[HISTORY: Adopted by the Albany County Legislature 9-28-1999 by L.L. No. 4-1999. Amendments noted where applicable.]
This Legislature finds that the practice of tattooing and body
piercing involves the alteration or penetration of the skin, which,
if done improperly, can lead to potential health risks. Therefore,
the purpose of this chapter, pursuant to the County's exercise of
its inherent power to protect the public health, safety and general
welfare of its citizens, is to establish County-wide minimum standards
for the regulation of tattoo and/or body piercing shops in municipalities
within Albany County which are not requiring tattoo shops or body
piercing shops to comply with the requirements herein and in municipalities
with less stringent standards regulating tattoo shops or body piercing
shops than are established by this chapter. The promulgation of such
County-wide minimum standards shall not be construed as authorizing
the practice of tattooing or body piercing in any locality within
Albany County where such practice may be currently banned.
The following words and phrases, as used in this chapter, shall
have the indicated meanings:
The tattoo and/or body piercing shop is so illuminated as
to permit all tattooing and/or body piercing to be clearly visible
without obstruction by shadow or darkness.
A free and unrestricted circulation of fresh air throughout
the tattoo and/or body piercing shop and the expulsion of foul or
stagnant air.
To cut or pass through with a sharp instrument, or to penetrate
a part of the body other than the ear for the purpose of applying
jewelry for compensation to various parts of the body by means of
a piercing device. If the body piercing is offered in conjunction
with the sale of jewelry actually being used in connection with the
body piercing, then that service shall be deemed to have been provided
for compensation.
The Albany County Department of Health.
The Albany County Commissioner of Health or his/her designee.
Any person under the age of 18 years.
Any device used for the piercing of the skin for the purpose
of applying jewelry or other objects to the body.
The issuance of a document by the Health Officer to a tattoo
and/or body piercing shop certifying that said shop, after inspection,
was found to be in compliance with the applicable provisions of this
chapter.
Products or items that are intended for one-time, one-person
use and are disposed of after use on each patron, including, but not
limited to, cotton swabs or balls, tissues or paper products, paper
cups, gauze and sanitary coverings, razors, piercing needles, scalpel
blades, stencils, ink cups and protective gloves.
To mark or color the skin by pricking in coloring matter
so as to form indelible marks or figures or by the production of scars.
Any person who actually performs the work of tattooing and/or
body piercing.
The issuance by the Health Officer of a written instrument
authorizing the person named therein to engage in the practice of
tattooing and/or body piercing or to act as a tattoo and/or body piercing
artist.
Any person who controls, operates, conducts or manages any
tattoo and/or body piercing shop, whether actually performing the
work of tattooing or body piercing or not.
Any room or space where tattooing or body piercing is practiced
or where the business of tattooing or body piercing is conducted or
any part thereof.
A.
No person except a duly licensed physician shall engage in the practice
of tattooing or body piercing or act as a tattoo and/or body piercing
artist unless such person has a tattoo and/or body piercing artist
certification issued by the Health Officer on a form prescribed by
the Department. The applicant shall pay a reasonable fee as set by
the Department for each tattoo and/or body piercing artist certification.
Individuals who pierce only the outer perimeter and lobe of the ear
using a pre-sterilized single-use stud-and-clasp ear piercing system
are exempt from the requirements of this chapter. Individuals who
use ear piercing systems must conform to the manufacturer's directions
on the use and applicable U.S. Food and Drug Administration requirements.
The Department shall have the authority to investigate consumer complaints
relating to alleged misuse or improper disinfection of ear piercing
systems.
B.
No holder of any shop certificate of sanitation issued under this
chapter shall allow a tattoo and/or body piercing artist to perform
in such tattoo and/or body piercing shop unless such tattoo and/or
body piercing artist is a holder of a valid tattoo and/or body piercing
artist certification issued under this section.
C.
Any person desiring to engage in tattooing or body piercing or act
as a tattoo and/or body piercing artist shall submit an application
for a tattoo and/or body piercing artist certification to the Health
Officer in the form prescribed by the Department.
D.
Each applicant shall be required to take and pass an examination
prescribed by the Department before an initial tattoo and/or body
piercing artist certification will be issued.
E.
The applicant shall be required to demonstrate, by examination, knowledge
of the provisions of this chapter, including those relating to aseptic
technique designed to prevent the spread of infection and contagious
disease by tattooing or body piercing practices.
F.
Records of all such certifications shall be kept on file by the holder
of the shop certificate of sanitation for the tattoo and/or body piercing
shop employing the person to whom a certification as a tattoo and/or
body piercing artist has been issued.
G.
