[HISTORY: Adopted by the Borough Council of the Borough of
Columbia 1-12-2009 by Ord. No. 796. Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 126.
This chapter shall be known and may be cited as "The Borough
of Columbia Tattoo and Body Piercing Ordinance."
The purpose of this chapter is to protect the public health,
safety and general welfare by regulating individuals and establishments
providing tattooing and body piercing services and by providing a
uniform set of guidelines for the provision of those services and
the operation of those establishments.
In the administration of this chapter, words in the present
tense include the future, the singular number includes the plural
and the plural the singular; the masculine includes the feminine;
the words "shall" and "will" are mandatory; and the word "may" is
permissive. The following words, unless otherwise indicated, shall
have the following meanings, while words not defined in this chapter
shall have the meanings set forth in Mosby's Medical and Nursing
Dictionary, Environmental Engineering and Sanitation, Fourth Edition,
and/or the most recent edition of Webster's Unabridged Dictionary,
whichever shall be applicable to such term:
Written and verbal instructions given to the client, specific
to the body art procedure(s) rendered, on caring for the body art
and its surrounding area.
An agent that destroys disease-causing microorganisms on
human skin or mucosa.
An individual being taught a trade.
Any person who controls, operates, manages, conducts or practices
body art activities at a body art establishment. The term includes
technicians and apprentices who work under the operator and perform
body art activities.
An apparatus for sterilization, utilizing steam pressure
at a specific temperature over a period of time.
Standard OSHA Guidelines as defined in 29 CFR 1910.1030,
Occupational Exposure to Bloodborne Pathogens.
The Board of Health of the Borough of Columbia.
The practice of body piercing and tattooing.
Any space where body piercing or tattooing is conducted.
The perforation of human tissue, excluding ear piercing,
for a nonmedical purpose.
A person who requests a body art procedure at a body art
establishment.
A file for the client maintaining information regarding the
client and the body art procedures provided to the client.
Any liquid or semiliquid blood or other potentially infectious
materials; contaminated items that would release blood or other potentially
infectious materials in a liquid or semiliquid state if compressed;
items that are caked with dried blood or other potentially infectious
materials and are capable of releasing these materials during handling;
sharps and any wastes containing blood and other potentially infectious
materials, as defined in 29 Code of Federal Regulations, Part 1910.1030
(latest edition), known as "Occupational Exposure to Bloodborne Pathogens"
and/or 105 CMR 480.000, Storage and Disposal of Infectious or Physically
Dangerous Medical or Biological Waste.
Permanent cosmetics and/or micro-pigment implantation. (See
"tattooing.")
A product registered as a disinfectant by the U.S. Environmental
Protection Agency (EPA).
The destruction of disease-causing microorganisms on inanimate
objects or surfaces, thereby rendering these objects safe for use
or handling.
The puncturing of the outer perimeter or lobe of the ear
using a pre-sterilized single-use stud and clasp ear piercing system
following manufacturers' instructions.
All machinery, including fixtures, containers, vessels, tools,
devices, implements, furniture, display and storage areas, sinks and
all other apparatus and appurtenances used in connection with the
operation of a body art establishment.
Any event where there is an eye, mouth or other mucus membrane
or non-intact skin contact with the blood or body fluids of another
person or contact of eye, mouth or other mucus membrane, non-intact
skin with other potentially infectious matter and/or an occurrence
whereby an individual is exposed to medical waste.
Disposable protective coverings for the hands.
A lavatory equipped with tempered hot and cold running water
under pressure, used solely for washing hands, arms or other portions
of the body.
That individual designated as a Health Officer in accordance with Chapter 126 of the Code of the Borough of Columbia, Health and Sanitation.
Water at a temperature greater than or equal to 110°
F. but not greater than 125° F.
Blood and body fluids in a liquid or semiliquid state;
Items contaminated with blood or body fluids, which, if compressed
or disturbed, may release liquid or semiliquid blood or body fluids;
Sharps which have been used in performing body art;
Other waste which contains pathogenic microbial agents or other
biologically active materials in sufficient concentrations that exposure
to the waste directly or indirectly creates a significant risk of
disease.
