[Adopted as amended April 2008; amended 2-19-2025]
A.
The City of Beverly promulgates this regulation to establish requirements for performing body art upon any individual or for any establishment where body art is performed. These requirements include, but are not limited to, general sanitation of premises where body art is to be performed, the use of pre-sterilized, disposable equipment, and training and education standards for body art practitioners. This regulation is necessary to protect the public's health by preventing the transmission of disease, including Hepatitis B and Human Immunodeficiency Virus (HIV/AIDS).
Means verbal and written instructions given to a client, specific to the procedure(s) rendered, about caring for the body art and surrounding area. Aftercare instructions include information about when to seek medical treatment, if necessary.
Means any solution, ointment, cream, or other product approved by the Food and Drug Administration for application to human skin to retard the growth of bacteria.
Means any person who applies to the Board of Health for any permit under this regulation.
Means an individual who has completed the minimum education requirements established in § 400-19.7A, Training and Education, but has not yet met the training requirement and is practicing under the supervision of a fully licensed practitioner.
Means a practice which prevents or hinders the transmission of disease-producing microorganisms from one person or place to another.
Means an apparatus for autoclaving.
Means a process which results in the destruction of all forms of microbial life, including highly resistant spores, through sterilization by steam pressure in an autoclave for a minimum of 30 minutes at 20 pounds of pressure (PSI) at a temperature of 270° F.
Means OSHA Regulations 29 CFR 1910.1030.
Means the Beverly Board of Health formed in accordance with MGL Ch. 111 sec. 26.
Means the practice of physical body adornment using, but not limited to, the following techniques: body piercing, tattooing, permanent makeup, branding, and scarification. Practices considered medical procedures by the Massachusetts Board of Registration in Medicine, such as implants under the skin, are not body art for purposes of this regulation, and such practices shall not be performed in a body art establishment.
Means a specified place or premise, whether public or private, that has been granted a permit by the Board and where body art is performed, whether or not for profit.
Means approval in writing by the Board of Health to operate a body art establishment.
Means a person who has been granted a permit by the Board to perform body art.
Means to operate as a specific type of body art practitioner within a body art establishment.
Means the puncturing or penetration of the skin with a needle and the insertion of jewelry or other adornments in the opening. Body piercing includes piercing of the outer perimeter of the ear but does not include piercing of the earlobe.
Means the cutting of strips of the skin which are then to be intertwined with one another.
Means inducing a pattern of scar tissue by use of a heated material (usually metal) to the skin, making a severe burn, which eventually becomes a scar.
Means the area in a body art establishment dedicated to the sterilization, sanitization, or other cleaning of instruments and equipment used for body art.
Means any liquid or semi-liquid blood or other potentially infectious material, contaminated item that would release blood or other potentially infectious material in a liquid or semi-liquid state if compressed, item that is caked with dried blood or other potentially infectious material and capable of releasing such materials during handling, sharps and any waste containing blood and other potentially infectious materials, as defined in 29 Code of Federal Regulations Part 1910.1030, known as "Occupational Exposure to Bloodborne Pathogens," or as defined as "infectious or physically dangerous medical or biological waste" in accordance with in 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII.
Means any form of tattooing (permanent pigmentation of the dermis) other than permanent makeup or cosmetic tattooing as those terms are defined herein.
See "permanent makeup."
Means to destroy disease-causing microorganisms, except bacterial spores, on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.
Means a product registered as a disinfectant by the U.S. Environmental Protection Agency (EPA).
Means the puncturing of anywhere on the ear, excluding the earlobe.
Means a stud-and-clasp ear-piercing system.
Means a piercing specifically located on the earlobe.
Means an event whereby there is an eye, mouth, or other mucus membranes, non-intact skin or parenteral contact with the blood or bodily fluids of another person or contact of an eye, mouth, or other mucous membranes, non-intact or parenteral contact with other potentially infectious matter.
Means a visiting body art practitioner possessing a temporary permit issued by the Board of Health.
Means a sink equipped with hot and cold running water under pressure, used solely for washing hands, arms, or other portions of the body. This sink shall have foot pedals or hand levers and must be plumbed to potable water supply and waste lines.
Means water that attains and maintains a temperature of at least 110° F.
Means a form signed by a client prior to a body art procedure to confirm that they agree to the procedure and are aware of any risks that might be involved.
Means a document consistent with Article XIXA of this regulation which evaluates and summarizes the observed operations, policies and procedures and records any regulatory violations by a body art establishment and/or body art practitioner or apprentice.
Means hand piercers, needles, needle bars, and other instruments that may come in contact with a client's body or may be exposed to bodily fluids during body art procedures.
Means entry into the client's body either by incision or insertion of any instruments into or through the skin or mucosa or by any other means intended to puncture, break, or otherwise compromise the skin or mucosa.
Means any personal ornament inserted into a newly pierced area.
Means an individual registered as a qualified physician by the Board of Registration in Medicine pursuant to M.G.L. c. 112 s. 2.
Is a semi permanent technique for enhancing the appearance of the eyebrows, in which pigment is scratched into the skin in fine, short strokes resembling hair, using a hand tool with a blade formed of tiny needles.
Means a mobile establishment or unit that is self-propelled or otherwise movable from place to place.
Means a notice of violations that can be served in person, by certified mail, or by an authorized individual.
Is the federal Occupational Safety and Health Administration.
Is also known as permanent or semi-permanent cosmetics, micropigmentation, microblading, dermal pigmentation, and/or cosmetic tattooing, and is a cosmetic technique which employs tattooing (permanent pigmentation of the dermis) as a means of producing designs that resemble makeup, such as eye-lining and other permanent enhancement of the skin of the face, lips, and eyelids. It is also used to produce artificial eyebrows, to disguise scars and hypopigmentation in the skin to restore or enhance the breast's areola, including areola repigmentation, such as after breast surgery.
Means any person who, alone, jointly, or severally with others, owns, controls, operates, conducts, or manages any body art establishment, whether actually performing the work of body art or not.
