[Adopted 6-30-2009 by Ord. No. O-09-32]
A.
The Township
Council of Howell Township has general jurisdiction under N.J.S.A.
26:3-64 to adopt health ordinances for the control of disease and
improvement of health of its citizens, and the New Jersey Administrative
Code authorizes the regulation of establishments that engage in the
practice of tattooing, body piercing, ear piercing and the application
of permanent cosmetics.
B.
There is
a need for the regulation of these establishments because of the potential
danger for the spreading of communicable disease unless there are
safeguards in place to ensure that the processes are safe and administered
in accordance with the appropriate regulations.
As used in this article, the following terms shall have the
meanings indicated:
Any person who performs the art of body piercing under the
direct supervision of a practitioner in order to learn body art procedures.
The practice of physical body adornment is permitted in establishments
operated by licensed operators utilizing, but not limited to, the
following techniques: body piercing; tattooing; and permanent cosmetics.
Body piercing includes piercing of any portion of the ear with the
exception of the ear lobe.
A license issued to the owner of a body art establishment
to operate a business under the provisions of this chapter.
Puncturing or penetration of the skin of a person using presterilized
single-use needles and the insertion of presterilized or disinfected
jewelry or other adornment thereto in the opening. Such definition
shall not apply to medical services performed by a licensed physician.
A certificate of approval from the Monmouth County Department
of Health that a body art and body art establishment has been inspected
and meets all of the requirements of this chapter.
An individual who, by legal appointment or by the effect
of written law, has been given custody of a minor or adult.
The owner or owner's designee having ownership, control or
custody of any place of business or employment and who manages the
day-to-day operations of the body art establishment.
Any person who performs body piercing, inclusive of piercing
of any portion of the ear with the exception of the ear lobe.
No person shall engage in the business of body art and body
piercing, whether for compensation or not, operate any establishment
where body piercing or body art is performed, whether for compensation
or not, or body pierce or body art any person, whether for compensation
or not, without complying with the requirements of this article, pursuant
to local rules and regulations, as well as the regulations of the
State of New Jersey, or regulations about to be adopted, including
the New Jersey Administrative Code at N.J.A.C. 8:27-1.1 et seq.
A.
No person
shall display a sign or in any way advertise or purport to be a body
art practitioner or be engaged in the business of body art without
first applying for and obtaining a body art establishment license
for the facility from the Monmouth County Department of Health.
B.
No license
to operate a body art establishment shall be issued unless a satisfactory
certificate of inspection for the establishment has been issued by
the Monmouth County Department of Health. No satisfactory certificate
of inspection shall be issued unless the body art establishment was
inspected and approved by the Department of Health and found to be
in compliance with the requirements of this article and N.J.A.C. 8:27-1.1
et seq. The most recent certificate of inspection shall be posted
in a conspicuous place near the public entrance of the establishment
where it may be readily observed by all patrons.
C.
The fee for a body art establishment license shall be as set forth in Chapter 139, Fees, 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. At least 30 days prior to expiration of a license, the licensee shall make an application for renewal with the Department of Health. Failure to file for a timely renewal shall cause the establishment to be closed until the appropriate inspection can be made.
D.
Each body
piercing establishment license issued by the Township of Howell shall
contain a registration number, and no such license shall be transferable
to another person or entity or from establishment to establishment.
The license shall be posted in a conspicuous place near the public
entrance of the establishment where it may be readily observed by
all patrons.
E.
Any person desiring to construct a new or substantially renovate, expand or substantially alter an existing licensed body art establishment shall submit plans and specifications to the Department of Health for review and final approval prior to the issuance of any building permits and prior to such renovations, expansions or alterations taking place. There is a fee as set forth in Chapter 139, Fees, for review of new and revised floor plans and specifications for the establishment of a body art establishment.
F.
A valid
certificate of occupancy issued by the Construction Official shall
be required for the operation of a body art establishment. A certificate
of occupancy shall be issued for newly constructed establishments
and for establishments that have changed ownership. Any new establishment
must comply with the Township land use ordinances and submit any appropriate
applications to the Planning or Zoning Board as may be required.[1]
G.
