[HISTORY: Adopted by the Borough Council of the Borough of Tyrone 12-1-2003 by Ord. No. 1202. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- BODY PIERCING
- Perforating the skin for the express intention of insertion of any object, including, but not limited to, jewelry; provided, however, that the piercing of the ears shall be specifically excluded from the purview of this chapter.
- The process whereby heat is intentionally applied to the flesh of a person such that it burns the skin and forms a permanent scar. This includes, but is not limited to, hot metal, electric current, and chemicals. For the purposes of this chapter, this term shall only apply to people and not to animals.
- Any place where an operator performs or practices the art of tattooing and/or body piercing and/or branding.
- HEALTH OFFICER
- The Health Officer of the Borough of Tyrone, or representative.
- Any individual, firm, company, corporation or association that owns or operates an establishment where tattooing and/or body piercing is performed and any individual who performs or practices the art of tattooing and/or body piercing on another person.
- TATTOO, TATTOOED, TATTOOING
- Refers to any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of a human with ink or any other substance, resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin. This definition shall not apply to medical doctors or doctors of veterinary medicine in performance of their professional duties.
Required. It shall be unlawful for any person to engage in the business of operating a tattoo, branding, and/or body piercing establishment without first obtaining a license to engage in such business, in accordance with the provisions of this chapter and unless abiding by the provisions hereof.
Application for. Applicants for a license under this chapter shall submit to the Department a written application containing such data as required by the Tyrone Borough Health Officer.
Fee; expiration. Each applicant, before being granted a license, shall pay a fee of $50 per year, or portion thereof. Each license shall expire on December 31 of the year in which such license is issued.
Display of. The license provided for in this chapter shall be posted conspicuously at the location where the applicant conducts the tattooing.
Transferability. If the licensee moves his or her tattooing and/or body piercing business to another location within the Borough of Tyrone, the license may be transferred to such new location upon application to the Health Officer giving the street and number of the new location. The new location shall first be approved by the Health Officer in the same manner as provided in § 178-4 of this chapter. However, a license is not transferable to any operator other than the applicant.
The Health Officer may conduct periodic inspections of any tattooing and/or body piercing establishment for the purpose of determining whether or not said establishment and the persons performing tattooing and/or body piercing therein are in compliance with all applicable health provisions contained within this chapter. It shall be unlawful for any person or operator of a tattooing and/or body piercing establishment to willfully prevent or restrain the Health Officer from entering any licensed establishment where tattooing and/or body piercing is being performed for the purpose of inspecting said premises after proper identification is presented to the operator.
Facilities and equipment.
The room in which tattooing is done shall have an area of not less than 100 square feet. The walls, floors, and ceilings shall have an impervious, smooth, washable surface and shall be painted or finished in a light color. Carpeting is prohibited in tattooing area(s) and toilet room(s).
A toilet shall be located in the establishment and shall be accessible at all times when the tattooing and/or body piercing establishment is open for business. The lavatories shall be supplied with hot and cold running water, soap, and single-use towels provided in approved dispensers, and shall be located in all toilet rooms and in each room where tattooing and/or body piercing is performed.
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
The telephone numbers of local emergency medical services and local police shall be prominently posted at the main telephone. A standard first-aid kit shall be available at all times and shall be restocked within 24 hours of use.
All pigments, dyes, colors, etc., used in tattooing shall be sterile and free from bacteria, virus particles, noxious agents, and substances. All bandages and surgical dressings used in connection with the tattooing and/or body piercing and/or branding of a person shall be sterile.
All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a light color, with a smooth, washable finish and shall be separated from waiting customers or observers by a panel at least four feet high.
Safety razors with a new, single-service blade for each customer or patron, or a straight-edge razor may be used and shall be thoroughly cleaned and sterilized, as required by the Health Officer, before use on each customer or patron. All other sharps, including needles, shall be either sterile single-use or sterilized in an approved manner as required by the Health Officer before use on each customer or patron.
The needles and instruments required to be sterilized shall be so used, handled, and temporarily placed during tattooing and/or body piercing and/or branding so that they not be contaminated.
All clean and ready-to-use needles and instruments shall be kept in a closed glass, metal case, or storage cabinet while not in use. Such cabinet shall be maintained in a sanitary manner at all times.
Single-service or individual containers of dye or ink shall be used for each patron, and the container therefore shall be discarded immediately after completing work on a patron. Any dye in which the needles were dipped shall not be used on another person. Excess dye or ink shall be removed from the skin with an individual, sterile sponge or a disposable paper tissue, which shall be used on one person and then immediately discarded. After completing work on any person, the tattooed or body pierced area shall be washed with sterile gauze, saturated with an antiseptic soap solution approved by the Health Officer, or a seventy-percent alcohol solution. The tattooed area shall be allowed to dry.
A steam sterilizer (autoclave) shall be provided for sterilizing reusable needles and similar instruments before use on any customer, person or patron. Sterilization of equipment shall be accomplished by exposure to live steam for at least 30 minutes at a minimum pressure of 15 pounds per square inch, temperature of 240° F. The autoclave shall be provided with a thermometer reading +2° accuracy, and an accurate steam pressure gauge. Alternate sterilizing procedures may only be used when specifically instructed by the manufacturer of the sterilizing equipment and approved by the Health Officer. A copy of the instructions from the manufacturer shall be maintained on site at all times.