Means individually packaged and sterilized and having an auditable sterilization lot number from an approved sterilization facility.
Means a U.S. EPA-registered sanitizer.
Means altering skin texture by cutting the skin and controlling the body's healing process in order to produce wounds, resulting in permanently raised wheals or bumps known as keloids.
Mean any objects that can purposely or accidentally cut or penetrate the skin or mucosa, including but not limited to needles, scalpel blades, and razor blades.
Means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal and that is labeled with the International Biohazard Symbol.
Means a product or item that is intended for one-time, one-person use and is disposed of after use, including but not limited to cotton swabs or cotton balls, tissues or paper products, paper or plastic cups, gauze, sanitary coverings, razors, needles, scalpel blades, stencils, ink cups, and protective gloves. Instruments that can be properly sterilized using an autoclave are not considered single-use.
Means to destroy or eliminate all forms of microbial life under pressure, dry heat, EtO gas, hydrogen peroxide gas plasma, and liquid chemicals.
Means an individual who meets the training and education requirements established in § 400.19.7. and § 400.19.10 and who supervises apprentices.
Means an indelible mark, figure, or decorative design introduced by the insertion of dyes or pigments into or under the subcutaneous portion of the skin.
Means any method of placing ink or other pigments into or under the skin or mucosa with the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This term includes all forms of cosmetic tattooing.
Means any space where body art procedures are performed for a period of no more than 14 consecutive days in conjunction with a single event or celebration (e.g., educational, trade show, convention, public or private events, performance, product demonstration, or aesthetic shows).
Means a device that removes debris by a process called cavitation, in which waves of acoustic energy are propagated in aqueous solutions to disrupt the bonds that hold particulate matter to surfaces [Guidelines for Disinfection and Sterilization in Healthcare Facilities, 2008, Section 445].
Means the set of guidelines and controls published by the Centers for Disease Control and Prevention (CDC) as "Guidelines for Prevention of Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health-Care and Public-Safety Workers" in Morbidity and Mortality Weekly Report) (MMWR), June 23, 1989, Vol. 38 No. S-6 and as "Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures in MMWR, July 12, 1991, Vol. 40, No. RR-8. https://www.cdc.gov/mmwr/preview/mmwrhtml/00000039.htm#:#at:text=For%20universal%20precautions%2C%20 protective%20barriers.%2C%20masks%2C%20and%20protective%20evewear.
Means the area within a procedure area where a body artist performs body art. The workstation includes but is not limited to the client chair or table, counter, mayo stand, instrument tray, storage drawer, and practitioner's chair.
A.
A person must be at least 18 years old in order to obtain any permit of this regulation.
B.
Any employee or volunteer of a body art establishment must complete the OSHA course on Prevention of Disease Transmission and Bloodborne Pathogens or equivalent.
C.
No body art other than piercings may be performed on a person under the age of 18. No body piercings may be performed on a person under the age of 18 unless accompanied by a person who attests as the minor's parent or legal guardian who has signed a form consenting to such procedure.
D.
Any establishment which solely pierces the ear lobe and does so using a single-use ear piercing device and no other instruments is exempt from this regulation. An ear piercing gun may not be used on any part of the body except the ear lobe.
E.
The following practices are prohibited: scarification, branding, braiding, carving, tongue splitting; three-dimensional/beading/implementation; tooth filing, fracturing, removal or tattooing; cartilage modification; amputation; genital modification; the introduction of liquids other than saline for tattoo removal; tattooing of the genitals, sclera, cornea or iris; and piercing of any of the following: genitalia, uvula, tracheal area, neck, ankle, between the ribs or vertebrae, web area of the hand or foot, lingual frenulum (tongue web), eyelid whether top or bottom, gums, and/or deep muscles.
F.
No practitioner shall allow a client to perform body art on themselves.
G.
Mobile body art establishments are prohibited.
H.
Body art corrections may be made through the injection of a saline solution. No other tattoo or permanent cosmetics removal procedures are permitted, including abrasion or treatment with chemicals or lasers. The covering of an existing tattoo with new body art is not restricted.
I.
No animal of any kind shall be allowed in a body art establishment except a service animal trained to do work or perform tasks for the benefit of an individual with a disability, in accordance with the Americans with Disabilities Act (ADA).
J.
Body art may not be performed on animals.
K.
Smoking, vaping, eating, or drinking is prohibited in the procedure area, with the exception of nonalcoholic fluids offered to a client during or after a body art procedure.
A.
No person may operate a body art establishment without a valid establishment permit from the Board of Health. The Board shall set a fee for such permits.
B.
An application for an establishment permit shall be made on a form prescribed by and available from the Board of Health. An applicant shall submit all information required by the form and accompanying instructions. The term "application," as used herein includes both original and renewal applications.
C.
An application for an establishment permit shall be submitted to the Health Department for review. All applications meeting the eligibility and completeness requirements shall be brought before the Board of Health for final review and approval or denial.
D.
An application must contain:
(2)
The scope of procedures to be performed in the establishment;
(3)
Exposure control plan;
(4)
Where applicable, the manufacturer, model number, model year, and serial number of the autoclave used in the establishment;
(5)
A signed and dated acknowledgment that the applicant has received, read, and understood this body art regulation;
(6)
For a new or remodeled establishment, a scale drawing of the floor plan of the proposed establishment detailing the location of workstations and plumbing fixtures; and
(7)
An establishment permit shall not be renewed until the Board of Health receives at least six months of documentation of the autoclave's ability to destroy spores. For renewal applications where less than six months have passed since granting the original permit, copies of all monthly spore destruction tests must be submitted. Establishments obtaining a permit for the first time will be required to submit one test record of documentation of the autoclave's ability to destroy spores prior to issuing the initial permit. Establishments without autoclaves are exempt from this requirement.
(8)
Such additional information as the Board may reasonably require.
E.
An establishment permit shall be valid from the date of issuance or otherwise stated and shall expire per the Board of Health's permitting schedule.
F.
An establishment shall demonstrate compliance with this regulation by way of an inspection by the Board prior to the issuance of an establishment permit.