Hand pieces, needles, sharps, needle bars and other instruments
that may come in contact with a client's body or may be exposed
to bodily fluids during body art procedures.
Entry into the body either by incision or 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 personal ornament inserted into a newly pierced area.
The written approval by the Borough of Columbia to operate
a body art establishment and/or to provide body art services. This
license is separate from any other licensing requirement that may
exist within communities or political subdivisions other than the
Borough of Columbia.
A person who holds a license to operate a body art establishment
or to provide body art services.
A disinfectant or sanitizer registered with the Environmental
Protection Agency or an approximate 1:100 dilution of household chlorine
bleach made fresh daily and dispensed from a spray bottle (500 ppm,
1/4 cup per gallon or two tablespoons per quart of tap water).
Blood and body fluids in a liquid or semiliquid state;
Items contaminated with blood or body fluids, which, if compressed
or disturbed, may release liquid or semiliquid blood or body fluids;
Sharps which have been used in performing body art;
Other waste which contains pathogenic microbial agents or other
biologically active materials in sufficient concentrations that exposure
to the waste directly or indirectly creates a significant risk of
disease.
Any individual under the age of 18.
An individual, any form of business or social organization
or any other nongovernmental legal entity including but not limited
to a corporation, partnership, limited liability company, association,
trust or unincorporated organization.
A health professional who has earned a degree of Doctor of
Medicine (M.D.) after completing an approved course of study. A physician
is required to obtain a license from the state in which professional
services will be performed.
Any surface of an inanimate object that contacts the client's
skin during a body art procedure, skin preparation of the area adjacent
to and including the body art procedure or any associated work area,
which may require sanitizing.
List.
Clean and free of agents of infection or disease.
A process of reducing the numbers of microorganisms on cleaned
surfaces and equipment to a safe level as judged by public health
standards and which has been approved by the Board of Health and/or
by the Center for Disease Control and Prevention.
Any object (sterile or contaminated) that may purposefully
or accidentally cut or penetrate the skin or mucosa including, but
not limited to, presterilized, single-use needles, scalpel blades
and razor blades.
A puncture-resistant, leakproof container that can be closed
for handling, storage, transportation and disposal and is labeled
with the International Biohazard Symbol.
Products or items that are intended for one-time, one-person
use and are disposed of after use on each client 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 gloves.
A process approved by the Board of Health resulting in the
destruction of all forms of microbial life, including highly resistant
bacterial spores.
The indelible mark, figure or decorative design introduced
by insertion of dyes or pigments into or under the subcutaneous portion
of the skin.
One or more of the following:
Any person who applies a tattoo to the body of another person.
Any place or premises operating at a fixed location where
an operator performs body art procedures for no more than 14 days
consecutively in conjunction with a single event or celebration.
The form of body art consisting of or requiring the placement,
injection or insertion of an object, device or other thing made of
material such as steel, titanium, rubber, latex, plastic, glass or
any other material, beneath the surface of the skin of a person.
A set of guidelines and controls, published by the Center
for Disease Control and Prevention (CDC) 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 (MMWR), 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
MMWR, July 12, 1991, Vol. 40, No. RR-8. 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.
A written document issued by the Health Officer with the
consent of the Board which authorizes a modification or waiver of
one or more of the requirements of this chapter if, in the opinion
of the Health Officer and Board, a health hazard or nuisance will
not result from the modification or waiver.
A.
No person shall operate a body art establishment without first having
obtained a license from the Borough of Columbia. A license application
may be refused and a license may be revoked or suspended summarily
by a Health Officer, but such action shall be subject to review by
the Board.
B.
No person shall perform body piercing or tattooing in the Borough
of Columbia without first having obtained a license from the Borough's
Health Officer. A license application may be refused and a license
may be revoked or suspended summarily by a Health Officer, but such
action shall be subject to review by the Board.
A.
No body art establishment shall be operated in the Borough of Columbia
unless such establishment's owner, or manager or designated agent
has obtained the annual license required by this chapter. The fee
for such an annual license is $100.
B.
No person shall perform body piercing or tattooing in the Borough
of Columbia unless such person has obtained the annual license required
by this chapter. The fee for such annual license is $25.
C.
