[HISTORY: Adopted by the Board of Health of the Borough of
Somerville 10-27-99. Amendments noted where applicable.]
The basis of our efforts is to control the general environment
in order to prevent cross contamination. Therefore, we may want to
define the following:
A.
SANITIZE — Means a bactericidal treatment of cleaned surfaces
by a process which is effective in reducing the number of micro-organisms
to a safe level.
B.
STERILIZATION — Means destruction of all forms of microbiotic
life, including spores.
C.
SINGLE USE — Means products or items that are disposed of
after use on each client including, but not limited to, cotton swabs
or balls, tissues or paper products, paper or plastic cups, gauze
and sanitary covering, razors, needles, scalpel blades, stencils and
ink cups.
D.
HEALTH OFFICER — Means the appointed licensed health officer
or his authorized representative.
E.
CERTIFICATE OF INSPECTION — Means written approval from the
health officer or his authorized representative that said tattooing
or body piercing establishment has been inspected and meets all of
the terms of this chapter
F.
OPERATOR — Means individual, firm, company, corporation or
association that owns or operates an establishment where tattooing
or body piercing is performed and any individual who performs or practices
that art of tattooing or body piercing on the person of another.
G.
TATTOO, TATTOOED or TATTOOING — Means and refers to any method
of placing designs, letters, scrolls, figures, symbols or any marks
under the skin with ink or any substance resulting in the coloration
of the skin by the aid of needles or any other instruments designed
to puncture the skin.
H.
BODY PIERCING — Shall mean the placing of a permanent or temporary
foreign object in a person's body, such as ears, nose, lips,
genitals, nipples, or parts thereof, for a decorative or other non-medical
purpose by a person not directly under the supervision of a licensed
physician.
I.
TATTOO ESTABLISHMENT — Means the location wherein tattooing
is performed.
J.
TATTOO ARTIST — One who engages in tattooing.
K.
BODY PIERCING AREA — Means within a body piercing establishment;
the immediate vicinity where body piercing is performed.
L.
BODY PIERCING ARTIST — Is a person engaged in the practice
of body piercing.
M.
BODY PIERCING ESTABLISHMENT — Is the building or structure
where body piercing is practiced.
N.
FACILITY — Shall refer to either a place where tattooing or
body piercing is conducted.
O.
ARTIST — Shall refer to a person who does tattooing or body
piercing.
The standards in this chapter apply to permanent tattooing and/or
body piercing establishments.
A.
A permanent tattooing or body piercing establishment is an established
business operating in Somerville, licensed and inspected at least
annually by the Somerville Board of Health.
B.
This chapter forbids the operation of any temporary body tattooing
or body piercing facilities in Somerville. This includes carnivals,
street fairs, hotels, or other facilities wishing to offer tattooing
or body piercing temporarily.
A.
It shall be unlawful for any person to engage in the business of
operating an establishment where tattooing or body piercing is performed
without first obtaining a license from the Somerville Board of Health
to engage in such business in accordance with the provisions hereof.
B.
An application for an initial license shall be accompanied by a fee
in the amount of two hundred dollars ($200). The licensing period
shall be January 1st through December 31st of the calendar year. All
permits shall expire December 31st regardless of the date of issue.
Any change of ownership shall require a new application and license
with payment of fees therefor. All applicants shall submit plans for
the establishment to the Somerville Board of Health prior to initiation
or construction.
C.
The renewal license fee for engaging in the business of operating a tattoo or body piercing establishment within the Borough of Somerville shall be one hundred dollars ($100) per year. If renovations of the tattoo or body piercing establishment occur, plans must be submitted to the Somerville Board of Health and the applicant will be required to comply with Section 189-5. The late fee for failure to renew the license shall be fifty dollars ($50) per month if not paid by the final due date of January 31st of the following year (allowing for a thirty (30) day grace period).
D.
