[HISTORY: Adopted by the Borough Council
of the Borough of Old Forge 8-21-2007 by Ord. No. 2007-3. Amendments noted where
applicable.]
The title of this chapter shall be known and
may be cited as the "Tattoo Parlor Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
The practice of physical body adornment by permitted establishments
and operations 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 production
of scars upon the body.
Any person who actually performs the work of body piercing.
Any room or space where body piercing is practiced or where
the business of body piercing is conducted or any part thereof.
The Code Enforcement Officer and/or Police Department of
the Borough of Old Forge, the Director of the said Department, or
any authorized representative thereof.
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 establishment.
Any place or premises, 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 who controls, operates, conducts or manages any
tattooing or body-piercing establishment, whether actually performing
tattooing or body piercing or not.
Water which is 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, unapparent, 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 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 plastic ware, disposable razors, scalpel blades,
or other sharp objects that have cut or pierced the skin or have been
in contact with infectious agents.
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 establishments 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 establishment 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.
Establishment certificate.
(1)
No person, firm, partnership, joint venture, association,
business trust, corporation or any organized group of persons may
operate a tattooing or body-piercing establishment unless it has received
a tattooing/body-piercing establishment certificate from the Department.
(2)
Any person operating a tattoo/body-piercing establishment
shall obtain a certificate from the Department annually.
(3)
The applicant shall pay a reasonable fee as set by
the Department for each tattooing/body-piercing establishment certificate.
(4)
A certificate for a tattooing/body-piercing establishment
shall not be transferable from one place or person to another.
(5)
A certificate shall automatically expire on December
31 of each year unless renewed by the Department upon the request
of the licensee and payment of the fee.
(6)
A current tattooing/body-piercing establishment certificate
shall be posted in a prominent and conspicuous area where it may be
readily observed by patrons.
B.
Operator certificate.
(1)
No person shall practice the art of tattooing or body
piercing within the Borough of Old Forge without first obtaining a
certificate from the Department.
(2)
All certificates 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 Department.
(3)
Issuance.
(a)
No certificate to practice the art of tattooing
or body piercing shall be issued unless:
[1]
The applicant furnishes proof of having previously
held such a certificate, and the applicant furnishes proof of having
served an apprenticeship in tattooing under an operator's certificate
pursuant to this section for a period of at least three years or apprenticeship
in body piercing under an operator's certificate pursuant to this
section for a period of at least 18 months; or
[2]
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 this chapter, and the applicant furnishes
proof of having attended a blood-borne pathogens training program
given or approved by the Department within the past three years, and
the applicant pays the certificate fee as set by the Department.
(b)
Upon adoption of this chapter, individuals who comply with all of the above provisions, except Subsection B(3)(a)[2] relating to blood-borne pathogens training, will be issued a temporary certificate valid for a period of six months. At the end of this period, upon proof of attendance, a permanent certificate (valid for three years) will be issued.
(5)
No certificate shall be issued unless, following reasonable
investigation by the Department, the tattoo/body-piercing operator
has demonstrated compliance with the provisions of this section and
all other applicable regulations.
(6)
All certificates shall be conditioned upon continued
compliance with the provisions of this section, as well as all other
applicable regulations.
(7)
The certificate shall be posted in a prominent and
conspicuous area where it may be readily observed by patrons.
C.
Apprentice certificate.
(1)
Any person certified as a tattoo/body-piercing operator
pursuant to this section may apply to the Department for one or more
apprentice certificates which, upon issuance, will allow the apprentice
named thereon to practice tattooing in the establishment of and under
the direct supervision of the certified operator named thereon for
a period of three years or practice body piercing in the establishment
of and under the direct supervision of the certified operator named
thereon for a period of 18 months.
(2)
The applicant shall pay a reasonable fee as set forth
by the Department for each apprentice certificate.
(3)
The apprentice certificate shall be posted in a prominent
and conspicuous area where it may be readily observed by patrons.
D.
