CROSS REFERENCES
Safety, sanitation and health — See Ch. 680.
[Ord. 654, passed 4-2-2001]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
The insertion, by any means, of a foreign substance, including
but not limited to, Teflon, into or under the skin of a human being
for the purpose of body decoration.
The creation, by mechanical, electrical or manual means,
of holes through any portion of the human anatomy, for the purpose
or purposes, inter alia, of inserting jewelry, ornaments or other
visible materials or decorations, whether or not the holes are or
are intended to be covered by clothing or other materials. This definition
shall not apply to medical doctors or doctors of veterinary medicine
in performance of their professional duties.
The Board of Health of Brookhaven Borough, Delaware County,
Pennsylvania.
The Brookhaven Borough Health Department.
The Health Officer of the Brookhaven Borough Health Department
or his or her designated representative.
Any individual, firm, company, corporation or association
that owns or operates an establishment where tattooing, body piercing,
beading or body jewelry is performed, and any individual who performs
or practices the art of tattooing, body piercing, beading or body
jewelry on another person.
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. This definition shall not apply to medical doctors
or doctors of veterinary medicine in performance of their professional
duties.
[Ord. 654, passed 4-2-2001]
(A)
It shall be unlawful for any person to engage in the business of
operating a tattoo, body piercing, beading or body jewelry establishment
without first obtaining a license to engage in such business, in accordance
with the provisions of this chapter and unless abiding by the provisions
hereof.
(B)
Applicants for a license under this chapter shall submit to the Department
a written application containing such data as required by the Borough
Board of Health.
(C)
Each applicant before being granted a license shall pay a fee as set forth in the Borough's General Fee Schedule contained in Chapter 208. Each license shall expire on December 31 of the year in which such license is issued. Renewal licenses shall require payment of additional fees as set forth in Chapter 208.
(D)
Display of the license provided for in this chapter shall be posted
conspicuously at the location where the applicant conducts the tattooing,
body piercing, beading or body jewelry.
(E)
If the licensee moves his or her tattooing, body piercing, beading
or body jewelry business to another location within the Borough, the
license may be transferred to such new location upon application to
the Department, giving the street and number of the new location.
The new location shall first be approved by the Department in the
same manner as provided elsewhere in this chapter. However, a license
is not transferable to any operator other than the applicant.
[Ord. 654, passed 4-2-2001]
The application for license shall be referred to the Department.
The Department shall inspect the proposed location to determine if
it complies with the health and sanitary provisions of this chapter.
The Health Officer may conduct periodic inspections of any tattooing,
body piercing, beading or body jewelry establishment, without prior
notice to the operator of the tattoo, body piercing, beading or body
jewelry establishment, for the purpose of determining whether or not
said establishment and the person performing the art of tattooing
and body piercing therein are in compliance with all applicable health
provisions contained within this chapter. It shall be unlawful for
any person or operator of a tattooing, body piercing, beading or body
jewelry establishment to willfully prevent or restrain the Health
Officer from entering any licensed establishment where tattooing,
body piercing, beading or body jewelry is being performed for the
purpose of inspecting said premises after proper identification is
presented to the operator.
[Ord. 654, passed 4-2-2001]
Every person who operates a tattooing and/or body piercing establishment
shall comply with the following requirements.
(A)
The room in which tattooing, body piercing, beading and/or body jewelry
is performed shall have an area of not less than 100 square feet.
The walls, floors and ceilings shall have an impervious, smooth, washable
surface and shall be painted or finished in a light color. Carpeting
is prohibited in tattooing, body piercing, beading and body jewelry
area(s) and toilet room(s).
(B)
A toilet shall be located in the establishment and shall be accessible
at all times when the tattooing, body piercing, beading and/or body
jewelry establishment is open for business. The lavatories shall be
supplied with hot and cold running water, soap and single-use towels
provided in approved dispensers. Sinks supplied with hot and cold
running water, soap and single-use towels in approved dispensers shall
be located in each room where tattooing, body piercing, beading and/or
body jewelry is performed.
(C)
All tables and other equipment shall be constructed of easily cleanable
material, shall be painted or finished in a light color, with a smooth,
washable finish and shall be separated from waiting customers observers
by a panel at least four feet high.
(D)
The entire premises and equipment shall be maintained in a clean,
sanitary condition and in good repair.
(E)
The operator shall scrub his or her hands thoroughly with soap and
water before starting to tattoo, body pierce, bead or insert body
jewelry, and the hands shall be dried with individual, single-use
towels. Sterile surgical gloves (or the equivalent) shall be worn
by the operator when tattooing, body piercing, beading or inserting
body jewelry. Gloves shall be used only once and then disposed of
in a manner as prescribed by the Department.
(F)
Safety razors with a new, single-service blade shall be used for
each customer or patron, or a straight-edge razor may be used and
shall be thoroughly cleaned and sterilized, as required by the Health
Officer, before use on each customer or person.
(G)
The area to be tattooed, body pierced, beaded or body jeweled shall
first be thoroughly scrubbed with an antiseptic soap for a minimum
of two minutes, and be deposited in an easily cleanable, covered waste
container, provided in the tattooing, body piercing, beading or body
jewelry area.
