As used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings ascribed to them respectively:
means a liquid or semi-liquid substance that is approved
by the U.S. Food and Drug Administration, as indicated on the label,
to reduce the number of microorganisms present on the skin and on
mucosal surfaces.
means disease causing microorganisms that, when present in
the blood, can be transmitted to humans. These microorganisms include,
but are not limited to, hepatitis B virus (HBV), hepatitis C virus
(HCV) and human immunodeficiency virus (HIV).
means the practice of physical body adornment including,
but not limited to, the following techniques: body piercing, tattooing
or application of permanent cosmetics.
means the area within a building or other location in which
a practitioner performs body piercing, tattooing or application of
permanent cosmetics, including the preparation and procedure area,
as defined in this chapter.
means the creation of an opening in the human body for the
purpose of inserting jewelry or decorative objects. This includes,
but is not limited to, piercing of an ear, lip, tongue, nose, belly
button, cheek, forehead or eyebrow. Body piercing does not, for the
purpose of this chapter, include piercing the leading edge or earlobe
of the ear with a sterile, disposable, single-use stud or solid needle
that is applied using a mechanical device to force the needle or stud
through the ear.
means any individual who receives a body piercing, tattoo
or application of permanent cosmetics from a practitioner as defined
in this chapter.
means a product that is approved by the U.S. Environmental
Protection Agency, as indicated on the label, to reduce or eliminate
the presence of disease causing microorganisms.
means the Orange County Health Officer or his or her designee.
means any tattooing, body piercing or permanent cosmetics
equipment or device that comes into contact with intact skin, non-intact
skin or mucosal surfaces. Such equipment includes, but is not limited
to, needles, needle bars, needle tubes, forceps, hemostats, tweezers,
razors, razor blades or other tools and devices used to insert pigment
or pierce the skin or mucosal surfaces of the human body. Such equipment
also includes studs, hoops, rings or other decorative jewelry, materials
or apparatuses inserted into any part of the body for the intended
purpose of placement in a hole resulting from piercing.
means the application of pigments inserted into or under
the surface of human skin for the purpose of permanently changing
the color or appearance of the skin. This includes, but is not limited
to, permanent eyeliner, eye shadow or lip color.
means an individual that performs tattooing, body piercing
or who applies permanent cosmetics as defined in this chapter.
means a room or a designated portion of a room that is used
to clean and sterilize reusable instruments that are used for tattooing,
body piercing or permanent cosmetics.
means a room or a designated portion of a room where tattooing,
body piercing or the application of permanent cosmetics is performed.
means the person having general control and management over
the conduct of business at a body art facility, or the person operating
such establishment, whether or not such person is the legal owner
of the premises or the business.
means any individually packaged, single-use instruments,
devices and/or needles that are obtained after processing to render
them free of all microbial life forms. Each package shall have the
manufacturer's processing identification number and date of expiration.
means any instrument or object, including, but not limited
to, needles or razor blades, that has been used to penetrate the skin
or mucosa to perform tattooing, body piercing or the application of
permanent cosmetics or otherwise contaminated by coming into contact
with blood or surfaces that have not been disinfected or sterilized.
means the complete destruction of all microbial life forms
including spores. Sterilization includes the use of an appropriate
and approved method of testing so as to ensure sterilization.
means to pierce or puncture the human skin with a needle
or other instrument for the purpose of the application of pigments
or the inserting of pigment under the surface of the skin; the application
of pigments or inks inserted into or under the skin for the purpose
of producing a mark or by production of scars.
(Ord. 1486 § 1, 2008)
(a)
Prior
to registration as a body art practitioner with the County Health
Department, all body art practitioners shall complete and submit proof
of completion, of an exposure control training program that meets
or exceeds the requirements of this chapter.
(b)
The person conducting the training shall be knowledgeable in the subject matter covered by the elements defined in subsection (d).
(c)
The
organization providing the exposure control training shall provide
appropriate written training materials to each trainee.