G.
An establishment shall be routinely inspected by the Board on a yearly basis to demonstrate compliance with this regulation.
H.
An establishment permit is not transferable from one place or person to another.
I.
The holder of an establishment permit must only allow those with a valid permit issued by the Board of Health to perform body art in the establishment.
J.
It is the responsibility of the establishment permit holder to ensure that all employees, contractors, and agents of the establishment understand and adhere to this regulation.
K.
Prior to any changes to a body art establishment floor plan or to the scope of procedures to be performed, the permit holder must submit a plan review application and receive approval from the Board of Health.
L.
The Department shall have 30 days to review complete plan reviews and applications. If a plan review or application is submitted incomplete to the Department, the Department reserves the right to review the plan review or application for an additional 30 days.
A.
Unless otherwise ordered or approved by the Board of Health, a body art establishment shall meet the following minimum requirements:
(1)
Physical facility.
(a)
The facility and fixtures must be in compliance with all state regulations and local ordinances.
(b)
Walls, floors, ceilings, and procedure surfaces shall be in good repair and maintained in a clean condition. All procedure surfaces, including client chairs and benches, shall be of such material as to be easily cleaned and sanitized after each client.
(c)
Walls or solid partitions extending from floor to ceiling shall separate an establishment's workstation from any other room used for any other activity that may cause contamination of work surfaces.
(d)
An establishment shall take all measures necessary to ensure against the presence or breeding of insects, vermin, and rodents within the establishment.
(e)
An establishment shall be well-ventilated and provided with an artificial light source equivalent to at least 20 foot-candles three feet off the floor, except that at least 100 foot-candles shall be provided at the level where the body art procedure is being performed and where instruments and sharps are assembled. Such areas shall exclusively use readily cleanable light fixtures with shatterproof construction or lights enclosed by a shatterproof shield.
(f)
There shall be a minimum of one restroom containing a toilet and sink. The restroom shall be provided with toilet paper, liquid hand soap, paper towels stored in a fixed dispenser, and at least one covered, foot-operated waste receptacle. A body art establishment permanently located within a retail shopping center or similar mixed-use space shall not be required to provide a separate restroom if such facility is located within 300 feet of the body art establishment so as to be readily accessible to any client or practitioner.
(g)
Restrooms shall not be used for the storage of instruments or other supplies used for body art activity.
(h)
At least one janitorial sink shall be provided for use in cleaning the establishment and properly disposing of non-contaminated liquid wastes. Said sink shall be of adequate size, equipped with hot and cold running water under pressure, and permit the cleaning of the establishment and any equipment used for cleaning.
(i)
An establishment shall have a cleaning area. Cleaning areas may not be located in a procedure area or at a workstation, in a bathroom, or in any utility room. Unless all body art is performed with only disposable, single-use instruments, an establishment shall include an area for the placement of an autoclave or other sterilization unit no less than 36 inches from any ultrasonic cleaning unit.
(j)
An establishment shall have a customer waiting area exclusive of, and separate from, any workstation, equipment storage area, cleaning area, or other areas used for body art activity. A body art establishment permanently located within a retail shopping center or similar mixed-use space shall not be required to provide a separate waiting area if such waiting area is located within a reasonable distance of the body art establishment so as to be readily accessible to any client or practitioner.
(2)
Workstations.
(a)
Body art shall be performed only at a workstation, and body art workstations shall be used exclusively for body art. Carpet shall not be installed in a workstation.
(b)
A workstation shall have at least one covered, foot-operated waste receptacle that shall be emptied daily.
(c)
A workstation must not be used as a path of travel for any other area of the establishment, including any other workstation, or the designated handwashing sink for any workstation.
(d)
Workstation handwashing sinks must be unobstructed (e.g., no doors) such that a practitioner can easily access a sink without having to touch any surface with their hands while traveling to and from the sink.
(e)
An establishment must comply with either design A or B as follows:
[2]
Design B.
[a]
Every workstation has a minimum of 80 square feet, and there is at least five feet of space between clients when seated for a procedure.
[b]
There is a minimum of one handwashing sink for every two workstations.
[c]
The maximum distance from any workstation to a handwashing sink is 15 feet.
[d]
An establishment shall have at least one workstation that is separated by a solid barrier at least seven feet high for clients requesting privacy. Barriers must be easily cleanable.
[e]
This private workstation shall have its own hand sink.
A.
Training and experience for all body art practitioners, including apprentices, shall at a minimum, include the following:
(1)
Completion of a basic first aid course and CPR course with proof of valid certificate(s). First aid and CPR courses may be taken as separate courses. First Aid and CPR courses may be either virtual or in person, provided that the trainee completes an in-person CPR skills assessment.
(2)
Completion of bloodborne pathogen training program that meets OSHA standards, with proof of current certificates; and
(3)
Proof of a high school diploma or equivalent, including foreign equivalents;
(4)
In the absence of a high school diploma or equivalent, including foreign equivalents, the applicants who wish to apply for a practitioner permit must show proof of at least 4,000 hours of experience obtained over at least a four-year period practicing the type of body art for which a permit is sought.
B.
In addition to the requirements of § 400-19.7A, practitioners who will perform body piercing shall also show proof of:
(1)
Completion of a college-level anatomy and physiology course that covers the musculoskeletal system.
(2)
A minimum of 2,000 hours gained over the course of not fewer than 12 months and not more than 24 months in the practice of body piercing. Experience gained during an approved apprenticeship program shall count towards this requirement.
C.
In addition to the requirements of § 400-19.7A, practitioners who will perform conventional tattooing shall show also proof of:
(1)
Completion of an anatomy and physiology course that is at least four hours and covers the following topics:
(a)
Anatomy of the skin.
(b)
The skin's structure and function.
(c)
The basics of skin infections.
(d)
Common antimicrobial agents.
(e)
Screening clients before procedures.
(f)
Identify medical conditions that increase tattoo complications/risk.
(g)
Identify hypersensitivity reactions and pigments known to cause such reactions.