A person
who receives an approval to begin work to operate a body art establishment
shall utilize this approval by either the commencement of construction
of a facility or the operation of a body art establishment within
60 days of the issuance of the license or the approval shall expire.
In addition to the requirements regarding the body art establishment
in the New Jersey Administrative Code at N.J.A.C. 8:27-1.1 et seq.,
any person desiring to engage in body piercing shall apply to the
Monmouth County Department of Health, in writing, on forms promulgated
and supplied by the Department of Health. Such forms shall be duly
verified by the applicant.
A.
The applicant
shall set forth:
(1)
The
name, permanent addresses and telephone number of the applicant and
all apprentices and practitioners employed, whether paid or not.
(2)
The
address and telephone number of the manager of the business, if different
from the applicant.
(3)
If
the applicant is a corporation, partnership, LLP or LLC, the name
and address of its registered agent.
(4)
The
full business name, business address and post office address of the
proposed establishment.
(5)
A
copy of the New Jersey sales tax certificate.
(6)
If
the applicant is a corporation, partnership or firm, the federal employer
identification number (EIN) and the social security number if the
applicant is a proprietorship.
(7)
A
certificate that the applicant is a citizen of the United States or,
if not, is a holder of documentation authorizing the alien to be employed
in the United States of America, such as an alien registration card
issued by the United States Immigration and Naturalization Services
(INS) on Form No. I-151, I-551 or I-94 with an endorsement authorizing
employment in the United States of America.
(8)
If
the applicant is a partnership, firm or corporation, all information
required by the applicant shall apply not only to the partnership,
firm or corporation, but also to each officer, director or holder
of 10% of the issued stock, if a corporation, and to all members of
a partnership or firm.
(9)
Proof
of general liability insurance equal to the amount of $500,000 of
liability coverage for the applicant, operator and/or owner of the
establishment and proof of malpractice liability insurance equal to
the amount of $500,000 for the applicant, operator and/or owner of
the establishment. Such insurance policies shall name the Township
as an additional insured. Proof shall include a certificate of insurance
issued to the applicant by an insurance company licensed to do business
in the State of New Jersey.
B.
Each practitioner
shall have completed a first aid certification course sponsored by
the American Red Cross. First aid certification for all practitioners
who perform body art shall be current, and a copy of each practitioner's
certification shall be submitted with the initial application and
any subsequent renewal applications for a license.
C.
The applicant
shall furnish proof of the operator, practitioner and apprentice having
completed a blood-borne pathogens training course from the American
Red Cross, the Association of Professional Piercers or a provider
approved by the New Jersey Department of Health and Senior Services.
Proof of training shall be provided with the initial application and
any subsequent renewal applications for a license. Blood-borne pathogens
training shall be in accordance with the Occupational Safety and Health
Administration (OSHA) Rule 29, CFR Part 1910.1030, incorporated herein
by reference and as amended and supplemented.
D.
Proof
of hepatitis B immunizations series shall be provided for each practitioner,
apprentice and any other employee with a potential occupational exposure
to blood and bodily fluids. If the employee cannot obtain the vaccinations
for medical reasons, s(he) shall submit to the Health Division a letter
from a licensed physician certifying that the individual does not
have hepatitis B and the vaccination is contraindicated.
E.
With the
initial application and any subsequent renewal applications for a
license, the applicant shall provide proof of a written agreement
for consultative services with a physician licensed in the State of
New Jersey. The written agreement shall, at a minimum, include skin
conditions, after-care procedures, infections and employee health
issues.
F.
With the
initial application for a license, the applicant shall furnish proof
of the operator having experience in the operation of a body art facility
for a period of at least 12 months. Forms of proof shall be those
specified in the New Jersey Administrative Code at N.J.A.C. 8:27-1.1
et seq., as amended and supplemented.
G.
With the
application, the applicant shall furnish proof of each practitioner
having completed a minimum 1,000 hours of experience performing the
art of body piercing at a licensed body piercing facility as an apprentice
prior to being qualified as a practitioner. Forms of proof shall be
those specified in the New Jersey Administrative Code at N.J.A.C.
8:27-1.1 et seq., as amended and supplemented. The proof of 1,000
hours of experience required under this section shall be submitted
in the form of a notarized statement.