(d)
The
content of the exposure control training program shall include:
(1)
California Occupational Safety and Health Administration Bloodborne
Pathogens Standard and other applicable standards and regulations
with pertinent explanations;
(2)
The causes, control, and symptoms of the diseases caused by bloodborne
pathogens;
(3)
The modes of transmission of bloodborne pathogens;
(4)
A discussion of risks involved in body piercing and the application
of tattoos and permanent cosmetics and how they may lead to exposure
to bloodborne pathogens for the client or body art practitioner;
(5)
The use of personal protective equipment such as disposable gloves
and an explanation of the limitations of the equipment;
(6)
The importance of hand washing and a demonstration of the hand washing process as described in Section 7.65.080;
(7)
The types, proper technique and order of tasks before and after putting
on and removing gloves to avoid cross-contamination;
(8)
Activities that compromise a disinfected work area, a sterile procedure
site, inks and pigments, sterile instruments and disinfected skin
area;
(9)
Choosing, using and storing disinfectants and antiseptics;
(10)
Signs required for contaminated materials and the importance of labeling
chemicals and supplies;
(11)
Information on hepatitis B vaccine, including its efficacy, safety
and method of administration;
(12)
What constitutes a bloodborne pathogen exposure incident, including:
(A)
How the exposure occurred and what actions are to be taken to prevent
or minimize future exposures,
(B)
Risk of infection following a bloodborne pathogen exposure incident,
(C)
Procedures to be followed after an exposure incident, including medical
follow-up,
(D)
Opportunity for interactive questions and answers with the instructor.
(Ord. 1486 § 1, 2008)
(a)
Each
proprietor shall establish, maintain and follow, at each body art
facility, a written infection prevention and control plan.
(b)
The
Infection prevention and control plan shall include, at a minimum,
the following:
(1)
Procedures for cleaning and disinfection of surfaces in the preparation
and procedure areas;
(2)
Procedures for maintaining the sterility or integrity of instruments,
equipment and other material used during tattooing, body piercing
or permanent cosmetics;
(3)
Procedures for cleaning, packaging, sterilizing, and storing reusable
instruments and equipment;
(4)
Procedures for safe handling and disposal of sharps waste;
(5)
Inventory (names, manufacturers, container size) of all chemicals
and disinfectants and their intended use;
(c)
The
Infection prevention and control plan shall be revised by the proprietor
whenever changes in practices or procedures are made;
(d)
The
proprietor shall be responsible for ensuring that the Infection prevention
and control plan is followed.
(Ord. 1486 § 1, 2008)
(a)
The
health permit shall be posted in a conspicuous place in the lobby
of the body art facility.
(b)
Body
art facilities shall not be used as a food establishment, for human
habitation or any other use which may cause contamination of instruments
or equipment used for body art activities.
(c)
The
floors, furnishings and equipment of body art facilities shall be
kept clean at all times during business hours.
(d)
Adequate
lighting and ventilation shall be provided in the preparation and
procedure areas.
(e)
Adequate
toilet facilities shall be available. Toilet rooms and bathrooms shall
not be used for the storage of instruments or other supplies used
for body art activities.
(f)
Rooms
used for tattooing, body piercing or permanent cosmetic procedures
shall be separated by a wall or partition from those areas used for
nail, hair and other activities.
(g)
All
sinks shall be supplied with hot (one hundred ten degrees minimum)
and cold running water.
(h)
A
sink that is readily accessible to the body art practitioner shall
be provided and equipped with liquid soap and single use paper towels
dispensed from wall-mounted dispensers that protect the supply from
contamination.
(i)
Pets
or other animals shall not be allowed in the body art facility, except
for trained guide or assistance animals for the disabled. No trained
guide or assistance animal shall be allowed in the procedure or preparation
area.
(j)
No
person shall utilize or maintain in a body art facility body art equipment
that does not comply with the requirements of this chapter, unless
that equipment is maintained in an appropriately secure viewing area
maintained for historical purposes only.
(k)
The
proprietor shall maintain the body art facility and the general premises
under the control of the proprietor in a clean and sanitary manner.
