[Ord. 1283, 7/9/1990, Section 1; amended by Ord. 1471, 7/18/1995,
Section 1; Ord. 1742, 4/7/2003, Section 1; Ord. 1922, 1/12/2009, Section
1]
For the purposes of this ordinance, the following words and
phrases shall have the meanings respectively ascribed to them by this
section:
BODY PIERCING
Perforating the skin for the express intention of insertion
of any object including, but not limited to, jewelry; provided, however,
that the piercing of the ears shall be specifically excluded from
the purview of this ordinance.
BRANDING
The process whereby heat is intentionally applied to the
flesh of a person such that it burns the skin and forms a permanent
scar. This includes, but is not limited to, hot metal, electric current,
and chemicals. For the purposes of this ordinance, this term shall
only apply to people and not to animals.
DEPARTMENT
The State College Department of Ordinance Enforcement and
Public Health.
ESTABLISHMENT
Any place where an operator performs or practices the art
of tattooing and/or body piercing.
HEALTH OFFICER
The Health Officer of the State College Department of Ordinance
Enforcement and Public Health, or representative.
OPERATOR
Any individual, 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.
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.
TEMPORARY TATTOO VENDOR
Any person who shall engage in a temporary retail business
as defined in the term "Operator" and such vendor does not have a
permanent, physical tattoo establishment address within the Municipality.
A tattoo vendor shall be considered "temporary" when such
vendor is not located within the Municipality with the intent to remain
in business indefinitely. The lease or use of a location whether public
or private for any period of time less than six months shall create
a presumption that such business is temporary, however such presumption
may be rebutted by facts which establish the intent to remain in business
indefinitely. The term shall not include guest tattoo and/or body
piercing artists which are sponsored by a licensed establishment within
the Municipality. Guest artists shall only operate from the sponsoring
operator's establishment and shall comply with all applicable health
provisions contained within this ordinance.
[Ord. 1283, 7/9/1990, Sections 2, 3, 5, 6 and 7; amended
by Ord. 1471, 7/18/1995, Section 2; Ord. 1742, 4/7/2003, Section 2;
Ord. 1914, 12/15/2008, Section 12.; Ord. 1922, 1/12/2009, Section
1]
a. Required. It shall be unlawful for any person to engage in the business
of operating a tattoo and/or body piercing establishment without first
obtaining a license to engage in such business, in accordance with
the provisions of this ordinance and unless abiding by the provisions
hereof. Operators of a licensed establishment shall not perform tattoo
and/or body piercing services outside the establishment premises within
the Municipality.
b. Application For. Applicants for a license under this ordinance shall
submit to the Department a written application containing such data
as required by the State College Board of Health.
c. Fee; Expiration. Each applicant, before being granted a license,
shall pay to the Borough of State College a non-refundable annual
fee, which will be set by Borough Council by resolution. A license
hereunder shall have a life or term of one year beginning April 1,
and expiring March 31, the following year for each tattoo and or body
piercing establishment. Licensees who pay their required fee after
90 days of the license fee notice shall be charged a penalty of 20%
in addition to the license fee.
d. Display Of. The license provided for in this ordinance shall be posted
conspicuously at the location where the applicant conducts the tattooing.
e. Transferability. If the licensee moves his or her tattooing and/or body piercing business to another location within the Borough of State College, the license may be transferred to such new location upon application to the Department giving the street and number of the new location. The new location shall first be approved by the Department in the same manner as provided in §
9-603 of this chapter. However, a license is not transferable to any operator other than the applicant.
f. Branding. The process of branding shall be prohibited within the
Municipality.
g. Temporary Tattoo Vendors. Temporary tattoo vendors shall not be permitted,
at any time, to operate an establishment within the Municipality which
performs or practices the art of tattooing and/or body piercing.
[Ord. 1283, 7/9/1990, Sections 4 and 15; amended by Ord.
1471, 7/18/1995, Section 3; Ord. 1922, 1/12/2009, Section 1]
The Department may conduct periodic inspections of any tattooing
and/or body piercing establishment for the purpose of determining
whether or not said establishment and the persons performing tattooing
and/or body piercing therein are in compliance with all applicable
health provisions contained within this ordinance. It shall be unlawful
for any person or operator of a tattooing and/or body piercing establishment
to willfully prevent or restrain a member of the Department from entering
any licensed establishment where tattooing and/or body piercing is
being performed for the purpose of inspecting said premises after
proper identification is presented to the operator.
a. Reinspection Fee. Whenever an establishment shall require more than
one reinspection, a charge of $50 per reinspection for each and every
reinspection following the initial reinspection shall be levied.
[Ord. 1283, 7/9/1990, Sections 8, 9, 10, 11, 12 13, 14 and
16; amended by Ord. 1437, 4/4/1994, Sections 1 and 2; Ord. 1471, 7/18/1995,
Section 604; Ord. 1742, 4/7/2003, Section 3; Ord. 1922, 1/12/2009,
Section 1]
a. Facilities and Equipment.
(1)
The room in which tattooing 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).
