[HISTORY: Adopted by the Mayor and Council
of the Borough of Chambersburg 9-14-2020 by Ord. No. 2020-06. Amendments noted
where applicable.]
This chapter shall be known as, and may be cited as, the "Borough
of Chambersburg Tattoo and Body Piercing Establishments Ordinance."
To prevent and/or limit infection, disease, and other injuries,
it is crucial that tattoo and body piercing establishments be licensed,
inspected, and regulated to ensure compliance with uniform health
and sanitary requirements.
The provisions of this chapter shall apply to all tattoo and
body piercing establishments located within the Borough of Chambersburg.
In the event any provision of this chapter is inconsistent with
a provision of any chapter of the Code of the Borough of Chambersburg
or state law, the provision applying the stricter standard shall apply.
For the purposes of this chapter, the following words, terms,
phrases, and abbreviations shall have the meanings respectively ascribed
to them by this section.
An apparatus for sterilization, utilizing steam pressure
at a specific temperature over a period of time.
The Board of Health of the Borough of Chambersburg.
Perforating the skin for the express intention of insertion
of any object, including, but not limited to, jewelry; provided, however,
that the piercing of the ears shall be specifically excluded from
the purview of this chapter.
Any place where an operator performs or practices the art
of body piercing.
The person receiving a tattoo or piercing on or in his or
her body as a personal service in return for compensation.
An individual appointed by the Borough Council or the Board
of Health pursuant to Section 3101(a) or 3103(b)(1)(iii) of the Pennsylvania
Borough Code, 8 Pa.C.S.A. §§ 101 through 3501.[1]
A disease of man or animals resulting from a transmittable
infection, whether or not patent, apparent, unapparent, latent, clinical,
or subclinical.
Any individual, firm, company, corporation or association
that owns or operates an establishment where tattooing and/or body
piercing is performed and any individual who performs or practices
the art of tattooing and/or body piercing on another person.
The process of destruction of microorganisms by physical
or chemical means.
Any method of placing designs, letters, scrolls, figures,
symbols, or any other marks upon or under the skin of a human with
ink or any other substance, resulting in the coloration of the skin
by the aid of needles or any other instrument designed to touch or
puncture the skin. Microblading, a technique involving semi-permanent
pigmentation of the skin, is expressly included within this definition
and subject to the provisions of this chapter. Medical doctors or
doctors of veterinary medicine acting in performance of their professional
duties are specifically excluded from this definition.
Any place where an operator performs or practices the art
of tattooing.
[1]
Editor's Note: See, specifically, 8 Pa.C.S.A. §§ 3101(a)
and 3103(b)(1)(iii).
The Board of Health of the Borough of Chambersburg shall have
the duty to enforce the provisions of this chapter.
A.
License required. It shall be unlawful for any person to operate
a tattoo and/or body piercing establishment without first obtaining
a license to engage in such business in accordance with this chapter
and unless abiding by the provisions hereof. An operator of a licensed
establishment shall not perform any tattoo and/or body piercing services
outside the licensed establishment premises within the Borough.
B.
Application. Applicants for a license under this chapter shall submit
to the Borough of Chambersburg a written application containing such
information as required by the Board. The Borough Manager, or his
or her designee, is authorized to promulgate forms, rules, and regulations
necessary to effectuate the provisions of this chapter.
C.
Investigation. Applications for licenses shall be referred to the
Health Officer or his or her designee. The Health Officer or his or
her designee shall perform an initial investigation of the proposed
location prior to issuance of a license to determine if the premises
complies with the health and sanitation provisions of this chapter.
D.
Fee. Each applicant, before being granted a license, shall pay to
the Borough a nonrefundable annual fee, which shall be set by Town
Council by resolution.
E.
Expiration. Each license shall expire on December 31 of the year
in which such license is issued, regardless of the date of issuance.
F.
Display. The license provided for in this chapter shall be posted
conspicuously at the location where the applicant conducts the tattooing
and/or body piercing.
G.
Transfer. If the licensee moves his or her tattooing and/or body piercing business to another location within the Borough, the license may be transferred to such new location upon application to the Board giving the address of the new location. The new location must first be approved by the Board in the same manner as provided for in this § 261-7. A license shall not be transferable to any operator other than the initial applicant.
A.