(l)
All
solid surfaces and objects in the procedure area and preparation area
shall be immediately cleaned and disinfected after each use with an
appropriate bleach solution or other Environmental Protection Agency
(EPA) registered disinfectant that is labeled as tuberculocidal. Manufacturer's
instructions for concentration, contact time and disposal requirements
for all disinfectants must be observed.
(m)
The
practitioner shall wear disposable gloves on both hands when touching,
cleaning or handling a surface or object soiled or potentially soiled
with blood. Disposable gloves worn by the body art practitioner shall
be promptly removed, and hands immediately washed whenever the practitioner
leaves a procedure or preparation area.
(n)
Each
procedure and preparation area shall have waste receptacles, which
are lined with plastic bags manufactured for use in waste containers
that fold over the top margin of the waste container.
(Ord. 1486 § 1, 2008)
(a)
Instruments
that pierce the skin or touch non-intact skin that will be reused
shall be cleaned, packaged in appropriately labeled sterilizer pouches
and sterilized prior to reuse.
(b)
Used
instruments that will be sterilized and reused shall be placed in
a container of clean water until cleaned and sterilized. Used instruments
must be kept physically separated from sterilized or unused disposable
instruments. Disposable instruments must be disposed of directly into
a sharps container or into the appropriate trash receptacle after
use.
(c)
Ultrasonic
cleaners, if used, shall be maintained and operated according to manufacturer's
instructions.
(d)
If
an ultrasonic cleaner is not available, instruments shall be cleaned
and disinfected manually by scrubbing with a brush and a disinfectant
used according to manufacturer's instructions.
(e)
Clean
instruments to be sterilized shall be first placed in sterilizer pouches
that contain either a sterilizer indicator or internal temperature
indicator. Each pack shall contain instruments for not more than one
client. The outside of the pack shall be labeled with the name of
the instrument, date sterilized and initials of the person operating
the equipment.
(f)
Instruments
must be repackaged and re-sterilized if the pouch is torn or otherwise
compromised, if the indicator shows that adequate temperature was
not reached or if the item is not used within six months of the date
of sterilization.
(g)
Sterilized
instruments must be maintained and stored in sterilized pouches until
use.
(h)
Sterilizers
shall be operated according to manufacturer's instructions. If manufacturer's
instructions cannot be obtained, steam sterilization shall be accomplished
in an autoclave with at least fifteen pounds of pressure per square
inch at a temperature of two hundred fifty degrees Fahrenheit for
at least thirty minutes or as instructed by the local health officer
should the standards for sterilization change from time to time.
(i)
Liquid
sterilants shall not be used to sterilize instruments.
(j)
Sterilized
instruments shall be placed in clean, dry, labeled containers or stored
in a labeled cabinet that is protected from dust and water contamination.
(k)
Sterilization
equipment shall meet the following requirements:
(1)
Only sterilizers intended for medical instruments shall be used.
Sterilization equipment shall be cleaned, and maintained according
to manufacturer's instructions.
(2)
Sterilization equipment shall be tested after the initial installation,
after any major repair, and at the frequency recommended by the manufacturer.
If no manufacturer's recommendation can be found, then the unit shall
be tested at least weekly utilizing a biological monitoring system
appropriate for the sterilizer type.
(3)
Biological indicator test results shall be maintained on site and
available for review for a period of two years subsequent to the date
of the results.
(Ord. 1486 § 1, 2008)
(a)
A
practitioner using only purchased, disposable, single use and pre-sterilized
instruments shall not be required to have sterilization equipment.
(b)
Invoices
for the purchase of all pre-sterilized instruments must be maintained
onsite and available for review for a period of two years after purchase.
Required invoices include but are not limited to combo couplers, needle
chambers, barrels, casings, tips and needles.
(Ord. 1486 § 1, 2008)
(a)
No
body art procedures shall be performed on skin surface areas containing
any rash, pimples, boils, or infection or otherwise manifesting any
evidence of unhealthy conditions including but not limited to any
evidence of inflammation, such as redness, swelling, infection or
open or draining lesions.
(b)
Prior
to receiving a tattoo, body piercing or permanent cosmetics, the client
shall read, sign and receive a copy of an informed consent form and
post-procedure instructions appropriate to the procedure.