Any person failing to obtain or renew an annual license as required
hereunder on or before the due date shall pay a penalty of 5%, in
addition to being subject to any other fines, penalties and enforcement
procedures set forth in this chapter.
A.
Any person wishing to obtain a license pursuant to the provisions
of this chapter (whether initially or for renewal thereof) shall submit
the applications required from time to time by the Borough of Columbia.
For body art establishments, the applications will require, inter
alia, the following information: name of the body art establishment,
names of all operators working there having licenses, and their home
address and phone number, address of the body art establishment, proof
of liability insurance in amounts established from time to time by
the Board, phone number of the establishment, method of sterilization
to be utilized at the establishment, a site plan of the establishment
drawn to scale, and a description of all body art procedures performed
at the establishment. For body piercing and tattooing licenses, the
application will require, inter alia, the following information: the
name, address, home phone number and business phone number of the
applicant, the address and phone number of the body art establishment
where the applicant will be providing body art services, proof of
vaccination (copy) of the applicant for hepatitis B, the applicant's
criminal history, a description of the applicant's experience
in the field of body art, information regarding the applicant's
completion of a blood-borne pathogen-training program and proof that
the applicant is at least 18 years of age.
B.
All licenses issued pursuant to this chapter are nontransferable.
C.
Any person obtaining a license hereunder, by submitting an application
for license, agrees to permit the inspection of the body art establishment
or work area of the body art operator and to comply with the requirements,
rules and regulations of this chapter. All body art establishments
shall be inspected at least twice annually, which inspections may
be unannounced. All license holders shall at all times post conspicuously
at their body art establishment their licenses and the results of
the most recent inspection.
D.
A Health Officer and/or the Board may revoke the license of any person who fails to comply with the provisions of this chapter or who willfully or continuously ignores or fails to comply with any rule or regulation adopted pursuant hereto within 10 days after the licensee has been notified, in writing, by a Health Officer or the Board of his delinquency in accordance with the provisions of § 88-9 hereof. All licenses may be suspended immediately if in the discretion of the Health Officer continued operation poses a serious health risk to operators, employees or clients. In such case, the license holder shall, within 24 hours of the revocation, be given written notice of the revocation, the reason for the revocation and the means by which the license may be reinstated.
E.
No person shall hinder, impede or prevent any Health Officer from
entering and/or inspecting any body art establishment or from performing
any duty authorized by this chapter.
The holder of a license for operating a body art establishment
shall ensure that the following documents are posted in each such
licensed body art establishment in a conspicuous and prominent place:
A.
A copy of the most recent inspection sheet (results);
B.
Pamphlets or literature explaining body art aftercare;
C.
The name, address and phone number of the Health Officers;
D.
An emergency plan including:
E.
An occupancy permit issued by the appropriate municipal official
for the body art establishment; and
F.
The license for such establishment and the licensees for each operator
performing body art procedures at the establishment.
All body art establishments and operators providing body piercing
and tattooing services shall comply with the following regulations,
which regulations may be modified from time to time by resolution
of the Board:
A.
In order for the operator to properly assess the client's condition
for receiving body art procedures and not violate the client's
rights or confidential medical information, the operator must obtain
and maintain a client record containing the following information
regarding each client:
B.
In addition to the information collected from the client, the client
record must include:
(1)
The name of the artist who performed the procedure;
(2)
The date of the procedure;
(3)
The location of the procedure on the client's body;
(4)
A description of the type of procedure provided;
(5)
Consent of the parent or legal guardian for all persons under the
age of 18; and
(6)
Signed statement by client acknowledging that he or she may be temporarily
prohibited from donating blood under rules and regulations of the
Red Cross.
C.
The holder of a body art establishment license must ensure that the
following records are kept and retained and shall be made available
to the Health Officer upon request:
D.
The holder of a body art establishment license must ensure that the
establishment is well lighted, well ventilated and kept in a clean,
orderly, sanitary condition at all times and free of infestation by
insects or vermin and must assure that there is a telephone in good
working order easily available and accessible to all operators, employees
and clients during all hours of operation.
E.
