[HISTORY: Adopted by the Board of County Commissioners of
Allegany County 8-20-2015 by Bill No. 7-15, effective 11-8-2015.[1] Amendments noted where applicable.]
[1]
Editor's Note: This bill also repealed former Ch. 487, Tattoo
Establishments, adopted 10-2-1991 by Bill No. 8-91, effective 11-16-1991
(Ch. 180 of the 1984 Code).
The purpose of this chapter is to establish reasonable standards
for individuals performing tattoo and body piercing procedures and
for the facilities in which the procedures are provided. Such standards
should ensure the health and safety of all individuals performing
and receiving these services.
Unless otherwise defined by specific sections, as used in this
chapter the following the terms shall have the meanings indicated:
Any EPA-approved solution used to reduce pathogenic bacterial
count on and approved for use upon human skin and includes all products
labeled accordingly.
Body piercing, body modification, and/or a tattoo.
Any permanent building or structure on a permanent foundation,
holding a valid business license and permit from the Department, wherein
a tattoo or body piercing artist performs tattooing or body piercing.
This shall not include tattoo removal.
Any object inserted under the skin that is not defined by
"body piercing."
Puncturing or penetrating the skin or mucosa utilizing a
single-use sterile needle or other sterile instrument for the purpose
of inserting jewelry or other adornment into the body for nonmedical
purposes.
Any person who performs body piercing.
The Allegany County Health Department.
The person(s), partnership, the corporation, the association,
or group of persons who maintain and control the body art studio and
who are legally responsible for the operation of the studio.
Occupational Safety and Health Administration.
Adornment of the body (i.e., eyebrows, lining of eye lids,
etc.) by placing ink or other pigment into or under the skin or mucosa
by the aid of needles or any other instrument used to puncture the
skin resulting in permanent coloration of the skin or mucosa.
The authorization granted by the Department to the owner
to operate a body art studio.
Clean and free of agents of infection or disease.
Effective antibacterial treatment by a process that provides
sufficient concentration of chemicals for enough time to reduce the
bacteria count, including pathogens, to a safe level on equipment.
Holding a reusable instrument in an autoclave in accordance
with FDA requirements.
To mark or color the skin by pricking in, piercing, or implanting
indelible pigments or dyes under the skin, including permanent makeup.
Any person who performs tattooing.
A.
The owner shall be responsible for compliance with this chapter and
all applicable administrative rules and regulations of the Department.
B.
The owner shall certify in its application the name(s) and exact
duties of employees/artists who have been designated as being responsible
for carrying out the rules and policies adopted by the owner. The
following information shall be included: date of birth; gender; home
address; home/work phone numbers; and identification photos of all
operators/technicians.
C.
Prior to being granted a permit each body art studio shall develop
a written statement of policies and procedures outlining the responsibilities
of management.
D.
No person under the age of 18 shall be tattooed or pierced, unless
accompanied by a parent or legal guardian who provides written consent.
Notwithstanding the foregoing, a licensed physician or osteopath or
a technician acting under the direct supervision of such licensed
physician or osteopath shall be authorized to do tattoos or piercings.
E.
Tattoo and body piercing artists shall not be under the influence
of alcohol and/or drugs while performing tattoo or body-piercing procedures.
F.
Tattoo and body piercing artists shall refuse services to any person
who, in the opinion of the tattoo or body piercing artists, is under
the influence of alcohol or drugs.
G.
No animals, except for service animals accompanying disabled persons,
shall be allowed in the body art studio.
A.
The body art studio shall be constructed, arranged, and maintained
so as to provide adequately for the health and safety of its customers.
B.
The body art studio shall be constructed in a manner to allow the
customer receiving the tattoo or body piercing adequate privacy from
observers. The work area shall be separate from the waiting area,
and shall be separated by a fixed and solid door, wall, or partition
from any other area, including, without limitation, the waiting area.
D.
Walls and ceilings of body art studios must be painted or covered
in a manner which would allow for easy and effective cleaning. Paint
or covering must be light in color.
E.
Floors of the work area of a body art studio may not be carpeted.
Surfaces shall be of a nonabsorbent material that would allow for
effective cleaning by conventional methods.
F.
A clean and sanitary toilet and handwashing facility shall be made
accessible to customers; however, it shall be separate from the work
area.
G.
Each work chair shall be equipped with at least one sink or basin
providing hot and cold running potable water for the use of the artists
for washing their hands and preparing customers for tattooing/piercing.
This area shall be provided with soap, and single-use towels or air
blower for each artist.
H.
The facility shall be equipped with at least one utility sink providing
hot and cold running water for use in cleaning reusable receptacles
and the facility.
