 1910.1030, including OSHA instruction CPL 2-2.44C,
or later editions.
A.
Location. All tattoo/body-piercing facilities shall
be completely separated by solid partitions, or by walls extending
from floor to ceiling, from any room used for human habitation, a
food facility or room where food is prepared, a hair salon, retail
sales, or other such activity which may cause potential contamination
of work surfaces. If such partition or wall contains a door or window,
the door shall be self-closing and kept closed and the window shall
not be able to be opened. When partitions are authorized to be used
to separate areas within the facility, such partitions shall not extend
closer than 18 inches to the ceiling, and shall permit free circulation
of air.
B.
Floors. Floors shall be constructed of approved materials
so as to be durable, easily cleanable, and free of open holes or cracks
and shall be kept clean and in good repair. Carpeting or other porous
floor coverings are not permitted in the service areas of the facility.
The juncture between the floor and the wall shall be closed, and in
new facilities or those extensively altered, it shall also be covered
to permit effective cleaning. Floors shall be kept clean by dustless
methods.
C.
Walls, ceilings, partitions, fixtures, equipment and
other appurtenances.
(1)
Walls and partitions in service areas shall be easily
cleanable and kept in good repair. Walls, partitions, ceilings, cabinets,
shelves, drawers, furniture, fixtures, and all other equipment and
appurtenances shall be easily cleanable and kept clean and finished
in a color that will not conceal the presence of soil.
(2)
Furniture used by the client during procedures is
to be of nonporous materials and cleaned after use by each client.
Work tables shall be constructed of smooth, easily cleanable material
and cleaned between each use. A properly designed and installed equipment
washing sink adequate for the needs of the facility is to be located
convenient to the work area.
D.
Lighting. General illumination of at least 10 footcandles
at a point 30 inches above the floor level shall be provided in all
rooms, and illumination of at least 100 footcandles shall be provided
at all working surfaces where services are provided to patrons and
where tools and instruments are cleaned and sanitized or sterilized.
Such illumination shall be reasonably free from glare and distributed
so as to avoid shadows.
E.
Ventilation. Ventilation shall be provided so as to prevent condensate and excess moisture and to remove objectionable odors and toxic substances. Construction and operation of ventilation facilities shall be such as to prevent undue chill. Exhaust outlets shall be constructed and operated so as to avoid creating a nuisance to adjacent areas as prescribed by Chapters 126, 129 and 185 of the Code of the Borough of Upland.
F.
Water supply. Water shall be of a safe, sanitary quality
from a source approved by the Board of Health and shall be provided
in adequate quantity and pressure in all rooms used for service of
patrons and/or cleaning of tools and instruments. All hand washing
facilities, containers, and sinks used for cleaning of tools and instruments
or hand-washing shall be provided with cold and hot water conveniently
available at all times when the facility is open for service.
G.
Liquid waste disposal. All liquid wastes shall be
disposed in accordance with the requirements of the Plumbing and Sewer
Codes[1] and regulations adopted thereunder, and any other applicable
ordinances and regulations of the Borough of Upland. Such wastes shall
only be discharged into the municipal sewerage system.
H.
Refuse storage and disposal.
(1)
Hair particles, paper, tissues, cottons, and other
waste materials shall be kept stored in tightly covered waste containers.
Refuse containers in areas where services are provided to patrons
shall be emptied and cleaned at least daily. All refuse containers
shall be cleanable and kept clean. All waste materials are to be removed
from the premises at least weekly. Used bandages, gauze or other disposable
items which are contaminated with blood or dried blood are to be placed
in closable, leak-proof color-coded or labeled containers built to
contain all contents during handling, storing, transporting, or shipping.
These containers are to be transported and processed by an infectious
waste transporter and disposal site approved by the PA Board of Health,
Department of Environmental Protection.
(2)
Needles or any other sharp objects which may have
come into contact with blood or blood products are to be placed in
a closable, puncture-resistant, disposable container which is leak-proof
on the sides and bottom and labeled or color coded to identify the
contents as a biohazard. These containers are to be transported and
processed by an infectious waste transporter and disposal site approved
by the PA Board of Health, Department of Environmental Protection.
I.
Sanitary facilities.