(h)
Understand measures to avoid potential tattoo skin reactions through history taking of allergies and dermatologic conditions.
(i)
Recognize when to refer clients to a dermatologist for diagnosis and disease management.
(2)
At least 2,000 hours over a minimum of two years of conventional tattooing experience. Experience gained during an approved apprenticeship program shall count towards this requirement.
D.
In addition to the requirements of § 400-19.7A, practitioners who will perform permanent makeup shall also show proof of:
(1)
Successful completion of a training course of at least 100 hours of in-person instruction taught by a trainer who has:
(a)
Five thousand hours over a minimum of five years of permanent makeup experience and who has completed a minimum of 300 verifiable procedures for each procedure type that is being taught.
(b)
Completed a minimum of 16 hours of continuing education over a two-year period. This may include attendance at conventions, virtual training, and other classes pertinent to the permanent cosmetics field.
(c)
Attended a Train the Trainer program for permanent makeup at least once every four years.
(2)
The 100-hour training course must include the following components within its course curriculum:
(a)
Introduction to Permanent Cosmetics.
(b)
Consultation (Client Profile, Medical History/Client Information Form, Consent Forms).
(c)
Workstation Setup (Physical Setting, Disinfection & Sterilization, Client Preparation, Color and Pigment/Ink).
(d)
Disinfection and Sterilization.
(e)
Client Preparation.
(f)
Color and Pigment/Ink Theory.
(g)
Skin Anatomy.
(h)
Machine/Manual Device Theory.
(i)
Needles.
(j)
Photography.
(k)
Aftercare.
(3)
At least 200 additional hours of practical experience performing permanent makeup. Experience gained during an approved apprenticeship program shall count towards this requirement. The scope of work completed in the 200 hours must be detailed and include:
(a)
50 hours of observation of procedures being performed by a supervising practitioner.
(b)
The performance of at least 50 complete, supervised procedures on clients (two eyebrows is a single procedure). If the apprenticeship was done in Beverly, a copy of the applicant's apprentice permit must also be submitted.
A.
No person shall practice body art or perform any body art procedure without first obtaining a practitioner permit from the Board of Health. The Board shall set a reasonable fee for such permits. All initial practitioner permits shall be reviewed and approved by the Board of Health.
B.
All permit renewals shall be reviewed and approved by the Health Department.
C.
An application for a practitioner permit shall be submitted to the Health Department for review. All applications meeting the eligibility and completeness requirements shall be brought before the Board of Health for final review and approval or denial.
D.
Practitioners and apprentices must perform body art only in establishments that have been permitted by the Board of Health.
E.
A practitioner permit shall be valid from the date of issuance and shall be subject to annual renewal per the permitting schedule of the Board of Health.
F.
Application for a practitioner permit shall be made on a form prescribed by and available from the Board of Health and shall include the applicant's:
(1)
Name;
(2)
Date of birth;
(3)
Residential address;
(4)
Phone number;
(5)
Place(s) and years of employment as a practitioner or apprentice;
(6)
Copy of photo identification;
(7)
The practitioner's scope of work (tattoo, body piercing, or permanent makeup);
(9)
An agreement to adhere to all provisions of these regulations.
(10)
Such additional information as the Board may reasonably require.
G.
The Department shall have 30 days to review complete plan reviews and applications. If a plan review or application is submitted incomplete to the Department, the Department reserves the right to review the plan review or application for an additional 30 days.
A.
A guest practitioner seeking to provide body art services for no more than 30 days per calendar year may apply to the Health Department for a guest practitioner permit. The Health Department may issue a guest practitioner permit without review by the Board.
B.
Application for a guest practitioner permit shall include:
(1)
Name;
(2)
Date of birth;
(3)
Mailing address;
(4)
Phone number;
(5)
Place(s) and years of employment as a practitioner or apprentice;
(6)
Copy of photo identification;
(7)
The practitioner's scope of work (tattoo, body piercing, or permanent makeup);
(9)
An agreement to adhere to all provisions of these regulations.
(10)
Such additional information as the Board may reasonably require.
C.
The Department shall have 30 days to review complete plan reviews and applications. If a plan review or application is submitted incomplete to the Department, the Department reserves the right to review the plan review or application for an additional 30 days.
D.
Guest practitioners may operate only in a body art establishment that has a current, valid establishment permit.
E.
A guest practitioner permit shall state the dates during which the permit shall be valid, and a practitioner may not practice for more than 30 days per calendar year under a guest practitioner permit.
A.
In addition to § 400-19.7, a supervising practitioner for conventional tattooing or body piercing shall have a minimum of 5,000 of experience hours accrued over a minimum of a four years as a permitted practitioner in the field of body art they plan on teaching.
B.
In addition to § 400-19.7, a supervising practitioner for permanent makeup shall have:
(1)
Five thousand hours of permanent makeup experience accrued over four years and have completed a minimum of 300 procedures for each procedure type that is being taught.
(2)
Completed a minimum of 16 hours of continuing education over a two-year period. This may include attendance at conventions, virtual training, and other classes pertinent to the permanent makeup field.
(3)
Attended a Train the Trainer program for permanent makeup at least once every four years.
B.
An establishment shall maintain records of each apprenticeship, including apprentice application information, apprentice work hours, and a copy of the Apprenticeship Task Sheet.
C.
The supervising practitioner shall provide direct oversight for an apprentice throughout the training period, ensuring all procedures and practices are conducted in compliance with all applicable regulations.
D.
All initial body art apprentice permits are subject to review by the Board of Health.
E.
Applications for an apprentice permit shall be made on a form prescribed by and made available from the Board of Health and shall include the following:
(1)
Name;
(2)
Date of birth;
(3)
Mailing address;
(4)
Phone number;
(5)
Copy of photo identification;
(6)
The scope of work the apprentice will be learning (tattoo, body piercing, or permanent makeup);
(7)
Agreement to adhere to all regulations regarding apprenticeship requirements and body art practice regulations; and
(8)
Agreement signed by the supervising practitioner and body art establishment permit holder attesting that they shall provide direct oversight for an apprentice throughout the training period and shall ensure all procedures and practices are conducted in compliance with all applicable body art regulations.
