[HISTORY: Adopted by the Board of Health
of the Borough of Madison 6-3-2024 by Ord. No. BH-2024-1. Amendments noted
where applicable.]
The following terms, as used in this chapter, shall mean:
The practice of physical body adornment using the following
techniques, but does not include ear piercing:
Any place or premises, whether public or private, temporary,
or permanent in nature or location, where the practices of body art,
whether or not for profit, are performed.
Puncturing or penetration of the skin of a person using pre-sterilized
single use needles and the insertion of pre-sterilized or disinfected
jewelry or other adornment thereto in the opening. Body piercing shall
not include ear piercing as defined in this chapter.
The puncturing of the ear lobe and the trailing edge of the
ear using a presterilized single-use, stud-and-clasp ear-piercing
system following the manufacturer's instructions.
A registered environmental health specialist or Health Officer
representing the Department of a local health agency with jurisdiction.
A physician or physician assistant licensed by the State
of New Jersey pursuant to Title 45 of the Revised Statutes who is
acting within the licensee's applicable scope of practice, as
determined by the applicable licensing board.
Any object implanted fully under the skin.
A permanent cosmetics procedure as defined in N.J.A.C. 8:27-1.1
et seq., or as the same may be from time to time amended and supplemented.
The micropigmentation or intradermal implanting of inert
pigments, colors, and/or dyes, which results in permanent alteration
of tissue to gain a cosmetic effect as defined in N.J.A.C. 8:27-1.1
et seq., or as the same may be from time to time amended and supplemented.
Any method of placing ink or other inert pigment into or
under the skin or mucosa by the aid of needles or any other instrument
used to puncture the skin, resulting in permanent coloration of the
skin or mucosa. This includes all forms of permanent cosmetics.
A.
No person, firm or corporation shall operate any establishment or
utilize any premises in the Borough of Madison for the purpose of
body piercing, permanent cosmetics, microblading, or introducing implants.
This prohibition shall not apply to licensed healthcare practitioners
who offer such procedures within a medical office or facility and
within the scope of practice as determined by the applicable licensing
board and Health Authority.
B.
No person, firm, or corporation shall operate a temporary establishment
as defined in N.J.A.C. 8:26-1.1 et seq. in the Borough of Madison
for the purpose of body piercing, ear piercing, permanent cosmetics,
microblading, or introducing implants. This prohibition shall not
apply to licensed healthcare practitioners who offer such procedures
within a medical office or facility and within the scope of practice
as determined by the applicable licensing board and Health Authority.
A.
No person, firm, or corporation shall operate any establishment or
utilize any premises in the Borough of Madison for the purpose of
ear piercing without first applying for and obtaining a license from
the Borough Health Department.
B.
Applications for initial licenses and renewal thereafter shall be
made on forms promulgated by the Borough Health Department and shall
include all applicable documentation required by N.J.A.C. 8:27, or
as the same may be from time to time amended and supplemented.
C.
Licenses shall be valid from January 1 to December 31 of each calendar
year and shall be renewed annually upon payment of the required fee
and after inspection.
D.
No license shall be issued without the establishment having been
inspected for compliance with this chapter and all applicable provisions
N.J.A.C. 8:27, or as the same may be from time to time amended and
supplemented.
E.
Licenses shall be displayed in a conspicuous place and unobstructed
near the establishment's public entrance, where it may be readily
viewable by all patrons.
F.
Licenses granted under this chapter shall only be valid for the licensee
to whom it was granted and shall not be transferable.
G.
Licenses granted under this chapter shall only be valid for the premises
for which it was issued and shall not be transferable to another premises.
A.
At least one hand sink with hot and cold running water under pressure,
and equipped with wrist, foot, or sensor-operated controls and supplied
with liquid soap and disposable paper towels shall be readily accessible
and operational in the area or room where ear piercing will be performed.
All hand sinks shall conform with the requirements of the New Jersey
Uniform Construction Code.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
B.
No ear piercing shall be done on a skin surface that has a rash,
pimples, boils, infections, scar tissue or manifests any evidence
of unhealthy conditions.
C.
The ear-piercing work area or room shall be physically separate from
the customer area so as to prevent the entry of patrons or other persons
other than employees, the individual undergoing ear piercing, or adults
accompanying minors undergoing ear piercing.
D.
Smoking, eating, or drinking by anyone shall be prohibited in the
ear-piercing work area or room.
E.
All floors and walls shall be made of smooth, nonabsorbent, and nonporous
material that is easily cleanable in the ear-piercing work area or
room.
F.
Furniture used for ear piercing procedures shall be of nonporous
materials and cleaned and sanitized after each use.
G.
Controls shall be used to minimize or eliminate the presence of rodents,
flies, roaches, and other vermin. The premises shall be kept in such
condition as to prevent the breeding, harborage, or feeding of vermin.
H.
No live animals shall be kept or allowed in the area where ear piercing
is conducted. An exception shall be made for service animals, which
shall be permitted for the purpose of accompanying disabled persons.
I.
No licensee shall perform renovations or alterations to a licensed
premises without first having submitted plans and specifications to
and having received written approval from the Borough of Madison Health
Department.
A.
The Health Officer or her/his designee may revoke licenses issued
under this chapter at any time and summarily order the licensed establishment
closed when, in the opinion of the Health Officer or her/his designee,
such action is necessary to abate an existing or threatened menace
to public health, violation of this chapter or N.J.A.C. 8:27-1 et
seq.
B.
Immediate closure shall be in addition to and shall supplement any
other penalty or remedy that may be authorized by N.J.A.C. 8:27-1.1
et seq., or as the same may be from time to time amended and supplemented.
C.
The licensee shall be entitled to a hearing before the Board of Health
for the purpose of seeking reinstatement of a revoked license. Written
notice of the time and place of such a hearing shall be served upon
the licensee at least three days prior to the date set for such hearing.
Notice may be given either by personal delivery thereof to the person
to be notified or be deposited in the United States Post Office in
a sealed envelope, postage prepaid, addressed to such person to be
notified at the business address for such license.
D.
At the hearing and before the Board of Health, the licensee shall
have an opportunity to answer and may thereafter be heard, and upon
due consideration and deliberation by the Board of Health, the complaint
may be dismissed, or if the Board of Health concludes that the charges
have been sustained and substantiated, it may deny reinstatement of
the license and stipulate the conditions required for reinstatement
of the license.
A.
Enforcement authority for this chapter shall be by the Borough Health
Officer or her/his designee.
B.
The Health Officer or designee shall, after giving proper identification,
inspect any matter, thing, premises, place, person, record, vehicle,
incident, or event as necessary to execute his or her official duties
in a manner prescribed by law.
C.
Refusal to allow an inspection shall be a violation of this chapter.
A person who violates the provisions of this chapter shall be
liable to a penalty of not less than $500 for the first violation,
not less than $1,000 for the second violation, and not less than $1,500
for the third and each subsequent violation.
The Borough of Madison Health Department adopts by reference the provisions of Title 8, Health, Chapter 27, Body Art and Ear-Piercing Facility, as if set forth herein and made a part of the enforcing authority hereof.