(1)
Toilet and lavatory facilities shall be adequate,
conveniently located and available during working hours for all persons
working in the facility, and shall comply with applicable statutes,
ordinances and regulations. Toilet rooms shall be constructed with
smooth, washable floors, walls and ceilings and shall be kept clean,
well illuminated and in good repair and finished in a color so as
not to conceal the presence of soil. Toilet rooms shall be ventilated
to the outside air as prescribed in the Plumbing Code, and discharge
vents shall also conform to the requirements of the Plumbing Code.[2]
(2)
A handwash sink with hot and cold running water shall
be located in the work area and shall be for the exclusive use of
the tattoo artist/body piercer for handwashing and preparing the client.
The sink shall be equipped with wrist-or-foot-operated controls, approved
germicidal soap solution provided by means of a pump dispenser, and
individual disposable or autoclavable hand brushes and fingernail
files for each operator. C-fold paper or other approved individual
hand wiping towels are to be available. Common towels and common drinking
cups are prohibited. Durable, legible signs shall be posted conspicuously
in each toilet room directing employees to wash their hands before
returning to work.
J.
Insect, rodent and animal control.
(1)
Effective measures shall be taken to protect against
the entrance into the facility and the breeding or presence on the
premises of insects and rodents. Insects and rodents shall not be
present in any part of the facility.
(2)
No live animals shall be kept or allowed in any room
where tattooing or body piercing is conducted except that guide dogs
accompanying physically disabled persons may be permitted.
K.
Soiled utility area. An area located away from work
stations or areas frequented by the public is to be provided for the
cleaning and/or sterilization of equipment. A sink with hot and cold
running water and adequate lighting and ventilation is to be provided.
A.
Employee health.
(1)
No person affected with any boils, infected wounds,
open sores, acute respiratory infection or other communicable disease
or condition, nausea, vomiting, or diarrhea shall work in any area
of a tattoo or body-piercing facility in any capacity in which there
is a likelihood of contaminating tattoo or body-piercing equipment,
supplies or work surfaces with pathogenic organisms.
(2)
Proof shall be provided upon request of the Board
of Health that all operators have either completed or were offered
and declined the Hepatitis B vaccination series, antibody testing
has revealed that the employee is immune to Hepatitis B, or that the
vaccine is contraindicated for medical reasons. Contraindication is
to be supported by a dated and signed physician's statement specifying
the name of the employee and that the vaccine cannot be given.
B.
Cleanliness and personal hygiene.
(1)
Prior to starting each tattoo, piercing or handling
the supplies for the procedure, the operator is to wash his or her
hands, forearms and nails thoroughly with an antiseptic liquid soap
or its equivalent, nail brush and water. The operator's hands and
forearms shall be dried with individual, single-use towels. Disposable
single-service surgical gloves shall be worn for any procedure involving
contact with a client's skin, hair, or other body tissue. If the operator
is allergic to latex, they should use powderless or hypoallergenic
gloves. Gloves shall be changed after contacting overhead lights,
power supplies, telephones, ink bottles, furniture, curtains, or other
nonprotected surfaces during the procedure or whenever necessary to
prevent cross-contamination. Protective gloves shall be disposed of
and hands shall be thoroughly washed after the procedure has been
completed.
(2)
Every tattoo or body-piercing operator shall wash
their hands thoroughly with warm water and soap and use an individual
clean towel after use of the toilet.
(3)
Each tattoo or body-piercing operator shall keep his
or her outer garments clean at all times during business hours and
shall be clean in person.
(4)
All tattoo or body-piercing operators shall refrain
from smoking, eating or drinking in the service area.
A.
Instrument cleaning, sterilization, storage, handling
and construction.
(1)
Cleaning and preparation of instruments for sterilization.
After each tattooing operation, the tubes and needle bars shall be
placed in an ultrasonic-type machine to remove any foreign material.
A high-quality detergent material which shall be changed daily and
is suitable for an ultrasonic machine is to be used. Ultrasonic cleaners
must be operated with the lid on to prevent contamination of adjacent
surfaces. When this process is completed, the tubes and needle bars
are to be rinsed in accordance with the manufacturers' directions
and shall be placed in a self-sealing autoclavable bag which is dated
with an expiration date not to exceed six months and sealed in preparation
for autoclaving.
