[HISTORY: Adopted by the Board of Health of the Borough of
Oradell 2-12-2018 by Ord. No. 18-01. Amendments noted where applicable.]
A.
The Department of Health of the Borough of Oradell finds that the
regulation of body art establishments within the Borough of Oradell
is required in order to protect the public health, welfare and safety.
The purpose of this chapter is to establish a procedure for the proper
review and approval of plans for body art establishments and to require
the inspections and licensing of body art establishments by the Department
of Health of the Borough of Oradell in accordance with N.J.A.C. 8:27
et seq.
B.
Scope. This chapter shall govern any business that offers permanent
cosmetics to the public within the Borough of Oradell with the exception
of a physician who is authorized by the State Board of Medical Examiners
to practice medicine, pursuant to N.J.S.A. 45:9-6 et seq. All provisions
related to the practice of permanent cosmetics in N.J.A.C. 8:27 et
seq. are incorporated by reference.
As used in this chapter, the following terms shall have the
meanings indicated:
The practice of physical body adornment within a permitted
establishment located within the Borough of Oradell by an operator
providing permanent cosmetics only. Body art permitted within the
Borough shall not encompass other forms of tattooing or body piercing.
Any place or premises located within the Borough of Oradell,
whether public or private, temporary or permanent in nature or location,
where the practice of body art, whether or not for profit, is performed.
Puncturing or penetration of the skin of a person using pre-sterilized
single-use needles and the insertion of pre-sterilized or disinfected
jewelry or other adornment thereto in the opening.
The Department of Health of the Borough of Oradell.
A physical place of business, permanent in nature; includes
all areas used by a body art technician and clients, including, but
not limited to, treatment areas and waiting/reception area.
Includes the owner or the owner's designee having ownership,
control or custody of any place of business or employment and who
manages the day-to-day operations of the body art establishment.
The implanting of inert pigments, colors, and/or dyes intradermally
which results in permanent alteration of tissue to gain a cosmetic
effect.
Written approval by the Department of Health of the Borough
of Oradell to operate a body art establishment.
Any person who performs the practice of permanent cosmetics within the Borough of Oradell. Such practitioner will be certified in accordance with § 298-5C and have submitted an application for a New Jersey State permit in "Other & Permanent Cosmetics" only.
Wherever a term is not defined in this chapter, it is intended
to have the meaning set forth in N.J.A.C. 8:27-1.3. In the event of
conflict between the definition in this chapter and that contained
in said regulations, the definition in said regulations shall apply.
A.
No body art establishment shall be permitted to open or, in the event
such establishment is open at the time of adoption of this chapter,
continue to be open for operation until the Department of Health has
given formal approval by issuance of an appropriate license. This
license shall be renewed annually. The license period shall be from
January 1 to December 31 of each year. In the event that a license
is issued to become effective after July 1 of any calendar year, said
license shall expire on December 31 of that year.
(1)
The license shall be displayed in a conspicuous place on the premises
where it may readily be observed by all clients.
(2)
No person shall operate a body art establishment whose license has
been suspended.
(3)
Proof of professional malpractice liability insurance for each practitioner
shall be provided to the Department of Health as part of the initial
and renewal license.
(4)
Proof of receipt by the operator, and by any other person engaging
in body art, of the Hepatitis B vaccine series shall be provided to
the Department of Health as part of the initial and renewal license.
B.
Establishments in operation at the time of adoption of this chapter
shall be required to obtain a license within 30 days of the effective
date of this chapter. There shall be a late charge as hereinafter
set forth in the event that this subsection is violated or in the
event that a renewal license is not applied for within the month of
January.
C.
Licenses are not transferable.
A.
Any person desiring to construct, expand, alter, or operate a permanent
cosmetic establishment shall apply in writing on the forms prescribed
by the Department of Health for review and approval before such construction,
expansion, alteration or operation is begun. Such application shall
include the following information:
(1)
The applicant's legal name, home address and telephone number,
full business name, business address, post office address and telephone
number. The application shall also include whether the applicant is
an individual, partnership, firm or corporation. If the applicant
is a partnership, the names and addresses of the partners shall be
included on the application. If the applicant is a corporation, the
names and addresses of all corporate officers shall be included on
the application.
(2)
Plans and specifications shall illustrate the location of the proposed
establishment and a floor plan of the establishment as it is proposed
to be operated. An exact inventory of any equipment to be used shall
be included. Plans shall indicate the layout of the reception area,
the procedure areas, the cleaning and sterilization area, the storage
area and the toilet facilities.
(3)
A statement of approval from the municipal agency responsible for
the administration of planning and zoning ordinances if the application
includes either construction or expansion of the proposed body art
establishment.
(4)
A complete description of all services to be provided, the proposed
hours of operation, the name of the operator and the names of all
practitioners and their exact duties, a copy of the informed consent
for each procedure.
B.