All body art establishments shall conform with the following requirements:
(1)
Light with an artificial light source equivalent to at least 20 footcandles
three feet off the floor, except that light sources equivalent to
at least 100 footcandles shall be provided at the level where body
art procedures are being performed, and where instruments and sharps
are assembled.
(2)
All walls, floors and all procedure surfaces in rooms or areas where
body art procedures are performed must be smooth, nonporous, washable,
and in good repair. Floors shall be cleaned daily. Cleaning shall
not occur while procedures are being performed.
(3)
All body art establishments must have a dedicated physical address.
(4)
All body art establishments must have:
(a)
An entrance leading directly into the establishment;
(b)
No direct opening between the establishment and any building
or portion of a building used as living or sleeping quarters or as
a food, liquor, or tobacco establishment; and
(c)
Notwithstanding the foregoing, body art establishments located
in a nail salon or cosmetology salon may share an entrance into the
establishment. However, the body art establishment must be separated
by wall extending from floor to ceiling.
(5)
Each establishment shall have an area that will be screened from
public view for customers requesting privacy or for all genitalia
body art procedures. Dividers, curtains or partitions, at a minimum,
shall separate multiple body art stations.
(6)
A consistent fresh air supply must be provided to the establishment.
Furnace or air conditioners shall be maintained to allow for airflow.
Filters shall be cleaned or replaced annually or more frequently if
necessary.
(7)
No domestic or wild animals of any kind shall be present in a body
art establishment except service animals used by persons with disabilities.
Fish aquariums shall be allowed in nonprocedural areas.
(8)
The doors to the establishment shall be self-closing and kept closed
to prevent entrance by vermin and foreign particles.
(9)
The establishment must at all times have a supply of hot and cold
running water in sufficient quantities to conduct the facility in
a sanitary manner. Further, the body art establishment shall be protected
by a testable reduced backflow preventer installed in accordance with
Pennsylvania codes. All wastewater must be disposed of through a system
that carries it away from buildings and to a public sewer connection.
(10)
The establishment must be maintained in a safe condition. It must
have:
(a)
Floors, floor coverings, walls, woodwork, ceilings, furniture,
fixtures and equipment that are clean, smooth, washable and in good
repair;
(b)
Floors that are free of unsafe objects and slippery or uneven
surfaces;
(c)
Doors, stairways, passageways, aisles or other means of exit
providing safe and adequate access and, where applicable, exits marked
for easy escape;
(d)
Electrical appliances or apparatus must be clean and have no
worn or bare wiring to avoid fires, shocks and electrocution, and
all electrical outlets in operator areas, cleaning areas and bathroom
facilities must be equipped with ground fault (GF) protected receptacles;
and
(e)
Water or product spills on the floor shall be removed immediately
and the floor dried to avoid falls.
(11)
The body art establishment must have the following equipment, all
of which shall be in good repair, easily cleanable and kept in a sanitary
manner at all times:
(b)
Sharps container. Contaminated sharps must be disposed of in
an approved sharps container to prevent cross-contamination in accordance
with 105 CMR 480.00, Storage and Disposal or Infectious or Physically
Dangerous Medical or Biological Waste, State Sanitary Code Chapter.
It will be the responsibility of the owner of the body art establishment
to be in possession of the most recent regulations and copies of OSHA
Chapter 4.
(d)
Autoclave(s). The autoclave shall be used, cleaned and maintained
according to the manufacturer's instructions. A copy of the manufacturer's
recommended procedures for the operation of the autoclave must be
available for inspection by the Health Officer. Autoclaves, while
running, shall be positioned away from workstations or areas available
to the public as space permits. Cleaning and logbooks are to be available
for inspection. Each owner of the body art establishment shall demonstrate
that the autoclave is capable of attaining sterilization by monthly
spore tests. These tests shall be verified through an independent
laboratory. These records shall be kept by the owner for three years
and made available to the Health Officer upon request.
(e)
Waste receptacles. Each workstation shall have a waste receptacle,
which is covered and lined with a disposable bag.
(f)
Work counters. All work counters shall be smooth, nonporous
and easily cleanable. All work areas shall have a germicidal cleaner
marked as such.
(g)
Disposable ink caps. Ink caps are required if providing tattooing
and permanent color technology procedures. Ink cap holders shall be
smooth, nonporous and disposable.