All existing establishments will be considered renewal applications
provided that they apply for renewal of said license within one (1)
month after the effective date of this chapter. Establishments failing
to apply within the specified time period will be considered new applicants
and will be subject to the provisions of paragraph B of this section.
E.
The provisions of this chapter and all licensing fees shall be due
immediately upon enactment of this chapter.
F.
The application accompanied by the license fee hereinafter fixed
shall set forth:
(1)
Local and permanent addresses and telephone numbers of applicant
and manager.
(2)
If applicant is a corporation, the name, address and telephone numbers
of its registered agent and officers.
(3)
The educational and/or business experience of the applicant in the
business or occupation for which the license is sought.
(4)
The length of time that the applicant has been engaged in such business
or occupation.
(5)
Whether the applicant has ever been convicted of any criminal violation,
the date, nature and disposition of such criminal charges, summons,
complaint or indictment.
(6)
Name, address and age of every person to be initially employed to
conduct the service. This shall be a continuing obligation for licenses
to update this list of employees.
(7)
The name of the company providing liability insurance and the amount
of said coverage (minimum of $1 million - $1,000,000).
(8)
An after care plan shall be submitted to the Board of Health for
tattoo and each body site for body piercing parlors. Once approved
by the Board the after care plan must be reviewed verbally, signed,
and a printed copy of the instructions given each client.
G.
The Board of Health may deny an application where the investigation
or inquiry demonstrates that:
(1)
The information set forth in the application is incomplete or fraudulent.
(2)
The applicant or any person conducting the business has been convicted
of a crime or disorderly person offense which has not been expunged
pursuant to N.J.S.A. 2C:52-1 et seq., or pardoned and which offense
relates adversely to the business for which the license is sought.
(3)
The applicant has within four (4) months of the application been
addicted to the habitual use of drugs or intoxicating liquors.
(4)
The business property and location do not comply with requirements
for business use, as same are set forth by the construction official,
and/or other departments or agencies of the Borough of Somerville.
A.
It shall be a violation of this chapter for anyone or any tattoo
or body piercing business to tattoo or body pierce an individual under
eighteen (18) years of age without authorization signed by a parent
or legal guardian and witnessed by the operator or a parent's
notarized signature. The operator shall be responsible for maintaining
the original consent form and copies of all consent information for
a period of two (2) years beyond the recipient's twenty-first
(21st) birthday. The operator shall also obtain a copy of a photo
ID of the individual being tattooed and/or body pierced and maintain
said copy for the same period of time.
B.
Each person wishing a tattoo or body piercing must fill out an application which will include the name, date of birth, address and telephone number of the client, the location(s) of the tattoo or body piercing, and the name of the operator. All records for anyone eighteen (18) years of age or older are to be maintained for a minimum of two (2) years and shall be available to the Health Officer or his authorized representative upon request. Records for minors with parental authorization must be maintained in accordance with Section 189-4A.
C.
No person shall state or imply in any advertisement or in any other
way that the tattoo or body piercing establishment is endorsed, regulated
or approved by the Borough of Somerville or by any of its departments,
boards or representatives, or is conducted in compliance with the
terms of this chapter.
D.
If the applicant is suspected to be under the influence of alcohol,
drugs, or any other behavioral modifying substance, the operator must
refuse the applicant if suspected of having an infectious disease
in a communicable stage, the operator shall refuse service.
E.
Written guidelines shall be established for the care of the body site. Each client shall receive a written copy of the guidelines for care of tattoo or body piercing sites. A signed copy of the receipt of the guidelines by the client must be maintained by the operator as part of the permanent record. Maintenance of said record is established in Section 189-4A,B.
F.
Care instructions for body piercing must include the following minimum
recommendations.
(1)
Wash the body piercing gently with mild soap and water and pat dry.
(2)
Apply an anti-bacterial cleaner at least twice daily.
(3)
Avoid swimming or soaking of the body piercing until healed.
(4)
Avoid scratching, picking, or touching of the body piercing.
(5)
If redness or swelling develops, contact your doctor.
A.
