[Added 4-21-2010 by Ord. No. 3909]
[1]
Editor’s Note: Former Art. II, Communicable and Noncommunicable Diseases, amended 11-18-1987 by Ord. No. 3069, was repealed 1-18-2006 by Ord. No. 3768.
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 ADVISORY COUNCIL
The Lower Merion Township Health Advisory Council.
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.
A. 
The operator where body piercing or tattooing is performed shall apply to the Health Officer for a premises license, in writing, on forms supplied by the Building and Planning Department for said purpose, which form shall be duly verified by the applicant. The application must be accompanied by the license fee provided for in Chapter A167, which fee shall include the cost of inspection. The license application shall set forth such information as the Building and Planning Department may require, including the following:
(1) 
The name and address of the operator of the premises being licensed and the address of the premises.
(2) 
The local and permanent address(es) and telephone number(s) of the operator.
(3) 
The name(s), local address(es) and telephone number(s) of the manager of the business, if different from the operator.
(4) 
The name and address of a person residing in or employed in Lower Merion Township designated by the applicant to accept service of process of any complaint arising out of an alleged violation of the provisions of this chapter. Said designee may be the operator.
(5) 
Copy of the Commonwealth of Pennsylvania Sales Tax Certificate.
(6) 
Federal employer identification number if the applicant is a corporation, partnership or firm; social security number if the applicant is a proprietorship.
(7) 
A certification that the applicant is a citizen of the United States or, if not, is the holder of documentation authorizing the alien to be employed in the United States, such as an alien registration card issued by the United States Immigration and Naturalization Service on Form No. I-151, I-155, I-94, with an endorsement authorizing employment in the United States, or the like.
(8) 
If the applicant is a partnership, firm or corporation, all information required by the application 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 public liability/bodily injury and property damage insurance and professional liability insurance in the amount of $100,000 each, per occurrence, or in such other amount as the Health Advisory Council shall determine.
B. 
Each body piercing or tattooing license issued by the Health Officer shall contain a registration number, and no such license shall be transferable.
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.
A. 
No practitioner shall engage in body piercing or tattooing in Lower Merion Township unless the premises at which such activity is to be conducted and the equipment to be utilized in conjunction therewith meets the following standards:
(1) 
The room in which body piercing or tattooing is done shall have an impervious, smooth and cleanable surface on the floor, walls and ceiling.
(2) 
A toilet shall be adjacent to the area where body piercing or tattooing is performed. The lavatory shall be supplied with hot and cold running water, soap and single use disposable towels.
(3) 
All tables shall be constructed of easily cleanable, impervious materials, and shall be separated from waiting patrons or observers by a panel at least six feet high for privacy.
(4) 
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
(5) 
The license issued by Lower Merion Township shall be displayed upon the premises, in plain view of all patrons coming to the premises for service.
B. 
It shall be a violation for anyone to pierce or tattoo any body part of an individual under 18 years of age without authorization signed by the parent or legal guardian of such person and witnessed by the business operator. The operator shall be responsible for maintaining the original consent form and copies of all consent information for a minimum period of three years or until the patron turns 21 years old, whichever is later. All records are subject to HIPAA regulations.
C. 
The practitioner must refuse the client if he/she is suspected to be under the influence of alcohol, drugs or other behavior-modifying substance.
D. 
Each person wishing a body piercing or tattoo must fill out an application which shall include the name, date of birth, address and telephone number of the patron, as well as the body location(s) where the procedure is to be performed, the name of the practitioner and the date of service.
E. 
Written guidelines shall be established for the care of the body piercing site after piercing and shall be approved by the Health Advisory Council. Each patron shall receive a written copy of the guidelines for care of body piercing or tattoo sites.
F. 
All practitioners shall have the hepatitis B vaccination series, or be offered the series and decline, in writing. Those who decline shall be tested for hepatitis B surface antigen (HgsAg) on an annual basis. Each practitioner who elects to have the series shall have completed the initial vaccination within 30 days of employment.
G. 
All practitioners will be required to attend a training program to assure basic knowledge of sterile technique and universal precautions. Verification of completion of the training program must be provided to the Health Officer prior to licensing. Any practitioner engaging in microblading must have and maintain CPCP (Certified Permanent Cosmetic Professional) certification from either the Society of Permanent Cosmetic Professionals or the American Academy Of Micropigmentation.
[Amended 12-19-2018 by Ord. No. 4151; 3-16-2022 by Ord. No. 4240]
H. 
All practitioners shall utilize the following procedures in conducting a body piercing or tattooing procedure:
(1) 
The practitioner shall wash his hands thoroughly with an antibacterial cleanser and water before starting a procedure. The hands of the operator shall be dried with individual, single use towels.
(2) 
Single use sterile gloves shall be worn with any procedure that involves contact with client's blood. The hands of the practitioner shall be thoroughly washed after the procedure has been completed.
