A person seeking registration under this chapter so as to obtain
a body art establishment permit shall submit a completed application
provided by the Department and shall pay to the City of Quincy a fee
of $250. A body art establishment permit shall be valid for no more
than one year. The Department may renew a body art establishment permit
under this chapter, and each applicant for such renewal shall pay
to the City of Quincy a renewal fee of $250. All body art establishment
permits shall expire on December 31 of the year of issuance.
The operation of a body art establishment and/or the conduct
of any body art activity under a body art practitioner license therein
shall not occur before 9:00 a.m. nor after 9:00 p.m. Sunday through
Thursday and not before 9:00 a.m. nor after 10:00 p.m. on Friday and
Saturday.
Every operator or applicant for a body art establishment permit
shall submit to the Department scaled plans and specifications of
the proposed facility wherein any body art activity is intended to
be conducted demonstrating the compliance of the facility with this
chapter. The Department may require an on-site inspection of the proposed
facility to determine and/or ensure compliance with the requirements
of this chapter prior to the issuance by the Department of a body
art establishment permit pursuant to this chapter.
A.
Every workstation shall have minimum of 60 square feet.
B.
Each body art establishment shall have at least one workstation.
C.
The area within each workstation shall be completely screened from
view from any person outside such workstation.
D.
A workstation shall be used for no other purpose.
E.
Each workstation shall be separated from any other area of the body
art facility, including other workstations within such body art facility,
by a wall or other solid barrier extending from the floor to a minimum
height of eight feet.
F.
A workstation shall be maintained in a clean and sterile condition.
A.
Every body art establishment shall have therein a cleaning area.
Every cleaning area shall have an area for the placement and use of
an autoclave or other sterilization unit located or positioned so
as to be a minimum of 36 inches from a required ultrasonic cleaning
unit.
B.
Every body art establishment shall have therein an instrument storage
area exclusive of the cleaning area. The instrument storage area shall
be equipped with cabinets for the storage of all instruments and equipment.
The required cabinets shall be located a sufficient distance from
the cleaning area so as to prevent contamination of the instruments
and equipment stored therein.
C.
Every body art establishment shall have therein a customer waiting
area exclusive of and separate from any workstation, instrument storage
area or cleaning area.
A.
Every workstation, instrument storage area, toilet room, and cleaning
area shall be constructed and maintained as follows so as to provide
a durable, smooth, nonabsorbent and washable surface:
(1)
Floors: constructed of commercially rated continuous sheet vinyl,
smooth sealed cement, ceramic tile with sealed grout, or other similar
materials approved by the Department and shall be maintained in good
repair free of any holes or cracks.
(2)
Walls: covered with a semi-gloss or gloss enamel paint or constructed
of fiberglass-reinforced panel, ceramic tile with sealed grout or
other similar materials approved by the Department and shall be maintained
in good repair free of any holes or cracks.
(3)
Ceiling: covered with a semi-gloss or gloss enamel paint or approved
commercially rated panels or tiles and maintained in good repair free
of any holes, cracks or falling matter.
B.
All such floors, walls and ceilings shall be light colored. For purposes
of this chapter, "light colored" shall mean a light reflectance value
of 70% or greater.
A.
Every workstation shall be well ventilated and have a minimum light
service maintained at all times during the conducting of body art
activities at an equivalent of not less than 20 footcandles as measured
36 inches above the floor, except that a minimum of 100 footcandles
shall be provided on the area of the client's body subject to the
conduct of body art, in any area where instruments or sharps are assembled,
and all cleaning areas.
B.
Every workstation, cleaning area and every area in a body art establishment
where linens, instruments, sharps or other equipment is exposed, sanitized
or sterilized shall be equipped exclusively with readily cleanable
light fixtures with light bulbs, lenses or globes of shatterproof
material.
A.
All plumbing and plumbing fixtures shall be installed in compliance
with local plumbing codes.
B.
To the extent permitted by applicable federal, state and local laws
and ordinances, all liquid wastes shall be discharged through the
plumbing system into the public sewerage system or into a Department-approved
private sewage disposal system.