I.
The work area shall be provided with adequate lighting. Artificial
light sources shall be provided equivalent to at least 20 footcandles
three feet off the floor.
J.
The work area shall not be used as a corridor for access to other
rooms.
K.
Except for mobile body art establishments (§ 487-21), the body art studio shall not be allowed to occur in automobiles, mobile, transitory or other nonfixed facilities. Such nonfixed facilities include, but are not limited to, mobile homes, tents, recreational vehicles, and trailers.
L.
Body art studios shall not be allowed in facilities used for human
habitation, any food service establishment, hotel room or similar
areas.
A.
Furnishings of a body art studio shall be maintained in good condition,
intact, and functional. Furnishings shall be covered in a material
that is easily cleanable and nonabsorbent. The body art studio shall
be kept clean, neat, and free of litter and rubbish.
B.
Cabinets for the storage of instruments, dyes, pigments, single-use
articles, carbon, and stencils shall be provided for each tattoo artist
and shall be maintained in a sanitary manner that protects them from
contamination.
C.
Work tables and chairs shall be provided for each tattoo/body piercing
artist.
A.
Bulk single-use articles shall be commercially packaged and handled
to protect them from contamination. These articles shall be stored
in an area separate from the toilet and utility facilities.
B.
All materials applied to the human skin shall be from single-use
containers and shall be disposed of after each use.
A.
All dyes and pigments used in tattooing shall be from an FDA-approved
source specifically providing dyes and/or pigments for the tattooing
of human skin.
B.
In preparing dyes or pigments to be used by a tattoo artist, only
nontoxic, sterile materials shall be used. Single-use or individual
portions of dyes or pigments in clean, sterilized individual containers
or single-use containers shall be used for each patron.
C.
After tattooing, the remaining unused dye or pigment in the single-use
or individual containers shall be discarded along with the container.
A.
The client and body piercing artist should have appropriate size
and quality jewelry chosen before the procedure begins.
B.
Jewelry to be used in piercing shall consist of an approved material
suitable for permanent surgical implant, such as high-quality surgical
stainless steel (316LVM series), niobium, titanium or platinum, or
a dense low-porosity plastic material, such as Tygon or PTFE. Copies
of the jewelry manufacturer's documentation, which verifies compliance
with standards, must be available for inspection on request of the
Department. Solid 14 karat, or high, white or yellow, nickel-free,
gold may be used. Purity verification must also be available for inspection
on request of the Health Officer. Appropriate jewelry has no damaged
surfaces.
C.
Ear studs or other jewelry designed for earlobe piercing is not appropriate
jewelry for other body parts and must not be used by the body piercing
artist.
A.
Prior to the start of the tattoo/body piercing procedure, the artist
should inspect his/her hands for hangnails, small cuts, sores, and
abrasions. If a cut, sore, or abrasion is detected, a bandage should
be applied for added protection before gloving. Trim fingernails to
ensure that gloves are not punctured.
B.
All jewelry, such as watches, rings, etc., should be removed prior
to the start of any procedure.
C.
Before working on each client, the fingernails and hands of the tattoo/body
piercing artist shall be thoroughly washed and scrubbed with warm
water and soap. The hands should then be dried by either an air blower
or by single-use towels prior to beginning work on each client or
when interrupted in the process.
D.
Single-use disposable latex or approved nonlatex examination gloves
shall be worn during the tattooing process. Gloves shall be changed
and properly disposed of each time there is an interruption in the
application of the tattoo, the gloves become torn or punctured, or
whenever their ability to function is compromised.
E.
Each artist shall wear a clean outer garment, apron or smock, or
use other protective barriers as needed. These items shall be changed
after each client.
F.
Tattoo and body piercing artists who are experiencing symptoms of
illness, such as diarrhea, vomiting, fever, rash, or skin infections,
shall refrain from tattooing and body piercing activities.
G.
Adequate numbers of sterilized needles and tubes must be on hand
for each artist for the entire day and night operation.
H.
Only single-use disposable razors shall be used to shave the area
to be tattooed.
I.
Smoking, eating or drinking by anyone is prohibited in the area where
body art is performed.
J.
Universal precautions are to be followed per OSHA standards and guidelines.
A.
If nondisposable equipment is used, an operational sterilizer (autoclave)
shall be provided in each body art studio.
B.
Used nondisposable instruments shall be kept in a separate puncture-resistant
container until cleaned in hot water and soap, and then sterilized
by autoclaving.
C.
The following procedures should be followed during the sterilization
process:
(1)
Prior to being placed in the autoclave, all equipment shall be bagged,
labeled, dated and sealed.
