[HISTORY: Adopted by the Township Council of the Township
of Ewing 12-17-2013 by Ord. No. 13-51. Amendments noted where applicable.]
A code regulating body art facilities establishments and fixing
penalties is hereby established under the Township's 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.
The Township hereby accepts and adopts the New Jersey Administrative
Code, N.J.A.C. 8:27-1 et seq., as the standard governing all businesses
that offer tattooing, permanent cosmetics and ear and body piercing
to the public with the exception of a physician who is authorized
by the State Board of Medical Examiners to practice medicine pursuant
to N.J.S.A. 45:9-6 et seq.
As used in this chapter, the following terms shall have the
meanings indicated below.
The practice of physical body adornment in permitted establishments
by operators utilizing, but not limited to, the following techniques:
body piercing, tattooing; and permanent cosmetics. Body piercing includes
piercing any portion of the ear with the exception of the ear lobe.
Any place or premises, whether public or private, temporary
or permanent in nature or location, where the practices of body art,
whether or not for profit, are performed.
A license issued to the owner of a body art establishment
to operate a business under the provisions of this chapter.
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.
Scarification through the application of a heated material
(usually metal) to the skin, creating a serious burn which eventually
results in a scar.
A design cut into the skin or other soft tissue using a sharp
blade, leaving a scar. Often the design is immediately rubbed with
ink leaving a colored scar.
The puncturing of the ear lobe and the trailing edge of the
ear using a presterilized, single-use-stud-and-clasp ear-piercing
system following manufacturer's instructions.
Any object implanted fully under the skin.
Any personal ornament inserted into a newly pierced area,
and may be made of surgical implant grade stainless steel, solid 14
karat or 18 karat white or yellow gold, niobium, titanium, platinum,
glass or a dense, low-porosity plastic.
Includes the owner or the 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.
The implanting of inert pigments, colors, and/or dyes intradermally
which results in permanent alteration of tissue to gain a cosmetic
effect.
One or more individuals, legal representatives, partnerships,
joint ventures, associations, corporations (whether or not organized
for profit), business trusts, or any organized group of persons.
Any person that performs the act of tattooing, permanent
cosmetics and/or ear and body piercing.
Products, instruments or items that are intended for one-time
use and are disposed of after each use, including, but not limited
to, cotton swabs or balls, tissues or paper products, paper or plastic
cups, gauze and sanitary coverings, razors, needles, scalpel blades,
stencils, ink cups and protective gloves.
A process resulting in the destruction of all forms of microbial
life, including highly resistant bacterial spores.
Any method of placing ink or other inert pigment into or
under the skin or mucosa by the aid of needles or any other instrument
used to puncture the skin, resulting in permanent coloration of the
skin or mucosa. This includes all forms of permanent cosmetics.
An establishment that has been issued a permit by the Board
of Health to operate for the purpose of performing body art procedures
for not more than 14 calendar days in conjunction with a single event.
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, 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 an annual body art establishment
license from the Ewing Township Board of Health.
B.
The annual license shall be issued on January 1 of each calendar
year. All licenses issued during the course of a year shall expire
on December 31, 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 Board of Health. Failure to file a timely renewal
shall cause the establishment to be closed until the appropriate inspection
can be made.
C.
Upon issuance, said license shall not be transferable. Any change
in ownership shall require submission of a new application with payment
of fees. 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.
Any person desiring to construct, expand, alter, or operate
a permanent cosmetic, tattooing, or ear or body piercing establishment
shall apply in writing to the Board of Health for review and approval
before such construction, expansion, alteration or operation is begun.
The application shall comply with the requirements of the New Jersey
Administrative Code at N.J.A.C. 8:27-2.1.
Body art establishment licenses shall be issued annually on
January 1 upon payment of an annual license fee of $400.
A.
Implants under the skin shall not be performed in a body art establishment.
B.
Scarification such as branding and cutting shall not be performed
in a body art establishment.
C.
No person shall perform any body-piercing procedure upon a person
under 18 years of age without the presence, written consent and proper
identification of a parent or legal guardian.
D.
No person shall perform genital piercing upon a person under 18 years
of age regardless of parental consent.
E.
No tattoo or permanent cosmetics shall be applied to any person under
18 years of age, without the presence, written consent, and proper
identification of a parent or legal guardian.
F.
No person shall practice or attempt to practice body art in a nonlicensed
facility.
G.
All other prohibitions as provided under the New Jersey Administrative
Code at N.J.A.C. 8:27-2.6.
Each body art establishment shall comply with the physical plant
and environment requirements of the New Jersey Administrative Code
at N.J.A.C. 8:27, Subchaper 3.
Each body art establishment shall comply with the health, safety
and occupational health requirements of the New Jersey Administrative
Code at N.J.A.C. 8:27, Subchaper 4.
Each body art establishment operator shall comply with the sterilization
and disinfection requirements of the New Jersey Administrative Code
at N.J.A.C. 8:27, Subchapter 5.
With the initial application and any subsequent renewal applications
for a license, the applicant shall furnish proof of each body piercing
practitioner as being qualified under the requirements of the New
Jersey Administrative Code at N.J.A.C. 8:27, Subchapter 6.
With the initial application and any subsequent renewal applications
for a license, the applicant shall furnish proof of each tattooing
practitioner as being qualified under the requirements of the New
Jersey Administrative Code at N.J.A.C. 8:27, Subchapter 7.
With the initial application and any subsequent renewal applications
for a license, the applicant shall furnish proof of each permanent
cosmetics practitioner as being qualified under the requirements of
the New Jersey Administrative Code at N.J.A.C. 8:27, Subchapter 8.
With the initial application and any subsequent renewal applications
for a license, the applicant shall furnish proof of each ear-piercing
practitioner as being qualified under the requirements of the New
Jersey Administrative Code at N.J.A.C. 8:27, Subchapter 9.
Temporary establishments shall be governed by all the rules
of a permanent establishment as set forth in this chapter and shall
satisfy all requirements as set forth in the New Jersey Administrative
Code at New Jersey Administrative Code at N.J.A.C. 8:27, Subchapter
10.
The Board of Health, its agents and employees shall have the right to conduct periodic inspections, with or without notice, of any establishment engaged in body art procedures that are governed by this chapter, or as otherwise provided under § 392-9, 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.
Any person who directly or indirectly acting as agent or otherwise
who violates any provision of this chapter shall be liable for a penalty
not less than $50 nor more than $1,000, or as otherwise authorized
under N.J.S.A. 26:1A-10 and all other applicable law and/or injunctive
action as provided by law or both.
All prior ordinances or parts of same inconsistent with any
provisions of this chapter are hereby repealed to the extent of such
inconsistency.
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.
The provisions of this chapter shall take effect immediately
upon final passage and publication in accordance with law. For purposes
of licensing, this chapter shall become effective upon the next annual
licensure deadline. Existing establishments shall become licensed
in accordance with the time frame set forth herein, but otherwise
shall comply with all other requirements of this chapter immediately
upon its effective date.
