As used in this chapter, the following terms shall have the
meanings indicated:
BODY ART
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.
BODY ART ESTABLISHMENT
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.
BODY PIERCING
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.
ESTABLISHMENT
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.
OPERATOR
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.
PERMANENT COSMETICS
The implanting of inert pigments, colors, and/or dyes intradermally
which results in permanent alteration of tissue to gain a cosmetic
effect.
PERMIT
Written approval by the Department of Health of the Borough
of Oradell to operate a body art establishment.
PRACTITIONER
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.
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.
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.
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.