(c)
A
copy of the signed informed consent form and post procedure instructions
for all body art procedures must be maintained onsite and available
for review for a period of two years after the procedure is performed.
(d)
The
consent form and post-procedure instructions shall include at a minimum,
the following:
(1)
Record of information from the client's picture identification showing
the name, date of birth, gender, address of client and driver's license
or identification card number.
(2)
A summary, including the date, location and description of the procedure.
(3)
What to expect following the procedure, including any medical complications
that may occur as a result of the procedure.
(4)
A statement regarding the permanent nature of body piercing, tattooing
or permanent cosmetics.
(5)
A questionnaire regarding a client history of herpes, diabetes, allergic
reactions to latex or antibiotics, hemophilia or any other bleeding
disorder or the use of anticoagulants, which might affect the healing
of the tattoo, and of cardiac valve disease or of being prescribed
antibiotics prior to dental or surgical procedures.
(6)
Post-procedure instructions on the care of the site of the tattoo,
body piercing or permanent cosmetics.
(7)
Post-procedure restrictions on activities such as bathing, swimming,
gardening or contact with animals.
(8)
Information regarding signs and symptoms of infection and to immediately
consult a physician if any of the listed signs and symptoms of infection
occur.
(Ord. 1486 § 1, 2008)
(a)
No
body art operations shall be performed unless the practitioner is
free of pustular skin lesions and any communicable diseases that could
be transmitted in the normal practice of body art.
(b)
No
practitioner shall eat, drink or smoke while performing a body art
procedure.
(c)
No
practitioner shall perform a body art procedure with unclean hands.
For purposes of this section, hands shall not be considered clean
unless they have been thoroughly washed with soap from a single service
dispenser and warm water vigorously rubbing all surfaces of lathered
hands for at least ten seconds, followed by thorough rinsing under
a stream of water. Hands shall be dried using single service towels
from a sanitary dispenser or hot air blower. Practitioners shall wear
new, disposable exam gloves for every client during the procedure.
Gloves shall be discarded between each client, and hands shall be
washed each time gloves are changed. If a glove is pierced, torn,
or contaminated by coming into contact with any other person, or contaminated
surface, both gloves shall be removed and discarded. A single pair
of gloves shall not be used on more than one person.
(Ord. 1486 § 1, 2008)
No body art operation shall be performed unless the skin is
adequately prepared prior to the operation. For purposes of this section,
skin shall be considered properly prepared if it is thoroughly cleaned
with an antiseptic according to manufacturer's instructions. If necessary,
the skin shall be shaved with a new, single use disposable razor.
(Ord. 1486 § 1, 2008)
(a)
All
inks, pigments, petroleum jellies, soaps and other reusable products
used in a procedure shall be dispensed from containers in a manner
to prevent contamination of the original container and its contents.
(b)
Pigments
shall be placed into clean single use cups or caps that shall be disposed
of immediately upon completion of the procedure.
(c)
Single-use
rinse cups shall be disposed of immediately upon completion of the
procedure.
(d)
Reusable
rinse cups shall be cleaned and disinfected upon completion of the
procedure.
(e)
All
inks, dyes or pigments used shall be commercially manufactured for
the procedure and shall be used according to manufacturer's instructions.
(f)
All
products applied to the skin including stencils shall be single use
and disposed into a waste receptacle after the procedure.
(g)
Needles
and needle bars shall be sterilized prior to tattooing or shall be
purchased pre-sterilized. Needles shall be used only once and then
disposed of. When the needle bar is to be reused the used needles
shall be either carefully removed from the needle bar to reduce the
risk of needle stick injury to the practitioner and disposed of in
a sharps container, or the needle bar and needles shall be first cleaned
by soaking in a disinfectant and cleaning with a brush or cleaning
in an ultrasonic cleaner, and then the needles removed from the needle
bar and disposed of in a sharps container.
(h)
If
a rotary pen, or traditional coil machine that reuses components is
used, then the use of sterilization equipment shall be required for
sterilization of the reusable parts that make contact with the client
or blood.
(i)
All
rotary pens and other devices used to apply pigments must be designed
and used to prevent backflow of pigments into the machine.
