As used in this chapter, unless the context clearly indicates
otherwise, the following terms shall have these meanings:
"Health officer"
shall mean the health officer of the county of Orange Health
Care Agency or his designee, who shall be charged with the enforcement
of the provisions of this chapter.
"Operator"
shall mean any person whether the proprietor or another person,
who administers a tattoo to any customer of a tattoo or dermatography
establishment.
"Proprietor"
shall mean the person having general control and management
over the conduct of business at a tattoo or dermatography establishment,
whether or not such person is the legal owner of the premises or the
business.
"Tattoo"
shall mean an indelible mark or figure fixed upon a body
by insertion of pigment under the skin or by production of scars.
"Tattoo or dermatography establishment"
shall mean the premises used for the business of marking
or coloring the skin with tattoos, and all furnishings, equipment,
instruments, dyes and inks, and other facilities maintained therein
incidental to such use.
(Ord. 2232 § 1, 1994)
A. All
tattooing establishments shall be equipped with running hot and cold
water, with adequate toilet facilities and with all appliances, furnishings
and materials as may be necessary to enable persons employed in and
about such establishments to comply with the requirements of this
section.
B. The
floors, furnishings and equipment of tattooing establishments shall
be kept clean at all times during business hours. For purposes of
this paragraph, a floor shall not be considered clean if it has not
been swept and mopped within the preceding 24 hour period.
C. All
operating tables in tattooing establishments shall be constructed
of metal with white enamel or porcelain finish, or stainless steel.
D. Each
tattooing establishment shall have adequate lighting and ventilation.
For purposes of this paragraph, lighting and ventilation shall be
considered as inadequate if it fails to comply with a standard prescribed
by the health officer.
E. No tattooing
establishment shall be used as a sleeping room or dormitory.
(Ord. 2232 § 1, 1994)
A. Operators
of tattooing establishments shall, on request of the health officer,
submit in writing to the health officer the source of all dyes or
inks retained for use in tattooing or dermatography operations, and
thereafter shall notify the health officer in writing of any dyes
or inks obtained for use in tattooing or dermatography operations
from any source other than those previously submitted.
B. No dyes
or inks from any sources which have been disapproved by the health
officer shall be retained available for use in tattooing operations.
(Ord. 2231 § 1, 1994)
No pigments, dyes or equipment shall be retained available for
use in tattooing operations unless cleaned and sterilized as provided
herein. For purposes of this provision, equipment shall include needles,
needle tubes, towels, blade holders, wiping cloths, paper towels and
napkins, charcoal, gauze bandages (unless purchased in individual
sterile packages), and all similar items.
A. All
equipment shall be thoroughly cleaned with soap or detergent by use
of a brush. The interior of needle barrels shall be brushed. After
cleaning, equipment shall be thoroughly rinsed under running fresh
tap water.
B. All
equipment shall be sterilized by autoclaving. Each piece of equipment
shall be individually wrapped with paper in an approved method for
autoclaving. Metal foil shall not be used. Tattooing needles shall
be threaded through the metal tube that attaches to the tattooing
vibrator and shall be placed in a glass test tube (or autoclavable
plastic test tube) with a cotton plug for autoclaving. Wiping tissues
shall be sterilized in a single pack to be used for one tattoo and
then be discarded. All packs shall be marked with temperature recording
tape or labels.
C. Dyes
or inks shall be used form containers with a cap that completely covers
the opening and is attached to the neck of the dye container, sterilized
in an autoclave after first being filled with the dye. Dye shall be
handled utilizing aseptic techniques and the dye containers filled
with dye shall be autoclaved at least once a week or more often if
necessary to keep the dye in a sterile condition. The dyes may be
placed in Teflon squeeze bottles that will withstand autoclaving.
D. Steam
sterilization of the above-mentioned equipment shall be accomplished
in an autoclave with at least 15 pounds of pressure per square inch
(15 psi; 251 degrees Fahrenheit) for at least 15 minutes. Other means
of sterilization may be approved by the health officer.
E. All
sterilized dyes, pigments and equipment shall be stored in a manner
which will insure sterility at the time of use.
F. Proprietors
shall maintain sufficient sterilized equipment available at the beginning
of each workday to allow completion of such workday without requiring
resterilization of such equipment.
(Ord. 2232 § 1, 1994)
No stencil, whether new or used, shall be kept in a manner where
it is available for use in a tattooing operation unless it has been
precleaned and disinfected in accordance with the following procedures:
A. Each
stencil must be precleaned by scrubbing with soap, water and brush
to the extent necessary to remove all accumulations of carbon and
Vaseline in the etched grooves of the stencil.
B. Each
stencil, after being precleaned and dried, must be disinfected by
being soaked, design-cut side down, in a closed container of seventy
percent alcohol for not less than thirty minutes at room temperature.
C. Each
stencil, after being disinfected, shall be air dried for not less
than thirty minutes by being suspended in a manner exposing both sides
to the air, and thereafter shall be stored for next use in a clean
envelope.