Health Officer. The Health Officer, or a designee thereof, shall
conduct inspections of any tattooing and/or body piercing establishment,
at least twice annually with a minimum of three months between inspections,
for the purpose of determining whether or not said establishment and
the persons performing tattooing and/or body piercing therein are
in compliance with all applicable provisions contained within this
chapter. It shall be unlawful for any person or operator of a tattooing
and/or body piercing establishment to willfully prevent or restrain
the Health Officer or a designee thereof from entering any licensed
establishment where tattooing and/or body piercing is being performed
for the purpose of inspecting said premises after proper identification
is presented to the operator.
B.
Reinspections. If an operator or a tattooing and/or body piercing
establishment fails an inspection, a cease-and-desist order shall
be issued immediately by the Health Officer. The operator shall pay
a reinspection fee for each reinspection, and such reinspection(s)
shall not count toward the minimum two annual inspections.
C.
Inspection fees. The fees for any inspection or reinspection required
under this chapter shall be established by resolution of Town Council
from time to time.
Every operator of a tattooing and/or body piercing establishment
shall comply with the following health and sanitation requirements.
The Board may promulgate, from time to time, additional rules and
regulations not inconsistent herewith pertaining to the health and
sanitation of tattooing and/or body piercing establishments.
A.
Premises. The entire premises of a tattooing and/or body piercing
establishment shall be maintained in a safe and sanitary condition
and in good repair in accordance with the following:
(1)
The walls and floors of the room in which tattooing services are
administered shall have an impervious, smooth, washable surface and
shall be painted or finished in a light color. Carpeting is prohibited
in tattooing areas.
(2)
A toilet shall be located in the tattooing and/or body piercing establishment
and shall be accessible at all times when said establishment is open
for business. The lavatories shall be supplied with hot and cold running
water, liquid soap, and single-use towels provided in approved dispensers.
Carpeting is prohibited in all toilet rooms.
(3)
The tattooing and/or body piercing establishment shall have a sink
with unobstructed access supplied with hot and cold water which shall
be located within each tattoo area or otherwise located within the
overall workroom area. Within reach of the sink shall be antibacterial
soap and a stocked single-use towel dispenser.
(4)
During the period of May 15 through October 1, every door, window,
and/or other outside opening shall be kept closed or shall be supplied
with air curtains or tightly-fitted screens which are not torn or
damaged in any way that may allow insect infestation into the tattooing
and/or body piercing establishment.
(5)
An easily cleanable waste container must be provided in the tattooing
and/or body piercing area for waste materials.
[Amended 9-13-2021 by Ord. No. 2021-06]
(6)
The telephone numbers of local emergency medical services and local
police shall be prominently posted in the tattooing and/or body piercing
area.
B.
Equipment. All equipment used by the operator shall comply with the
following:
(1)
Single-service or individual containers of dye or ink shall be used
for each patron, and the container thereof shall be discarded immediately
after completing work on a patron in a double opaque plastic bag in
a container with a tightly fitting lid. Any dye in which the needles
were dipped shall not be used on another person. Excess dye or ink
shall be removed from the skin with an individual, sterile sponge,
gauze, or disposable paper towel or tissue, which shall be used on
one person and then immediately discarded.
(2)
All pigments, dyes, colors, and other related agents used in tattooing
shall be free from bacteria, virus particles, noxious agents, and
substances. The stencil, unless composed of acetate, shall be of a
single use. If acetate stencils are used, they shall be washed and
disinfected between uses. Designs drawn directly onto the skin shall
be applied with a single-use article only. All bandages and surgical
dressings used in connection with the tattooing and/or body piercing
of a person shall be sterile and absorbent.
(3)
All tables and other equipment shall be constructed of easily cleanable
material, with a smooth, washable finish, and shall be separated from
waiting customers or the general public by a panel or counter at least
four feet high.
(4)
A new, disposable, single-service safety razor shall be available
for the operator's use for each patron. All other sharps, including
needles and tubes, shall be of single use and sterilized in an approved
manner as required by the Board and this chapter before use on each
patron.
(5)
All clean and ready-to-use needles, tubes, and instruments shall
be kept in a closed glass or metal case or storage cabinet while not
in use. Such cabinet shall be maintained in a sanitary manner at all
times.
(6)
The needles, tubes, and instruments required to be sterilized shall
be so used, handled, and temporarily placed during tattooing and/or
body piercing so that they are not contaminated. Nondisposable and
nonautoclavable items such as machines, countertops, wash bottles,
clip cords, knobs, lamp handles, procedure tables, and arm and leg
rests shall be equipped with a disposable poly barrier or sleeve.
New barriers and sleeves shall be used for each client.
(7)
A steam sterilizer (autoclave) shall be provided within the tattoo
and/or body piercing establishment for sterilizing needles, tubes,
and similar instruments before use on any customer, person, or patron.