Each facility (tattoo or body piercing) shall have bathroom accessible
to the public and staff. Each bathroom shall be equipped with a commode
and a sink with the sink being connected to hot and cold running water.
Soap and sanitary towels, or other approved hand drying devices, shall
be available at the sink at all times. Common towels are prohibited.
Employee hand washing signs shall be posted in each toilet room area.
B.
The chair or seat reserved for the person receiving a tattoo or body
piercing shall be of a material that is smooth and easily cleaned
and is constructed of a material that is of barrier type fabric. Any
surfaces on the chair that become exposed to blood or body fluids
must be cleaned and sanitized prior to use by the next customer.
C.
The work table or counter used by the operator shall be smooth and
easily cleaned and constructed of material that is non-absorbent.
There shall be a covered junction between the table/counter and the
wall if the table/counter is to be placed against the wall. This table/counter
must be cleaned and sanitized, utilizing a method approved by the
Somerville Board of Health, between customers.
D.
The walls in the work area shall be smooth and easily cleaned and
constructed of a non-absorbent material.
E.
The floor in the work area shall be of durable material that is non-absorbent
and is easily cleaned. Floors shall be kept clean.
F.
Lighting within the work area shall be adequate so as to provide
a minimum of one hundred (100) foot candles in all areas.
G.
The work area reserved for the application of the tattoo or body
piercing shall be separated from other areas of the establishment
by walls or durable partitions extending at least six (6) foot in
height and so designed to discourage any persons other than the customer
and the operator from being in the work area.
H.
A utility room shall be provided for the cleaning, packing, and sterilization
of equipment which is physically separated from the work area and
waiting rooms.
A.
Any surfaces in the establishment that become exposed to blood or
body fluids must be cleaned and sanitized, utilizing a method approved
by the Somerville Board of Health.
B.
All products used in cleaning, sanitizing and sterilizing procedures
must be clearly marked and stored in their original containers in
an acceptable manner in accordance with hazard Communications Regulations.
C.
Proper waste receptacles for non-infectious waste shall be provided
and waste disposed of at appropriate intervals in a safe manner.
D.
All hazardous medical waste shall be disposed of according to State
standards. All records shall be kept on site and shall be made available
for inspection. All medical waste records shall be maintained for
at least three (3) years after manifest as required by N.J.A.C. 7:26-3A21.
E.
The entire premises and equipment shall be maintained in a clean,
sanitary condition and in good repair. These areas of the establishment
are to be accessible for inspection by the Board of Health and its
authorized representatives.
F.
Employees shall wear clean outer garments and footwear; maintain
a high standard of personal cleanliness and conform to hygienic practices
while on duty.
G.
The use of tobacco in any form while engaged in tattooing and/or
body piercing procedures is prohibited.
H.
The consumption of food and drink shall be restricted to designated
areas.
I.
No live bird, turtle, snake, dog, cat or other animals shall be permitted
in any area used for the conduct of tattooing and/or body piercing
operations or in the immediate open adjacent areas, including the
main waiting area and the public access to the toilet room. The only
exception to this rule is seeing eye dogs would be permitted with
the client.
J.
Effective measures shall be taken to protect against the entrance
into the shop and the breeding or presence on the premises of insects
or rodents.
K.
The facility shall comply with the provisions of the Medical Waste
Tracking Act of 1988, and N.J.S.A 13:1 E-48.1 et seq., the Comprehensive
Regulated Medical Waste Act, and all rules and regulations promulgated
pursuant to the aforementioned Acts.
L.
The parlor shall comply with the most current version of the Center
for Disease Control and Prevention (CDC) guidelines and the Occupational
Safety and Health Administration (OSHA) publication, "enforcement
procedures for occupational exposure to Hepatitis B Virus (HVB) and
Human Immunodeficiency Virus (HIV)," OSHA instruction CPL-2-2.44A,
August 1988 or revised or later editions.
A.
Operator.
