The Board of Commissioners of Lower Merion Township has determined
that the practice of utilizing invasive cosmetic procedures (ICP)
for decorative and cosmetic micropigmentation, commonly known as "body
piercing," "tattooing" and/or "branding," is on the rise with little
regulation in place to protect against illness and injury that may
occur from such practices and with no accounting requirements for
operators. The governing body deems it to be in the best interest
of the residents of Lower Merion Township and for the public health,
safety and welfare to adopt regulation and licensing provisions to
that end, and to provide for licensing fees to cover the costs of
investigating, administering and enforcing such provisions.
As used in this article, the following terms shall have the
meanings indicated:
BODY PIERCING
Piercing of the skin for the express purpose of insertion
of any object, including but not limited to jewelry; provided, however,
that the piercing of the lobes of the ears shall be specifically excluded
from the purview of this chapter. The practice of branding, the marking
of the human skin by the intentional application of a hot object,
shall be included in this definition and all regulations pertaining
thereto shall apply to such practice as applicable.
CERTIFICATE OF SANITATION
A certificate issued to the owner or proprietor of a body
piercing or tattoo parlor under the provisions of this chapter.
HEALTH OFFICER
The Sanitarian appointed by the Board of Commissioners of
Lower Merion Township.
LICENSE
A license issued to an operator under the provisions of this
article.
OPERATOR
The owner, lessee, manager or person in charge of premises
where body piercing or tattooing is performed.
PRACTITIONER
Any person who performs the procedure or engages in the practice
of body piercing or tattooing or branding.
TATTOO or TATTOOING
To mark or color the skin by pricking or by subcutaneous
introduction of nontoxic dyes or pigments so as to form indelible
marks or figures or by production of scars. This definition includes
microblading, a process by which pigment is inserted into the skin
for cosmetic purposes, also known as "permanent makeup" or "semi-permanent
makeup."
[Amended 12-19-2018 by Ord. No. 4151]
TATTOO PARLOR
Any premises where an operator performs tattooing for a fee
or other consideration.
No practitioner, except a duly licensed health care provider,
shall engage in the practice of body piercing or tattooing in Lower
Merion Township unless the operator where the procedure takes place
has been issued a license by the Building and Planning Department
and the premises has a current inspection certificate.
Licenses issued pursuant to the provisions of this article shall be good only for the period of one year and shall be effective only from the date of issue each year. No license will be issued for a subsequent year without again complying with the provisions of §
90-4.4 of this chapter.
In addition to the other regulations set forth in this chapter,
the following additional regulations shall apply to tattoo parlors:
A. Each practitioner must wear a clean outer garment while providing
tattooing or body piercing services.
B. Each practitioner shall have an individual fingernail file and individual
handbrush which shall be clean and which shall be sterilized before
each use by boiling for 15 minutes or by immersion in an approved
germicidal solution for not less than 20 minutes. Germicidal solutions
used to sterilize shall be changed daily and the container thoroughly
cleansed.
C. Before working on each patron, each practitioner shall clean his
or her fingernails with his or her individual nail file and shall
thoroughly wash and scrub his or her hands with hot running water,
soap and his or her individual handbrush.
D. That portion of the patron's skin to be tattooed shall be prepared
by washing with hot water and soap; by shaving with a sterile safety
razor and a single-service blade; and shaving shall be followed by
a thorough cleansing with hot water and soap applied with a clean
disposable cotton or gauze. A sterile handbrush shall be used, if
necessary, to produce a clean skin area.
E. Following the cleansing of the patron's skin, the tattoo artist shall
again wash and scrub his or her hands in the manner prescribed above.
He shall allow his or her hands to dry with the use of sanitary or
mechanical means. Before placing the design on the patron's skin,
the practitioner shall treat the skin area with 70% alcohol or other
approved germicidal solution which shall be applied with sterile cotton
or sterile gauze.
F. Only petroleum jelly, United States Pharmacopoeia or National Formulary
shall be applied to the area to be tattooed, and it shall be in collapsible
metal or plastic tubes. The application may be spread by the use of
sterile gauze, but not directly with the fingers.
G. The stencil for transferring the design to the skin shall be thoroughly
cleansed and rinsed in an approved germicidal solution for at least
20 minutes and then it shall be dried with sterile gauze or in the
air before each use.
H. In preparing nontoxic dyes or pigments, only nontoxic or sterile
material shall be used. Single-service or individual portions of dyes
or pigments in clean, sterilized, individual containers or single-service
containers must be used for each patron. After tattooing, the remaining
unused dye or pigment in the single-service or individual containers
must be discarded. The individual container must be resterilized or
discarded.
[Added 4-17-2019 by Ord.
No. 4162]
In addition to the other regulations set forth in this chapter,
the following additional regulations shall apply to body piercing:
A. The only needles allowed to be used for body piercing are those designated
as hollow, curved, or cannula. the use of a dermal punch is not permitted.
B. The jewelry to be used for starter piercing must be one of the following:
(1)
Surgical grade stainless steel, such as 316L or 316LVM (unless
the client is sensitive to nickel).
(2)
Surgical implant titanium, such as Ti6A14V ELI.
(3)
Niobium, such as 99.9% or 999 Niobium.
(4)
Tygon, a surgical plastic.
C. Under no circumstances may the following types of jewelry be used
for starter piercing:
(5)
Bone, wood, or other absorbent jewelry.
Nothing in this chapter shall be construed so as to affect the
practice of medicine or any other recognized profession or occupation
by a person duly licensed by the Commonwealth of Pennsylvania to engage
in such practice, profession or occupation, and whose license would
lawfully authorize the piercing of the body or tattooing.
The Health Officer shall have the power to enter at reasonable
times upon private or public property for the purpose of inspecting
and investigating conditions relating to the enforcement of the provisions
of this chapter.
The Health Advisory Council is hereby authorized to promulgate
specific rules and regulations governing the performance of body piercing
or tattooing procedures and the maintenance of licensed premises.