(h)
First aid kit. Body art establishments are required to have
a complete first aid kit.
(i)
Chairs. All chairs for operators, as well as clients, shall
be made of smooth, cleanable materials. Cloth is not permitted.
(j)
Cabinets or containers for storage. All cabinets and containers
shall be maintained and shall be kept in a clean and sanitary manner.
(k)
Requirements for single-use items including inks, dyes and pigments:
[1]
Single-use items shall not be used on more than one client for
any reason. After use, single-use sharps shall be immediately disposed
of in approved sharps container pursuant to 105 CMR 480.000.
[2]
All products applied to the skin, such as but not limited to
body art stencils, applicators, gauze and razors, shall be single
use and appropriately disposed of.
[3]
Hollow-bore needles or needles with cannula shall not be reused
but rather properly disposed of.
[4]
All inks, dyes, pigments, solid-core needles, and equipment
shall be specifically manufactured for performing body art procedures
and shall be used according to manufacturer's instructions.
[5]
Inks, dyes, or pigments may be mixed and may only be diluted
with water from an approved potable source. Immediately before a tattoo
is applied, the quantity of the dye to be used shall be transferred
from the dye bottle and placed into single-use paper cups or plastic
cups. Upon completion of the tattoo, these single-use cups or caps
and their contents shall be discarded.
(l)
Toilet facilities. Toilet facilities shall be offered and conveniently
located during all business hours for all operators, employees and
clients. A hand-wash sink shall be offered and signage shall be visible
reminding employees to wash their hands.
(12)
The holder of the body art establishment license shall maintain all
the furniture and equipment in the establishment in good working order
and keep it in a clean and sanitary manner.
(13)
The holder of the body art establishment license must ensure that
storage within the establishment and body artists comply with the
following requirements:
(a)
Flammable and combustible chemicals shall be stored away from
potential sources of ignition such as an open flame or an electrical
device.
(b)
All chemicals shall be stored in closed bottles or containers
and clearly labeled.
(d)
Storage units. All cabinets, drawers, and containers used for
storage of supplies, instruments and towels shall be kept clean:
(f)
Instrument storage.
[1]
Instruments that have been used on a client or soiled in any
manner shall be placed in a properly labeled covered receptacle until
sterilized;
[2]
Sterilized instruments shall be individually packed and stored
in a clean, closed container or drawer until used and are to be stored
six to 12 inches off the floor, dated with an expiration date not
to exceed six months; and
[3]
Sterile instruments may not be used if the package has been
breached or after the expiration date without first re-sterilizing.
(g)
Contaminated sharps must be stored and disposed of in approved
sharps container to prevent cross-contamination.
(h)
Infectious waste must be:
[1]
Handled and stored so that human exposure is prevented;
[2]
Discarded in double-lined plastic bags in a covered waste receptacle
or in an approved "red" bag marked with the international biohazard
symbol and stored safely until transported by a licensed infectious
waste hauler to an appropriate treatment or disposal facility; and
[3]
Records of infectious waste disposed of shall be retained for
one year.
(14)
The holder of a body art establishment license must ensure that the
use of towels/linens in the establishment meets the following requirements
and that body artists working therein comply with the following requirements:
(a)
Cloth linens, after use, shall be disposed of in a labeled receptacle
that has a cover;
(b)
Used cloth linens shall not be used again until they are laundered
and sanitized;
(c)
Only single-use towels are to be used for body art procedures
and must be discarded in a labeled receptacle that has a cover, with
a disposable plastic liner, immediately following each body art procedure;
and
(d)
Linens to be laundered shall be laundered either by a commercial
washer which includes immersion in laundry detergent and either chlorine
bleach or water at 160° F., for not less than 15 minutes during
the washing and rinsing operation. Linen service from a source approved
by the Health Officer or the Board may be substituted as an alternative
method.
