Editor's Note: See also N.J.A.C. 8-27, Body Art Procedures.
[Ord. No. BH 99-2; N.J.A.C. 8:27-1.3]
ARTIST
Shall refer to a person who does body art. See also "Practitioner."
BODY ART
Shall mean the practice of physical body adornment in permitted establishments by operators utilizing, but not limited to, the following techniques:
1. 
Body piercing;
2. 
Tattooing; and
3. 
Permanent cosmetics.
BODY ART ESTABLISHMENT
Shall mean any place or premises, whether public or private, temporary or permanent in nature or location, where the practices of body art, whether or not for profit, are performed.
BODY PIERCING
Shall mean 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.
CERTIFICATE OF INSPECTION
Shall mean written approval from the Health Officer or his authorized representative that said body art establishment has been inspected and meets all of the terms of this chapter.
EAR PIERCING
Shall mean the puncturing of ear lobe and the trailing edge of the ear using a pre-sterilized single use stud and clasp ear piercing system following manufacturer's instructions.
FACILITY
Shall refer to a place where body art is conducted.
HEALTH OFFICER
Shall mean the appointed licensed health officer or his authorized representative.
OPERATOR
Shall mean and include 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.
PERMIT
Shall mean written approval by the Board of Health to operate a body art establishment. Approval is given in accordance with this chapter and is separate from any other licensing requirement that may exist within the Borough.
PRACTITIONER
Shall mean any person that performs the act of tattooing, permanent cosmetics and/or ear and body piercing.
TATTOOING
Shall mean any method of placing ink or other inert pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This includes all forms of permanent cosmetics.
TEMPORARY ESTABLISHMENT
Shall mean an establishment that has been issued a permit by the Board of Health to operate for the purpose of performing body art procedures for not more than 14 calendar days in conjunction with a single event.
[Ord. No. BH 99-2]
a. 
It shall be unlawful for any person to engage in the business of operating an establishment where body art is performed without first obtaining a license from the Watchung 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 as stated in Chapter BH15, Board of Health Fees. 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 Board of Health prior to initiation or construction.
c. 
The renewal license fee for engaging in the business of operating a body art establishment within the Borough of Watchung shall be as stated in Chapter BH15. All licenses shall expire on the last day of March annually. If renovations of the body art establishment occur, plans must be submitted to the Board of Health and the applicant will be required to comply with Section BH4-4. The late fee for failure to renew the license shall be as stated in Chapter BH15 if not paid by the final due date of April 30 annually.
d. 
All existing establishments will be considered renewal applications provided that they apply for a renewal of said license within one 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.
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 herein fixed shall be 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. 
Applicant to comply with O.S.H.A. Bloodborne Pathogen Standard and Medical Waste Disposal Regulations.
4. 
Additional information as required by N.J.A.C. 8:27-1 et seq.
[Ord. No. BH 99-2; N.J.A.C. 8:27-4.1]
a. 
Age. It shall be a violation of this chapter for anyone or any body art business to practice body art on an individual under 18 years of age without authorization signed by the parent or legal guardian and witnessed by the operator. The operator shall be responsible for maintaining the original consent form and copies of all consent information for a period of three years and for two years beyond the recipient's twenty-first (21) birthday. The operator shall obtain a copy of a photo ID of the individual having their body pierced or tattooed.
b. 
In addition to the medical health history form and consent, each person wishing body art must fill out an application which will include name, date of birth, address and telephone number of the client as well as the location(s) of the body art and the name of the operator. All records are to be maintained for a minimum of three years and shall be available to the Health Officer or his authorized representative upon request.
c. 
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 an applicant is suspected of having an infectious disease in a communicable stage, the operator shall refuse service.
d. 
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 body art areas. Care instructions must include the following minimum recommendations for body art:
1. 
Wash the body art site gently with mild soap and water and pat dry;
2. 
Apply an antibacterial cleaner at least twice daily;
3. 
Avoid swimming or soaking of the body art until healed;
4. 
Avoid scratching, picking or touching of the body art;
5. 
If redness or swelling develops, contact your doctor.
[Ord. No. BH 99-2]
a. 
Each facility shall have a 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. In addition to the above, each cubicle or work station must be provided with a sink connected to hot and cold running water. This area shall also be provided with soap and appropriate hand drying facilities.
b. 
The chair or seat reserved for the person receiving the body art shall be of a material that is smooth and easily cleanable and constructed of material that is non-absorbent. 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 cleanable and constructed of material that is nonabsorbent. 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 Watchung Board of Health, between customers.
d. 
The walls in the work area shall be smooth and easily cleanable and constructed of a nonabsorbent material.
e. 
The floor in the work area shall be of a durable material that is nonabsorbent and is smooth and easily cleanable. Floors shall be kept clean.
f. 
Lighting within the work area shall be adequate so as to provide a minimum of 100 foot candles in all areas.
g. 
The work area reserved for the application of the body art shall be separated from other areas of the establishment by walls or durable partitions extending at least six feet in height and so designed to discourage any persons other than the customer and the operator from being in the work area.
h. 
Any surfaces in the establishment that become exposed to blood or body fluids must be cleaned and sanitized, utilizing a method approved by the Watchung Board of Health.
i. 
All products used in cleaning, sanitizing and sterilizing procedures must be clearly marked and stored in an acceptable manner in accordance with the Hazard Communications Regulations. Smaller working containers filled on site from larger containers must be clearly marked with the name of the product.
j. 
Proper waste receptacles shall be provided and waste disposed of at appropriate intervals in a safe manner.
k. 
All medical waste shall be disposed of according to State standards. All records shall be kept on site and shall be available for inspection. All medical waste records shall be maintained for at least three years after manifest as required by N.J.A.C. 7:26-3A21.
l. 