(Ord. 1486 § 1, 2008)
(a)
All
jewelry or other objects to be placed in newly pierced skin shall
be sterilized, or purchased presterilized, be in good condition, and
be designed and manufactured for insertion into the intended body
part.
(b)
Only
jewelry or other objects made of implant grade stainless steel, solid
14K through 24K gold, niobium, titanium, platinum or other materials
determined to be equally bio-compatible shall be placed in newly pierced
skin.
(Ord. 1486 § 1, 2008)
(a)
Each
procedure area shall have a container for the disposal of sharps waste
that is rigid, puncture resistant, leak proof and that is closeable
and sealable so that when sealed, the container cannot be reopened
without great difficulty. The container must be labeled with the words
"sharps waste" or with the international biohazard symbol and the
word "BIOHAZARD."
(b)
All
sharps waste produced during the process of tattooing, body piercing
and permanent cosmetics shall be disposed of by one of the following
methods:
(1)
Steam sterilized on-site and disposed of as solid waste. If this
method is utilized, a chemical indicator strip or tape that indicates
that the container has been treated must be affixed prior to sterilization,
and shall stay affixed to the container when it is disposed.
(2)
Treated on-site by a method approved by the health officer and disposed
of as solid waste.
(3)
Removal and disposal through use of a registered medical waste hauler
in accordance with the provisions of the California Medical Waste
Management Act. Tracking documents must be maintained on-site and
be available for review for a period of two years from the date of
removal from the body art facility.
(Ord. 1486 § 1, 2008)
A practitioner may practice, for no more than seven days in
a ninety-day period, in a temporary booth that:
(a)
Is
constructed with a barrier or partition at least three feet high separating
the procedure area from the public.
(b)
Has
adequate light where the practitioner is performing tattooing, body
piercing or the application of permanent cosmetics.
(c)
Is
equipped with hand washing equipment that, at a minimum consists of
liquid soap, single use paper towels, and a container of potable water
with a spigot and a closeable container to catch the wastewater. The
potable water container shall be filled regularly to ensure an adequate
supply of water for hand washing.
(d)
Either
utilizes only purchased pre-sterilized instruments or sterilization
equipment that is accessible by means of a centrally located autoclave
that any body art practitioner may use or an individual autoclave
at the booth.
(Ord. 1486 § 1, 2008)
In addition to the permit issued for each body art temporary
booth, the person or organization that is in control of any event
at which two or more temporary booths operate shall obtain a permit.
This permit shall specify all the areas and facilities at the event
site to be utilized by the temporary booths and the responsibilities
of the person or organization issued the permit, including but not
limited to, ensuring compliance with this chapter by the temporary
booths at the event. The person or organization in control of or sponsoring
the event shall submit a permit application and a site plan to the
health officer at least two weeks prior to the event. The site plan
shall show the proposed locations of the temporary booths, restrooms,
and all shared equipment such as autoclaves.
(Ord. 1486 § 1, 2008)
A practitioner may not practice mobile body art in a vehicle
within the city limits.
(Ord. 1486 § 1, 2008)
The health officer or his or her designee is charged with the enforcement of this chapter, except for Sections 7.65.210, 7.65.220 and 7.65.230. The police and code enforcement staff are also authorized to enforce this chapter, including Sections 7.65.210, 7.65.220 and 7.65.230. The health officer may, during the establishment's hours of operation and other reasonable times, enter, inspect, search and secure samples, photographs, or other evidence from any body art facility, or any location suspected of being a body art facility, for the purpose of enforcing this chapter. It is a violation of this chapter for any person to refuse to permit entry or inspection, the taking of samples or other evidence, or access to the facility in order to copy any record as authorized by this chapter, or to conceal any samples or evidence, or withhold evidence concerning them. A written report of the inspection shall be made and a copy shall be supplied or mailed to the proprietor or practitioner of the body art facility.
(Ord. 1486 § 1, 2008)
(a)
Every
practitioner as defined in this chapter shall register with the county
health department and shall have on display so as to be readily visible
to the public proof that shows that the practitioner has registered,
as specified in Health and Safety Code Section 119303.
