[HISTORY: Adopted by the Township Committee of the Township
of Elk 4-1-2010 by Ord. No. O-2010-6. Amendments noted where applicable.]
A.
The Township Committee of Elk 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 chapter, 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.
Any premises, operated by a licensed operator(s), utilizing,
but not limited to, the following techniques: body piercing; tattooing;
and permanent cosmetics for a fee or other consideration.
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 Gloucester 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 chapter, 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 Gloucester 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 Gloucester 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 chapter 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 ___, 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
Elk 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.
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.
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
Gloucester 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 rest rooms 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, handwashing 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 handwashing sink in the establishment
shall be prohibited. Only liquid handwashing 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 work tables 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.
A.
It shall be unlawful for any person to tattoo or pierce any part
or parts of an individual under the age of 18 years who is not accompanied
by a parent or legal guardian during the entire procedure.
B.
All tattoo/body piercing establishments within the Township of Elk
shall post a sign, not less than six inches by eight inches, in a
conspicuous place near each cash register in all retail establishments
offering said services containing the following language: "Tattooing
or body piercing of a minor is prohibited by Ordinance O-2010-6 of
the Revised General Ordinances of the Township of Elk unless a parent
or legal guardian is present throughout the entire procedure. A person
who pierces/tattoos a person under 18 years of age shall be prosecuted
in accordance with local ordinance."
C.
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.
D.
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.
E.
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 chapter for the purpose of determining whether
or not such establishment 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 or her
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 or her 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 or her designee may request assistance from
public safety officers of the Township of Elk. 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 Elk, 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 Elk to reinstate that license. The applicant shall
apply before the Township Committee of the Township of Elk demonstrating
that it is in compliance with all local and state regulations, and
the Gloucester County Health Officer shall submit his/her position
with respect to the reinstatement sought.
All prior ordinances or parts of ordinances inconsistent with
this chapter be and the same are hereby repealed to the extent of
such inconsistencies.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.
