[HISTORY: Adopted by the Mayor and Council of the Borough
of Lindenwold 10-8-1997 by Ord. No. 1020 (Ch. 183 of the 1981
Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Piercing the skin for the express intention 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.
Written approval from the County Health Officer or his authorized
representative that said tattooing and/or body piercing establishment
has been inspected and meets all of the terms of this chapter.
The certificate held by an operator upon registration with
the Camden County Health Department by meeting the required provisions
of this chapter.
The Camden County Public Health Coordinator or his authorized
representative of the Camden County Department of Health and Human
Services.
The premises wherein tattooing or body piercing is performed.
Any individual, firm, company, corporation or association
that owns or operates an establishment where tattooing or body piercing
is performed and any individual who performs or practices the above
on the person of another.
Refers to any method of placing designs, letters, scrolls,
figures, symbols or any marks under the skin with ink dye or any other
substance, resulting in the coloration of the skin by the aid of needles
or any other instruments designed to puncture the skin.
A.
It shall be unlawful for any operator to engage in the practice of
tattooing or body piercing without first obtaining a certificate of
registration from the Camden County Health Department.
B.
Persons applying shall submit to the Camden County Health Department
a medical certificate issued by a physician duly licensed to practice
medicine and surgery in the State of New Jersey stating that the prospective
licensee or registrant is free from all contagious or communicable
diseases or conditions which may endanger the health of the client.
C.
An application must be made for a local mercantile license. An applicant
shall submit a floor plan of the establishment to the Camden County
Health Officer prior to the initiation or construction and shall receive
a preopening inspection. All establishments shall be subject to a
periodic compliance and/or annual inspection. Every operator shall
be registered with the Camden County Health Department and shall acquire
a certificate of registration upon payment of a fee prior to business
operation or practice. Fees for a plan review, inspections and operator
registration shall be established by the Camden County Board of Chosen
Freeholders.
D.
All licenses shall expire on the last day of each calendar year.
If a renovation of the tattooing or body piercing establishment is
anticipated after acquisition of the annual license, plans must be
submitted to the Camden County Health Department and the applicant
will be required to comply with the provisions of this chapter. The
license expiration date for renewal shall be December 31 of each year.
E.
Nothing in the foregoing shall be construed so as to affect the practice
of medicine or surgery or any other recognized profession or occupation
by a person duly licensed by the State of New Jersey to engage in
such practice, profession or occupation and whose license would lawfully
authorize the tattooing or body piercing.
A.
It shall be a violation of this chapter for anyone or any tattooing
or body piercing business to tattoo or pierce the body of an individual
under 18 years of age without written authorization signed by the
parent or legal guardian as witnessed by the operator. The operator
shall be responsible for maintaining the original consent form for
a period of two years beyond the recipient's 18th birthday.
B.
If the applicant is suspected to be under the influence of alcohol,
drugs or any other behavior-modifying substance, the operator must
refuse the applicant.
C.
Inquiry shall be made for anyone with a history of recent jaundice,
hepatitis B or HIV/AIDS, and the person shall not be tattooed or body
pierced.
D.
Each person wishing to be tattooed or pierced must fill out an application,
which will include the name, date of birth, address and telephone
number of the client as well as the design and location(s) of the
tattoo(s) or piercing(s). The operator shall verify applicable information
from a valid photo ID of the applicant and so note on the application.
All records regarding tattooing or body piercing are to be maintained
for a minimum of two years.
E.
No person or operator shall state or imply in any advertisement that
the tattooing or body piercing establishment is endorsed or approved
by the Camden County Health Department in compliance with the terms
of this chapter.
F.
Piercing of any part(s) of the genitalia shall not be permitted.
No person, partnership, firm or corporation engaged in the tattooing
or body piercing business shall be issued with a municipal mercantile
license to engage in such activity unless the premises at which such
activity is to be conducted and the equipment to be utilized in conjunction
therewith meet the following standards and are inspected/approved
by the Camden County Health Department:
A.
