[HISTORY: Adopted by the Board of Health of the Borough of Pompton Lakes 10-23-2017 by Ord. No. BH 17-01. Amendments noted where applicable.]
[Added 10-23-2017 by Ord. No. BH 17-01]
This chapter shall govern all businesses that offer tattooing, permanent cosmetics, and ear and body piercing to the public with the exception of a physician who is authorized by the State Board of Medical Examiners to practice medicine, pursuant to N.J.S.A. 45:9-6 et seq. Under the authority of N.J.S.A. 26:1A-9, the provisions of this chapter are enforceable by the New Jersey State Department of Health and the Borough of Pompton Lakes, the Pompton Lakes Board of Health and their authorized agents and the Health Officer.
[Added 10-23-2017 by Ord. No. BH 17-01]
A. 
Any person desiring to construct, expand, alter, or operate a permanent cosmetic, tattooing, or ear or body piercing establishment shall apply in writing to the Board of Health for review and approval before such construction, expansion, alteration or operation is begun. Such application shall include the following information:
1. 
The applicant's legal name, home address and telephone number, full business name, business address, post office address and telephone number. The application shall also include whether the applicant is an individual, partnership, firm or corporation. If the applicant is a partnership, the names and addresses of the partners shall be included on the application. If the applicant is a corporation, the names and addresses of all corporate officers shall be included on the application;
2. 
Applications must be accompanied by a non-refundable license fee and an additional non-refundable fee for each artist performing procedures at the establishment specified on the application, as set forth in Chapter BH:7, Fees.
3. 
A statement of approval from the municipal agency responsible for the administration of planning and zoning ordinances for the proposed construction or expansion of the body art establishment;
4. 
A complete description of all services to be provided, the proposed hours of operation, the name of the operator and the names of all practitioners and their exact duties, a copy of the informed consent for each procedure;
5. 
The names and addresses of all manufacturers of processing equipment, instruments, jewelry, and inks used for any and all body art procedures;
6. 
The make, model and serial number of the applicant's steam autoclave shall be printed on the back of a photograph of the autoclave;
7. 
A copy of the manufacturer's specifications for operation of the autoclave;
8. 
A certificate of current professional malpractice liability insurance;
9. 
All construction, expansion or alteration to the building, structures, and facilities used by the public shall comply with the Barrier Free Subcode, N.J.A.C. 5:23-7.1 et seq.; and
10. 
All construction expansion or alteration, to the building, structures, and facilities shall be done in accordance with the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1.
B. 
Plans and specifications must accompany the application and shall illustrate the location of the proposed establishment and a floor plan of the establishment as it is proposed to be operated. An exact inventory of all processing equipment as it is to be used. Plans shall indicate the layout of the reception area, the procedure areas, the cleaning and sterilization area, the storage area and the toilet facilities, in accordance with the requirements set forth in N.J.A.C. 8:27-1.1 et seq.;
1. 
All construction, expansion or alteration to the building, structures, and facilities used by the public shall comply with the Barrier Free Subcode, N.J.A.C. 5:23-7.1 et seq.; and
2. 
All construction expansion or alteration, to the building, structures, and facilities shall be done in accordance with the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1.
[Added 10-23-2017 by Ord. No. BH 17-01]
A. 
No body art establishment shall be permitted to open for operation until the Board of Health has given formal approval by issuance of an appropriate license. All licenses shall expire on December 31 of each year.
1. 
The license shall be displayed in a conspicuous place on the premises where it may readily be observed by all clients.
2. 
No person shall operate a body art establishment whose license has been suspended.
3. 
Proof of professional malpractice liability insurance for each practitioner shall be provided to the Board of Health as part of the initial and renewal license application.
4. 
The operator shall provide a current copy of a negative biological indicator test result to the Board of Health as part of the initial license application.
[Added 10-23-2017 by Ord. No. BH 17-01]
A. 
The Board of Health shall inspect every body art establishment as often as the New Jersey State Department of Health deems necessary using an inspection report form approved by the New Jersey State Department of Health.
1. 
A representative of the Board of Health shall provide proper identification.
2. 
During all hours of operation, the operator shall permit access to all parts of the establishment and all pertinent records required for the inspection shall be made available to the Board of Health representative for review.
3. 
An inspection report shall identify in a narrative form any violations of this chapter and shall be cross-referenced to the section of the chapter being violated.
4. 
Results of the inspection shall be made available to the public upon request.
5. 
Should an establishment be found to be in violation of N.J.A.C. 8:27-1.1 et seq. or other provisions of this chapter and the Board of Health determines that a re-inspection is necessary, a re-inspection fee as set forth in Chapter BH:7, Fees, shall be required to be paid by the operator for every re-inspection performed until the violation(s) have been corrected within the time prescribed by the Board of Health. The fee shall be paid within 10 days of the notification of the said re-inspection requirement.
[Added 10-23-2017 by Ord. No. BH 17-01]
All provisions of N.J.A.C. 8:27, "Body Art Procedures," as may be amended and supplemented, are hereby incorporated and adopted by reference as though they were set forth verbatim and at length herein.
[Added 10-23-2017 by Ord. No. BH 17-01; amended 10-23-2017 by Ord. No. BH 17-02]
Violations and penalties shall be in accordance with Chapter BH:1.