(9)
Such additional information as the Board may reasonably require.
F.
The Department shall have 30 days to review complete plan reviews and applications. If a plan review or application is submitted incomplete to the Department, the Department reserves the right to review the plan review or application for an additional 30 days.
G.
An apprenticeship permit is valid for two years from the date of issuance. No training, aside from that required in § 400-19.7A(1) to (3), completed prior to receiving an apprentice permit shall count towards the apprenticeship.
H.
Apprenticeship training must consist of the following:
(1)
Apprenticeships for conventional tattooing and body piercing must be a minimum of 2,000 hours gained over the course of not fewer than 12 months and not more than 24 months. An apprenticeship for permanent makeup must be a minimum of 200 hours.
(2)
An apprentice shall not perform body art before satisfying requirements of § 400-19.7A(1) to (3).
(3)
A permanent makeup apprentice shall meet the minimum requirements outlined § 400-19.7D(1) and (2). prior to starting an apprenticeship and before accruing the required 200 apprenticeship hours.
(4)
An apprentice shall only perform-body art under the direct supervision of a supervising practitioner. Direct supervision requires the supervising practitioner to be directly observing the apprentice during the procedure.
(5)
To apply for a practitioner permit upon completion of the apprenticeship, the apprentice must submit to the Board of Health: (1) a completed Apprentice Task Sheet; and (2) a monthly log in a form to be provided by the Board of Health documenting the hours worked and procedures performed and signed by the supervising practitioner and establishment permit holder.
(6)
Informed consent and release forms to undergo a body art procedure for all clients shall be kept on file and provided to the Board as requested.
I.
In addition to the foregoing requirements, an apprenticeship training program shall consist of the following with regard to the specific type of body art to be practiced:
(1)
Conventional tattooing.
(a)
Theory - Orientation (100 hours).
(b)
Theory - Sterilization and disinfection (100 hours).
(c)
Theory - Tattoo observation (200 hours).
(d)
Practical - Number of procedures observed by apprentice (50 procedures).
(e)
Practical - Number of procedures in which apprentice participated (20 procedures).
(f)
Practical - Number of procedures performed without assistance from the supervising practitioner (50 procedures).
J.
If the apprentice training should cease under the approved supervising practitioner or establishment, the apprentice shall make arrangements to locate another supervising practitioner and/or establishment within six months. It is the responsibility of the apprentice and the supervising practitioner to notify the Board of any changes.
K.
Consent to receive body art from an apprentice.
(1)
Prior to beginning any procedure, an apprentice must advise a client that they are acting under an apprenticeship permit.
(2)
An apprentice must obtain written consent from a client prior to performing any body art upon the client. This written consent shall be attached to the client's signed informed consent document and must be retained by the body art establishment for the duration of the apprenticeship.
A.
Before a practitioner may begin a procedure, they shall obtain from the client a written statement of consent, in a form to be approved by the Board of Health and in a language accessible to the client, which shall include:
(1)
A description of the procedure;
(2)
A statement regarding the permanent nature of body art;
(3)
Notice that tattoo inks, dyes, and pigments have not been approved by the federal Food and Drug Administration and that the health consequences of using these products are unknown;
(4)
Information about the risks of body art activities, including the process that may be involved in attempting to remove body art;
(5)
Information about conditions that may increase risks, including: diabetes; hemophilia; skin disease; skin lesions; skin sensitivity to soaps, disinfectants, etc.; allergies or adverse reactions to pigments, dyes, latex, etc.; epilepsy, seizures, fainting, or narcolepsy; and use of medications such as anticoagulants; and
(6)
Information concerning alternative procedures that may exist if the client is dissatisfied with existing body art.
B.
The form shall contain an attestation for the client to sign confirming that the above information was provided, that the client does not have a condition that prevents them from receiving body art, that the client consents to the performance of the body art procedure, and that the client has been given aftercare instructions. All forms shall be provided in a language appropriate for the client.
C.
A copy of the consent form shall be provided to the client.
A.
A practitioner shall perform all body art procedures in accordance with Universal Precautions of the U.S. Centers for Disease Control and Prevention.
B.
Body art establishments must comply with OSHA regulations, "Bloodborne Pathogens," as specified in 29 CFR 1910.1030.
C.
All instruments used for body art procedures shall be stored in sterile packaging until just prior to use. Sterilized instruments shall be stored in a dry, clean cabinet or other tightly covered container reserved for the storage of such instruments.
D.
All single-use needles shall be packaged in a peel pack and shall contain either a sterilizer indicator or an internal temperature indicator. Sterilizer packs must be dated with an expiration date not to exceed six months.
E.
Sterile instruments may not be used if the package has been breached or after the expiration date.
F.
Contaminated waste shall be stored, treated, and disposed of in accordance with 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waster, State Sanitary Code, Chapter VIII.
G.
Any establishment that uses instruments or products other than single-use, disposable items must have an autoclave. When an autoclave is used, the establishment must meet the following requirements:
(1)
If used in body art, rotary pens, also known as cosmetic machines, shall have detachable, disposable, sterile combo couplers and detachable, disposable casings or casings designed and manufactured to be easily cleaned and sterilized.
(2)
All non-disposable instruments used for body art, including all reusable solid core needles, pins, and stylets, shall be cleaned thoroughly after each use by scrubbing with soap or disinfectant solution and hot water to remove blood and tissue residue, and then shall be placed in an ultrasonic unit sold for cleaning purposes under the approval of the U.S. Food and Drug Administration and operated in accordance with manufacturer's instructions.
(3)
After being cleaned, instruments used for body art shall be packed individually in sterilizer packs and subsequently sterilized in an autoclave.
(4)
If a sterile package has been breached or the expiration date has passed, sterile instruments may not be used without first repackaging and resterilizing.