Each tattooing and/or body piercing facility shall have a bathroom
accessible to the client and staff. Each bathroom shall be equipped
with a commode and a sink with the sink being connected to hot and
cold running water. Soap and sanitary towels or other approved hand-drying
devices shall be available at the sink at all times. Common towels
are prohibited. In addition to the above, each tattooing or body piercing
cubicle or work station must be provided with a sink connected to
hot and cold running water. This area shall also be provided with
soap and appropriate hand-drying devices.
B.
The chair, seat or exam table reserved for the person receiving the
tattooing or body piercing shall be of a material that is smooth and
easily cleanable and constructed of material that is nonabsorbent.
Any surfaces on the chair, seat or exam table that become exposed
to blood or body fluids must be cleaned and sanitized prior to use
by the next customer.
C.
The worktable or counter used by the operator shall be smooth and
easily cleanable and constructed of material that is nonabsorbent.
There shall be a covered junction between the table/counter and the
wall if the table/counter is to be placed against the wall. This table/counter
must be cleaned and sanitized or use single-use disposable sheets,
utilizing a method approved by the Camden County Health Department,
between customers.
D.
The walls in the tattooing or body piercing area shall be smooth
and easily cleanable and constructed of nonabsorbent materials. Floors
shall be kept clean.
E.
Lighting within the tattooing or body piercing area shall be adequate
so as to provide a minimum of 100 footcandles in all areas.
F.
The work area reserved for the tattooing or body piercing shall be
not less than 100 square feet and shall be separated from other areas
of the establishment by walls or durable partitions extending at least
six feet in height.
G.
Any surfaces in the establishment that become exposed to blood or
body fluids must be cleaned and sanitized using a method approved
by the Camden County Health Department.
H.
Products used in the cleaning, sanitizing and sterilizing procedures
must be clearly marked and stored in an acceptable manner. Smaller
working containers filled on site from larger containers must be clearly
marked with the name of the product.
I.
Proper waste receptacles shall be provided and waste disposed of
at appropriate intervals.
A.
Tattooing or body piercing operators.
(1)
All operators while performing services shall neither be under the
influence of alcohol or drugs nor be infected with Hepatitis B, HIV/AIDS,
contagious dermatitis or any communicable disease.
(2)
Hepatitis B preexposure vaccination or proof of immunity is required
for all operators. If a person cannot obtain the vaccination for medical
reasons, he/she shall submit to the Camden County Health Department
a letter from his/her physician certifying that the individual does
not have Hepatitis B and vaccination is contraindicated. This certification
shall be annually renewed. Any accidental needle stick injury shall
be immediately reported to the Camden County Health Department.
(3)
All tattooing or body piercing operators shall attend a training
program sponsored by the Camden County Health Department to assure
basic knowledge on sterile technique and universal precautions.
(4)
Before working on each patron, each operator shall scrub and thoroughly
wash his/her hands with hot water and antiseptic soap. The hands shall
be dried with individual single-use towels. Fingernails shall be kept
clean and short.
(5)
Disposable vinyl or latex gloves shall be worn by the operator during
tattooing or body piercing preparation and application to prevent
contact with blood or body fluids. Universal precautions as described
by the United States Centers for Disease Control and Prevention (CDC)
shall be followed. All materials shall be disposed of in accordance
with waste disposal provisions of this chapter after contact with
each patron. Hands shall be washed immediately after removal of gloves.
Any skin surface that has contact with blood shall be washed immediately.
(6)
Immediately after tattooing or piercing a patron, the operator shall
advise the patron on the care of the site tattooed and shall instruct
the patron to consult a physician at the first sign of infection.
Printed instructions regarding these points shall be given to each
patron by the operator.
(7)
All infections resulting from the practice of tattooing or body piercing
which becomes known to the operator shall be promptly reported to
the County Health Officer by the person owning or operating the body
piercing establishment or by the operator.
B.
Skin preparation.
(1)
Tattooing or body piercing shall be done only on normal healthy skin
surface that is free of cuts, wounds, rashes, boils, pimples, moles
or infection or manifests any evidence of unhealthy conditions.
(2)
Only safety razors with disposable blades shall be used for skin
preparation. Blades shall be disposed of according to the waste disposal
procedure of this chapter after each use and a new blade used for
each patron.