(2)
Sterilization. Each tattoo facility is to be equipped
with an autoclave which is a design, style or model that has received
clearance by the U.S. Food and Drug Administration for conformance
with Section 510 (k) of the Federal Food, Drug and Cosmetic Act. After
each use and before use on another client, all needle bars, grips
and tubes and needles shall be processed by the following procedure:
cleaned, packaged in a self-sealing autoclave bag which is dated with
an expiration date not to exceed six months, and arranged in an autoclave
which is operated in strict accordance with the manufacturer's recommendations.
As the operation time of the autoclave may vary with the type of instrument,
the packaging of that item and the arrangement of items in the autoclave,
it is critical that the manufacturer's operation manual be followed.
This will assure that each item placed in the autoclave achieves the
proper temperature for sterilization. Temperature-sensitive autoclave
tape, autoclave bags with a chemical color indicator on the bag or
any other temperature-sensitive medium approved for autoclaves by
the Board of Health must be applied to each load every time the autoclave
is used. To further confirm that the autoclave is operated in a manner
to assure sterility of the processed instruments, it must be tested
monthly using a biological indicator such as spore strips or spore
suspensions which are processed by a laboratory. Records documenting
such testing must be maintained by the operator for three years. A
copy of the manufacturer's recommended procedures for the operation
of the autoclave and a copy of all test records for the autoclave
are to be available for inspection by the Board of Health.
(3)
Storage. Sterile instruments must be stored in a condition
so as to maintain their sterility. All sterile and ready-to-use needles
and instruments in their autoclaved bag or container, or in the manufacturer's
original packaging, shall be kept in an easily cleanable, dry enclosed
glass, plastic or metal case, cabinet or drawer while not in use.
Such enclosure shall be maintained in a sanitary manner at all times.
Sterile instruments may not be used if the package has been breached
or after the expiration date without first repackaging and resterilizing.
(4)
Handling. The needles and instruments shall be used,
handled, and temporarily placed during tattooing so that they are
not contaminated.
(5)
Construction. Solder used for the attachment of needles
to the needle bars for use in a tattoo machine shall be lead free.
(6)
Cleaning of other instruments and articles. Articles
that do not penetrate the skin, but are used on clients, including
containers used for the storage of items and the collection of dirty
instruments, must be thoroughly cleaned before and after each use.
These are to be cleaned by rinsing in warm water, thoroughly washing
with hot water and soap or detergent, rinsing in water at a temperature
of 160° F., allowed to air dry and stored in a clean, enclosed
container or in a manner to prevent recontamination. Instruments which
can be damaged by water, such as the electrical handpiece, are to
be thoroughly wiped with clean cotton wool or a cotton pad saturated
with 70% isopropyl alcohol, allowed to air dry and stored in a clean,
enclosed container or in a manner to prevent recontamination.
B.
Application and use of single use hectographic stencils.
(1)
Stencils shall be single-use disposable carbon or
thermal spirit master units.
(2)
Petroleum-based jellies, soaps and other products
used for the application of stencils shall be dispensed and applied
on the area to be tattooed with sterile gauze or in a manner to prevent
contamination of the original container and its contents. If used,
the gauze shall be used only once and then discarded.
C.
Use of dyes, inks and pigments.
(1)
All dyes, inks and pigments shall be from a source
of supply which complies with applicable U.S. Food and Drug Administration
regulations when available. Dyes, inks and pigments are to be used
in accordance with the manufacturer's directions and are not to be
adulterated with any substance not recommended by the manufacturer.
(2)
Immediately before applying a tattoo, the quantity
of dye, ink or pigment to be used for the tattoo shall be transferred
from the supply bottles and placed into sterile, single-use paper
cups or plastic caps. Upon completion of the tattoo, these single-use
cups or caps and their contents shall be discarded.
(3)
Excess dye, ink or pigment shall be removed from the
skin with a single-service wiping tissue or sterile gauze which shall
be discarded after use on each client. Enough wipes to be used on
one client should be kept in the working area and any not used should
be immediately discarded.
D.
Inspection, shaving and preparation of the skin.
(1)
No tattooing shall be done on skin surfaces which
have any rash, pimples, boils, infections or any other evidence of
an unhealthy condition. No tattoo operator shall remove any tattoo
marks.
(2)
If the skin is to be shaved, it must first be washed
with soap and warm water. Safety razors with single-service blades
for each client shall be used for preparation of the areas to be tattooed.
The blade shall be discarded after each use and the blade holder,
if reused, shall be autoclaved after each use.