Sterilization of equipment shall be accomplished by exposure to live
steam for at least 30 minutes at a minimum pressure of 15 pounds per
square inch, temperature of 260° F. The autoclave shall be provided
with a thermometer reading ±2° accuracy and an accurate
steam pressure gauge. Steam pressure gauge accuracy shall be maintained
in accordance with the manufacturer's recommendations. Autoclave effectiveness
shall be validated by regular quarterly spore testing and conducted
by a laboratory approved by the Board. Record of such testing shall
be kept on the premises for a period of three years. Every three months,
the operator shall be responsible for providing a copy of the spore
testing results to the Board. A Class 5 steam sterilization integrator
shall be used in all loads to be sterilized and shall be numbered
so as to correspond with the lot number of the sterilized contents.
Sterile packaged instruments shall be marked with a lot number, and
a logbook shall be kept tracking the date of processing, contents,
temperature, time, integrator result, spore test result, and the name
of the person responsible for processing. Alternate sterilizing procedures
may only be used when specifically instructed by the manufacturer
of the sterilizing equipment and approved by the Board. A copy of
the instructions from the manufacturer shall be maintained on site
at all times. Use of manufacturer presterilized needles, tubes, and
similar instruments shall be permitted, and a record of these items
shall be kept on the premises for a period of three years. Lot numbers
shall be marked on each presterilized item, and a logbook shall be
kept tracking the manufacturer name, item description, date received,
and expiration date (if any).
(8)
All equipment user manuals, as supplied by the equipment manufacturer,
shall be retained and stored at the tattoo and/or body piercing establishment
and shall be provided to the Health Officer or his or her designee
upon request.
(9)
All instruments that are processed by sterilization must first be
cleaned.
(10)
All body piercing jewelry shall be made of high-quality stainless
steel, gold, inert plastics, or other approved materials found to
be safe for use in body piercing. Jewelry to be inserted shall be
sterilized prior to insertion at the piercing site. All receiving
corks used in body piercing shall be discarded after each use.
(11)
All bandages and surgical dressings used in connection with
the tattooing of a person shall be stored in a sterile manner.
(12)
Needles and all other sharp instruments, along with gloves,
gauze, and other materials contaminated with blood, shall be discarded
by following the procedures of a reputable waste services company
which collects, transports, and disposes infectious waste and is approved
by the Board. Infectious waste disposal shall occur at least once
during a calendar year, and record of such disposal shall be kept
on the premises for a period of three years. Operators of a tattoo
and/or body piercing establishment shall not store needles and other
infectious waste materials on the premises for more than one year.
C.
Operations and personnel.
(1)
A signed statement from a licensed physician shall be provided to
the Board annually, prior to issuance or renewal of a license under
this chapter, confirming that, within the twelve months preceding
the date of the statement, the operator was examined by the physician,
a test of the operator's blood was performed, and the test results
indicate that:
(a)
The artist is free from all contagious and infectious diseases,
including hepatitis B, hepatitis C, and HIV; and
(b)
The artist has completed a vaccination series or laboratory
tests, which tests include hepatitis B surface antibody total, hepatitis
C antibody test, and HIV-1 antibody test, or alternatively, antibody
testing reveals that the artist is immune to certain diseases; or
(c)
A vaccine is contraindicated for medical reasons.
(2)
The operator shall scrub his/her hands thoroughly with soap and hot
water before starting to tattoo and/or body pierce. Hands shall be
dried with individual, single-use towels. Clean surgical gloves (latex
or nitrile) shall be worn by the operator when tattooing and/or body
piercing. Gloves shall be used only once and then disposed of in a
double opaque plastic bag in a container with a tightly fitting lid
or any alternative manner as prescribed by the Board. Gloves shall
be changed and properly disposed of each time there is an interruption
of the tattoo and/or body piercing procedure, when the gloves become
torn or punctured, or whenever the ability to function as a barrier
is compromised.
(3)
In addition to surgical gloves, personnel shall wear protective eyewear
and a fluid-resistant mask when performing services if necessary for
the procedure.
(4)
Tattoo and/or body piercing establishment employees or operators
are prohibited from working or providing services in a tattoo and/or
body piercing establishment while having skin infections, open sores,
and/or weeping dermatological lesions. Documentation from a licensed
physician indicating that the condition is resolved or healed and
no longer communicable or transmissible is required before returning
to work.