(3) 
No piercing or tattooing shall be done on skin surface that has rash, pimples, boils or infections, or manifests any evidence of unhealthy conditions.
(4) 
The area to be pierced or tattooed shall first be thoroughly washed with warm water and an antibacterial soap using antiseptic preparation. A single-use sponge shall be used to scrub the area.
(5) 
Immediately after the piercing or tattooing, the patron shall be advised in writing on the care of the site and any indications of infection or other adverse events. Patrons should be advised to consult a physician at the first sign of infection.
(6) 
All infections resulting from body piercing or tattooing which become known to the operator or practitioner shall be reported to the Health Officer within 24 hours.
(7) 
Ear piercing guns may not be used for body piercing.
I. 
All operators and practitioners shall utilize the following standards of sanitation of instruments:
(1) 
All clean and ready-to-use needles and instruments, dyes, pigments, carbon stencils and other paraphernalia shall be kept in a closed glass or metal case or storage cabinet while not in use. Such cabinet shall be maintained in a sanitary manner at all times. Individual cabinets containing such paraphernalia shall be available for each individual practitioner.
(2) 
Only single-service or steam sterilized needles shall be used.
(3) 
Nondisposable items used for body piercing or tattooing shall be steam-sterilized before use on any patron. Any other method of sterilization shall be approved by the Health Officer. In addition, the following guidelines shall be followed:
(a) 
The sterilizer shall be well-maintained with tight-fitting gasket and a clean interior.
(b) 
The manufacturer's operating instructions and sterilization specifications shall be at hand. The operation of the sterilizer shall conform to the manufacturer's specifications with regard to temperature, pressure and time of sterilization cycle.
(c) 
Proper functioning of sterilization cycles shall be verified by the weekly use of biological indicator, i.e., spore tests. A log book of these weekly test results shall be available, and a test may be required to be done during inspections.
(d) 
Each item to be sterilized shall be individually wrapped using a chemical indicator or strip to verify steam exposure.
(4) 
Forceps, accessory equipment and jewelry must be disinfected with a chemical disinfectant registered by the Environmental Protection Agency as being tuberculocidal when used at recommended dilutions. All operators and practitioners shall follow the manufacturer's instructions when utilizing any chemical disinfectant.
(5) 
All needles should be presterilized, used on one person, in one sitting, and immediately disposed of in a medical sharps container.
(6) 
All forceps, tubes, etc., are presterilized, stored in sterile bags, and used on one person, in one sitting. After one such use, they must be autoclaved.
(7) 
All reusable, nonsterilizable implements, such as calipers, should be nonporous and disinfected after each use with bleach solution or a commercial hard-surface disinfectant liquid.
(8) 
Supplies, including corks, rubber bands, etc., will be presterilized in an autoclave or cleaned with disinfecting liquids, stored in a clean, closed container, and disposed of immediately after a single use.
(9) 
A new pair of latex single-use gloves (sterile or nonsterile) should be worn for every procedure, and gloves should be changed whenever the slightest chance of cross-contamination might occur.
(10) 
The room used for body piercing or tattooing, as well as the bathroom and other common areas, should be kept scrupulously clean and disinfected frequently. All surfaces will be nonporous, to allow them to be cleaned with a 10% bleach solution that is less than 24 hours old or other disinfecting liquids whenever cross-contamination might occur.
(11) 
Only jewelry appropriate for the purpose will be used in piercings. Jewelry with nickel or brass plating may not be used.
(12) 
All jewelry contaminated with only airborne pathogens (not previously worn or contaminated) will be disinfected with a nonhazardous hard-surface disinfectant such as Madacide. All jewelry contaminated or potentially contaminated with blood-borne pathogens (previously worn by another person) should be autoclaved.
J. 
Disposal of waste. The following guidelines shall be followed in regard to the disposal of waste associated with body piercing or tattooing:
(1) 
Needles shall not be bent or broken prior to disposal. Operators shall take precautions to prevent injuries from contaminated needles.
(2) 
Needles shall be disposed of directly into a solid, puncture-resistant container.
(3) 
Needles, as well as single-use gloves, gauze and other materials saturated with blood, shall be discarded in a plastic bag and placed into a cardboard box prior to off-site disposal. A written agreement for disposal of such waste shall be with an authorized service for disposal of medical waste.
K. 
Health of practitioner. No practitioner with any disease in a communicable form or suspected of having such disease shall perform a body piercing or tattooing procedure unless the practitioner has taken definitive prophylactic steps to ensure prevention of communicability and protection of the patron. Such diseases may include but shall not be limited to the common cold, influenza, tuberculosis, HIV virus, scabies, impetigo, syphilis, chicken pox, measles (rubeola), German measles (rubella), mumps, whooping cough, hepatitis, infection on hands or arms, sore throat or jaundice of the skin or sclera. The Health Officer may require a practitioner to provide a certificate signed by a state licensed health practitioner stating that a practitioner is free from communicable diseases before a practitioner may be present at a procedure.