(15)
The holder of a body art establishment license must ensure that the
use of products in the establishment meet the following requirements
and that all body artists providing services therein comply with the
following requirements:
(a)
All liquids, cosmetics, creams, gels, pastes, powders, and other
products are kept in clean, closed containers;
(b)
Original product bottles and containers have an original manufacturer
label;
(c)
When only a portion of the product is to be used on a client,
the product shall be removed from the container by a spatula, scoop,
spoon, or dropper so that the product does not come in direct contact
with the client and to assure that the remaining product is not contaminated;
(d)
If a product is poured into another container, such as a shaker,
dispenser pump container, or spray container, the container is labeled
to identify the product;
(e)
Supplies and implements which come in direct contact with a
client and cannot be disinfected, such as cotton pads, cotton balls,
pads, "Q-tips," sponges, bandages, tapes, surgical dressing and other
similar items, shall be disposed of in a covered waste receptacle,
with a plastic liner, or, if contaminated with body fluids, in a hazardous
waste container, immediately after use;
(f)
All products applied to the skin, including stencils, must be
single use and disposable. Acetate stencils will not be allowed for
reuse if sanitization procedures are not performed between uses. Petroleum
jellies, soaps, and other products used in the application of stencils
must be dispensed and applied on the area to be tattooed with sterile
gauze or in a manner to prevent contamination; and
(g)
Only petroleum jelly, United States Pharmacopoeia or National
Formulary shall be applied to the area to be tattooed, and it shall
be in a collapsible metal or plastic tube. The application may be
spread by the use of sterile gauze but not directly with the fingers,
unless both hands are covered with gloves. The stencil for transferring
the design to the skin shall be thoroughly cleansed and rinsed in
an approved germicidal solution for at least 20 minutes, and shall
be dried with sterile gauze or in the air before each use.
(16)
All license holders must ensure that after use by each operator and/or
a client, all nondisposable instruments and procedure work surfaces
are cleaned and sterilized with a sanitizer that has a demonstrated
antimicrobial activity, as indicated by the product label and that
the following requirements are complied with:
(a)
Jewelry used for new body piercing must be sterilized with an
autoclave or chem-clave. Acrylic jewelry cannot be used for a new
piercing. Jewelry used in healed body piercing does not have to be
sterilized, but must be used according to product label;
(b)
Clippers must be disinfected with a liquid chemical sterilizer
after each use;
(c)
All nondisposable instruments used for body art must be cleansed
and sterilized after each use. Autoclave or chem-clave sterilization
must be conducted for the cycle of time and corresponding operating
pressure recommended by the manufacturer of the autoclave. Sanitizers
used in the cleaning process must have demonstrated anti microbial
activity, as indicated by the product label and be registered with
the U.S. Environmental Protection Agency;
(d)
Instruments that are to be autoclaved within the facility must
be packed in a single-use autoclave bag with the date of sterilization.
The expiration date must not exceed six months from the date autoclaved;
(e)
All sterilized instruments must remain stored in sterilized
packages until just prior to performing a body art procedure. Where
several instruments are sterilized at the same time in the same package,
such as in a single-use setup, once the container is opened, any instrument
not used immediately in a procedure must be re-sterilized;
(f)
Every batch of sterilized equipment must be monitored for sterilization
by use of a heat-sensitive indicator that is capable of indicating
approximate time and temperature achieved;
(g)
Only jewelry meeting the requirements hereunder which is free
of nicks, scratches or irregular surfaces and which has been properly
sterilized prior to use may be inserted into a newly pierced area;
and
(h)
All instruments must be disposed of and no longer used after
the manufacturer's expiration date for each such instrument.
(17)
Each body art establishment is to be equipped with an autoclave which
is a design, style or model that has received clearance by the U.S.
Food and Drug Administration for conformance with Section 510(k) of
the Federal Food, Drug and Cosmetic Act. Alternate sterilizing equipment
may only be used when specifically approved in writing by the Department.
After each use and before use on another customer, all needle bars,
grips and tubes and needles shall be cleaned and packaged in a self-sealing
autoclave bag which is dated with an expiration date not to exceed
six months, and arranged in an autoclave which is operated in strict
accordance with the autoclave manufacturer's recommendations.
As the operation time of the autoclave may vary with the type of instrument,
the packaging of that item and the arrangement of items in the autoclave,
it is critical that the manufacturer's operation manual be followed.
