Borough of Folcroft, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Folcroft Ord. No. 938 (Ch. 13, Part 5, of the 2006 Code of Ordinances). Amendments noted where applicable.]
For purposes of this chapter, the following words shall have the following meanings:
BODY PIERCING
The technique whereby various body parts are pierced for the express intention of the insertion of any object including, but not limited to, jewelry.
BODY PIERCING LICENSE
Written approval from the Health Officer, or his authorized representative, that said body piercing establishment has been inspected and meets all the terms of this chapter relating to physical facilities, equipment and layout for operation of such business.
EMPLOYEE
Any person who renders any service in connection with the operation of a body piercing establishment and receives compensation from the operator of the business or its patrons.
OPERATOR
Any individual, firm, corporation or association that owns or operates an establishment where body piercing is performed.
PATRON
Any person receiving a piercing on his or her body as a personal service in return for compensation.
PHYSICIAN
Any person authorized to practice medicine pursuant to the laws of the State of Pennsylvania.
[Amended 11-21-2006 by Ord. No. 990]
It shall be unlawful for any person to engage in the business of operation a body piercing establishment without first obtaining a body piercing license to engage in such business in accordance with the provisions hereof:
A. 
Application procedure. Applications for a body piercing license shall be provided by the Borough Health Officer. Upon receiving a completed application for a body piercing license, the Borough Health Officer shall conduct an inspection of the premises and shall issue a license only upon the operator's full compliance with the provisions of this chapter. The body piercing license shall be valid for one year, and an inspection of the premises shall be required for each renewal term. Body piercing is permitted at the same location as tattooing, provided that a special license for each activity has been obtained from the Borough of Folcroft.
B. 
Application fee. A fee in an amount as established from time to time by resolution of Borough Council shall be required of each applicant for a body piercing license, as well as to renew said body piercing license.
C. 
Contents of application. Applications for body piercing licenses shall include the following:
(1) 
The name, address and telephone number of the owner of the establishment.
(2) 
The name, address and telephone number of the establishment, if it is different from that of the owner.
(3) 
The hours of operation of the establishment.
(4) 
The number of booths, stalls or tables devoted to body piercing.
(5) 
Any other commercial activities that will occur on the premises.
A. 
The regulations contained in this chapter shall not apply to physicians licensed to practice medicine in the Commonwealth of Pennsylvania and those they directly supervise as part of their practice.
B. 
The regulations in this chapter shall not apply to those novelty or jewelry stores in the business of ear piercing with the use of a piercing gun. These establishments shall use proper procedures and sanitization practices as required by all federal and state laws applicable to the practice of piercing. These establishments shall be prohibited from performing body piercing on parts of the body other than ears without satisfying all of the requirements of this chapter.
A. 
Any person engaged in the process of body piercing, as described and restricted in this chapter, shall meet the operating standard of tattoo establishments as they apply to body piercing.
B. 
All piercing needles, stainless steel expanders, jewelry and other equipment used in the piercing process shall be sterilized.
C. 
The jewelry inserted in a piercing should be composed of gold, surgical stainless steel or niobium, a composite metal formed from oxides of the stainless steel production process.
A. 
When it is necessary to shave the area to be pierced, a new disposable razor for each patron shall be used. The common use of shaving mugs and shaving brushes is prohibited.
B. 
After shaving the area to be pierced, or if the area does not need to be shaved, the site of the piercing shall be washed with soap and water, rinsed with clean water and a germicidal solution applied in a sanitary manner. Only sterile individual towels and applicators shall be used to prepare and cleanse the site of the piercing.
C. 
Only instruments and equipment that have been properly cleaned and sterilized prior to use shall be used during the piercing process.
D. 
The person doing the piercing shall wear clean clothes or a lab coat. Surgical gloves shall be worn during the piercing and shall be changed for each patron.
E. 
There shall be no smoking, eating or drinking in the operating room during the piercing process.
A. 
Written instructions approved by the Health Officer shall be given to each patron on the care of the piercing site to prevent infection after the piercing. A copy of these instructions shall also be posted in a conspicuous place in the piercing establishment, clearly visible to persons being pierced.
B. 
All infections resulting from the practice of body piercing which become known to the operator and/or employee of a body piercing establishment shall be reported to the Health Officer by the operator immediately.
A. 
No person, except a duly licensed physician, shall practice body piercing in any place other than in a body piercing establishment for which a license under this chapter has been issued.
B. 
It shall be unlawful to perform any body piercing on any individual who is under the influence of drugs or alcohol or appears to be under the influence of drugs or alcohol.
C. 
No body piercing, except ears, shall be done on any person under the age of 18 without the presence of a parent or guardian. Said parent or guardian shall sign a permission form. These forms shall be generated by the establishment and approved by the Health Officer. Such written consent shall be kept on file for a period of two years.
D. 
No body piercing shall be done by any person under the age of 18.
E. 
No person with any disease in a communicable form or suspected of having such disease shall be engage in body piercing. Such diseases may include, but shall not be limited to, influenza, tuberculosis, HIV, scabies, impetigo, syphilis, chicken pox, measles (rubeola), German measles (rubella), mumps, whooping cough, hepatitis, infection on hands or arms, jaundice of the skin or sclera. The Health Officer may require a certificate signed by a duly licensed physician stating that said person is free from communicable diseases before permission to resume operation is granted.
F. 
A medical history shall be taken of every customer. It shall be unlawful to body pierce any person revealing a recent history of influenza, tuberculosis, HIV, scabies, impetigo, syphilis, chicken pox, measles (rubeola), German measles (rubella), mumps, whooping cough, hepatitis, infection on hands or arms, jaundice of the skin or sclera.
[Amended 11-21-2006 by Ord. No. 990]
Any tattoo establishment and/or body piercing establishment licensed to operate in the Borough of Folcroft and found to be in noncompliance with any requirements of this chapter may have his or her license suspended by the Health Officer or his or her duly appointed agent at the time of inspection:
A. 
A first offense suspension shall be for a period of 48 hours or until such time as the issues of noncompliance are brought into compliance, whichever is longer. A reinspection fee in an amount as established from time to time by resolution of Borough Council shall be changed in the event of noncompliance.
B. 
Any licensed tattoo or body piercing establishment found to be in noncompliance with this chapter for a second offense shall, in addition to the penalties listed in Subsection A, be subject to a suspension of the license for 48 hours or until such time as the issues of noncompliance are brought into compliance, whichever is longer. A reinspection fee in an amount as established from time to time by resolution of Borough Council shall be charged in the event of noncompliance.
C. 
An aggrieved party may appeal the decision of the Health Officer to suspend a license within 10 days of the suspension in writing to the Borough Council with a request for a public hearing.
[Added 11-21-2006 by Ord. No. 990]
Any proposed business listed in this chapter must obtain a zoning compliance letter or declaration from the Zoning Officer prior to operation.