(2)
A toilet shall be located in the establishment and shall be
accessible at all times when the tattooing and/or body piercing establishment
is open for business. The lavatories shall be supplied with hot and
cold running water, liquid soap, and single-use towels provided in
approved dispensers, and shall be located in all toilet rooms and
in each room where tattooing and/or body piercing is performed.
(3)
The entire premises and equipment shall be maintained in a clean,
sanitary condition and in good repair. During the period of May 15
to October 1, every door, window and other outside opening shall be
kept closed or shall be supplied with air curtains or tightly fitting
screens which are not torn or damaged in a way that may allow insect
infestation into the establishment.
(4)
The telephone numbers of local emergency medical services and
local police shall be prominently posted at the main telephone: (Emergency:
Dial 911).
(5)
All pigments, dyes, colors, etc., used in tattooing shall be
free from bacteria, virus particles, noxious agents, and substances.
The stencil, unless composed of acetate, shall be of a single use.
If acetate stencils are used, they shall be washed and disinfected
between uses. Designs drawn directly onto the skin shall be applied
with a single use article only. All bandages and surgical dressings
used in connection with the tattooing and/or body piercing of a person
shall be sterile, and absorbent.
(6)
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 panel or counter at least four feet high.
(7)
A new, disposable, single-service safety razor shall be used
for each customer or patron as required by the Department. All other
sharps, including needles and tubes, shall be of single-use and sterilized
in an approved manner as required by the Department before use on
each customer or patron.
(8)
The needles, tubes and instruments required to be sterilized
shall be so used, handled, and temporarily placed during tattooing
and/or body piercing so that they are not contaminated. Non-disposable
and non-autoclaveable items such as; machines, countertops, wash bottles,
clip cords, knobs, lamp handles, procedure tables and arm and leg
rests shall be equipped with a disposable poly barrier or sleeve.
New barriers and sleeves shall be used for each client.
(9)
All clean and ready-to-use needles, tubes and instruments shall
be kept in a closed glass, metal case, or storage cabinet while not
in use. Such cabinet shall be maintained in a sanitary manner at all
times.
(10)
Single-service or individual containers of dye or ink shall
be used for each patron, and the container thereof shall be discarded
immediately after completing work on a patron. 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, gauze or a disposable paper towel or 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 and saturated with an antiseptic soap solution
approved by the Department. The tattooed area shall be allowed to
dry and bandaged with a sterile, absorbent bandage if necessary.
(11)
A steam sterilizer (autoclave) shall be provided within the
establishment for sterilizing needles, tubes and similar instruments
before use on any customer, person or patron. Sterilization of equipment
shall be accomplished by exposure to steam for at least 30 minutes
at a minimum pressure of 15 pounds per square inch, temperature of
260° F. The autoclave shall be provided with a thermometer reading
+ 2° accuracy, and an accurate steam pressure gauge. Autoclave
effectiveness shall be validated by regular monthly spore testing
and conducted by a laboratory approved by the Department. Record of
such testing shall be kept on the premises for a period of three years.
Each month the operator of the tattoo establishment shall be responsible
for providing a copy of the spore testing result to the State College
Department of Ordinance Enforcement and Public Health. A Class 5 steam
sterilization integrator shall be used in all loads to be sterilized
and shall be numbered so as to correspond with the lot number of the
sterilized contents. Sterile packaged instruments shall be marked
with a lot number and a log book shall be kept tracking; the date
of processing, contents, temperature, time, integrator result, spore
test result, and name of person responsible for processing. Alternate
sterilizing procedures may only be used when specifically instructed
by the manufacturer of the sterilizing equipment and approved by the
Department. A copy of the instructions from the manufacturer shall
be maintained on site at all times. Use of manufacturer pre-sterilized
needles, tubes and similar instruments shall be permitted and record
of these items shall be kept on the premises for a period of three
years. Lot numbers shall be marked on each pre-sterilized item and
a log book shall be kept tracking; the manufacturer name, item description,
date received, and expiration date (if any).
(12)
All instruments that are processed by sterilization must first
be cleaned.
(13)
All body piercing jewelry shall be made of high quality stainless
steel, gold, inert plastics, or other approved materials found to
be safe for use in body piercing. Jewelry to be inserted shall be
sterilized prior to insertion at the piercing site. All receiving
corks used in body piercing shall be discarded after each use.
(14)
Needles and all other sharp instruments along with gloves, gauze
and other materials contaminated with blood shall be discarded by
following the procedures of a reputable waste services company which
collects, transports and disposes infectious waste and is approved
by the Department. Infectious waste disposal shall occur at least
once during a calendar year and record of such disposal shall be kept
on the premises for period of three years. Operators of a tattoo and
or body piercing establishment shall not store needles and other infectious
waste materials on the premises for more than one year.
b. Operations and Establishment Personnel.
(1)
The operator shall scrub his/her hands thoroughly with soap
and hot water before starting to tattoo and/or body pierce; the hands
shall be dried with individual, single-use towels. Clean surgical
gloves (latex or nitrile) shall be worn by the operator when tattooing
and/or body piercing. Gloves shall be used only once and then disposed
of in a manner as prescribed by the Department. Gloves shall be changed
and properly disposed of each time there is an interruption of the
tattoo and or body jewel piercing procedure, when the gloves become
torn or punctured, or whenever the ability to function as a barrier
is compromised.