(1)
Hepatitis B pre-exposure vaccination or proof of immunity is required
for all operators. Any accidental needle sticks shall be reported
to the Somerville Board of Health. If a person cannot obtain the vaccination
for medical reasons, he shall submit to the Somerville Board of Health
a letter from his physician certifying that the individual does not
have Hepatitis B and the vaccination is contraindicated. This certification
shall be annually renewed and shall be made available upon request
during inspection.
(2)
All future operators shall pass an examination from an accredited
college or health care facility showing knowledge of sterile techniques
and universal precautions to assure that infection and contagious
disease shall not be spread by work practices. In lieu of the aforementioned
requirement, documentation of education or training previously received
shall be satisfactory if determined to be of equivalent quality by
the Health Officer.
(3)
Before working on each patron, each artist shall scrub and wash his/her
hands thoroughly with hot water and an F.D.A. approved antimicrobial
agent using his/her individual hand brush. Fingernails shall be kept
clean and short.
(4)
Disposable gloves shall be worn by the artist during preparation and application to prevent contact with blood or body fluids. Universal precautions as required by 29 CFR 1910.1030 paragraph d, 1 shall be followed. All materials shall be disposed of in accordance with Section 189-11 after contact with each patron. Hands shall be washed immediately after removal of gloves. Any skin surface that has contact with blood shall be washed immediately. Medical waste shall be disposed of in compliance with the latest State regulations.
(5)
Immediately after treating a patron, the operator shall advise the patron on the care of the tattoo or body pierced area and shall instruct the patron to consult a physician at the first sign of infection. Printed instructions regarding these points shall be given to each patron as described in Section 189-4E, F. of this chapter.
(6)
All infections resulting from the practice of tattooing or body piercing
which become known to the operator shall be reported to the Somerville
Health Officer by the person owning or operating the establishment
or by the artist within twenty-four (24) hours.
B.
Following shaving, the area shall be thoroughly cleaned and scrubbed
with tincture of green soap or its equivalent and warm water. Before
working on the patron's skin, the area shall be treated with
seventy percent (70%) alcohol and allowed to air dry.
C.
No tattooing or piercing shall be done on skin surface that has rash,
pimples, boils, or infections, or manifests any evidence of unhealthy
conditions.
D.
Ear piercing guns may not be used for any body piercing other than
for piercing ear lobes. If the ear piercing gun is reused, it must
be cleaned and sterilized between patrons. An ear piercing gun may
only be used to apply studs in a patron's ear, following manufacturer's
instructions. The use of an ear piercing gun to apply a stud or any
other jewelry to other areas of the body is prohibited.
E.
Satisfactory lubricants or antiseptic ointments shall be applied
to the tattoo area prior to tattooing. The ointment shall be applied
in a satisfactory manner, disposing of the utensils after spreading.
Collapsible tubes of ointment or jelly may also be used.
A.
Tattooing.
(1)
The use of single-service hectographic stencils shall be required
for applying a tattoo outline to the skin. Multi-use stencils shall
be prohibited.
(2)
Only non-toxic dyes or pigments may be used. Pre-mixed sterile materials
are preferred. Pre- mixed dyes shall be used without adulteration
of the manufacturer's original formula. It shall be the responsibility
of the operator to provide certification to the Somerville Board of
Health of the non-toxicity of the dyes or inks at the time of license
application and renewal.
(3)
Single service or individual containers of dye or ink shall be used
for each patron, and the container disposed of immediately after completing
work on each patron. Any dye in which the needles are dipped shall
not be used on another person.
(4)
The complete tattoo shall be washed with sterile gauze and a solution
of tincture of green soap or its equivalent, then disinfected with
seventy percent (70%) alcohol. The area shall be allowed to air dry
and antiseptic ointment applied and spread with sterile gauze and
sterile dressing attached.
B.
Body Piercing.
(1)
Jewelry Preparation - Jewelry or an insertion taper that has been
autoclaved and never worn must be placed in a medical anti-bacterial
prep soak for ten (10) minutes and dried thoroughly before insertion.