H.
The applicant
shall submit a written training program to the Health Division if
the body art establishment will provide training to apprentices.
A.
Each body
piercing establishment shall have at least one individualized, enclosed
body art room, separate and apart from observers and waiting customers.
Body art shall not be performed in any other part of the establishment
except in the body art room. Body art rooms shall be used for no other
purpose. The room in which body art is done shall have an area of
not less than 100 square feet. The walls, floors and ceilings shall
have an impervious, smooth and washable surface. Walls and ceilings
shall be light colored. Walls, ceilings and floors shall be kept clean.
The floor shall be swept and wet mopped daily. Floors, walls or ceilings
shall not be swept or cleaned while body art is being performed.
B.
Access
to restrooms used by patrons or the public shall not be through rooms
or areas used for body piercing procedures, storage, equipment washing,
disinfection or sterilization. The lavatory shall be supplied with
hot and cold running water, hand-washing soap and disposable single-use
sanitary towels.
C.
A hand-washing
sink shall be conveniently located in each room where body piercing
procedures are performed. At least one hand sink shall be provided
for every two work stations. Each hand-washing sink shall be supplied
with hot and cold running water, hand-washing soap, disposable single-use
sanitary towels and shall be maintained so as to permit convenient
and expeditious use by employees.
D.
Use of
bar-type soap at any hand-washing sink in the establishment shall
be prohibited. Only liquid hand-washing soap shall be permitted at
such sinks.
E.
All work
tables in the procedure room or areas shall be constructed of easily
cleanable impervious material and shall be separated from waiting
customers or observers. The surface of all worktables shall be constructed
of' metal or other material which is smooth, nonabsorbent, corrosive-resistant
and easily sanitized.
F.
The chair
and/or table upon which a patron will be positioned during the body
art process shall be constructed whereby it is covered with a smooth,
nonporous material. Any portion of the chair and/or table with which
a patron's exposed skin may come into contact shall be covered with
sanitary tissue and/or paper towel which shall be discarded upon completion
of work on a patron. Following work being performed on a patron, the
patron's chair and/or table shall be thoroughly cleaned with an antibacterial
solution.
G.
Each body
art establishment shall have proper closed and locked cabinets for
the exclusive storage of instruments and other body art paraphernalia
used in the establishment.
H.
The entire
premises and all equipment shall be maintained in a clean, sanitary
condition and in good repair.
B.
If the
client's parents and/or legal guardians are suspected to be under
the influence of alcohol, drugs or any other behavioral-modifying
substance, the operator and/or practitioner shall refuse the client.
C.
It shall
be unlawful for any person to operate a body art facility unless it
is at all times under the direct supervision of an operator.
D.
It shall
be unlawful for an apprentice to perform any body art procedures upon
any person without the direct supervision of a practitioner.
The Health Officer may conduct periodic inspections, with or
without notice, of any establishment engaged in body art procedures
that are governed by this article for the purpose of determining whether
or not such establishments and the persons performing the art therein
are in compliance with all applicable health provisions. It shall
be unlawful for any person or operator of a body art establishment
to willfully prevent or restrain the Health Officer or his designee
from entering any establishment where body art procedures are being
performed for the purpose of inspecting such premises, equipment and
records after proper identification is presented to the operator.
A.
The Health
Officer may revoke and remove the license for the operation of a body
art establishment at any time and summarily order the establishment
closed when, in the opinion of the Health Officer or his designee,
such action is necessary to abate an existing or threatened menace
to public health. In summarily ordering an establishment closed, the
Health Officer or his designee may request assistance from public
safety officers of the Township of Howell. Immediate closure shall
be in addition to and shall supplement any other penalty or remedy
that may be authorized by N.J.A.C. 8:27-1.1 et seq., or the Code of
the Township of Howell, as the same may be from time to time amended
and supplemented.
B.
A person
whose license has been revoked shall have the right to apply to the
Township of Howell to reinstate that license. The applicant shall
apply before the Township Council of the Township of Howell demonstrating
that it is in compliance with all local and state regulations, and
the Monmouth County Health Officer shall submit his/her position with
respect to the reinstatement sought.