(2)
No establishment employees with skin infections, open sores,
and/or weeping dermatological lesions shall work in a tattoo and/or
body piercing establishment until documentation is provided from a
licensed physician indicating that the condition is no longer communicable
or transmissible.
(3)
Establishment employees are prohibited from providing services
or working in a facility while having an acute respiratory infection
or other disease or condition which has been diagnosed to be in a
communicable or transmissible condition. Documentation from a licensed
physician indicating that the condition is no longer communicable
or transmissible is required before returning to work.
(4)
Prior to the procedure, the area to be tattooed and/or body
pierced (external) shall be thoroughly scrubbed with an antiseptic
soap or surgical scrub or preparation adhering to manufacturer guidelines
for use of the specific product. Any oral skin piercing procedure
shall be preceded by the client performing not less than one minute,
vigorous application of an antiseptic mouth-wash. Waste materials
shall be deposited in an easily-cleanable, covered waste container
provided in the work area.
(5)
In addition to surgical gloves, personnel shall wear protective
eye wear and a fluid- resistant mask when performing services if necessary
for the procedure.
(6)
Only petroleum jelly or antibiotic ointment as approved by the
Department shall be used on the area to be tattooed and/or body pierced,
and it shall be applied with sterile gauze.
(7)
The use of styptic pencils, alum blocks, or other solid styptics
to check the flow of blood is prohibited.
(8)
No establishment licensed under this ordinance shall attempt
to remove a tattoo from any person or allow such a procedure to take
place on its premises.
(9)
Animals shall not be permitted in the tattooing establishment,
except where permitted by state law. Animals are not to be tattooed
in tattooing establishments.
(10)
Ear piercing guns shall not be used for body piercing but may
only be used for piercing ear lobes.
(11)
Operators of tattoo, and/or body piercing establishments shall
complete an approved course on the control of and prevention of blood-borne
diseases prior to opening for business. Existing licensed tattoo and/or
body piercing establishments shall have three months after the effective
date of this amendment to comply.
c. Clients.
(1)
No holder of a license hereunder, or the employee of such holder
shall tattoo and/or body pierce any person under the age of 18 years
without first obtaining a written parental authorization. The parent
or guardian of such person shall be present at the time of the procedure.
All parental authorizations shall be maintained on file and be available
for inspection for a period of seven years.
(2)
No tattooing and/or body piercing shall be done on a skin surface
that has a rash, pimples, boils, infections, or manifests any evidence
of unhealthy conditions.
(3)
Licensed establishment personnel shall refuse service to any
person who is under the influence of alcohol or drugs.
(4)
After-care instructions shall be provided to each client following
any procedure. After-care shall consist of both verbal and written
instructions concerning the proper care of the body area involved
and instruction to consult a physician if infection occurs.
(5)
Each client shall complete an application prior to any procedure.
The application shall include, at a minimum, the client's name, date
of birth, proof of age, address, telephone number, procedure performed,
date of procedure, name of employee providing service, and, if a minor,
then proof of parental or guardian consent and client's signature.
All applications shall be retained for a minimum of three years and
made available upon request to the Department.
d. Administration. In order to carry out the intent of this ordinance,
the State College 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
ordinance.
[Ord. 1283, 7/9/1990, Section 17; amended by Ord. 1437, 4/4/1994,
Section 3; Ord. 1471, 7/18/1995, Section 605; Ord. 1922, 1/12/2009,
Section 1]
a. A Tattoo and/or Body Piercing Establishment License may be suspended
or revoked by the Department upon the occurrence of any of the following
events:
(1)
The application for such License contained a false statement(s);
(2)
The Operator has violated the provisions of this ordinance;
and/or
(3)
The Operator is convicted and pleads guilty or nolo contendere
to an offense listed under the Pennsylvania Crimes Code relating to
the conduct of business in the tattoo establishment.
b. The Department shall serve the tattoo and/or body piercing establishment
with written notice of said suspension or revocation, specifying the
reasons therefore, before said suspension or revocation shall become
effective. Service of said notice shall be deemed effective if delivered
to the person in apparent charge of the tattoo and/or body piercing
establishment.
c. The tattoo establishment shall have the right to a hearing on said
suspension or revocation, which hearing shall be held before the Board
of Health within 10 days after the service of the notice of such suspension
or revocation, whether or not the suspension or revocation was effective
immediately. The Board of Health shall uphold, reverse or modify such
suspension or revocation.
[Ord. 1283, 7/9/1990, Section 18; amended by Ord. 1922, 1/12/2009,
Section 1]
In addition to the revocation and suspension of any license,
as provided in this ordinance, any operator or other person who shall
violate any provision of this ordinance shall, upon conviction be
subject to a fine of not less than $100 nor more than $600 and costs
of the action. In default of payment of such fine and costs, such
person may be sentenced and committed to the Centre County prison
for a period not exceeding 30 days. Each day that a violation exists
shall constitute a separate violation.