A.
The City of Quincy is promulgating rules and regulations in the form
of this chapter which provide minimum requirements to be met by any
person performing body art activities for hire upon another individual
and for any establishment wherein body art activities are to be performed.
These requirements include, but are not limited to, requirements concerning
the general sanitation of the establishment wherein body art activities
are to be performed and the sterilization of instruments to be used
in the conduct of body art. By enacting this chapter, the City of
Quincy has determined that these rules and regulations are necessary
to protect the public's health by preventing disease, including but
not limited to the transmission of Hepatitis B and/or Human Immunodeficiency
Virus (HIV/AIDS).
B.
In addition, this chapter establishes a requirement for registration
and a procedure for the registration with the Health Commissioner
of the City of Quincy of all persons performing such body art activities,
a requirement for minimal training standards for such practitioners,
including requirements for the prevention of disease transmission
and for knowledge of anatomy and physiology, provisions for the regular
inspection of establishments wherein body art activities are to be
performed and for revocation of the registration of any person or
establishment deemed in violation of the rules and regulations promulgated
under this chapter, or for other means of enforcement of the provisions
of this chapter.
C.
This chapter provides for an annual fee to be paid by a person and
establishment registered under this chapter. This fee is intended
to help defray the cost to the City of Quincy of the administration
of the requirements of this chapter.
The following terms used in this chapter, unless the context
otherwise requires, shall have the following meaning:
Written instructions, approved by the Department, given to
a person upon whom one or more body art activities have been performed,
specific to the body art procedure(s) rendered or performed, concerning
the proper care to be given to the area of the body upon which the
body art has been performed and concerning the surrounding area of
the body.
An agent that destroys disease-causing microorganisms on
human skin or mucosa.
An apparatus for sterilization utilizing steam pressure at
specific temperature over a designated period of time.
The process which results in the destruction of all forms
of microbial life, including highly resistant bacterial spores, by
the use of an autoclave for a minimum of 30 minutes at 17 pounds of
pressure (PSI) at a temperature of 250° F.
The practice of physical body adornment, alteration or modification
by means including, but not limited to, piercing, tattooing, branding,
braiding, beading/implantation or scarring.
Any facility that has been inspected and approved by the
Department for use in conducting of body art activities and for which
a current permit is issued by the Department in accordance with this
chapter.
Chapter 124 of the Quincy Municipal Code, as amended from time to time.
A person who has received a license to perform body art activities
by the Department pursuant to this chapter.
A license issued by the Department to a person qualified
to engage in the practice of body art in accordance with this chapter.
Shall refer to the form of body art requiring or consisting
of the puncturing or penetration of the skin or of a membrane of a
person for the purpose of the temporary or permanent placement or
insertion of jewelry or other adornment or device therein.
Shall refer to the form of body art requiring or consisting
of the cutting of strips of skin of a person, which strips are then
to be intertwined with one another and placed onto such person so
as to cause or allow the incised and interwoven strips of skin to
heal in such intertwined condition.
Shall refer to the form of body art consisting of or requiring
the inducement of a burn and/or the resulting scarring of the skin
of a person by means of the use of a heated instrument or object.
The area in a body art establishment used in the sterilization,
sanitation or other cleaning of instruments or other equipment used
for the practice of body art.
Shall refer to the presence of or a reasonable possibility
of the presence of blood, bodily fluids, or infectious or potentially
infectious matter on an inanimate object.
Any liquid or semiliquid blood or other potentially infectious
material; contaminated items that would release blood or other potentially
infectious material in a liquid or semiliquid state if compressed;
items on which there is dried blood or other potentially infectious
material and which are capable of releasing these materials during
handling; and sharps and any wastes containing blood or other potentially
infectious materials, as defined in 29 CFR 1910.1030, as defined in
105 CMR 480.00 et seq. or in this chapter.
Also known as "permanent cosmetics," "micropigment implantation"
or "dermal pigmentation," shall refer to the form of body art requiring
the implantation of permanent pigment around the eyes, lips and cheeks
of the face and hair imitation.
A person upon whom one or more body art activities is/are
to be performed, and shall include a minor client.
The area in a body art establishment for use and occupation
by persons and clients prior to and after the conduct of body art.
The destruction of pathogenic microorganisms using a liquid
chemical germicide.
The same as "liquid chemical germicide."
The deeper, thicker portion on the skin lying beneath the
epidermis, to include the subcutaneous layer.
The puncturing of the outer perimeter or lobe of the ear
using a presterilized single-use stud and clasp ear piercing system
following manufacturer's instructions.
The outer layer of skin which is composed of four recognizable
layers of cells usually a total of about 0.1 millimeter thick.
All machinery, fixtures, containers, vessels, tools, devices,
implements, furniture, display cases, storage units, sinks, and all
other apparatus and appurtenances used in connection with the operation
of a body art establishment.
An event whereby there is an eye, mouth or other mucous membrane,
non-intact skin or parenteral contact with the blood or bodily fluids
of another person or contact of an eye, mouth or other mucous membrane,
non-intact skin or parenteral contact with other potentially infectious
matter.
A plan drafted by an operator pursuant to the requirements
of the United States Occupational Safety and Health Administration
to eliminate or minimize the potential for an exposure.
A written report detailing the circumstances of an exposure.
The same as "liquid chemical germicide."
A sink supplied with hot and cold potable water under pressure
which is used solely for washing hands, arms, or other portions of
the body.
Water which is heated to attain and maintain a temperature
of between 110° and 130° F.
The same as "contaminated waste."
Those hand pieces, needles, needle bars and other instruments
that may come in contact with a client's body or possible exposure
to bodily fluids during body art procedures.