C.
An adequate pressurized potable water supply shall be provided to
every body art establishment.
D.
The public water supply entering a body art establishment shall be
protected by a testable, reduced-pressure backflow preventor installed
in accordance with 248 CMR 10, as amended from time to time.
[Amended 6-1-2020 by Order
No. 2020-012]
A.
Every body art establishment shall provide toilet rooms with adequate
lighting and ventilation to the outside for use by employees and clients,
which shall be available to clients during business hours.
B.
The number and construction of toilet rooms shall be in accordance
with local building and plumbing codes.
C.
Every water closet or toilet stall shall be enclosed and have a well-fitting,
self-closing door.
D.
An adequate supply of toilet tissue shall be provided in a permanently
installed dispenser in each water closet or toilet stall.
E.
Toilet rooms shall not be used for the storage of instruments or
other supplies used for body art activity.
F.
A body art establishment permanently located within a retail shopping
center, or similar setting housing multiple operations within one
enclosed structure having shared entrance and exit points, shall not
be required to provide a separate toilet room within such body art
establishment if Department-approved toilet facilities are located
in the retail shopping center within 300 feet the body art establishment
so as to be readily accessible to any client or body art practitioner.
A.
A hand washing sink shall be provided within or adjacent to any toilet
room and in each workstation.
B.
Every hand washing sink shall be equipped with an adequate supply
of hot and cold water under pressure with fixtures to allow for washing
of hands, liquid hand cleanser, single-use sanitary towels in devices
for dispensing, and a waste container of washable construction.
C.
A hand washing sink shall not be used as a janitorial sink.
At least one janitorial sink shall be provided in every body
art establishment for use in cleaning the body art establishment and
proper disposal of liquid wastes in accordance with all applicable
federal, state and local laws. For purposes of this chapter, "janitorial
sink" means a sink of adequate size equipped with hot and cold water
under pressure so as to permit the cleaning of the body art establishment
and any equipment used for cleaning.
Each operator shall create, update as needed, and comply with
an exposure control plan.
A.
The exposure control plan for a body art establishment shall be submitted
by the operator to the Department for review so as to meet all of
the requirements of OSHA regulations, to include but not limited to
29 CFR 1910.1030 et seq., as amended from time to time.
B.
A copy of the body art establishment's exposure control plan shall
be maintained at the body art establishment at all times and shall
be made available to the Department upon request.
A body art establishment shall be required to have a telephone
in good working order and easily accessible to all employees and clients
during all hours of operation for the purpose of contacting police,
fire or emergency medical assistance or ambulance services in the
event of an emergency or perceived emergency. A legible sign shall
be posted at or adjacent to the telephone indicating the correct emergency
telephone numbers and the number of the Department.
No operator shall permit the use of a body art establishment:
A.
For the sale of food and/or beverages, whether to be consumed at
the body art establishment or off site;
B.
As a barbershop or hair salon;
C.
As a nail salon;
D.
As a bar, with or without a license for the sale of alcoholic beverages;
E.
As a bowling alley;
F.
For human habitation;
G.
As a tanning salon;
H.
As a massage parlor; or
I.
For any other use which, in the opinion of the Department, may cause
the contamination of instruments, equipment, a procedure surface or
workstation.
If an applicant for a body art establishment permit demonstrates to the Department compliance with § 124-39 et seq. of this chapter, the Department is hereby authorized to issue a body art establishment permit pursuant to the provisions of this chapter.
The operator of a body art establishment shall post in an area
of the body art establishment accessible to the Department and to
clients the original of the current body art establishment permit
issued by the Department.
No person shall establish or operate a mobile or temporary body
art establishment.
No person affected with boils, infected wounds, open sores,
abrasions, weeping dermatological lesions or acute respiratory infection
shall work in any area of, or in any capacity in, a body art establishment
which would create a likelihood that that person could contaminate
equipment, instruments, supplies, procedure surfaces, or workstations
or otherwise compromise or could reasonably be expected to compromise
the sterility of the body art establishment with body substances or
pathogenic organisms.