(3)
After shaving, the area to be tattooed shall be prepared
by washing with soap and warm water and gently scrubbed with a sterile
gauze pad soaked in a germicidal preparation that is registered with
the Environmental Protection Agency.
(4)
The use of styptic pencils, alum blocks or other solid
styptic to check the flow of blood is prohibited.
E.
Concluding procedure. After completing work on any
person, the tattooed area shall be washed with a sterile gauze saturated
with an approved antiseptic solution or a 70% alcohol solution. The
tattooed area shall be allowed to air dry and an antibacterial cream
or lotion from a single-use dispenser is to be applied using sterile
gauze. A dressing shall then be affixed over the tattooed area using
either a nonstick bandage (telfa) or a sterile gauze attached with
adhesive tape. Where adhesive tape is used, the client is to be advised
as to the procedure for its removal.
F.
Linens. If reusable cloth items are used in the care
and treatment of the client, they shall be changed after each use.
The used linens shall be placed in a closed or covered container and
laundered on a weekly basis or more frequently depending upon storage
capacity and degree of contamination of the linen. Used linens shall
be laundered either by a commercial laundering or by a noncommercial
laundering process which includes immersion in laundry detergent and
chlorine bleach water or immersion in water at 160° F. for not
less than 15 minutes during the washing and rinsing operation. The
laundered linens shall be stored in a clean, enclosed storage area
until needed for immediate use.
A.
Cleaning, sterilization and handling of instruments
and supplies.
(1)
Cleaning and preparation of instruments for sterilization.
After each body-piercing operation, insertion tapers, Pennington and
other tissue forceps, nostric tubes, needle-receiving tubes, ring-expanding
and closing pliers, files, and other instruments are to be placed
in an ultrasonic-type machine to remove any foreign material. A high-quality
detergent material which shall be changed daily and is suitable for
an ultrasonic machine is to be used. Ultrasonic cleaners must be operated
with the lid on to prevent contamination of adjacent surfaces. When
this process is completed, the instruments to be rinsed in accordance
with the manufacturers' directions and placed in individual autoclavable
bags or containers, dated with an expiration date not to exceed six
months and sealed.
(2)
Sterilization of instruments or supplies. At least
one autoclave shall be provided for each body piercing facility which
utilizes reusable equipment or supplies requiring sterilization. Autoclaves
must be of a design, style or model that has been cleared by the U.
S. Food and Drug Administration for conformance with Section 510 (k)
of the Federal Food, Drug and Cosmetic Act. After each use and before
using on another client, all clamps, pliers or equipment shall be
sterilized using the following procedure: the item is to be cleaned,
packaged in a peel-pack which is dated with an expiration date not
to exceed six months, and arranged in an autoclave which is operated
in strict accordance with the manufacturer's recommendations. As the
operation time of the autoclave may vary with the type of instrument,
the packaging of that item and the arrangement of items in the autoclave,
it is critical that the manufacturer's operation manual be followed.
This will assure that each item placed in the autoclave achieves the
proper temperature for sterilization.
(a)
All new corks, rubberbands, hair clips, wooden-handled cotton swabs, toothpicks, gauze pads and other single-use items are also to be autoclaved prior to use if they are not received in a sterilized condition from the manufacturer or supplier in accordance with the requirements of § 160-7B of this chapter.
(b)
Temperature-sensitive autoclave tape, autoclave
bags with a chemical color-indicator on the bag or any other temperature-sensitive
medium approved for autoclaves by the Board of Health must be applied
to each load each time the autoclave is used. To further confirm that
the autoclave is operated in a manner to assure sterility of the processed
items, it must also be tested monthly by using a biological indicator
such as spore strips or spore suspensions which are processed by a
laboratory. Records documenting such testing must be maintained by
the operator for three years. A copy of the manufacturer's recommended
procedures for the operation of the autoclave, and a copy of all test
records for the autoclave, are to be available for inspection by the
Board of Health.
(3)
Storage. Sterile instruments must be stored in a condition
so as to maintain their sterility. All sterile and ready-to-use needles
and instruments in their autoclaved bag or container, or in the manufacturer's
original packaging, shall be kept in an easily cleanable, dry enclosed
glass, plastic or metal case, cabinet or drawer while not in use.
Such enclosure shall be maintained in a sanitary manner at all times.
Sterile instruments may not be used if the package has been breached
or after the expiration date without first repackaging and resterilizing.