(H)
Only petroleum jelly (or its equivalent) in collapsible metal or
plastic tubes (or their equivalent), as approved by the Health Officer,
shall be used on the area to be tattooed, body pierced, beaded or
body jeweled, and it shall be applied with sterile gauze.
(I)
The use of styptic pencils, alum blocks or other solid styptics to
check the flow of blood is prohibited.
(J)
Operators of tattooing, body piercing, beading and/or body jewelry
establishments shall complete a course, approved by the Borough Board
of Health, on the control of and prevention of blood-borne diseases
prior to opening for business. Existing licensed tattooing, body piercing,
beading and/or body jewelry establishments shall have three months
after the effective date of this chapter to comply.
(K)
Single-service or individual containers of dye or ink shall be used
for each patron, and the container therefore shall be discarded immediately
after completing work on a patron. 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 or a disposable
paper tissue, which shall be used on one person and then immediately
discarded. After completing work on any person, the tattooed, body
pierced, beaded or body jeweled area shall be washed with sterile
gauze saturated with an antiseptic soap solution approved by the Health
Officer, or a 70% alcohol solution. The area shall be allowed to dry.
(L)
No tattooing, body piercing, beading and/or body jewelry establishment
may attempt to remove a tattoo, body piercing, beading or body jewelry
from any person or allow such a procedure to take place on its premises.
(M)
No holder of a license hereunder, or the servant or employee of such
holder, shall tattoo, body pierce, bead or insert body jewelry upon
any person under the age of 18 years without first obtaining a written
parental authorization. All parental authorizations shall be maintained
on file and be available for inspection for a period of seven years.
Proof of age must be required of all patrons.
(N)
Animals shall not be permitted in the tattooing, body piercing, beading
and/or body jewelry establishment, except where permitted by state
law.
(O)
All clean and ready-to-use needles 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.
(P)
A steam sterilizer (autoclave) shall be provided for sterilizing
reusable needles 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 the minimum pressure
of 15 pounds per square inch, and a minimum temperature of 2,400°
F. The autoclave shall be provided with a thermometer reading +20
accuracy, and an accurate steam pressure gauge. Alternate sterilizing
procedures may only be used when specifically approved by the Health
Officer.
(Q)
The needles and instruments required to be sterilized shall be so
used, handled and temporarily placed during tattooing, body piercing,
beading and/or body jewelry so that they not be contaminated. Animals
are not to be tattooed, body pierced, beaded or body jeweled with
any of the instruments used in tattooing, body piercing, beading and/or
body jewelry customers.
(R)
No person, customer or patron having any skin infection or other
disease of the skin or any communicable disease shall be tattooed,
body pierced, beaded or body jeweled. All infections resulting from
the practice of tattooing, body piercing, beading and/or body jewelry
which become known to the operator shall promptly be reported to the
Health Officer by the person owning or operating the tattooing, body
piercing, beading and/or body jewelry establishment.
(S)
All pigments, dyes, colors and the like used in tattooing, body piercing,
beading or body jewelry shall be sterile and free from bacteria, virus
particles and noxious agents and substances.
(T)
All bandages and surgical dressings used in connection with the tattooing,
body piercing, beading and/or body jewelry of a person shall be sterile.
(U)
In order to carry out the intent of this chapter, the Borough Board
of Health may promulgate, from time to time, rules and regulations
pertaining to the requirements of sanitation, cleanliness, adequacy
of facilities, equipment and operation of a tattooing, body piercing,
beading and/or body jewelry establishment consistent with this chapter.
[Ord. 654, passed 4-2-2001]
(A)
Tattooing, body piercing, beading and/or body jewelry establishment
license may be suspended or revoked by the Health Department upon
the occurrence of any of the following events:
(1)
The application for such license contained a false statement(s);
(2)
The operator has violated the provisions of this chapter; and/or
(3)
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 tattooing; body piercing, beading and/or
body jewelry establishment.
(B)
The Health Officer shall serve the tattooing, body piercing, beading
and/or body jewelry establishment with written notice of said suspension
or revocation, specifying the reasons therefor, before said suspension
or revocation shall become effective. Said notice shall be placed
in a conspicuous location on the premises, in a location where it
can be reasonably viewed by all patrons of the establishment. Service
of said notice shall be deemed effective if delivered to the person
in apparent charge of the tattooing, body piercing, beading and/or
body jewelry establishment.
(C)
The tattooing, body piercing, beading and/or body jewelry establishment
shall have the right to a hearing on said suspension or revocation,
which hearing shall be held before the Board of Health within 10 days
after the service of the notice of such suspension or revocation,
whether or not the suspension or revocation was effective immediately.
The Board of Health shall uphold, reverse or modify such suspension
or revocation.
[Ord. 654, passed 4-2-2001]
In addition to the revocation and suspension of any license,
as provided in 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 $1,000 and costs of
the action. In default of payment of such fine and costs, such person
may be sentenced and committed to the county prison for a period not
exceeding 30 days. Each day that a violation exists shall constitute
a separate violation.