(b)
Registration
of all practitioners is required every three years.
(Ord. 1486 § 1, 2008)
A body art facility or temporary booth shall not be open for
business without a valid Orange County health permit and city business
license, including any required zoning clearance or zoning permit.
The health officer shall issue a health permit when inspection has
determined that the proposed body art facility and its method of operation
will conform to the requirements of this chapter. A health permit,
once issued, is nontransferable. A health permit shall be valid only
for the proprietor and location approved.
(Ord. 1486 § 1, 2008)
Violation of any section of this chapter by the proprietor or
practitioner shall constitute a misdemeanor and upon conviction thereof
shall be punishable by a fine not to exceed one thousand dollars per
day per violation or by imprisonment in the county jail for a term
not exceeding six months, or both such fine and imprisonment. Each
day the violation continues and is not corrected shall be a treated
as a separate and distinct violation.
(Ord. 1486 § 1, 2008)
(a)
Whenever
the health officer finds that a body art facility is not in compliance
with the requirements of this chapter, a written inspection notice
shall be issued to the proprietor. If the proprietor fails to comply,
the health officer shall issue to the proprietor, a notice of violation
setting forth the acts or omissions with which the proprietor is charged.
Failure to comply with the notice of violation within the noted timeframe
may result in permit suspension.
(b)
If
any immediate danger to the public health or safety is found, unless
the danger is immediately corrected, the health officer may temporarily
suspend the permit and order the body art facility immediately closed.
Immediate danger means any condition, based upon inspection findings
or other evidence that may cause disease transmission, including,
but not limited to:
(c)
Whenever
a health permit is suspended as the result of an immediate danger
to the public health or safety, the health officer shall issue to
the proprietor a notice setting forth the acts or omissions with which
the proprietor is charged.
(d)
Any
body art facility for which the health permit has been suspended shall
close and remain closed until the health permit has been reinstated.
(e)
Where grounds for denial, suspension, nonrenewal or revocation of a permit exist, the police, health officer or code enforcement staff shall serve the applicant or permit holder with a notice which shall state the reasons for the proposed action, the effective date of the action, and of the right to appeal the action to the city council per Chapter 2.02. The decision of the city council shall be final. The health officer and/or code enforcement staff shall be given notice of any appeal hearings and shall participate in the appeal hearing if requested by the city council.
(Ord. 1486 § 1, 2008)
(a)
No
body art facility shall operate except between the hours of eight
a.m. and ten p.m. daily.
(b)
The
hours of operation shall be posted in a conspicuous place in the lobby
of the establishment and in a window or other location visible from
the outside.
(Ord. 1486 § 1, 2008)
(a)
Each
body art facility shall have a manager on the premises during all
hours of operation who shall be responsible for the operations and
maintenance of the facility, for compliance with all licensing requirements
and to observe and supervise the actions of all persons on the premises.
(b)
Each
body art facility shall provide a lobby or other seating area where
customers and other invitees of the business may be seated while waiting
or otherwise not having body art applied.
(c)
No
body art facility shall knowingly permit loud, boisterous, lewd, violent
or threatening behavior by clients or staff while in the facility
or in any parking lot or other adjacent area under the control of
the body art facility.
(Ord. 1486 § 1, 2008)
(a)
No
body art facility shall be operated in a manner which constitutes
a nuisance.
(b)
Operation
of a body art facility in violation of this chapter or applicable
penal or health statute of the state of California shall constitute
a public nuisance.
(c)
A
body art facility may be found to be a nuisance on the basis of multiple
violations of this chapter, or any penal or health statute of the
state of California or of multiple complaints which have been the
resolved against the proprietor.
(Ord. 1486 § 1, 2008)
The provisions of this chapter are intended to supplement applicable
state law and to be in addition to, and not in conflict with such
laws. Each section and subsection shall remain in effect until the
enactment of state laws or the promulgation of state regulations that
conflict with or otherwise preempt the authority of the Orange County
health department or the city of Laguna Beach to control the conduct
described in this chapter.
(Ord. 1486 § 1, 2008)