(5)
An autoclave shall be used, cleaned, and maintained according to the manufacturer's instructions. A copy of the manufacturer's recommended procedures for the operation of the autoclave must be available for inspection by the Board of Health. Information about the manufacturer, model number, model year, and serial number of the autoclave must be made available upon request.
(6)
An autoclave may not be located in a workstation or in an area accessible to clients or the general public.
(7)
The permit holder of a body art establishment shall demonstrate the efficacy of the autoclave through weekly spore destruction tests. These tests shall be conducted through an independent laboratory. An establishment permit shall not be renewed until the Board of Health receives at least six months of documentation of the autoclave's ability to destroy spores. Establishments obtaining a permit for the first time will be required to submit one test record of documentation of the autoclave's ability to destroy spores prior to issuing the permit. These test records shall be retained by the permit holder for a period of no less than three years and made available to the Board upon request.
(8)
An establishment must maintain a daily log that indicates dates and times of sterilization procedures, the pounds per square inch (psi) and temperature achieved, and for what length of time. This log must be posted near the sterilization unit and maintained for inspection by the Board of Health.
H.
While preparing for and performing a body art procedure, practitioners must adhere to the following procedures:
(1)
When assembling instruments used for body art procedures, a practitioner shall wear disposable medical gloves and use aseptic techniques to ensure that the instruments and gloves are not contaminated.
(2)
Any item or instrument used for body art that is contaminated during a procedure shall be discarded and replaced immediately with a new disposable item or a new sterilized instrument or item before the procedure resumes.
(3)
Petroleum jellies, soaps, and other such products used in the application of stencils shall be dispensed and applied to the area to receive a body art procedure with sterile gauze or other sterile applicators to prevent contamination of the original container and its contents. The applicator or gauze shall be used once and then discarded.
I.
Before working on a client, a body art practitioner must:
(1)
Wash hands, wrists, and arms up to the elbows with an antibacterial solution.
(2)
Dry hands thoroughly with a single-use disposable towel.
(3)
Inspect hands for small cuts and abrasions and place a skin guard or adhesive bandage on any found.
(4)
Put on disposable medical gloves.
(5)
Set up equipment in front of the client.
(6)
Open sterile equipment packages in front of the client.
(7)
If applicable, disinfect and sanitize jewelry prior to use.
J.
Preparation and care of a client's skin must comply with the following:
(1)
Any skin or mucosa surface to receive a body art procedure shall be free of rash or any visible infection.
(2)
Before a body art procedure is performed, the immediate skin area and the areas of skin surrounding where the body art is to be placed shall be washed with soap and water. If shaving is necessary, single-use disposable razors shall be used. After use, razors must be placed immediately into a sharps container. Following shaving, the skin and surrounding area shall be washed with soap and water. The washing pad shall be discarded after a single use.
A.
All hazardous and biological waste shall be disposed of as follows:
(1)
All sharps must be disposed of in a medical sharps container and disposed of by a professional environmental company licensed by the Commonwealth for such disposal. Receipts from such a company must be maintained on-site for inspection by the Board of Health for a minimum of three years.
(2)
Contaminated waste that may release liquid blood or body fluids when compressed or may release dried blood or body fluids when handled must be placed in an approved "red" bag marked with the international biohazard symbol and disposed of by a waste hauler approved by the Commonwealth in compliance with 29 CFR Part 1910.1030, "Occupational Exposure to Bloodborne Pathogens."
(3)
Storage of contaminated waste shall not exceed 60 days.
B.
Waste not described in the preceding paragraph may be placed in a covered receptacle and disposed of through conventional waste disposal methods.
C.
Receptacles in a workstation shall be emptied daily, and solid, non-hazardous waste shall be removed from an establishment at least weekly by a licensed waste disposal contractor. All refuse containers shall be lidded, clean, and easily cleanable.
A.
Practitioners, including guest practitioners and apprentices, are required to comply with the following minimum health standards:
(1)
All client intake forms must be completed, and the client must receive a copy of the intake form and consent form, before the start of each body art procedure.
(2)
Payment may not be collected in the procedure area of the establishment.
(3)
A practitioner shall refuse service to any person who, in the opinion of the practitioner, may be under the influence of alcohol or drugs.
(4)
A practitioner shall not perform body art while under the influence of any substance which may impair their judgment or ability to safely perform the body art procedure.
(5)
A practitioner shall conform to standard hygienic practices as outlined by the Centers for Disease Control and Prevention (CDC), and wear clean outer clothing and footwear to prevent contamination of persons and work surfaces when performing body art procedures.
(6)
The skin of the practitioner shall be free of rash or infection. No practitioner affected with boils, infected wounds, open sores, abrasions, weeping dermatological lesions, or acute respiratory infection shall work in any area of a body art establishment in any capacity in which there is a likelihood that that person could contaminate body art equipment, supplies, or working surfaces with body substances or pathogenic organisms.
A.
A single-use item shall not be used on more than one client for any reason. After use, all single-use sharps shall be immediately disposed of in approved sharps containers pursuant to 105 CMR 480.000.
B.
Only inks, dyes, pigments, solid core needles, and equipment that are specifically manufactured for performing body art procedures shall be used and shall be used only according to the manufacturer's instructions.
C.
Inks, dyes, or pigments shall be mixed only in adherence to the manufacturer's guidelines and shall only be diluted with water from a potable source. Immediately before a tattoo procedure is initiated, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper cups or plastic caps. Upon completion of the tattoo, these single-use cups or caps and their contents shall be discarded.
D.
Reusable cloth items are prohibited.
E.
Single-use barrier protective coverings, such as clip cord covers and machine covers, shall be used on surfaces that might be touched frequently with gloved hands or that might become contaminated. Barrier protective coverings are recommended for use on surfaces and instruments that are difficult to clean. These coverings must be changed between clients and when visibly soiled or damaged.
F.
Inserted objects and jewelry shall meet the following requirements:
(1)
All jewelry must be for single use, on only one person, and shall not be reused on another client.
(2)
The use of previously worn jewelry or jewelry brought into the body art establishment by the client or another is prohibited.