(4)
Handling. During the body-piercing operation, the
needles, instruments and supplies shall be used, handled, and temporarily
placed so as to avoid contamination.
B.
Inspection, shaving and preparation of the skin.
(1)
No body piercing shall be done on skin surfaces which
have any rash, pimples, boils, infections or any other evidence of
an unhealthy condition.
(2)
If the skin is to be shaved, the skin surface must
first be washed with soap and warm water. Safety razors with single-service
blades for each client shall be used for preparation of the areas
to be pierced. The blade shall be discarded after each use and the
blade holder, if reused, shall be autoclaved after each use.
(3)
Prior to piercing, the area to be pierced shall be
gently scrubbed with individual packets of povidone-iodine or a sterile
gauze pad soaked in a germicidal preparation registered with the Environmental
Protection Agency and applied in accordance with the manufacturer's
recommendations.
(4)
Only medical-grade markers or ink and sterile tooth
picks are to be used to identify the areas to be pierced. Gentian
violet may be utilized for marking oral piercings.
(5)
The use of styptic pencils, alum blocks or other solid
styptic to check the flow of blood is prohibited.
C.
Body-piercing procedures.
(1)
The body-piercing operator will direct the client
to assure that appropriate jewelry material, sizes and styles for
the piercing are selected. Jewelry is to be made from one of the following
grades: 3 16LVM and/or surgical-implant-grade stainless steel ASTM
F138; solid yellow or white gold which is 14K or 18K; titanium meeting
ASTM Ti6A4V ELI, F136; niobium; platinum; high-density, low-porosity
nontoxic plastics meeting FDA standards where applicable (Tygon and
PTFE); and autoclavable borosilicate glass (Pyrex). Certification
of the quality of the jewelry is to be obtained from the manufacturer/supplier
and made available for inspection. Substandard jewelry such as that
which is damaged, scratched, intended for earlobes or not expressly
designed for body piercing, jewelry made of silver, gold-plated or
filled or other corrosive metal or threaded jewelry 16 gauge or thicker
with external threads shall not be used. Jewelry which has not been
sterilized by the manufacturer and maintained in an individual factory-sealed
package or container is to be placed in a sealed package, dated and
sterilized by autoclave. When stored in a closed, clean, dry container,
jewelry stored in paper autoclave bags may be stored up to three months
and up to one year when a full plastic autoclave bag is used.
(2)
Ear-piercing guns may not be used for piercing any
part of the body other than ear lobes and the upper ear perimeter.
(3)
Piercing needles shall be single service and not reused.
(4)
Individuals other than the licensed body-piercing
operator(s)/apprentice are prohibited from conducting body piercing/insertions
in the facility.
D.
Linens. If reusable cloth items are used in the care
and treatment of the client, they shall be changed after each use.
The used linens shall be placed in a closed or covered container and
laundered on a weekly basis or more frequently depending upon storage
capacity and degree of contamination of the linen. Used linens shall
be laundered either by a regular commercial laundering or by a noncommercial
laundering process which includes immersion in laundry detergent and
either chlorine bleach water or water at 160° F. for not less
than 15 minutes during the washing and rinsing operation. The laundered
linens shall be stored in a clean, enclosed storage area until needed
for immediate use.
A.
Notifications.
(1)
Verbal and written instructions for the care of the
tattoo/pierced site shall be provided to each client by the operator
prior to the initiation of the procedure. The after-care instructions
for body piercing shall be appropriate for the area being pierced.
The written instructions shall advise the client to consult a physician
at the first sign of infection and contain the name, address and phone
number of the facility. The after-care instructions shall be made
available to the Board of Health upon request.
(2)
If the body-art operator has reasonable cause to suspect
that body art is being performed in the Borough of Upland by an unlicensed
operator(s), they shall refer the incident to the Upland Borough Office,
Borough Manager/Secretary or directly to the Health Inspector or Health
Officer, and provide any reasonable assistance or information.
B.
Client records.
