As used in this article, the following terms shall have the
meanings indicated:
APPRENTICE
Any person who performs the art of body piercing under the
direct supervision of a practitioner in order to learn body art procedures.
BODY ART
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.
BODY PIERCING
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.
CERTIFICATE OF INSPECTION
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.
LEGAL GUARDIAN
An individual who, by legal appointment or by the effect
of written law, has been given custody of a minor or adult.
OPERATOR
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.
PRACTITIONER
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.
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.
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.