(2)
Each autoclave bag may hold no more than one tube and bar.
(3)
The autoclave shall be operated according to manufacturer's
instructions and shall be made available for inspection.
(4)
Spore indicators shall be used a minimum of at least once a month,
and the results must be kept at location for a minimum of three years.
(5)
Certification of proper autoclave function shall be performed by
a certified laboratory at least every six months.
D.
All cleaned, nondisposable instruments used for body art shall be
sterilized in a steam autoclave or dry heat sterilizer (if approved
by the Department). The sterilizer shall be used, cleaned, and maintained
according to manufacturer's instructions. A copy of the manufacturer's
recommended procedures for the operation of its sterilization unit
must be available for inspection by the Department. Sterile equipment
may not be used if the package has been breached or after the expiration
date without first repackaging and resterilizing. Sterilizers shall
be located away from work stations or areas frequented by the public.
If the body art establishment uses all single-use, disposable instruments
and products, and utilized sterile supplies, an autoclave shall not
be required.
E.
Each holder of a permit to operate a body art establishment shall
demonstrate that the sterilizer used is capable of attaining sterilization
by monthly spore destruction tests. These tests shall be verified
through an independent laboratory. The permit shall not be issued
or renewed until documentation of the sterilizer's ability to
destroy spores is received by the Department. These test records shall
be retained by the operator for a period of three years and made available
to the Department upon request.
A.
Before placing the tattoo design on the client's skin, the tattoo
artist shall treat the skin area with soap.
B.
If an acetate stencil is used by a tattoo artist for transferring
the design to the skin, it shall be thoroughly cleaned and rinsed
in a germicidal solution for at least 20 minutes and then dried with
sterile gauze or dried in the air on a sanitized surface after each
use.
C.
If a paper stencil is used by a tattoo artist for transferring the
design to the skin, it shall be single-use and disposable.
D.
All cords or hoses must be covered utilizing a disposable single-use
sheath, or covering.
The Body piercing artist shall:
A.
Set up equipment in front of the client.
B.
Open sealed autoclave bags containing sterile equipment in front
of the client, and discard the autoclave bag.
C.
Disinfect all jewelry contaminated with only airborne pathogens (not
previously worn or contaminated) with a nonhazardous hard surface
disinfectant approved by the EPA. All jewelry contaminated or potentially
contaminated with blood borne pathogens (previously worn by another
person) should be autoclaved, stored in sterile indicator bags, sealed
and dated.
D.
All needles used in piercing shall be sterile, used only on one person,
at one sitting, for a single piercing, and immediately disposed of
in a medical sharps container.
E.
Presterilize all forceps, tubes, etc., in sealed, dated, sterile
indicator bags. These items are to be used on one person, in one sitting.
After one such use, they must be autoclaved and stored in sterile
indicator bags, sealed and dates.
After tattoo/body piercing application:
A.
The completed work shall be washed with a single-use towel saturated
with a cleansing solution.
B.
After the area has dried, apply a layer of antibacterial ointment
from a single-use dispenser or applicator.
C.
A bandage or cover shall then be applied to the tattoo using sealed
pads.
D.
Verbal and written instructions, approved by the Department, for
the care of the body art procedure site shall be provided to each
client by the tattoo or body piercing artist upon completion of the
procedure. The written instructions shall advise the client to consult
a physician at the first sign of infection and contain the name, address
and phone number of the establishment. These documents shall be signed
and dated by both parties, with a copy given to the client and the
tattoo or body piercing artist retaining the original with all other
required records. The facility shall also post in public view the
name, address and phone number of the Department and the procedure
for filing a complaint. The notice for filing a complaint shall be
included in the establishment application packet.
E.
All infections, complications, or diseases resulting from any body
art procedure which become known to the operator shall be reported
to the Department by the operator within 24 hours.
Each body art studio must be kept in a clean and sanitary condition.
The owner must develop and implement a cleaning schedule that includes
appropriate methods of decontamination and tasks or procedures to
be performed. This written schedule must be based on the location
within the studio, the type of surfaces to be cleaned, type of possible
contamination present, the tasks or procedures to be performed, and
their location within the body art studio. The following procedures
should be adhered to:
A.
Clean and sanitize all equipment and work surfaces with an EPA-approved
sanitizer after completion of tattoo/body piercing procedures and
at the end of work shift when surfaces have become contaminated since
the last cleaning.
B.
Remove and replace protective coverings, such as plastic wrap and
aluminum foil, after each tattoo procedure.
C.
Inspect and sanitize, on a daily basis, reusable receptacles such
as bins, pails, and cans that have a likelihood for becoming contaminated.