A tattoo and/or body piercing artist certification shall expire on
December 31 of each year, renewable annually in December for the period
next commencing January 1.
A.
No person shall operate a tattoo and/or body piercing shop unless
such person has registered such shop with the Health Officer and has
received a shop certificate of sanitation from the Health Officer
on a form prescribed by the Department. The applicant shall pay a
reasonable fee as set by the Department for each shop certificate
of sanitation.
B.
No shop certificate of sanitation shall be issued or renewed unless
the shop has been inspected and found to be in compliance with the
applicable provisions of this chapter.
C.
The shop certificate of sanitation shall expire on December 31 of
each year, renewable annually in December for the period next commencing
January 1.
A.
Tattoo and body piercing shops must have adequate light and ventilation
and all walls and ceilings shall be smooth and easily cleaned. Walls
and ceilings are to be painted a light color.
B.
The floor of the tattoo and/or body piercing shop shall be of impervious
material. The floor shall be swept and wet mopped daily. Floors, walls
or ceilings shall not be swept or cleaned while tattooing or body
piercing is in operation.
C.
Convenient, clean and sanitary toilet and hand-washing facilities
with hot and cold running water with soap and single -use towels or
hand-drying devices shall be made accessible to customers.
D.
The tattoo and/or body piercing operator shall provide for the proper
and safe disposal of all types of waste products.
E.
The building and equipment shall be maintained in a state of good
repair at all times. The shop premises shall be kept clean, neat and
free of litter and rubbish.
A.
Each tattoo and/or body piercing shop shall have a work room separate
and apart from a waiting room or any room or rooms used as such. The
work room shall not be used as a corridor for access to other rooms.
Patrons or customers shall be tattooed and/or body pierced only in
said work room.
B.
The work room shall be equipped with hot and cold running water and
necessary sinks and basins.
C.
The sinks or basins shall be for the exclusive use of the tattoo
and/or body piercing artist for washing hands and preparing customers
for tattooing or body piercing. They shall be equipped with wrist-action
controls, soap, a United States Environmental Protection Agency (EPA)
approved or hospital-grade germicidal solution, individual hand brushes
and fingernail files for each tattoo and/or body piercing artist.
D.
The tattoo and/or body piercing artist's hands shall be washed and
then dried by individual paper towel, napkin or mechanical means.
In addition, disposable gloves shall be worn.
E.
Cabinets for the storage of instruments, dyes, pigments, carbon and
stencils shall be provided for each tattoo and/or body piercing artist
and shall be maintained in a sanitary manner.
F.
Work tables shall be provided for each tattoo and/or body piercing
artist. The surface of all work tables shall be constructed of metal
or other material which is smooth, light-colored, nonabsorbent, corrosive-resistant
and easily sanitized.
G.
Certified tattoo and/or body piercing artists may not set up temporary
facilities at fairs, festivals or expositions unless written approval
is obtained from the Health Officer.
H.
Smoking and the consumption of alcoholic beverages are prohibited
in the work room.
A.
For each patron, proper records of tattoos and/or body piercings
administered shall be maintained by the holder of a shop certificate
of sanitation.
B.
A record of each patron shall be prepared prior to any procedure
being performed and shall include the patron's name, signature, address,
age, the date tattooed or body pierced, the design of the tattoo,
if applicable, the location of the tattoo and/or body piercing on
the patron's body, and the name of the tattoo and/or body piercing
artist who performed the work.
C.
The records shall be entered in ink or indelible pencil in a bound
book kept solely for this purpose. This book shall be available at
a reasonable time for examination by the Health Officer and shall
be preserved for at least three years from the date of the last entry
therein. The signature of the patron shall be in the bound book record.
D.
Before tattoo and/or body piercing administration, there shall be
a discussion conducted with the patron on the risks involved in the
tattoo and/or body piercing requested, and its possible complications.
The patron shall fill out and sign an information form as prescribed
by the Department. One copy of each form shall be retained at the
tattoo and/or body piercing shop and the other copy shall be given
to the patron. The tattoo and/or body piercing artist must also explain
aftercare instructions and have the patron initial the consent form
to indicate that he/she has received written aftercare instructions.
A.
Written consent for tattooing or body piercing of minors, when legally
permissible, shall be obtained from at least one parent or legal guardian.
The writing shall be notarized and filed in person at the tattoo and/or
body piercing shop. Proof of age shall be determined upon presentation
of two forms of valid identification. Valid identification shall include:
a picture driver's license, picture sheriff's identification or birth
certificate.
B.
The records of the written consents shall be kept on file for three
years by the holder of the shop certificate of sanitation for the
tattoo and/or body piercing shop in which the tattooing and/or body
piercing was performed.