Temporary establishment/operator certificate. Temporary
establishment and, when required, operator certificates 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
establishment certificate issued in accordance with this section is
prohibited.
(1)
Temporary operator and/or establishment certificates
will not be issued unless:
(2)
In lieu of attendance at a blood-borne pathogens training program given by the Department within the past three years as specified in Subsection B(3)(a)[2] above, the applicant may furnish proof of attendance at equivalent training which is acceptable to the Department.
(3)
Temporary certificates expire after seven days or
the conclusion of the special event, whichever is less.
(4)
Temporary operator and/or establishment certificate(s)
will not be issued unless the applicant has paid a reasonable fee
as set by the Department.
(5)
The temporary establishment/operator certificate(s)
shall not be transferable from one place or person to another.
(6)
The temporary establishment/operator certificates
shall be posted in a prominent and conspicuous area where they may
be readily observed by the 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 certification.
(2)
Be responsible for maintaining a list of certified
operators or apprentices employed at the facility for review by the
Department upon request.
(3)
Post the valid establishment, operator(s), or apprentice
certificates.
(4)
Comply with all the requirements of this chapter.
(5)
Allow the Department representative to inspect the
facility when it is open for business.
(6)
Notify the Department in writing 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 Department prior to resuming business.
B.
Tattooing/body-piercing services shall not be provided outside of a certified establishment unless a temporary establishment certificate has been obtained pursuant to § 311-3 of this chapter.
C.
The facility shall comply with the most current version
of the United States Department of Labor, Occupational Safety and
Health Administration (OSHA) Occupational Exposure to Blood Borne
Pathogens Standard, 29 CFR 1910.1030, including OSHA instruction CPL
2-2.44C, or later editions.
A.
Location. All tattoo/body-piercing establishments
shall be completely separated by solid partitions, or by walls extending
from floor to ceiling, from any room used for human habitation, a
food establishment 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 establishment, 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 establishment.
The juncture between the floor covering and the wall shall be closed,
and in new establishments 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 each use. Worktables
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 establishment is to be located
convenient to the work area.
D.
Lighting. General illumination of at least 10 footcandles
at a point 30 inches above 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 condensation 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 Chapter 90, Air Pollution, of the Code of the Borough of Old Forge.
F.
Water supply. Water shall be of a safe, sanitary quality
from a source approved by the Department 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 shall
be provided with cold and hot water conveniently available at all
times when the establishment is open for service.
G.
Liquid waste disposal. All liquid wastes shall be
disposed in accordance with the requirements of the Plumbing and Health
Codes and regulations adopted thereunder, and any other applicable
ordinances and regulations of the Borough of Old Forge. Such wastes
shall be discharged into the municipal sewerage system, if available.
If such system is not available, liquid wastes shall be disposed of
in a manner approved by the Department.
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 caked with dried blood
are to be placed in closable, leakproof, color-coded or labeled containers
built to contain all contents during handling, storing, transporting,
or shipping. These containers are to be sterilized in an autoclave
prior to disposal or transported and processed by an infectious waste
transporter and disposal site approved by the Pennsylvania Department
of Environmental Protection. Where on-site autoclaving is utilized,
autoclavable plastic bags are to be used for containerization of the
waste.
(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 leakproof
on the sides and bottom and labeled or color-coded to identify the
contents as a biohazard. These containers are to be sterilized in
an autoclave prior to disposal or transported and processed by an
infectious waste transporter and disposal site approved by the Pennsylvania
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 establishment 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 conform to the requirements of Chapter 90, Air Pollution, and regulations adopted thereunder.
(2)
A hand-wash 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 hand washing and preparing the
customer. 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. Effective measures
shall be taken to protect against the entrance into the establishment
and the breeding or presence on the premises of insects and rodents.
Insects and rodents shall not be present in any part of the establishment.
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 workstations
or areas frequented by the public are 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 boils, infected wounds, open
sores, acute respiratory infection, nausea, vomiting or diarrhea shall
work in any area of a tattoo or body-piercing establishment 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 Department
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 their 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 customer'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 operator shall keep their outer garments clean
at all times during business hours and shall be clean in person.