This will assure that each item placed in the autoclave achieves the
proper temperature for sterilization. Temperature-sensitive autoclave
tape, autoclave bags with a chemical color indicator on the bag or
any other temperature-sensitive medium approved for autoclaves by
the Department must be applied to each load every time the autoclave
is used. To further confirm that the autoclave is operated in a manner
to assure sterility of the processed instruments, it must be tested
monthly using a biological indicator such as spore strips or spore
suspensions which are processed by a laboratory. The operator must
maintain records documenting such testing for three years. A copy
of the manufacturer's recommended procedures for the operation
of the autoclave is to be available for inspection by the Department.
An autoclave, which has received a positive spore test, must be immediately
removed from service and all instruments allegedly sterilized by that
autoclave shall not be utilized on any client. Prior to using, the
operator must ensure that there is evidence of one negative spore
test. If the autoclave requires repair work, it cannot be utilized
until it has received two negative spore tests. Autoclaves must be
cleaned and serviced at the frequency recommended by the manufacturer.
A copy of the manufacturer's cleaning and servicing instructions
must be maintained in the body art establishment.
(18)
Pigments, colors and dyes used from stock solutions for each client
must be placed in a single-use receptacle and the receptacle and remaining
solution must be discarded and disposed of after each use.
(a)
All dyes, inks and pigments shall be from a source of supply
which complies with applicable U.S. Food and Drug Administration regulations
when available. Dyes, inks and pigments are to be used in accordance
with the manufacturer's directions and are not to be adulterated
with any substance not recommended by the manufacturer.
(b)
A client must not receive body art procedures on areas which
are irritated/inflamed or have moles, rash, broken skin, infection
or any other evidence of an unhealthy condition such as TB, influenza,
HIV, impetigo, syphilis, mumps, hepatitis, sclera, jaundice or rubella.
(c)
Licensees and operators must be able to demonstrate knowledge
in anatomy and skin diseases, infections, disease control and universal
precautions.
(19)
Every body artist must wash his/her hands thoroughly with liquid
antibacterial soap and water and dry them with single-use disposable
towels, before and after serving each client and at any time during
the procedure when the hands may become contaminated.
(20)
The owner of a body art establishment must ensure that each licensee
wears gloves and each operator shall wear gloves in accordance with
the following:
(a)
When performing body art procedures, the operator must wash
his/her hands prior to gloving;
(b)
Gloves must be disposed of after the completion of each procedure
on each client; and
(c)
If gloves become torn, punctured or otherwise contaminated,
operators must remove and dispose of the gloves, wash his/her hands
with liquid soap and water, and dry with a disposable towel, and then
put on a new pair of gloves before resuming the body art procedure.
(21)
Single-use items must not be used on more than one client. After
use, all single-use needles, razors, razor blades and other sharps
must be immediately disposed of in an approved sharps disposal container
in accordance with 105 CMR 480.00.
(22)
No body art procedure shall be performed until the following inspections,
shavings and preparations of the body art area have occurred:
(a)
No body piercing shall be done on skin surfaces which have any
rash, pimples, boils, infections or any other evidence of an unhealthy
condition;
(b)
If the skin is to be shaved, the skin surface must first be
washed with soap and warm water. Disposable razors, for each client,
shall be used for preparation of the areas to be pierced;
(c)
Prior to piercing, the area to be pierced shall be gently scrubbed
with an approved surgical scrub material or a sterile gauze pad soaked
in a germicidal preparation registered with the Environmental Protection
Agency and applied in accordance with the manufacturer's recommendations;
(d)
Only medical-grade markers or ink and sterile toothpicks are
to used to identify the areas to be pierced. Gentian violet may be
utilized for marking oral piercings; and
(e)
The use of styptic pencils, alum blocks or other solid styptic
to check the flow of blood is prohibited.
