Town of Weymouth is promulgating rules and regulations in the
form of this Body Art Ordinance 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 Body Art Ordinance, the Town of Weymouth 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) or acquired
immune deficiency syndrome (AIDS).
In addition, this Body Art Ordinance establishes:
1. A requirement for registration and a procedure for the registration
with the Health Department of the Town of Weymouth of all persons
performing such body art activities;
2. A requirement for minimal training standards for such practitioners,
including requirements for the prevention of disease transmission
and for knowledge of anatomy and physiology;
3. Provisions for the regular inspection of establishments wherein body
art activities are to be performed; and
4. Provisions for revocation of the registration of any person or establishment
deemed in violation of the rules and regulations promulgated under
this Body Art Ordinance, or for other means of enforcement of the
provisions of this Body Art Ordinance.
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This Body Art Ordinance provides for an annual fee to be paid
by a person and establishment registered under this Body Art Ordinance.
This fee is intended to help defray the cost to the Town of Weymouth
of the administration of the requirements of this Body Art Ordinance.
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This Body Art Ordinance shall be administered and enforced by
the Health Department of the Town of Weymouth.
The following terms used in this Body Art Ordinance, unless
the context otherwise requires, shall have the following meanings:
AFTERCARE INSTRUCTIONS
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.
ANTISEPTIC
An agent that destroys disease-causing microorganisms on
human skin or mucosa.
AUTOCLAVE
An apparatus for sterilization utilizing steam pressure at
a specific temperature over a designated period of time.
AUTOCLAVING
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.
BODY ART
The practice of physical body adornment, alteration or modification
by means including, but not limited to, piercing, tattooing, branding,
braiding, beading/implantation or scarring.
BODY ART ESTABLISHMENT
Any facility that has been inspected and approved by the
Department for use in conducting body art activities and for which
a current permit is issued by the Department in accordance with this
Body Art Ordinance.
BODY ART ORDINANCE
Section 6-1200 of the Weymouth Code of Ordinances, as amended
from time to time.
BODY ART PRACTITIONER
A person who has received a license to perform body art activities
by the Department pursuant to this Body Art Ordinance.
BODY ART PRACTITIONER PERMIT
A permit issued by the Weymouth Department of Health to a
person qualified to engage in the practice of body art in accordance
with this Body Art Ordinance.
BODY PIERCING
The form of body art requiring or consisting of the puncturing
or penetration of the skin or of a membrane of a person, other than
the lobe of the ear, for the purpose of the temporary or permanent
placement or insertion of jewelry or other adornment or device therein.
BRAIDING
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.
BRANDING
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.
CLEANING AREA
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.
CONTAMINATED or CONTAMINATION
The presence of or a reasonable possibility of the presence
of blood, bodily fluids, infectious or potentially infectious matter
on an inanimate object.
CONTAMINATED WASTE
Any liquid or semi-liquid blood or other potentially infectious
material; contaminated items that would release blood or other potentially
infectious material in a liquid or semi-liquid 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; sharps and any wastes containing blood or other potentially
infectious materials, as defined in Code of Federal Regulation, 29
CFR 1910.1030, as defined in Code of Massachusetts Regulations 105
CMR 480.00 et seq., or in this Body Art Ordinance.
COSMETIC TATTOOING
Also known as permanent cosmetics, micropigment implantation
or dermal pigmentation; the form of body art requiring the implantation
of permanent pigment around the eyes, lips and cheeks of the face
and hair imitation.
CUSTOMER or CLIENT
A person upon whom one or more body art activities is/are
to be performed, and shall include a minor client.
CUSTOMER WAITING AREA
The area in a body art establishment for use and occupation
by persons and clients prior to and after the conduct of body art.
DEPARTMENT
The Weymouth Health Department, established in accordance
with MGL c. 111.
DERMIS
The deeper, thicker portion on the skin lying beneath the
epidermis, to include the subcutaneous layer.
DISINFECT
The destruction of pathogenic microorganisms using a liquid
chemical germicide.
EAR PIERCING
The puncturing of the outer perimeter of the lobe of the
ear using a presterilized single-use stud-and-clasp ear piercing system
following manufacturer's instructions.
EPIDERMIS
The outer layer of skin which is composed of four recognizable
layers of cells usually a total of about 0.1 mm thick.
EQUIPMENT
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.
EXPOSURE
An event whereby there is an eye, mouth or other mucous membrane,
nonintact skin or parenteral contact with the blood or bodily fluids
of another person or contact of an eye, mouth or other mucous membrane,
nonintact skin or parenteral contact with other potentially infectious
matter.