The area in a body art establishment used for the storage
of linens, equipment and instruments used for body art.
Describes a procedure causing entry into the body either
by incision or by the insertion of an instrument into or through the
skin or mucosa, or by any other means intended to puncture, break
or compromise the skin or mucosa.
Any device or adornment inserted into a pierced or incised
area or portion of the body.
A document issued by the Department pursuant to this chapter
authorizing a person to conduct allowed body art procedures in the
City of Quincy.
A substance registered with the United States Environmental
Protection Agency for use in the destruction of pathogenic microorganisms
or an approximate 1:100 dilution of household chlorine bleach in clean
water mixed fresh daily.
A person of less that 18 years of age as of that person's
last birth date.
Any trailer, truck, car, van, camper or other motorized or
nonmotorized vehicle, a shed, tent, movable structure, bar, home or
other facility wherein, or concert, fair, party or other event whereat,
one desires to or actually does conduct body art procedures, excepting
only a licensed body art establishment.
Any person alone or jointly with other persons who owns,
controls, operates or manages a body art establishment.
The invasion of the skin barrier or mucous membranes.
A document issued by the Department pursuant to this chapter
authorizing the use of a facility for the conducting of body art activities.
A person licensed by the Commonwealth of Massachusetts in
accordance with MGL c. 112, § 2.
Any surface of an inanimate object that contacts an unclothed
part of a person upon whom body art is to be performed.
Shall refer to those forms of body art prohibited under this chapter and set forth in Article IX hereof.
The process of reducing the number of microorganisms on a
surface to a safe level using a liquid chemical germicide.
The same as "liquid chemical germicide."
Shall refer to that form of body art that requires the use
of an instrument to cut a design into the skin to produce a scar.
Any object (sterile or not) that may purposefully or accidentally
cut or penetrate the skin or mucosa of a person, including but not
limited to needles, scalpel blades, razor blades and lancets.
A puncture-resistant, leakproof container that can be closed
for handling, storage, transportation or disposal and is labeled with
the international biohazard symbol.
Products or items that are intended for one-time, one-person
use and are to be disposed of after such use, including but not limited
to cotton swabs or balls, tissues or paper products, paper or plastic
cups, gauze and sanitary coverings, razors, piercing needles, scalpel
blades, stencils, ink cups and protective gloves.
A unit designed to and which is effective at killing all
microorganisims, including bacterial spores, and which is approved
by the Department for use for sterilization in a body art establishment.
To effectively kill all microorganisims, including bacterial
spores.
Shall refer to the form of body art consisting of the injection
of ink, dye or other medium to form or create an indelible mark, figure
or decorative design in the subcutaneous portion of the skin.
An electric, vertically vibrating tool used for tattooing.
The act or process of creating a tattoo.
The metal- or salt-based substance injected into the subcutaneous
portion of the skin in the act or process of creating a tattoo.
The same as "mobile body art establishment."
Shall refer to the form of body art consisting of or requiring
the placement, injection or insertion of an object, device or other
thing made of matters such as steel, titanium, rubber, latex, plastic,
glass or other inert materials beneath the surface of the skin of
a person. This term does not include body piercing.
A unit approved by the Department and physically large enough
to fully submerge instruments in liquid, which unit removes all foreign
matter from the instruments by means of high-frequency oscillations
transmitted through the contained liquid.
The set of guidelines and controls published by the Centers
for Disease Control as "Guidelines for Prevention of Transmission
of Human Immunodeficiency Virus and Hepatitis B Virus to Health Care
and Public Safety Workers" in Morbidity and Mortality Weekly Report
by the Centers for Disease Control (CDC) June 23, 1989, Vol. 38, No.
S-6, and as "Recommendations for Preventing Transmission of Human
Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone
Invasive Procedures" in Morbidity and Mortality Weekly Report July
12, 1991, Vol. 40, No. RR-8, each as amended or updated. This method
of infection control requires the employer and the employee to assume
that all human blood and specified human body fluids are infectious
for HIV, HBV and other blood pathogens. Precautions include hand washing,
gloving, personal protective equipment, injury prevention, and proper
handling and disposal of needles, other sharp instruments, and blood
and body fluid contaminated products.
An area within a body art facility designated for use in
the conducting of body art activities.
No person shall conduct any form of body art activity unless
such person holds a valid body art practitioner license issued by
the Department pursuant to this chapter.
[Amended 5-19-2008 by Order No. 2008-191]
No person shall establish a facility for the conduct of a business
consisting of or including the performance of one or more body art
activities upon the person of another without a valid permit to operate
such facility as a venue within which to conduct body art activities
issued by the Department in accordance with this chapter. No such
facility shall be permitted within 1,000 feet of any school.
A.
Physicians who practice body art activities as a part of patient
treatment are exempt from the provisions of this chapter so long as
such body art activities are performed in a medically acceptable manner.
B.
Individuals who pierce only the lobe of the ear with a presterilized,
single-use stud and clasp ear piercing system without the use of a
so-called piercing gun are exempt from the provisions of this chapter.
The requirements of this chapter to obtain a body art practitioner
license and a body art facility permit are separate from and in addition
to the requirements of MGL c. 110, § 5. An applicant for
a body art establishment permit must comply with the requirements
of MGL c. 110, § 5. Prior to the issuance of a body art
establishment permit an applicant therefor must demonstrate to the
Department compliance therewith by way of presentment to the Department
of the original of the business certificate issued by the City Clerk
under the provisions of said MGL c. 110, § 5.
The requirements of this chapter to obtain a body art practitioner
license and/or a body art facility permit are separate from and in
addition to any similar requirements that may be mandated by the Commonwealth
of Massachusetts.