(23)
All license holders must ensure that the body art establishment,
operators and employees use disinfectant solution in accordance with
the manufacturer's directions. Body artists must comply with
the following requirements:
(24)
While in the body art establishment, license holders must not engage
in or allow any other person to engage in any of the following activities:
(a)
Consuming food or beverages in any area where body art is performed
(beverages of a nonalcoholic type can be consumed or given to clients
for the reason of dehydration, lightheadedness and general comfort
and small snacks may be given to diabetics whose sugar may have dropped);
(b)
Storing food in the same area where chemical supplies are used
or stored;
(c)
Using, consuming, serving, or in any manner possessing or distributing
intoxicating beverages or controlled substances upon its premises
during the hours the facility is open to the public and/or any body
art procedures are being performed; and
(d)
Performing body art when she/he is under the influence of alcohol,
narcotic drugs, stimulants, or depressants or on any person who appears
to be under the influence of alcohol, narcotic drugs, stimulants,
or depressants.
(25)
All external threaded jewelry to be used in body art procedures is
to be made from one of the following grades: 316LVM and/or surgical
implant-grade stainless steel ASTF 138; solid yellow or white gold
which is 14K or 18K; titanium meeting ASTM TiA4V ELI, F136; niobium;
platinum; high-density, low-porosity nontoxic plastics meeting FDA
standards where applicable (Tygon and PTFE); and autoclavable borosilicate
glass (Pyrex®). Certification of the quality of the jewelry is
to be obtained from the manufacturer/supplier and made available for
inspection. Substandard jewelry such as that which is damaged, scratched,
intended for earlobes or not expressly designed for body piercing,
jewelry made of silver, gold-plated or filled or other corrosive metal
or any internal threaded jewelry shall not be used. When stored in
a closed clean, dry container, jewelry stored in paper autoclave bags
may be stored up to three months and up to six months when a full
plastic autoclave bag is used.
(26)
No person may perform a body art procedure on or to any person under
18 years of age without prior written consent of the parent or court-appointed
guardian of such person. The person giving consent must be present
during the procedure.
(27)
All recipients of a body art procedure shall receive from the body
artist and/or the body art establishment both written and verbal after
care which shall include, inter alia, circumstances under which the
client should seek medical treatment.
A.
Any person violating or failing to comply with this chapter or any
section or provision hereof or any regulation made under its authority
and any person who hinders, obstructs or interferes with a Health
Officer of any of his assistants in the discharge of their duties
shall, on conviction, be fined not less than $50 or more than $300
plus the costs of their prosecution for the first offense and not
less than $200 and not more than $1,000 plus the costs of prosecution
for all succeeding offenses and in default of payment of such fines
and costs, shall be imprisoned for not more than 90 days.
B.
If the violation shall be by a corporation, partnership, limited
liability company, association or other legal entity, the directors
of such corporations, partners of such partnership, or members of
such limited liability companies or associations, its agents and employees,
with guilty knowledge of the violation, shall also be guilty of an
offense and on conviction hereof shall be punished as aforesaid.
C.
All fees and fines imposed or collected under the provisions of this
chapter shall be paid to the Borough of Columbia for use by the Borough.
D.
Failure to observe any of the provisions of this chapter or failure
to correct and cure any violations within 60 days of notice are grounds
for revocation of a license or denial of a renewal of a license. Unless
a license is being temporarily and immediately revoked for health
reasons in accordance with the provisions of this chapter, prior to
the revocation or denial of renewal, the Borough shall give 10 days
written notice to the licensee of his violation of or his failure
to observe a general condition as set forth herein. If the licensee
requests a hearing prior to the expiration of that ten-day notice
period, the Board shall have a hearing to determine if the revocation
or renewal denial should occur. In order to request a hearing, the
licensee must do so in writing and include with his or her written
request for a hearing the sum of $50 made payable to the Borough of
Columbia as the fee for such hearing. The licensee may present evidence
in his behalf at such hearing. The Board shall render a written decision
within 45 days of the hearing. If the licensee fails to request such
a hearing, the revocation or renewal denial shall be effective upon
the expiration of the ten-day period or upon expiration of the term
of the existing license, as will be set forth in the written notice.
E.
Any person convicted of two violations of the provisions of this
chapter within any twelve-month period shall have his license suspended
for one full year and shall not be eligible for another license until
the expiration of one full year.
F.
This chapter and the foregoing penalties shall not be construed to
limit or deny the right of the Borough of Columbia or any person to
such equitable or other remedies as may be otherwise available with
or without process of law.
This chapter shall take effect on July 1, 2009.
