[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:
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
Display of. The license provided for in this chapter shall be posted
conspicuously at the location where the applicant conducts the tattooing.
E.
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.
A.
Facilities and equipment.
(1)
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).
(2)
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.
(3)
The entire premises and equipment shall be maintained in a clean,
sanitary condition and in good repair.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
All instruments that are processed by sterilization must first
be cleaned.
(13)
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.
(14)
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.
B.
Operations and establishment personnel.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
The use of styptic pencils, alum blocks, or other solid styptics
to check the flow of blood is prohibited.
(8)
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.
(9)
Animals shall not be permitted in the tattooing establishment, except
where permitted by law. Animals are not to be tattooed in tattooing
establishments.
(10)
Ear piercing guns may not be used for body piercing but may
only be used for piercing ear lobes.
(11)
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.
C.
Clients.
(1)
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.
(2)
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.
(3)
Licensed establishment personnel shall refuse service to any person
who is under the influence of alcohol or drugs.
(4)
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.
(5)
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.
D.
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.
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:
(1)
The application for such license contained a false statement(s);
(2)
The operator has violated the provisions of this chapter; and/or
(3)
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.
B.
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.
C.
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.