(4)
All 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-type 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 manufacturer's
directions and shall be 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 establishment is to be
equipped with an autoclave which is a design, style or model that
has received clearance by the United States Food and Drug Administration
for conformance with Section 510(k) of the Federal Food, Drug and
Cosmetic Act. Alternate sterilizing equipment may only be used when
specifically approved in writing by the Department. After each use
and before use on another customer, 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 Department 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 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 is to be available for inspection by the Department.
(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 customers, 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 hot water (110°
F.), allowed to air dry and stored in a clean, enclosed container
or 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 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 United States 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 customer. Enough wipes to be used on
one customer 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 the skin surfaces which
have any rash, pimples, boils, infections or 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 patron 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 are to be rinsed in
accordance with the manufacturer's directions and placed in individual
autoclave 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 establishment
which utilizes reusable equipment or supplies requiring sterilization.
Autoclaves must be of a design, style or model that has been cleared
by the United States Food and Drug Administration for conformance
with Section 510(k) of the Federal Food, Drug and Cosmetic Act. Alternate
sterilizing equipment may only be used when specifically approved
in writing by the Department. After each use and before using on another
customer, 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 may vary
with the type of instrument; 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, rubber bands, 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 § 311-7A(1) 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 Department 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 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 is to be available for inspection
by the Department.
(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 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 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 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 toothpicks
are to be used to identify the areas to be pierced. Gentian violet
may be utilized for making 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 customer
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: 316LVM and/or surgical-implant-grade stainless steel ASTM
F138; solid yellow or white gold which is 14K or 18K; titanium meeting
ASTM Ti6A4VELI, F136; niobium; platinum; high-density, low-porosity
nontoxic plastics meeting FDA standards where applicable (Tygon and
PTFE); autoclavable borosilicate glass (Pyrex). Certification of the
quality of the jewelry is to be obtained from the manufacturer/supplier
and made available for inspection. Inferior 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 with 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 certified body-piercing
operator(s)/apprentice are prohibited from conducting body piercing/insertions
in the establishment.
D.
Linens. If reusable cloth items are used in the care
and treatment of the customer, 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 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/body-pierced site shall be provided to each customer 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 customer to consult
a physician at the first sign of infection and contain the name, address
and phone number of the establishment. The after-care instructions
shall be made available to the Department upon request.
(2)
If the body art operator has reasonable cause to suspect
that body art is being performed in Old Forge by an unlicensed operator(s),
they shall refer the incident to the Old Forge Health Department 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 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. [If you have a history
of hemophilia, you must consult your 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. [If you have diabetes, there may be
a problem with healing in certain areas of the body such as the foot.]
(f)
Keloid. [Piercing through scar tissue can be
difficult and more painful and can result in the formation of more
scar tissue.]
(2)
Each operator shall keep records of all tattoos/piercings
administered and include the following: customer'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 Department 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.
A.
General requirements. Temporary tattooing or body-piercing operations are to comply with all aspects of the provisions relating to temporary certificates, health, cleanliness and personal hygiene of operators, practices and procedures for tattoo/body-piercing establishments and notifications as specified in §§ 311-3, 311-4, 311-6, 311-7, 311-8 and 311-9 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, and 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 (1 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.
Physicians licensed by the Commonwealth of Pennsylvania
who utilize tattooing or body-piercing procedures as part of patient
treatment are exempt from this chapter.
B.
Individuals who pierce only ear lobes or the upper
ear leading edge and strike perimeter are exempt from this chapter
when it is demonstrated that equipment, supplies or 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 United States
Food and Drug Administration requirements.
Any person who shall violate a provision of
this chapter or who shall fail to comply with any of the requirements
contained herein shall, upon conviction thereof before the appropriate
Magisterial District Judge of the Borough of Old Forge, be punishable
by a fine of not more than $1,000, plus costs of prosecution, and,
in default of payment of such fine and costs, by imprisonment for
not more than 30 days.