(3)
Jewelry shall be sterilized and free from polishing compounds, nicks, scratches, burrs, or irregular surface conditions.
(4)
Jewelry shall be in good condition and designed and manufactured for insertion into the intended body part of the client.
(5)
Jewelry of 16 gage girth or thicker shall not have raised external threads or threading.
(6)
Jewelry must be sterilized prior to use.
(7)
Only jewelry manufactured of surgical implant stainless steel of American Society for Testing and Material (ASTM) Standards grade F138, surgical implant solid 14K or 18K white or yellow gold, niobium, surgical implant titanium of Ti6A4V ELI, American Society for Testing and Material Standards F-136-98, platinum or such other material as may be considered by the Board of Health to be equally bio-compatible and capable of adequate cleaning and sterilization shall be inserted into a client.
A.
A written report shall be made of any injury, infection, complication, or disease, or any complaint of injury, infection, complication or disease, resulting from a body art procedure, and such report shall be forwarded by the permit holder to the Board of Health, with a copy to the injured client, within seven business days of the incident's occurrence or the permit holder's knowledge thereof. The report shall include:
(1)
The name of the affected client;
(2)
The name and location of the body art establishment involved;
(3)
The name of the body art practitioner involved;
(4)
The nature of the injury, infection, complication, or disease;
(5)
The name and address of the affected client's health care provider, if any; and
(6)
Any other information that may be relevant.
B.
All reports of injury, infection, complication and/or disease must be maintained as permanent records of the establishment.
A.
An exposure incident report shall be completed by the close of business on the day of the incident and for every exposure incident occurring in the conduct of any body art activity. An exposure incident report shall contain:
(1)
A copy of the application and consent forms for body art completed by any client involved in the exposure incident;
(2)
A complete description of the exposure incident, including the date and time of the exposure and a description of the portion of the body involved;
(3)
A complete description of the instrument(s) or other equipment implicated;
(4)
A copy of the practitioner permit for the involved body art practitioner;
(5)
A copy of any medical history released by the client to the body art establishment or body art practitioner; and
(6)
Information regarding any recommendation to refer to a physician or waiver to consult a physician by persons involved.
B.
All exposure incidents reports must be maintained as permanent records of the establishment.
A.
An establishment shall create, update, and comply with an Exposure Control Plan. The Plan shall be submitted to the Board of Health at the time of the establishment permit application. The Plan shall meet all of the requirements of OSHA regulations, including, but not limited to, 29 CFR 1910.1030 OSHA Bloodborne Pathogens Standards et seq. A copy of the Exposure Control Plan shall be maintained at the establishment at all times and shall be made available to the Board upon request.
A.
An establishment shall maintain the following records in a secure place for a minimum of three years, and such records shall be made available to the Board of Health upon request. For purposes of this section, records may be securely stored in physical or digital form. Except as required by these regulations, client information shall be kept confidential at all times.
(1)
Establishment information, shall include:
(a)
Establishment name;
(b)
Hours of operation;
(c)
Permit holder's name and address;
(d)
A complete description of all body art procedures offered;
(e)
An inventory of all instruments and body jewelry, all sharps, and all inks used for any and all body art procedures, including names of manufacturers and serial or lot numbers, if applicable. Inventory lists shall be updated weekly.
(f)
A Safety Data Sheet, when available, for each ink and dye used by the establishment;
(g)
Waste hauler logs;
(h)
Equipment maintenance records;
(i)
Autoclave spore test results from a third party (if applicable); and
(j)
A log indicating dates and times of sterilization procedures, the pounds per square inch and temperature achieved, and for what length of time (if applicable).
(3)
Client information, shall include:
B.
A copy of these regulations.
A.
Complaints concerning body art practitioners, apprentices or establishments shall be directed to the Health Department who shall determine whether an investigation is warranted.
B.
If, after review, the Health Department determines that an investigation is not warranted because the complaint does not allege a violation of this regulation, or the alleged act or practice is not within the jurisdiction of the Board, then the Department shall notify the complainant of this determination and the reasons upon which it is based.
C.
If the Health Department finds that an investigation is warranted, the Department shall conduct such. Upon finding a violation of these regulations, the Department shall apply an enforcement action and shall notify the complainant.
A.
No prior notice of an inspection is required so long as the Department presents official credentials and provides notice of the purpose of, and an intent to conduct, an inspection. The permit holder shall allow the Department to determine if the establishment and/or practitioner(s) are in compliance with this regulation by allowing access to the establishment, allowing inspection, and providing information and records upon request, during the establishment's hours of operation and other reasonable times.
A.
A body art establishment is subject to inspection upon application for an initial permit, upon receipt of a complaint, in response to an infectious disease outbreak, a routine inspection as defined in 400-19.5 a re-inspection, and at any such other time as the Board of Health may consider necessary to carry out the responsibilities of the Board and the Health Department.
B.
The Department shall periodically inspect throughout its permit period. A body art routine inspection shall be performed at least once every 12 months.
A.
The Body Art Facility Inspection Report shall delineate inspection items that are violations. If violations are identified, they will be marked on the inspection form and remedies for correction shall be noted in the comment section of the inspection form. Timeframes for correction actions specified in the report shall be delineated on the inspection report. If no violations are identified, this will be documented on the inspection report form.
B.
The Department or Board may approve a compliance schedule that extends beyond the time limits noted on the inspection report form if a written schedule of compliance is submitted by the permit holder and no health hazard exists or will result from allowing an extended schedule for compliance.
C.
A copy of the inspection report shall be given to the permit holder within 24 hours of the inspection.
D.
Violations noted on the inspection report may require a re-inspection by the Department to assure corrective action has been taken. If a re-inspection is needed, The Department shall specify on the inspection report form the time frame for correction of the violations.
E.
An inspection report shall serve as an Order to Correct.
F.
A copy of the most recent inspection report shall be maintained at the establishment and the establishment shall post a notice advising patrons that a copy of the most recent inspection report is available for review by interested parties.
A.
In accordance with M.G.L. c. 111, § 30, the board of health or its authorized agent, may, without a prior hearing, suspend a body art establishment, practitioner or apprentice permit if an imminent health hazard is found to exist.