Jewelry previously worn by the patron must be soaked in a medical
anti-bacterial prep soak for ten (10) minutes in a separate disposable
container. The disposable container and soak solution must be disposed
of after each patron. Jewelry worn by a person other than the patron
must be cleaned and sterilized before insertion.
(2)
Linen Cleaning and Storage - Cloth towels, robes, and similar items
used in conjunction with body piercing must be laundered in a washing
machine with hot water, laundry detergent, and chlorine bleach between
uses. A closed, dustproof container must be provided for the storage
of clean towels and linen. A hamper or similar container that complies
with O.S.H.A. standards must be provided for the storage of soiled
towels and linen.
A.
Only single-service sterile needles and needle bars shall be used
for each patron.
B.
If solder is used in manufacturing needles, needle bars or needle
tubes, it must be free of lead.
D.
Needle tubes shall be soaked with soapy water, then scrubbed with
a clean brush, then rinsed clean. Needle tubes shall be sterilized,
stored in sterile bags, and maintained in a dry, closed area as required
by this chapter.
E.
Each item to be sterilized shall be individually wrapped using indicator
bags or strips. Sterilization shall be by steam sterilization. The
sterilizer shall be well maintained with a tight fitting gasket and
a clean interior. The manufacturer's operating instructions and
sterilization specifications shall be at hand. The sterilizer shall
conform to the sterilization cycle. Proper functioning of sterilization
cycles shall be verified by the weekly use of biologic indicators
(i.e., spore tests). A log book of these weekly test results shall
be available, and a test may be required to be done during inspections.
F.
If the primary source of sterilization malfunctions, the Somerville
Board of Health shall be notified within twenty-four (24) hours. In
an emergency situation, the Somerville Board of Health may approve
alternative sterilization techniques.
G.
Needles and bars shall not be bent or broken prior to disposal. Tattoo
artists shall take precautions to prevent injuries from contaminated
needles or tubes.
A.
All used needles, needle bars, or other tools used in the tattooing process, as well as gloves, gauze, and other materials contaminated with blood or body fluids shall be sterilized in accordance with Sections 189-6K and 189-10, and then discarded in a disposable rigid container. In lieu of this requirement, contracting with an authorized service for the disposal of infectious waste shall be acceptable. All medical waste regulations shall be adhered to.
Nothing in the foregoing shall be construed so as to affect
the practice of medicine of any other recognized profession or occupation
by a person duly licensed by the State of New Jersey to engage in
such practice, profession or occupation and whose license would lawfully
authorize the piercing of the body.
A.
Not less than one hundred dollars ($100) nor more than one thousand
dollars ($1,000) for each violation of this chapter shall be applied
as penalty. Each day that the violation of this chapter shall be applied
as penalty. Each day that the violation exists is considered to be
a separate offense.
B.
Reasonable counsel fees incurred by the Somerville Board of Health
in the enforcement of this chapter shall be paid by the defendant.
The amount of such reimbursement fees and costs shall be determined
by the Court hearing the matter.
C.
This chapter shall pre-empt any municipal ordinance inconsistent
herewith.
A.
In addition to being subject to the penalties provided in Section 189-13 of this chapter, any license issued under this chapter may be revoked or suspended by the Somerville Board of Health for any misstatement in any application or for any violation of this chapter. No license shall be revoked or suspended until the licensee has been afforded a hearing before the Somerville Board of Health. Notice of the filing of a complaint which seeks to suspend or revoke any license issued under this chapter shall be served on the defendant personally or on the manager, registered agent, or officer of the corporation by certified mail or personal delivery to the business establishment's address or house address of a responsible party. The notice will establish a date for a hearing to be held not more than fifteen (15) days from the date of such notice, at which time the defendant shall have the right to be represented by counsel, call witnesses, cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to insure due process. Should any license be suspended or revoked, no part of the license fee shall be returned.