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:
(1) 
Sterling silver.
(2) 
Gold of any karat.
(3) 
Costume jewelry.
(4) 
Plated gold.
(5) 
Bone, wood, or other absorbent jewelry.
A. 
In addition to being subject to the penalties provided for in § 90-13 of this chapter, any license issued under this chapter may be revoked or suspended by the Township for any misstatement in any application or for any violation in this chapter.
B. 
No license shall be revoked or suspended until the licensee has been afforded a hearing before the Board of Commissioners. Notice of the filing of a notice of violation which seeks to suspend or revoke any license issued under this chapter shall be served on the operator personally, or on the person designated to receive service pursuant to this chapter, which notice will establish a date for a hearing to be held, not more than 30 days from the date of such notice, at which time the operator shall have the right to be represented by counsel, call witnesses and cross-examine witnesses produced in support of the Notice of Violation, as well as such other rights necessary in order to ensure due process.
C. 
Should any license be revoked or suspended, no part of the license fee shall be returned.
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.
A. 
It shall be unlawful for any operator to conduct or operate a premises where body piercing or tattooing procedures are performed in the Township of Lower Merion without first obtaining a certificate of inspection from the Health Advisory Council of the Township or after revocation of the certificate as herein provided. Said certificate shall be issued only after said Council shall have ascertained by due inspection that the premises at which the procedures are to be conducted complies in all respects with the provisions of this chapter.
B. 
Said certificate shall not be transferable and shall be valid for one year from the date thereof and only for body piercing or tattooing establishment located at the premises designated in said certificate.
C. 
Whenever any operator maintains more than one body piercing or tattooing establishment in the Township, he shall be required to apply for and procure a separate certificate for each such establishment.
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.
A. 
Any operator whose application for a certificate of inspection has been denied may request and shall be granted a hearing before the Board of Commissioners as herein provided.
B. 
Whenever the Health Advisory Council, the Health Officer, or the duly authorized representative of either, determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter or of any regulation adopted pursuant thereto, notice of such alleged violation shall be given to the person or persons responsible therefor, as hereinafter provided.
(1) 
Such notice shall:
(a) 
Be put in writing.
(b) 
Include a statement of the reasons why it is being issued.
(c) 
Allow a reasonable time for the performance of any act it requires.
(d) 
Be served upon the holder of a license issued under this chapter or upon the owner or his agent or the occupant of any premises, provided that such notice shall be deemed to have been properly served when a copy thereof has been served personally or in accordance with any other method authorized or required under the laws of this commonwealth.
(2) 
Such notice may:
(a) 
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter.
(b) 
State that unless conditions or practices described in such notice which violate this chapter are corrected within the reasonable time specified in such notice a license which has been issued pursuant to this chapter may be suspended or revoked.
C. 
Any person who is affected by any notice which has been issued in connection with the enforcement of any provisions of this chapter or of any regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Board of Commissioners, provided that such person shall file, in the offices of the Township, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Board of Commissioners 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. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Board of Commissioners may postpone the date of the hearing for a reasonable time beyond such ten-day period when, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement.
D. 
After such hearing, the Board of Commissioners shall sustain, modify or withdraw the notice, depending upon its finding based on such hearing as to whether or not the provisions of this chapter and of the regulations adopted pursuant thereto have been complied with. If the Board of Commissioners sustains or modifies such notice, it shall be deemed to be an order. Any notice shall automatically become an order if a written petition for a hearing has not been filed in the office of the Township Secretary within 10 days after such notice was served. In the case of any notice which states that the license required by this chapter may be suspended or revoked, the Health Advisory Council may suspend or revoke such license if an order is issued and corrective action has not been taken within the time specified in the notice.
E. 
The proceedings at such hearing, including the findings and decision of the Board of Commissioners, shall be summarized, put into writing and entered as a matter of public record in the offices of the Township. Such record shall include, also, a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board of Commissioners may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.
F. 
Notwithstanding any other provision herein, whenever the Health Advisory Council or the Health Officer finds that an emergency exists involving a serious health hazard which requires immediate action to protect the public health, it may, without notice or hearing, issue a written order citing the existence of such an emergency and the conditions violating this chapter or regulations adopted pursuant thereto which require corrective action to remove such health hazard. If such corrective action has not been taken, the Health Advisory Council may take such action as may be necessary to protect the public health, including complete shutdown. Notwithstanding other provisions of this chapter, such order shall be effective immediately, but upon petition to the Board of Commissioners shall be afforded a hearing as soon as possible, but in any case not later than five days after the petition was filed. After such hearing, depending upon its finding as to whether or not the provisions of this chapter and of the regulations adopted pursuant thereto have been complied with, the Health Advisory Council shall continue such order in effect or modify it or revoke it.
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.