When contamination is visible, clean and sanitize those receptacles
immediately, or as soon as practicable.
D.
All clean, sterilized and ready-to-use needles and instruments shall
be kept in a closed glass or metal case or storage cabinet while not
in use. Such cabinet shall be maintained in a sanitary manner at all
times.
E.
The instruments required to be sterilized shall be so used, handled
and temporarily placed during tattooing so that they will not be contaminated.
A.
Needles, razors, or other sharp instruments used during tattoo/body
piercing procedures, shall be placed in an approved puncture-resistant,
closed container immediately after use.
B.
Needles shall not be purposely bent or broken, or otherwise manipulated
by hand.
C.
Containers of sharp waste shall be sent to a facility where they
are either incinerated or otherwise rendered nonhazardous in compliance
with 29 CFR Part 1920.1030, Occupational Exposure to Blood Borne Pathogens.
D.
Contaminated waste that may release liquid blood or body fluids when
compressed or may release dried blood or body fluids when handled
must be placed in an approved red bag that is marked with the International
Biohazard Symbol. It must then be disposed of in compliance with 29
CFR Part 1910.1030, known as "Occupational Exposure to Blood-Borne
Pathogens."
E.
Waste containers shall be kept closed when not in use.
F.
Disposable waste shall be handled, stored, and disposed of to minimize
direct exposure of personnel to waste materials.
G.
At least one covered waste receptacle shall be provided in each operator
area and each toilet room. Receptacles in the operator area shall
be emptied daily and solid waste shall be removed from the premises.
All refuse containers shall be lidded, cleanable and kept clean.
A.
Persons performing the tattoo and body piercing operation shall obtain
current certification in first aid and proof of attendance at a blood-borne
pathogen training program (or equivalent), approved by the Occupational
Health and Safety Administration. Training/courses provided by professional
body art organizations/associations or by equipment manufacturers
may also be submitted for consideration.
B.
If the artist is currently in business at the time of application
for permit, the above certification must be obtained with 60 days
from the date the permit is issued.
C.
The owner of a body art studio must maintain a file on all persons
who perform tattoo or body piercing procedures at that body art studio,
which will be available for inspection by the Department and includes
the following:
(1)
Report of Hepatitis B vaccination, Hepatitis B antibody testing results
or statement of contraindication to Hepatitis B vaccine.
(2)
Evidence of CPR, first aid certification and completed training in
disease prevention/blood-borne pathogens.
(3)
Record of date of birth; gender; home address; home/work phone numbers;
and identification photos.
A.
For each client, all tattoo and body piercing artists shall maintain
proper records of identification, tattoos and piercings administered,
informed consent, and care instructions for a minimum of three years.
B.
Records of each client shall be prepared prior to the procedure being
performed and shall reflect the client's name and signature,
address, proof of age, date tattooed/pierced, lot number of inks used,
design, its location and name of the artist.
C.
A statement of informed consent by the individual receiving the tattoo
or piercing or the parent or legal guardian, when appropriate, must
be maintained on file.
D.
A statement by the client attesting that he/she is not under the
influence of alcohol or drugs shall be on file.
E.
A copy of procedures signed by the client advising him/her of proper
subsequent care of the tattoo or piercing shall be maintained on file.
F.
A copy of instructions signed by the client informing him/her on
the risks involved and possible complications that might result from
the tattoo or body piercing procedure must be maintained on file.
A.
The owner of each body art studio shall submit to the Department
an application for a permit to operate under this chapter. No studio
shall be operated and no tattooing or body Piercing performed without
such a permit, which is current under this chapter.
B.
The application for permit shall be made on forms provided by the
Department. Each application for a permit shall be accompanied by
a floor sketch of the studio showing windows, doors, room measurements,
chairs, tables and equipment placement for clients and/or staff. For
existing establishment, an application must be received by the Department
within 60 days upon adoption of this chapter.
C.
A listing of the names of all staff, including the owner, who will
be working in the studio shall be included with the application for
a permit. This listing shall include the full name of each staff person.
D.
The ownership of the body art studio shall be fully disclosed in
its application for a permit.
E.
Though an owner may hold more than one permit, each body art studio
must have a valid permit.
F.
Zoning and other local requirements regarding proper location and
establishment of a body art studio shall be addressed by the applicant
with the responsible local officials.
A.
The owner of each body art studio shall obtain a valid permit from
the Department prior to beginning operation. To be eligible for a
permit, the studio must be in compliance with this chapter.
B.
The permit shall be displayed in a conspicuous place on the premises.
C.
Permits are not transferable from one studio to another. Transfer
includes the change of 5% or more of the ownership interests in any
person or entity holding an interest in the body art studio.