(3)
Following shaving, the tattooing area shall be thoroughly cleansed
and scrubbed with tincture of green soap or its equivalent and warm
water. Before placing the tattoo design or body piercing on the patron's
skin, the area shall be treated with 70% alcohol and allowed to air
dry. A single-use sponge shall be used to scrub the area.
(4)
Only petroleum jelly [United States Pharmacopeia (USP) or National
Formulary] or antiseptic ointment shall be applied to the tattoo area
prior to tattooing. The ointment shall be applied in a sanitary manner,
disposing of the utensil after spreading. Collapsible tubes of ointment
or jelly may also be used.
(5)
Design stencils shall be thoroughly cleansed and rinsed in an approved
germicidal solution for at least 20 minutes or disposed of following
each use.
(6)
Only nontoxic dyes or pigments may be used. Premixed sterile materials
are preferred. Premixed dyes shall be used without adulteration of
the manufacturer's original formula. It shall be the responsibility
of the operator to provide certification to the Camden County Health
Department of the nontoxicity of the dyes or inks at the time of license
application and renewal.
(7)
No skin area shall be penetrated, abraded or treated with chemicals
for the purpose of removing, camouflaging or altering any blemish,
birthmark, scar or tattoo.
(8)
Ear-piercing guns may not be used for body piercing but may only
be used for piercing of the ear lobes.
C.
Needles, instruments and supplies.
(1)
All clean and ready-to-use needles, gloves, gauze and instruments
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.
(2)
Single-service sterilized needles shall be used.
(3)
If needles and needle bars are to be reused, these items shall be
steam sterilized (autoclave) before reuse on any customer. Any other
method of sterilization shall be approved by the County Health Officer.
(4)
The sterilizer shall be well maintained with a tight-fitting gasket
and a clean interior.
(5)
The manufacturer's operating instructions and the 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 the sterilization cycle.
(6)
Proper functioning of the sterilization cycles shall be verified.
(7)
Each item to be sterilized shall be individually wrapped using a
chemical indicator or strip to verify steam exposure.
(8)
Any needle that penetrates the skin of the operator shall be immediately
disposed of in accordance with the waste disposal procedure of this
chapter.
(9)
If the primary source of sterilization malfunctions, the County Health
Officer shall be notified within 24 hours. In an emergency situation,
the Camden County Health Officer may approve alternate sterilization
techniques.
D.
Disposal of wastes.
(1)
Needles shall not be bent or broken prior to disposal. Operators
shall take precautions to prevent puncture injuries from contaminated
needles. Needles shall be disposed of directly into a solid puncture-resistant
container.
(2)
These medical wastes shall be disposed of by an authorized contractor
as per the New Jersey Department of Environmental Protection's
regulation.
(3)
If blood-contaminated gloves, gauze and other materials are sterilized
by autoclaving, these wastes can be placed for off-site waste collection.
When it appears to the County Health Officer that the operation
of the tattooing or body piercing establishment poses an immediate
and imminent threat to the public health and safety such that irreparable
harm will occur if the tattooing or body piercing establishment is
not immediately closed, the County Health Officer shall have the power
to order the immediate closure of the tattooing or body piercing establishment
until such time that the violations complained of have been corrected.
A.
B.
Reasonable counsel fees incurred by the Camden County Health Department
in the enforcement of this chapter shall be paid by the defendant.
The amount of such reasonable fees and costs shall be determined by
the court hearing the matter.[2]
C.
In addition to being subject to the penalties provided herein, any
license or certificate of registration issued under this chapter may
be revoked or suspended for any intentional misstatement in any application
or for any violation of this chapter. No license shall be revoked
or suspended until the licensee has been afforded a hearing. Notice
of the filing of a complaint which seeks to suspend or revoke any
license or certificate of registration issued under this chapter shall
be served on the defendant personally or on the person designated
to receive service of this chapter. This notice will establish a date
for a hearing to be held not more than 10 days from the date of such
notice, at which time the defendant shall have the right to be represented
by counsel, call witnesses, cross-examine witnesses produced in support
of the complaint, as well as such other rights necessary in order
to ensure due process. Should any license or certificate of registration
be revoked or suspended, no part of the license or registration fee
shall be returned.