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
[Ord. No. BH 99-2]
a. 
Operator.
1. 
Hepatitis B pre-exposure vaccination or proof of immunity is required for all operators. Any accidental needle stick shall be reported to the Watchung Board of Health. If a person cannot obtain the vaccination for medical reasons, he shall submit to the 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 available upon request during inspection.
2. 
All future operators shall pass an examination showing knowledge of sterile technique and universal precautions to assure that infection and contagious disease shall not be spread by work practices. Once a year under the auspices of the Board of Health a course leading to certification may be given for any person seeking to be a practitioner of body art.
In lieu of the above, 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 practitioner shall scrub and wash his hands thoroughly with hot water and an E.P.A. approved germicidal cleaning material using his individual hand brush. Fingernails shall be kept clean and short.
4. 
Appropriately approved disposable gloves shall be worn by the practitioner during preparation and application to prevent contact with blood or body fluids. Universal precautions as required by 29 CFR 1910.1030 Section d1 shall be followed. All materials shall be disposed of in accordance with Section BH4-9 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 in compliance with latest State regulations.
5. 
Immediately after treating a patron, the practitioner shall advise the patron on the care of the body area pierced or tattooed 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 BH4-3d.
6. 
All infections resulting from the practice of tattooing or body piercing which become known to the operator shall be reported to the Health Officer by the person owning or operating the establishment or by the practitioner within 24 hours.
[Ord. No. BH 99-2]
a. 
Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to applicable requirements of Section BH4-9 after each use and a new blade shall be used for each patron.
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 70% alcohol and allowed to air dry.
c. 
No piercing of the tongue shall be permitted.
d. 
No piercing shall be done on skin surface that has rash, pimples, boils, infections or manifests any evidence of unhealthy conditions.
e. 
Ear piercing guns may not be used for body piercing, but may only be used for piercing ear lobes. If the ear piercing gun is reused, it must be cleaned and sanitized between patrons. An ear piercing gun may only be used to apply studs in a patron's ears, 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.
f. 
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 utensil after spreading. Ointments shall be single use or foil packs.
[Ord. No. BH 99-2; N.J.A.C. 8:27-7.3]
a. 
Body Piercing.
1. 
Jewelry preparation. Jewelry or an insertion taper that has been autoclaved and never worn must be placed in a medical antibacterial prep soak for 15 minutes and dried thoroughly before insertion. Jewelry previously worn by the patron must be soaked in a medical antibacterial prep soak for 15 minutes in a separate container that is disposed of or sterilized immediately after the service. Jewelry worn by a person other than the patron must be cleaned and sterilized before insertion.
b. 
Tattoo.
1. 
Equipment and supplies.
(a) 
A sterile needle shall be provided for each client.
(1) 
Solder used for the attachment of needles to the needle bars shall be lead free.
(b) 
Art stencils shall be single use and disposable.
(c) 
Ointments shall be single use or foil packs.
(d) 
Soaps and other products shall be dispensed and applied on the area to be tattooed with paper towels or gauze or in a manner to prevent contamination of the original container and its contents.
(e) 
The gauze shall be single use and shall not be used more than once.
(f) 
Use of styptic pencils or alum solids to check any blood flow shall be prohibited.
(g) 
Sterilized needles, tubes or tips shall be on hand for each practitioner for the entire day, based on the average client need per day.
2. 
Pigments.
(a) 
All dyes used in tattooing shall be nontoxic, nonirritating to tissue, stable to light and inert to tissue metabolism.
(1) 
Pigments shall not contain talc.
(b) 
Nontoxic materials shall be used when preparing dyes or pigments.
(1) 
Single use, individual containers for dyes or pigments shall be used for each patron.
(c) 
Any excess dye or pigment applied to the skin shall be removed with single use, lint-free paper products.
(d) 
Pigments shall be obtained only from a reputable tattoo supplier.
c. 
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 must be provided for the storage of soiled towels and linen.
[Ord. No. BH 99-2]
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.
c. 
Any needle or sharp object that penetrates the skin shall be immediately disposed of in accordance with Sections BH4-9 and applicable State laws.
d. 
Needle tubes shall be soaked with soapy water, then scrubbed with a clean brush and then rinsed clean. Needle tubes shall be sterilized, stored in sterile bags and maintained in dry, closed areas 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 operation 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 bound log book of these weekly test results shall be available, and a test may be required to be done during any inspections. A loose-leaf log book or one that permits additions or deletions shall not be used.
f. 
If the primary source of sterilization malfunctions, the Watchung Board of Health shall be notified within 24 hours. In an emergency situation, the Watchung Board of Health may approve alternative sterilization techniques.
g. 
Needles and bars shall not be bent or broken prior to disposal. Practitioners shall take precautions to prevent injuries from contaminated needles or tubes.
[Ord. No. BH 99-2]
a. 
All used needles, needle bars or other tools used in the process, as well as gloves, gauze and other materials contaminated with blood or body fluids shall be sterilized in accordance with Sections BH4-4 and BH4-8 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.
b. 
All non-infectious waste shall be disposed of in accordance with Section BH4-4j.
[Ord. No. BH-99-2]
a. 
Nothing in the foregoing shall be construed so as to affect the practice of medicine or 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 or tattooing of the body.
[Ord. No. BH 99-2]
a. 
Any person violating the provisions of this chapter shall, upon conviction, be liable to a penalty of not less than $100 nor more than $1,000 for each violation. Each day that the violation exists is considered to be a separate offense.
b. 
Reasonable counsel fees incurred by the 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.
[Ord. No. BH 99-2]
a. 
In addition to being subject to the penalties provided in Section BH4-11, any license issued under this chapter may be revoked or suspended by the Watchung 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 Board of Health of the Borough of Watchung. 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 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 revoked or suspended, no part of the license fee shall be returned.