[Ord. #3-99, § I]
Shall mean a person who does tattooing or 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 nonmedical purpose
by a person not directly under the supervision of a licensed physician.
Within a body piercing establishment shall mean the immediate
vicinity where body piercing is performed.
Shall mean a person engaged in the practice of body piercing.
Shall mean the building or structure where body piercing
is practiced or conducted.
Shall mean 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.
Shall mean a place where either tattooing or body piercing
is performed.
Shall mean the appointed licensed Health Officer or his authorized
representative.
Shall mean any 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
the art of tattooing or body piercing on the person of another.
Shall refer to any method of placing designs, letters, scrolls,
figures, symbols or any marks under the skin with ink or any other
substance resulting in the coloration of the skin by the aid of needles
or any other instruments designed to puncture the skin.
Shall mean one who engages in tattooing.
Shall mean the location wherein tattooing is performed.
[Ord. #3-99, § II]
The standards in this chapter apply to both temporary and permanent
body piercing and tattoo establishments.
[Ord. #3-99, § III]
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 South Bound Brook Board
of Health to engage in such business in accordance with the provisions
hereof.
b.
An application for a license shall be accompanied by a fee in the
amount of $175. Any change of ownership shall require a new application
and license with payment of fees therefore. All applicants shall submit
plans for the establishment to the South Bound Brook Health Department
prior to initiation or construction.
c.
The renewal license fee for engaging in the business of operating a tattoo or body piercing establishment within South Bound Brook shall be $10 per year. All licenses shall expire on the last day of March annually. If renovations of the tattoo or body piercing establishment occur, plans must be submitted to the South Bound Brook Health Department and the applicant will be required to comply with Section 22-5. The late fee for failure to renew the license shall be $50 a month if not paid by the final due date of April 30 annually.
d.
The provisions of this chapter and all licensing fees shall be due
immediately upon enactment of this chapter.
e.
The provision accompanied by the license fee herein-after 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.
Certification that all dyes and inks used in tattooing are non-toxic
and FDA approved.
4.
Applicant to comply with O.S.H.A. Bloodborne Pathogen Standard and
Medical Waste Disposal Regulations.
[Ord. #3-99, § IV]
a.
Age. It shall be a violation of this chapter for anyone or any tattoo
or body business to tattoo or body pierce an individual under 18 years
of age without consent 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 two years beyond the recipient's twenty-first (21)
birthday. The operator shall obtain a copy of a photo ID of the individual
being tattooed.
b.
Each person wishing a body piercing or tattoo 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 tattoo or body piercing
and the name of the operator. All records are to be maintained for
a minimum of two 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 piercing or tattoo sites. Care instructions must include
the following minimum recommendations for body piercing:
1.
Wash the body piercing 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 piercing until healed;
4.
Avoid scratching, picking or touching of the body piercing;
5.
If redness or swelling develops, contact your doctor.
[Ord. #3-99, § V]
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 dying facilities.
b.
The chair or seat reserved for the person receiving the body piercing
or tattoo shall be of a material that is smooth and easily cleanable
and constructed of material that is nonabsorbent. 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 worktable 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
South Bound Brook Health Department, 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 footcandles in all areas.
g.
The work area reserved for the application of the tattoo or piercing
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 South Bound Brook Health Department.
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. #3-99, § VI]
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 South Bound Brook Health Department. 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 tattooist
or body piercer. 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 artist shall scrub and wash his/her
hands thoroughly with hot water and an E.P.A. approved germicide-cleaning
material using his/her individual hand brush. Fingernails shall be
kept clean and short.
4.
Disposable gloves shall be worn by the artists 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 22-10 of this chapter 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 the latest state regulations.
5.
Immediately after treating a patron, the operator shall advise the patron on the care of the tattoo or body area pierced 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 22-4, paragraph d 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 Health
Officer by the person owning or operating the establishment or by
the artist within 24 hours.
[Ord. #3-99, § VII]
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 or tattooing shall be done on skin surface that has rash,
pimples, boils, and 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.
Collapsible tubes of ointment or jelly may also be used.
[Ord. #3-99, VIII]
a.
Tattooing.
1.
Design stencils shall be thoroughly cleansed and rinsed in an E.P.A.
approved germicide effective against tuberculosis for at least 20
minutes or disposed of following each use. Effective against TB is
the standard because it then is more effective against HBV and HIV.
2.
Only nontoxic dyes or pigments may be used. Premixed sterile materials
are preferred. Premixed 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 South Bound Brook
Health Department of the nontoxicity 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 completed tattoo shall be washed with sterile gauze and a solution
of tincture of green soap or its equivalent, then disinfected with
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 antibacterial
prep soak for 10 minutes and dried thoroughly before insertion. Jewelry
previously worn by the patron must be soaked in a medical antibacterial
prep soak for 10 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.
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 must be provided
for the storage of soiled towels and linen.
[Ord. #3-99, § IX]
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 and 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 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 logbook 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 South Bound
Brook Health Department shall be notified within 24 hours. In an emergency
situation, the South Bound Brook Health Department 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.
[Ord. #3-99, § X]
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 22-5k and 22-9 of this chapter 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.
[Ord. #3-99, § XI]
Nothing in the foregoing sections 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 of the body.
[Ord. #3-99, § XII]
a.
A penalty of not less than $100 nor more than $1,000 for each violation
of this chapter. 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.
c.
This chapter shall preempt any municipal ordinance inconsistent herewith.
[Ord. #3-99, § XIII]
In addition to being subject to the penalties provided in Section 22-12 of this chapter, any license issued under this chapter may be revoked or suspended by the Borough Council 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 Council of the Borough of South Bound Brook. 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.