(5)
Tattoo and/or body piercing establishment employees or operators
are prohibited from providing services or working in a tattoo and/or
body piercing establishment while having an acute respiratory infection
or other disease or condition which has been diagnosed to be in a
communicable or transmissible condition. Documentation from a licensed
physician indicating that the condition is no longer communicable
or transmissible is required before returning to work.
(6)
Prior to the procedure, the area to be tattooed and/or externally
pierced shall be thoroughly scrubbed with an antiseptic soap or surgical
scrub or preparation adhering to manufacturer guidelines for use of
the specific product. Any oral skin piercing procedure shall be preceded
by the client performing not less than one-minute, vigorous application
of an antiseptic mouthwash. Waste materials shall be deposited in
an easily cleanable, covered waste container provided in the work
area.
(7)
Only petroleum jelly or antibiotic ointment as approved by the Board
shall be used on the area to be tattooed and/or pierced during the
tattooing and/or piercing procedure, and at the discretion of the
operator. Such petroleum jelly or ointment shall be applied with sterile
gauze.
(8)
The use of styptic pencils, alum blocks, or other solid styptics
to check the flow of blood is prohibited.
(9)
No establishment licensed under this chapter shall attempt to remove
a tattoo from any person or allow such a procedure to take place on
its premises.
(10)
Animals shall not be permitted in a tattoo and/or body piercing
establishment, except where permitted by law. Animals are not to be
tattooed in tattooing establishments. Animals are not to be tattooed
with any of the instruments used in tattooing human customers.
(11)
Ear piercing guns shall not be used for body piercing; such
guns shall only be used for piercing ear lobes.
(12)
During all hours of operation, a staff member or operator who
has completed an approved course on the control and prevention of
blood-borne disease must be present.
[Amended 9-13-2021 by Ord. No. 2021-06]
(13)
During all hours of operation, a staff member or operator who
has completed an approved course on the administration of adult cardiopulmonary
resuscitation (CPR) and who has a valid certification therefor must
be present.
[Amended 9-13-2021 by Ord. No. 2021-06]
D.
Clients.
(1)
No holder of a license hereunder, or the employee of such holder,
shall tattoo and/or body pierce any person under the age of 18 years
without first obtaining written consent from a parent or guardian.
The parent or guardian of such person shall be present at the time
of the procedure. All parental authorizations shall be maintained
on file and be available for inspection for a period of seven years.
(2)
No tattooing and/or body piercing shall be done on a skin surface
that has a rash, pimples, boils, infection, or manifests any evidence
of unhealthy conditions or infectious disease.
(3)
All infections resulting from the practice of tattooing which become
known to the operator shall promptly be reported to the Board, the
Health Officer, or a designee thereof by the operator.
(4)
Licensed tattoo and/or body piercing establishment personnel shall
refuse service to any person who appears to be under the influence
of alcohol or drugs.
(5)
Aftercare instructions shall be provided to each client following
any procedure. Aftercare shall consist of both verbal and written
instructions concerning the proper care of the body area involved
and instructions to consult a physician if infection occurs.
(6)
Each client shall complete an application prior to any procedure.
This application shall include, at a minimum, the client's name, date
of birth, proof of age, address, telephone number, procedure performed,
date of procedure, name of employee providing service, and, if a minor,
proof of parental or guardian consent and client's signature. All
applications shall be retained for a minimum of three years and made
available upon request to the Board.
A.
Suspension and revocation of license.
(1)
A tattoo and/or body piercing establishment license may be suspended
or revoked by the Health Officer under any of the following circumstances:
(a)
The application for such license contained one or more false
statements;
(b)
The operator has violated any of the provisions of this chapter;
and/or
(c)
The operator is convicted and pleads guilty or nolo contendere
to an offense listed under the Pennsylvania Crimes Code relating to
the conduct of business in the tattoo and/or body piercing establishment.
(2)
The Health Officer shall serve the tattoo and/or body piercing establishment
with written notice of said suspension or revocation, specifying the
reasons therefor, before said suspension or revocation shall become
effective. Service of said notice shall be deemed effective if delivered
to the person in apparent charge of the tattoo and/or body piercing
establishment.
B.
Other penalties. In addition to the suspension and revocation of any license, as provided in § 261-10A of this chapter, any operator or other person who shall violate any provision of this chapter shall, upon conviction, be subject to a fine of not less than $100 nor more than $600, and costs of the action. Each day that a violation exists shall constitute a separate violation.
Any person aggrieved by an action or decision of the Health
Officer may appeal such action or decision to the Borough of Chambersburg
Board of Health within 30 days.