A licensed establishment shall only permit those persons who have
successfully completed the forty-hour training program approved by
the Society of Permanent Cosmetics Professionals or the International
Micropigmentation Association to practice in the licensed establishment.
C.
Body art establishments within the Borough of Oradell shall operate
on a single-use/disposable basis only.
The Department of Health shall review the application for compliance
with all the provisions of N.J.A.C. 8:27-3.1 through 3.5 to include
the final plans, specifications, and reports, and shall either approve
or disapprove of the application, in writing, within 30 business days
from the date of submission to the Department of Health.
Persons denied approval shall be notified, in writing, by the
Department of Health. Such notice shall specify the reason(s) for
the action, and shall give the person(s) denied approval the opportunity
for a hearing before the Board of Health of the Borough of Oradell
within a reasonable time, not to exceed 15 business days from the
date the health authority denied approval of the application.
The fee for a license required pursuant to § 298-4 above shall be $150 per annum. The late charge for applying for any license more than 30 days after the renewal date shall be $50.
Facility license holders shall notify the Department of Health
by mail within five calendar days of a change in the following information:
A.
The business name or ownership;
B.
The area code and telephone number;
C.
An address change resulting from city or postal service action;
D.
License status, whether from active to inactive practice or from
inactive to active practice;
E.
Closure or sale of a facility; or
F.
A change in procedures or personnel.
A.
A person who violates a prohibition under this section shall be subject
to enforcement action pursuant to this chapter, Chapter 8 of the New
Jersey State Sanitary Code, civil penalties as provided by N.J.S.A.
26:1A-10 and all other applicable laws and/or injunctive action as
provided by law.
(1)
Implants under the skin shall not be performed in a body art establishment.
(2)
Scarification such as branding and cutting shall not be performed
in a body art establishment.
(3)
No person shall perform any body piercing.
(4)
No permanent cosmetics shall be applied to any person under 18 years
of age, regardless of parental consent.
(5)
No person shall practice or attempt to practice body art in an unlicensed
facility.
(6)
No person shall operate a facility unless it is at all times under
the direct supervision of an operator.
(7)
No person shall display a sign or in any way advertise or purport
to be a body art practitioner or to be engaged in the business of
body art in the Borough of Oradell without first obtaining a license
for the facility from the Department of Health.
Each practitioner shall maintain current professional malpractice
liability insurance.
The Department of Health shall inspect every body art establishment
as often as the Department of Health deems necessary using an inspection
report form approved by the New Jersey Department of Health.
A.
A representative of the Department of Health shall provide proper
identification.
B.
The operator shall permit access to all parts of the establishment,
and all pertinent records required for the inspection shall be made
available to the Department of Health representative for review.
C.
An inspection report shall identify in a narrative form any violations
of N.J.A.C. 8:27-1 et seq. and shall be cross-referenced to the section
of the regulations being violated.
D.
Results of the inspection shall be made available to the public upon
request.
A.
The approval or license of any person to operate a body art establishment
may be suspended at any time, when in the opinion of the Department
of Health such action is necessary to abate a present or threatened
menace to the public health.
B.
The following shall be reason(s) for closure:
(1)
Unsanitary or unsafe conditions, as determined by a County Sanitarian
or designee, which may adversely impact the health of the public;
(2)
The Department of Health has reasonable cause to suspect that a communicable
disease is, or may be, transmitted by an operator/practitioner.
(3)
The practitioner(s) has demonstrated gross incompetence in performing
micropigmentation;
(4)
The owner obtained or attempted to obtain a license by means of fraud,
misrepresentation or concealment;
(5)
The owner or practitioner(s) has been convicted in this or any other
state of a crime directly related to the practice of tattooing or
micropigmentation.
(6)
The owner or practitioner(s) has permitted a piercing within the
Borough.
(7)
The establishment repeatedly has critical violations, such as, but
not limited to, untrained personnel, unsanitary conditions, use of
unauthorized equipment, or employing improper procedures which could
result in transmitting of infection or disease.
(8)
Personnel performing such body art procedures do not possess the
required training in accord with N.J.A.C. 8:27-1 et seq.
(9)
Failure by the practitioner to report to the Oradell Health Department
any known, suspected or consumer-reported infections and/or injuries
within three days.
C.
The following shall be cause for a suspension of a minimum of seven
days:
(1)
Failure to report to the Department of Health within 24 hours any
infection or injury requiring medical referral;
(2)
Performing body art procedures on any person under the age of 18
years of age.
(3)
Performing body art outside the scope of this chapter, i.e., other
forms of tattooing and/or piercing.
The Department of Health is authorized to administer the provisions
of this chapter. The provisions of this chapter shall be enforced
by the Department of Health or any other individual designated by
the Department of Health.
Any person who shall violate any provision of this chapter or
who shall refuse to comply with a lawful order or directive of the
Department of Health shall be liable for penalties as provided by
N.J.S.A. 26:1A-10 and all other applicable laws and/or injunctive
action as provided by law.