(1)
Prior to the tattooing or body-piercing procedure,
the operator is to advise the client to contact a physician prior
to the procedure if they fall within any of the following risk categories
(suggested informational wording is provided in brackets):
(a)
History of skin disease or skin cancer at the
site of service. (If you currently or in the past have had skin disease
or cancer at, around, or near the site, undergoing this procedure
will greatly increase the chances of recurrence or magnification of
these problems.);
(b)
History of allergies or anaphylactic reaction
to pigments, dyes or other sensitivities. (If you have any known allergies
or anaphylactic reaction to any cleaning solutions, dyes, pigments
or any other chemical used in the process, please let the technician
know so that other preparations can be made.);
(c)
Taking medications such as anticoagulants which
interfere with the clotting of blood. (If you are currently or have
recently taken medications that interfere with normal blood clotting,
it is best to consult with your physician before obtaining this procedure.
Inform the technician of this potential problem.)
(d)
History of hemophilia or other bleeding disorders.
(If you have a history of hemophilia, you must consult with a physician
regarding the procedure. Some piercings carry an inherent risk of
heavy short-term bleeding and you must not undergo these procedures
without a physician's approval.)
(e)
Diabetes, peripheral nerve disease, or any deficiency
of the immune system. (If you have diabetes, there may be a problem
with healing in certain areas of the body such as the foot.)
(f)
Keloid: existence, propensity or history of
Keloid formation. (Piercing through tissue can be difficult and more
painful and can result in the formation of more scar tissue.)
(g)
Any deficiency of the immune or circulatory
system.
(2)
Each operator shall keep records of all tattoos/piercings
administered and include the following: client's name; date; time;
identification of tattoo/piercing; and operator's name. Such records
shall be retained for a minimum of two years and made available to
the Board of Health upon request.
C.
Prohibitions.
(1)
It is prohibited to perform tattooing or body piercing
on any body part of a person under the age of 16 except when prescribed
by a physician's statement.
(2)
Tattooing or performing body piercing on any body
part of a person under the age of 18 is not to be performed without
the written consent of the parent or legal guardian of such minor.
This consent is to be given in person to the tattooing artist, body
piercer or responsible person at the facility by the parent or legal
guardian at the time the tattooing or piercing is to commence. The
operator is required to see photographic identification of the adult
as well as confirm that the adult is the parent or legal guardian
of the minor.
(3)
It is prohibited to perform tattooing or body piercing
on a person who, in the opinion of the operator, is inebriated or
appears to be under the influence of alcohol or drugs which alter
cognitive function.
A.
General requirements. Temporary tattooing or body-piercing operations are to comply with all aspects of the provisions relating to temporary licenses, health, cleanliness and personal hygiene of operators, practices and procedures for tattoo/body-piercing facilities and notifications as specified in §§ 160-2, 160-3, 160-5, 160-6, 160-7 and 160-8 of this chapter.
B.
Site requirements.
(1)
Tattooing/body piercing must be conducted within a
building or structure which provides protection against the elements
and dust, and is free of insects, rodents, other nuisances or pests.
The tattooing/body-piercing area is to be separated by a partition
from any retail sales or other such activity which may cause potential
contamination of work surfaces.
(2)
Adequate light and ventilation is to be provided at
the work location.
(3)
Facilities shall have easy access to adequate toilet
facilities and a lavatory with hot and cold running water, as part
of surrounding premises or adjacent to the facility.
(4)
All needles or any other sharp objects which may have
come into contact with blood or blood products are to be disinfected
by immersion in a chlorine bleach solution (one tablespoon of bleach
in one quart of water) or autoclaved prior to placement in a sealed
rigid container for disposal by the tattoo artist/body piercer. All
other wastes are to be removed and properly disposed.
A.
Medical practitioners licensed by the Commonwealth
of Pennsylvania who utilize tattooing or body-piercing procedures
as part of patient treatment are exempt from these regulations.
B.
Individuals who pierce only earlobes or the upper
ear leading edge and strike perimeter are exempt from these regulations
when it is demonstrated that equipment, supplies or jewelry that come
into contact with the client's ear are sterile, and that the operator's
hands that come into contact with equipment, jewelry or the client's
skin surface are clean and disposable medical examination-type gloves
are used. Individuals who use ear-piercing guns must conform to the
manufacturer's directions on use and applicable U.S. Food and Drug
Administration requirements.
If any section, subsection, sentence, clause,
phrase or portion of this chapter is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions
hereof.
A.
Notices. Whenever the Board of Heath, during the normal
course of time, or as a result of an inspections of any tattooing/body-piercing
facility, determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this chapter
or any regulation adopted pursuant thereto, the Board of Heath shall
give notice of such alleged violation as hereinafter provided. Such
notice shall:
(1)
Be in writing.
