Except where specified in the following definitions, all words
used in this chapter shall carry their customary meanings. Words used
in the present tense include the future; the singular number shall
include the plural, and the plural the singular:
BODY PIERCING
The process of breaching the skin or mucus membrane for the
purpose of insertion of any object, including, but not limited to,
jewelry for cosmetic purposes. The term does not include ear piercing
or nail piercing.
HEALTH OFFICER
The Health Officer of the Tamaqua Board of Health or its
duly authorized representative.
OPERATOR
Any individual, partnership, firm, company, corporation or
association that owns or operates an establishment where tattooing
and/or body piercing is performed and any individual who performs
or practices the art of tattooing and/or body piercing on another
person, whether or not for profit.
TATTOO, TATTOOED, TATTOOING
Any method of placing designs, letters, scrolls, figures,
symbols or any other marks upon or under the skin of a human with
ink or any other substance, resulting in the coloration of the skin
by the aid of needles or any other instrument designed to touch or
puncture the skin. This definition shall not apply to medical doctors
or doctors of veterinary medicine in performance of their professional
duties.
Every operator who operates a tattooing and/or body piercing
establishment shall comply with the following requirements:
A. The room in which tattooing and/or body piercing is done shall have
an area of not less than 100 square feet. The walls, floors and ceilings
shall have an impervious, smooth, washable surface and shall be painted
or finished in a light color. Carpeting is prohibited in tattooing
area(s) and toilet room(s).
B. A restroom with a toilet shall be located in the establishment and
shall be accessible at all times the tattooing and/or body piercing
establishment is open for business. The restroom shall also be supplied
with hot and cold running water, soap and single-use towels provided
in approved dispensers. Single-use towels provided in approved dispensers
shall also be located in each room where tattooing and/or body piercing
is performed.
C. All tables and other equipment shall be constructed of easily cleanable
material, shall be painted or finished in a light color, with a smooth,
washable finish and shall be separated from waiting customers or observers
by a permanent partition at least four feet high.
D. The entire premises and equipment shall be maintained in a clean,
sanitary condition and in good repair.
E. The operator shall scrub his/her hands thoroughly with soap and water
before starting to tattoo and/or body pierce; the hands shall be dried
with individual, single-use towels. Sterile surgical gloves shall
be worn by the operator when tattooing or body piercing. Gloves shall
be used only once and then disposed of in a manner as prescribed by
the Department.
F. While tattooing, a single-service blade razor shall be used for each
customer or client and disposed of in a sharps container.
G. The area to be tattooed or body pierced shall first be thoroughly
scrubbed with an antiseptic soap for a minimum of two minutes, and
an approved sterilizing preparation used. Waste materials shall be
deposited in an easily cleanable, covered waste container provided
in the tattooing and/or body piercing area.
H. An antibiotic ointment that the customer or client is not allergic
to shall be used on the area to be tattooed or body pierced, and it
shall be applied with sterile gauze.
I. The use of styptic pencils, alum blocks or other solid styptics to
check the flow of blood is prohibited.
J. Operators of tattoo and/or body piercing establishments shall be
supplied by the Tamaqua Board of Health, with literature on hepatitis
B and C, and HIV. The operator shall distribute copies of this literature
to all customers and clients. Each operator shall obtain a written
acknowledgment by each customer and client that they have received
the literature referred to above and shall retain each written acknowledgment
as proof of compliance of this section.
K. Single-service or individual containers of dye, ink or needles shall
be used for each client or customer and shall be discarded immediately
after completing work on a customer or client by being placed in a
sharps container, which container shall be disposed of according to
the contract of the company with which the operator is dealing. The
operator shall obtain and keep on file a receipt for each such container
used for this purpose. Any dye in which the needles were dipped shall
not be used on another person. Excess dye or ink shall be removed
from the skin with an individual, sterile sponge or a disposable paper
tissue, which shall be used on one person and then immediately discarded.
After completing work on any person, the tattooed or body pierced
area shall be washed with sterile gauze, saturated with an antiseptic
soap solution approved by the Health Officer, or a 70% alcohol solution.
The tattooed or body pierced area shall be allowed to dry.
L. No tattoo establishment may attempt to remove a tattoo from any person
or allow such a procedure to take place on its premises.
M. No holder of a license hereunder, or the servant or employee of such
holder, shall tattoo or body pierce any person under the age of 18
years without first obtaining a written parental authorization. All
parental authorizations shall be maintained on file and be available
for inspection for a period of seven years after the customer or client
has reached the age of 18. A copy of the parental authorization shall
be provided to the parent of the minor by the operator. Proof of age
will be required of all clients or customers.
N. Animals shall not be permitted in the tattooing and/or body piercing
establishment except where permitted by state law.
O. All clean and ready-to-use needles and instruments shall be kept
in a locked, closed glass or locked metal case or storage cabinet
while not in use. The key to the case or cabinet shall be secured
by the operator or employee in charge and kept on his person while
the premises are open to the public for business. Such cabinet or
case shall be maintained in a sanitary manner at all times.
P. A steam sterilizer (autoclave) shall be provided for sterilizing
reusable needles and similar instruments (to the extent expressly
permitted by this chapter) before use on any customer or client. Sterilization
of equipment shall be accomplished by exposure to live steam for at
least 30 minutes at a minimum pressure of 15 pounds per square inch,
temperature of 240° F. The autoclave shall be provided with a
thermometer reading ±2° accuracy and an accurate steam
pressure gauge. Alternate sterilizing procedures may only be used
when specifically approved by the Health Officer.
Q. The needles and instruments required to be sterilized shall be so
used, handled and temporarily placed during tattooing and/or body
piercing so that they not be contaminated. Animals are not to be tattooed
or body pierced with any of the instruments used in tattooing or body
piercing customers.
R. No person, customer or patron having any skin infection or other
disease of the skin or any communicable disease shall be tattooed
or body pierced. All infections resulting from the practice of tattooing
or body piercing which become known to the operator shall promptly
be reported to the Health Officer by the person owning or operating
the tattooing and/or body piercing establishment.
S. All pigments, dyes, colors, etc., used in tattooing shall be sterile
and free from bacteria, virus particles and noxious agents and substances.
T. All bandages and surgical dressings used in connection with the tattooing
or body piercing of a person shall be sterile.
U. In order to carry out the intent of this chapter, the Tamaqua Board
of Health may promulgate, from time to time, rules and regulations
pertaining to the requirements of sanitation, cleanliness, adequacy
of facilities, equipment and operation of a tattooing and/or body
piercing establishment consistent with this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In addition to the revocation and suspension of any license,
as provided in this chapter, any operator or other person who shall
violate any provision of this chapter shall, upon being found liable
therefor, pay a fine of not more than $600, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings.
If the penalty is not paid, the Borough shall initiate a civil action
for collection in accordance with the Pennsylvania Rules of Civil
Procedure. Each day a violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Schuylkill County.