(Ord. 2232 § 1, 1994)
No tattooing operation shall be performed on skin surface areas
containing any rash, pimples, boils or infection or otherwise manifesting
any evidence of unhealthy conditions.
(Ord. 2232 § 1, 1994)
The operator shall provide written information about blood borne
diseases and their transmission to all tattoo artists or dermatography
artists and shall maintain records to the satisfaction of the health
officer verifying that each tattoo or dermatography artist has received
this information. The operator shall also inform the customer, to
the satisfaction of the health officer, of the potential health risks
involved whenever the skin is broken, punctured or violated.
(Ord. 2232 § 1, 1994)
No tattooing operation shall be performed unless the tattoo
or dermatography artist is free of communicable diseases and/or pustular
skin lesions.
(Ord. 2232 § 1, 1994)
No operator shall smoke while performing a tattooing operation.
(Ord. 2232 § 1, 1994)
The operator shall wear a clean, light-colored, short-sleeve
smock while performing the tattooing operation.
(Ord. 2232 § 1, 1994)
No operator shall perform a tattooing operation with unclean
hands. For purposes of this provision, hands shall not be considered
clean unless they have been thoroughly washed with soap from a single
service dispenser and warm water. All surfaces of lathered hands shall
be scrubbed vigorously for at least ten seconds, followed by thoroughly
rinsing under a stream of water. Hands shall be dried using single-service
towels from a dispenser, or a hot air blower. If a liquid soap is
used, the dispenser shall be cleaned and filled with fresh soap only
when empty. Tattoo or dermatography artists shall wear protective
gloves while handling needles or blades, or doing any procedure that
may cause bleeding. Gloves shall be discarded after each customer.
(Ord. 2232 § 1, 1994)
No tattooing operation involving shaving shall be performed
unless the skin is washed with soap prior to the shaving. The blade
used in shaving shall be new and shall not have been used previously.
The blade holder shall have been autoclaved after its previous use.
(Ord. 2232 § 1, 1994)
No tattooing operation shall be performed unless the skin is
adequately prepared prior to the operation. For purposes of this provision,
skin shall be considered properly prepared if it is thoroughly washed
with soap following shaving (if needed) and thereafter scrubbed gently
three times with seventy percent isopropyl alcohol, using a separate
sterile gauze pad each time. No alternate method of skin preparation
shall be considered adequate unless approved in writing by the health
officer.
(Ord. 2232 § 1, 1994)
No tattooing operation involving the use of stencils shall be
performed unless all of the following requirements have been complied
with:
A. Each stencil must be precleaned pursuant to Section
8.10.050 of this chapter.
B. Each
stencil, having been precleaned, must be wiped with a sterile gauze
soaked in seventy percent isopropyl alcohol and air dried immediately
prior to its use in the tattooing operation.
C. Petroleum
jelly used for stencils must be obtained from a collapsible tube which
has not previously been used in any tattooing operation and must be
applied to the skin with a sterile gauze which has not been previously
used.
(Ord. 2232 § 1, 1994)
No tattooing operation shall be performed using dyes or inks of a type that has been disapproved for use by the health officer pursuant to Section
8.10.030 of this chapter.
(Ord. 2232 § 1, 1994)
No tattooing operation shall be performed unless the following
requirements have been complied with:
A. The
dye or ink used for the tattoo must be obtained from presterilized
dye or ink bottles and, prior to the tattooing operation, aseptically
transferred from such bottles into sterile paper cups which have not
previously been used in association with any tattooing operation.
The dye cup shall not be refilled.
B. No dye
or ink shall be used in which needles used on another person have
been dipped.
(Ord. 2232 § 1, 1994)
No tattooing shall be performed using equipment that has not been cleaned and sterilized in the manner set forth in Section
8.10.040.
(Ord. 2232 § 1, 1994)
Operators shall discard the following items immediately after
use in any tattooing operation:
B. Tubes
and gauze used in the application of petroleum jelly associated with
the use of stencils.
C. Paper
cups used for dye or ink.
(Ord. 2232 § 1, 1994)
The county health officer shall periodically make inspections
of tattooing establishments located in the city to determine if the
proprietor or operator of such establishment is complying with the
provisions of this chapter. The county shall, by annual board resolution,
adopt health service fees to be paid by the proprietor or operator
of the tattoo establishment. Such fees shall be paid directly to the
county health officer and retained by the county as reimbursement
for said services related to this chapter.
(Ord. 2232 § 1, 1994)
Each of the following acts or omissions shall constitute a misdemeanor
and upon conviction thereof shall be punishable by a fine of not to
exceed one thousand dollars.
A. Any
performance of a tattooing operation by an operator in violation of
any requirement or prohibition imposed by this chapter.
B. Any
failure by a proprietor to maintain a tattooing establishment in compliance
with the requirements of this chapter. For purposes of this provision,
each day that a failure to comply with the requirements of this chapter
occurs shall constitute a separate violation.
(Ord. 2232 § 1, 1994)