(2)
Include a statement explaining the reason for its
issuance.
(3)
Contain an outline of remedial actions which, if taken,
will effect compliance with the provisions of this chapter.
(4)
Be served upon the facility owner or the facility
manager, tattoo artist/operator body-piercing artist/operator present
at the facility, as the case may require, provided, however, that
such notice or order shall be deemed to have been properly served
upon such facility owner or the facility manager, tattoo artist/operator
body-piercing artist/operator when a copy thereof has been served
with such notice by any other method authorized or required by laws
of the Commonwealth of Pennsylvania.
B.
Penalties.
(1)
Any person, partnership, business, corporation or
other entity who/which fails, neglects or refuses to comply with any
or all of the requirements of the provisions of this chapter, or who/which
fails to comply with any notice, order or direction of the Board of
Health of the Borough of Upland, upon a first conviction thereof in
a summary proceeding before a District Justice, such person, partnership,
business, corporation or other entity or the officers of any such
corporation or the agent of any of them responsible for such violation,
shall be sentenced to pay a fine to the Borough of Upland of not more
than $600, plus the cost of prosecution, and relinquish their associated
facility license to operate their business for a period not to exceed
30 days.
(2)
Upon a second such conviction, such person, partnership,
business, corporation or other entity or the officers of any such
corporation or the agent of any of them responsible for such violation
shall be sentenced to pay a fine to the Borough of Upland of not more
than $600, plus the cost of prosecution, and relinquish their associated
facility license to operate their business for a period not to exceed
90 days.
(3)
Upon a third such conviction, such person, partnership,
business, corporation or other entity or the officers of any such
corporation or the agent of any of them responsible for such violation
shall be sentenced to pay a fine to the Borough of Upland of not more
than $600, plus the cost of prosecution, and will have the associated
facility and operator's licenses revoked.
Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this chapter or of any rule or regulation adopted pursuant thereto
may request and shall be granted a hearing on the matter before the
Borough Council of Upland or a committee appointed by the Borough
Council, provided that such person shall file in the office of the
Borough Manager/Secretary a brief statement of the grounds therefor
within seven days after the day the notice was served. Upon receipt
of such petition, the Borough Council, or its appointed committee,
shall set a time and place for such hearing and shall give the petitioner
written notice thereof. At such hearing, the petitioner shall be given
an opportunity to be heard and to show why such notice should be modified
or withdrawn. The petitioner shall be notified of the hearing date
not later than seven days after the day on which the petition was
filed, and the hearing shall commence not later than 30 days from
said notice. After the hearing, the Borough Council, or its appointed
committee, may sustain, modify or withdraw the notice of the violation
on the basis of the finding of the hearing and shall give the petitioner
written notice thereof. Such proceedings shall be summarized in writing
and shall become a matter of public record in the office of the Borough
Manager/Secretary. Such record shall also include a copy of every
notice or order issued in connection with this matter. If the appointed
committee hears the petitioner, and makes a decision which the petitioner
rejects, the petitioner shall have the right to appeal to the entire
Borough Council within five days of receiving the notice asking the
entire Borough Council to hear the case and make the ruling. Any person
aggrieved by the decision of the Borough Council may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
this state.
Any notice served pursuant to § 160-12A of this chapter shall automatically become an order if a written petition is not filed in the office of the Borough Manager/Secretary within seven days after such notice is filed.
Whenever the Board of Health finds that there
exists any violation of this chapter which creates an emergency requiring
immediate correction to protect the health or safety of the public,
the Board of Health may issue an order reciting the existence of such
an emergency and require that such action be taken as he/she deems
necessary to meet the emergency. Notwithstanding the other provisions
of this chapter, such order shall be effective immediately but, upon
petition to the Borough Council, shall be afforded a hearing as soon
as possible. After such hearing, depending upon the findings of the
Council as to whether the provisions of this chapter and of the rules
and regulations adopted pursuant thereto have been complied with,
the Board of Health shall continue such order in effect, modify or
revoke it.
The Board of Health is hereby authorized and
directed to make inspections of the conditions of the tattooing and/or
body-piercing facilities located in the Borough of Upland. Said inspections
will be carried out on an annual basis, and as required by the provisions
of this chapter. Upon display of proper identification, the Board
of Health is authorized to enter, examine and survey such facilities
during any normal business hours.