EXPOSURE CONTROL PLAN
A plan drafted by an operator pursuant to the requirements
of the U.S. Occupational Safety and Health Administration (OSHA) to
eliminate or minimize the potential for an exposure.
HAND SINK
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.
HEALTH BOARD
The Department of Health of the Town of Weymouth established
in accordance with MGL c. 111.
HOT WATER
Water which is heated to attain and maintain a temperature
of between 110° F. and 130° F.
INSTRUMENT STORAGE AREA
The area in a body art establishment used for the storage
of linens, equipment and instruments used for body art.
INSTRUMENT or INSTRUMENT USED FOR BODY ART
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.
INVASIVE
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.
JEWELRY
Any device or adornment inserted into a pierced or incised
area or portion of the body.
LICENSE
A document issued by the Weymouth Board of Licensing Commissioners,
pursuant to this Body Art Ordinance, authorizing a person to conduct
body art procedures in the Town of Weymouth.
LIQUID CHEMICAL GERMICIDE
A substance registered with the United States Environmental
Protection Agency (EPA) for use in the destruction of pathogenic microorganisms
or an approximate 1:100 dilution of household chlorine bleach in clean
water mixed fresh daily.
MOBILE BODY ART ESTABLISHMENT
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 which has also obtained a permit
from the Department.
OPERATOR
Any person alone or jointly with other persons who owns,
controls, operates or manages a body art establishment.
PARENTERAL
The invasion of the skin barrier or mucous membranes.
PERMIT
A document issued by the Department pursuant to this Body
Art Ordinance authorizing the performance of body art activities or
the use of a facility for the conducting of body art activities.
PHYSICIAN
A person licensed by the Commonwealth of Massachusetts in
accordance with MGL c. 112, § 2.
PROCEDURE SURFACE
Any surface of an inanimate object that contacts an unclothed
part of a person upon whom body art is to be performed.
SANITIZE
The process of reducing the number of microorganisms on a
surface to a safe level using a liquid chemical germicide.
SANITIZER
The same as "liquid chemical germicide."
SCARIFICATION
That form of body art that requires the use of an instrument
to cut a design into the skin to produce a scar.
SHARPS
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.
SHARPS CONTAINER
A puncture-resistant, leakproof container that can be closed
for handling, storage, transportation or disposal and is labeled with
the International Biohazard Symbol.
SINGLE USE
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.
STERILIZATION UNIT
A unit designed to and which is effective at killing all
microorganisms, including bacterial spores, and which is approved
by the Department for use for sterilization in a body art establishment.
STERILIZE
To effectively kill all microorganisms, including bacterial
spores.
TATTOO
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.
TATTOO GUN
An electric, vertically vibrating tool used for tattooing.
TATTOOING
The act or process of creating a tattoo.
THREE DIMENSIONAL "3D" BODY ART or BEADING or IMPLANTATION
The form of body art consisting of or requiring the placement,
injection or insertion of an object, device or other item made of
matters such as steel, titanium, rubber, latex, plastic, glass or
other inert materials beneath the surface of the skin of a person.
These terms do not include body piercing.
ULTRASONIC CLEANING KIT
A unit approved by the Department and physically large enough
to fully submerge instruments in liquid, which removes all foreign
matter from the instruments by means of high-frequency oscillations
transmitted through the contained liquid.
UNIVERSAL PRECAUTIONS or STANDARD PRECAUTIONS
The set of guidelines and controls published by the Centers
for Disease Control and Prevention 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.
WORKSTATION
An area within a body art facility designated for use in
the conducting of body art activities.
If any provision or subpart thereof contained in this Body Art
Ordinance is found to be invalid or unconstitutional by a court of
competent jurisdiction, the validity of all remaining provisions or
subparts thereof shall not be so affected but shall remain in full
force and effect.
No person shall conduct any form of body art activity unless
such person holds a valid body art practitioner permit issued by the
Department pursuant to this Body Art Ordinance.
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 Body Art Ordinance.
Physicians who practice body art activities as a part of patient
treatment are exempt from the provisions of this Body Art Ordinance
so long as such body art activities are performed in a medically acceptable
manner.
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
Body Art Ordinance.
The requirements of this Body Art Ordinance to obtain a body
art practitioner permit 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 must demonstrate
compliance therewith by way of presentment to the Department of the
original business certificate issued by the Town Clerk under the provisions
of MGL c. 110, § 5.
The requirements of this Body Art Ordinance to obtain a body
art practitioner permit 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.