D.
A permit shall no longer be valid and shall be returned to the Department
when the studio ceases to operate, has moved to another location,
the ownership changes, or the permit is suspended or revoked.
E.
A body art studio that fails to comply with this chapter shall be
subject to the sanctions available to the Health Department pursuant
to the Maryland Annotated Code, including, but not limited to, denial
or revocation of its permit by the Department.
In addition to complying with all of the requirements of this
chapter, mobile body art vehicles and operators/technicians working
from a mobile body art establishment shall also comply with all of
the following requirements:
A.
Mobile body art establishments are permitted for use only at special
events, lasting 14 calendar days or less. Permits must be obtained
at least 14 days prior to the event, and no body art procedures are
to be performed prior to a permit being issued. Permit holders are
responsible for ensuring that all other local agency regulations are
complied with, such as, but not limited to, zoning and business license
requirements.
B.
Body art performed pursuant to this section shall be done only from
an enclosed vehicle, such as a trailer or mobile home. No body art
procedures shall be performed outside of the enclosed vehicle.
C.
The mobile body art establishment shall be maintained in a clean
and sanitary condition at all times. Doors shall be self-closing and
tight-fitting. Open windows shall have tight-fitting screens.
E.
The mobile body art establishment shall be used only for the purpose
of performing body art procedures. No habitation or food preparation
is permitted inside the vehicle unless the body art work station is
separated by walls, floor to ceiling, from the culinary or domicile
areas.
F.
The mobile body art establishment shall be equipped with equipment
washing sink and a separate handsink for the exclusive use of the
operator/technician for handwashing and preparing the client for the
body art procedures. The handsink shall be supplied with hot and cold
running water under pressure to a mixing type faucet, and liquid soap
and paper towels in dispensers. An adequate supply of potable water
shall be maintained for the mobile body art establishment at all times
during operation. The source of the water and tank storage (gallons)
of the tank(s) shall also be identified. Tuberculocidal single-use
hand wipes, approved by the Department, to augment the handwashing
requirements of this section, must be available.
G.
All liquid wastes shall be stored in an adequate storage tank with
a capacity of at least 50% greater than the capacity of the on-board
potable water supply. Liquid wastes shall be disposed of at a site
approved by the Department.
H.
Restroom facilities must be available within the mobile body art
establishment. A handsink must be available inside the restroom cubicle.
The handsink shall be supplied with hot and cold running water under
pressure to a mixing type faucet, liquid soap and paper towels in
dispensers. Restroom doors must be self-closing and adequate ventilation
must be available.
I.
All body art operators/technicians working in a mobile body art establishment
must have an operator permit and comply with the operator requirements
of this Code.
J.
No animals, except service animals of clients, shall be allowed in
the mobile body art establishment at any time.
K.
Mobile body art establishments must receive an initial inspection
at a location specified by the Department prior to use to ensure compliance
with structural requirements. Additional inspections will be performed
at every event where the mobile body art establishment is scheduled
to operate.
L.
All mobile body art establishment and operator's permits and
the disclosure notice must be readily seen by clients.
A.
The studio and its records shall be available for review and inspection
by properly identified representatives of the Department.
B.
A copy of the inspection report shall be displayed in a conspicuous
place on the premises and also shall be available for public inspection
at the appropriate Department wherein the studio is located.
C.
During operating hours, the Department shall have access to the facility
and the records for the purpose of enforcement of this chapter and
COMAR 10.06.01.
A.
Persons who violate the provision(s) of this chapter shall be served
with a notice to correct violations within the time specified therein.
B.
The County Health Officer may order person(s) who violate the provisions
of this chapter to cease tattooing pending correction of violations.
C.
The County Health Officer may deny, suspend or revoke any permit
provided for by this chapter for any establishment or artist who has
violated or is violating the provisions of this chapter. In addition,
the County Health Officer may deny, suspend or revoke any permit if
the Officer finds that an applicant or permittee:
D.
The County Health Officer may suspend or revoke a permit only after
a hearing. The County Health Officer shall notify the appropriate
party or parties in writing at least 10 working days prior to the
date set for the hearing. The written notice shall be served to the
party(ies) by certified mail or in person.
E.
Any person aggrieved by the decision or order of the County Health
Officer shall be informed that he/she has a right to appeal the decision
or order to an appropriate court pursuant to and in accordance with
the Maryland Rules of Procedure.
F.
A person who violates or fails to comply with any provision of this
chapter shall, upon conviction, be guilty of a misdemeanor and be
subject to up to 10 days in the Allegany County Detention and a fine
of $1,000. Each day in violation may constitute a separate offense.