A.
There shall be printed or mimeographed instructions, as approved
by the Department, given to each patron or customer on the care of
the skin after tattooing or body piercing as a precaution to prevent
infection.
B.
A tattoo and/or body piercing artist shall not tattoo and/or body
pierce any person who is under the apparent influence of drugs or
intoxicating liquor.
C.
Each tattoo and/or body piercing artist must wear a clean outer garment.
D.
Tattoo and/or body piercing artists who are experiencing symptoms
such as diarrhea, vomiting, fever, rash, productive cough, jaundice
or draining (or open) skin infections such as boils, impetigo or scabies
must refrain from tattooing or body piercing activities.
E.
The Health Officer may require from a tattoo and/or body piercing
artist found to have any disease in communicable form, or suspected
of having such a disease, a certificate signed by a duly licensed
physician stating that the person is free from communicable diseases
before permission to resume operation as a tattoo and/or body piercing
artist is granted.
F.
Before working on each patron, the fingernails of the tattoo and/or
body piercing artist shall be cleaned with an individual nail file
and the hands thoroughly washed and scrubbed with hot running water,
soap and an individual hand brush.
G.
The tattoo and/or body piercing artist's hands shall be dried only
with the use of a disposable towel or other mechanical means.
H.
When necessary to shave the area to be tattooed or body pierced,
only single-use sterilized and disposable safety razors shall be used.
I.
Following the cleaning and shaving of the patron's skin, the hands of the tattoo and/or body piercing artist shall again be washed and scrubbed as required by Subsection G of this section. Disposable gloves shall then be worn by the tattoo and/or body piercing artist.
J.
Before placing the design on the patron's skin or penetrating the
patron's skin, the tattoo and/or body piercing artist shall treat
the skin area with an EPA-approved or hospital-grade germicidal solution,
which shall be applied with sterile cotton or sterile gauze. Only
sterile petroleum jelly (petrolatum) shall be applied to the area
to be tattooed or body pierced and only from single-use collapsible
metal or plastic tubes. The application may be spread by the use of
sterile gauze but not directly with the fingers.
K.
The use of single-use tissue and sterile hectographic stencils shall
be required for applying a tattoo outline on the skin. Multi-use stencils
shall be prohibited. If drawn freehand, nontoxic markers or other
devices as approved by the Department shall be used.
A.
In preparing nontoxic dyes or pigments to be used by a tattoo artist,
only nontoxic or sterile material shall be used. Single-use or individual
portions of dyes or pigments in clean, sterilized individual containers
or single-use containers must be used for each patron.
B.
After tattooing, the remaining unused dye or pigment in the single-use
or individual containers must be properly discarded.
C.
All dyes or pigments used in tattooing shall be from batches certified
by the Federal Food and Drug Administration. (For informational purposes,
see the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301
et seq.)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
A set of individual, single-use disposable sterilized needles shall
be used by a tattoo and/or body piercing artist for each new patron.
B.
Sterilization of equipment and devices as required by the Health
Officer shall be accomplished by holding in an autoclave for 30 minutes
at 15 pounds pressure at a temperature of 250° F. or 121°
C.
C.
As determined by the Health Officer, equipment and devices may be
sterilized by using dry heat sterilization accomplished by 320°
F. (160° C.) for not less than one hour under atmospheric pressure
after the sterilizer has reached the required temperature.
D.
Equipment and devices which are unable to be sterilized in an autoclave
or via dry heat sterilization shall be cleaned and sterilized with
an EPA-approved or hospital-grade germicidal solution before each
use.
A.
The completed tattoo and/or body piercing shall be washed with a
piece of sterile gauze or sterile cotton saturated with an EPA-approved
or hospital-grade germicidal solution from a single-use container.
It shall be allowed to air dry.
B.
After drying, antibacterial ointment shall be applied from a collapsible
metal or plastic tube and the entire area covered with a piece of
sterile gauze, which may, in turn, be covered with a piece of tissue
and fastened to the site with adhesive tape.
The Albany County Department of Health is hereby authorized
to promulgate such rules and regulations necessary to ensure compliance
with this chapter. The Health Officer is hereby vested with the authority
to enforce the provisions of this chapter. If the Health Officer determines,
after a hearing conducted pursuant to the provisions of the Albany
County Sanitary Code, that a violation of this chapter has occurred,
the Health Officer may suspend or revoke any tattoo and/or body piercing
artist certification or shop certificate of sanitation issued under
this chapter and/or a civil penalty may be imposed in an amount not
to exceed that set forth in Public Health Law § 309(1)(f).