All instruments that are processed by sterilization must first be cleaned.
All body piercing jewelry shall be made of high quality stainless steel, gold, inert plastics, or other approved materials found to be safe for use in body piercing. Jewelry to be inserted shall be sterilized or disinfected prior to insertion to the piercing site.
Needles and all other sharp instruments along with gloves, gauze and other materials contaminated with blood shall be discarded as per the directions of the Health Officer.
Operations and establishment personnel.
The operator shall scrub his/her hands thoroughly with soap and water before starting to tattoo, brand, and/or body pierce; the hands shall be dried with individual, single-use towels. Sterile surgical gloves (or the equivalent) shall be worn by the operator when tattooing, branding, and/or body piercing. Gloves shall be used only once and then disposed of in a manner as prescribed by the Department.
No establishment employees with skin infections, open sore, and/or weeping dermatological lesions shall work in a tattoo, branding, and/or body piercing establishment until documentation is provided from a licensed physician indicating that the condition is no longer communicable or transmissible.
Establishment employees are prohibited from providing services or working in a facility while having an acute respiratory infection or other disease or condition which has been diagnosed to be a communicable or transmissible condition. Documentation from a licensed physician indicating that the condition is no longer communicable or transmissible is required before returning to work.
The area to be tattooed, branded, and/or body pierced (external) shall be thoroughly scrubbed with an antiseptic soap for a minimum of two minutes and an approved sterilizing preparation used. Any oral skin piercing procedure shall be preceded by the client performing not less than one minute, vigorous application of an antiseptic mouthwash. Waste materials shall be deposited in an easily cleanable, covered waste container provided in the work area.
In addition to surgical gloves, personnel shall wear protective eye wear and a fluid-resistant mask when performing services. When branding, a smoke evacuator shall be used to remove any aerosolized particles.
Only petroleum jelly in collapsible metal or plastic tubes (or its equivalent), as approved by the Health Officer, shall be used on the area to be tattooed and/or body pierced, and it shall be applied with sterile gauze.
The use of styptic pencils, alum blocks, or other solid styptics to check the flow of blood is prohibited.
No establishment licensed under this chapter shall attempt to remove a tattoo from any person or allow such a procedure to take place on its premises.
Animals shall not be permitted in the tattooing establishment, except where permitted by law. Animals are not to be tattooed in tattooing establishments.
Ear piercing guns may not be used for body piercing but may only be used for piercing ear lobes.
Operators of tattoo, branding and/or body piercing establishments shall complete an approved course on the control of and prevention of blood-borne diseases prior to opening for business. Existing licensed tattoo and/or body piercing establishments shall have three months after the effective date of this chapter to comply.
No holder of a license hereunder, or the employee of such holder, shall tattoo any person under the age of 18 years without first obtaining a written parental authorization. All parental authorizations shall be maintained on file and be available for inspection for a period of three years.
No tattooing, branding, and/or body piercing shall be done on a skin surface that has a rash, pimples, boils, infections, or manifests any evidence of unhealthy conditions.
Licensed establishment personnel shall refuse service to any person who is under the influence of alcohol or drugs.
After-care instructions shall be provided to each client following any procedure. After-care shall consist of both verbal and written instructions concerning the proper care of the body area involved and instruction to consult a physician if infection occurs.
Each client shall complete an application prior to any procedure. The application shall include, at a minimum, the client's name, date of birth, proof of age, address, telephone number, procedure performed, date of procedure, name of employee providing service, and, if a minor, then proof of parental or guardian consent and client's signature. All applications shall be retained for a minimum of three years and made available upon request to the Health Officer.
Administration. In order to carry out the intent of this chapter, the Tyrone Borough Health Officer may promulgate, from time to time, rules and regulations pertaining to the requirements of sanitation, cleanliness, adequacy of facilities, equipment and operation of a tattooing, branding and/or body piercing establishment consistent with this chapter.
A tattoo and/or body piercing establishment license may be suspended or revoked by the Health Officer upon the occurrence of any of the following events:
The application for such license contained a false statement(s);
The operator has violated the provisions of this chapter; and/or
The operator is convicted and pleads guilty or nolo contendere to an offense listed under the Pennsylvania Crimes Code relating to the conduct of business in the tattoo establishment.
The Health Officer shall serve the tattoo and/or body piercing establishment with written notice of said suspension or revocation, specifying the reasons therefor, before said suspension or revocation shall become effective. Service of said notice shall be deemed effective if delivered to the person in apparent charge of the tattoo and/or body piercing establishment.
The tattoo establishment shall have the right to a hearing on said suspension or revocation, which hearing shall be held before the Tyrone Borough Board of Health within 10 days after the service of the notice of such suspension or revocation, whether or not the suspension or revocation was effective immediately. The Board of Health shall uphold, reverse or modify such suspension or revocation.
In addition to the revocation and suspension of any license, as provided in this chapter, any operator or other person who shall violate any provision of this chapter shall, upon conviction, be subject to a fine of not less that $100 nor more than $600 and costs of the action. In default of payment of such fine and costs, such person may be sentenced and committed to the Blair County Prison for a period not exceeding 30 days. Each day that a violation exists shall constitute a separate violation.