B.
A permit may be summarily suspended without providing prior written notice, or opportunity for a prior hearing, provided that opportunity for a hearing is afforded within 60 business days of a request for a hearing.
C.
A summary suspension order shall be in writing and shall be posted at a public entrance to the establishment and a copy provided to the permit holder.
D.
The order summarily suspending the permit or specific operation of the permit holder shall be immediately effective upon being posted at the establishment.
E.
The summary suspension order shall state:
(1)
The name and location of the body art establishment and the name and address of the permit holder;
(2)
That the board of health or its authorized agent, has determined that an imminent health hazard exists, which requires the immediate suspension of the establishment permit or the operation of one or more particular operations at the establishment;
(3)
The specific violation(s) that led to the determination that an imminent health hazard exists;
(4)
That all operations or one or more particular operations of the establishment or practitioner shall immediately cease and desist;
(5)
That the emergency closure shall remain in effect until conditions cited in the order of closure are corrected and the corrections are confirmed by the board of health or its authorized agent through re-inspection and other means as appropriate.
(6)
That if a hearing is desired, a written request for a hearing shall be filed with the board of health by the permit holder within seven days of receipt of the summary suspension order.
(7)
That the person has the right to inspect and obtain copies of all relevant inspection reports, orders, notices, and other documentary evidence in the possession of the board of health and has the right to be represented at any hearing.
(8)
The name and address of the board of health to where the written request for a hearing shall be sent.
(9)
The signature of a member of the board of health or its authorized agent.
F.
If no hearing is requested, the summary suspension shall remain in effect until the board of health or its authorized agent determines that all conditions cited in the summary suspension order are corrected.
G.
The board of health or its authorized agent may end the summary suspension at any time if reasons for the suspension no longer exist.
A.
The Board of Health or its authorized agent may issue a notice to suspend an establishment permit or to cease one or more particular operations of the facility.
B.
Each of the following grounds, individually or severally, shall constitute full and adequate grounds to suspend a permit.
(1)
Failure to comply with the requirements of this regulation;
(2)
Providing false or misleading statements or documents to the board of health or the Department or agents thereof, or keeping any misleading or false records or documents required under this regulation;
(3)
The permit holder has been convicted of, pled guilty or no lo contendere to, or has, in a judicial proceeding, admitted facts sufficient to find that he or she is guilty of a crime relating to the operation of a body art establishment;
(4)
The permit holder of the facility has engaged in conduct that endangers the public health.
(5)
Failure to pay any federal, state, or local taxes as required by law, pursuant to M.G.L. c. 62C, § 49A;
(6)
Any such other reason that may pose a risk to public health and safety.
C.
The order to suspend the permit shall be given by the Board of Health or its authorized agent to the permit holder in writing and shall specify:
(1)
The name and location of the permit holder;
(2)
The specific violation(s) for which the permit or operation is to be suspended;
(3)
The date the suspension will become effective;
(4)
The signature of a member of the Board of Health or its agent.
(5)
That the suspension shall remain in effect until the conditions cited in the order to suspend are corrected and their correction is confirmed by the Board of Health or its authorized agent through reinspection and any other means as appropriate;
(6)
Notice of a right to a hearing before the Board of Health if a written request for hearing is filed with the Board of Health within seven days of receipt of the order to suspend; notice of the right to inspect and obtain copies of all relevant inspection reports, orders, notices and other documentary information in the possession of the Board of Health; and notice of the right to be represented at the hearing. The Board may preemptively set a hearing on a specified date rather than requiring the permit holder to request a hearing. Such hearing satisfies this notice requirement provided that there is adequate notice of the hearing date, and the notice fully informs the permit holder of the rights listed above;
(7)
The name and address of the Board of Health where the written request for a hearing shall be sent;
(8)
If no request for a hearing is filed within the seven-day period, the Board of Health may impose the suspension order.
A.
The Board of Health may issue an order to revoke a permit or refuse to renew a permit to operate an establishment or terminate one or more particular operations of the establishment for:
(2)
Any grounds cited in § 400-19.26, which at the discretion of the Board of Health or the Department are sufficiently serious to require revocation.
(3)
The order to revoke the permit shall be given by the Board of Health or its authorized agent, to the permit holder in writing and shall specify:
(a)
The name and location of the establishment and the name and address of the permit holder;
(b)
The specific violation(s) for which the permit or operation is to be revoked or not renewed;
(c)
The date the revocation or non-renewal will become effective. The revocation shall be effective indefinitely. Nonrenewal of a permit shall be effective for a period of one year from the date of the final order, unless the Board of Health orders otherwise;
(d)
Notice of a right to a hearing before the Board of Health if a written request for hearing is filed with the Board of Health by the permit holder within seven days of receipt of the order, the right to inspect and obtain copies of all relevant inspection reports, orders, notices and other documentary information in the possession of the Board of Health, and the right to be represented at the hearing.
B.
If the Board sets a hearing on a specified date rather than requiring the permit holder to request a hearing, such hearing satisfies this notice requirement provided that there is adequate notice of the hearing date, and the notice fully informs the permit holder of rights listed above;
(1)
The name and address of the Board of Health where the written request for a hearing shall be sent;
(2)
If no request for a hearing is filed within the seven-day period, the Board of Health may impose the revocation or non-renewal order; and
(3)
The signature of a member of the Board of Health or its agent.
A.
The Board may deny a permit, or refuse to renew or otherwise restrict a permit on the following grounds, each of which, in and of itself, shall constitute full and adequate grounds for revocation or refusal to renew:
(1)
Fraud or misrepresentation in obtaining a permit or its renewal;
(2)
Criminal conduct, resulting in a conviction, guilty plea, plea of nolo contendere, or an admission of sufficient facts, which the Board determines, renders the establishment or practitioner unfit to practice body art;
(3)
Violation of any Board body art rule or regulation;
(4)
Practicing body art while impaired by alcohol or drugs.
(5)
Knowingly permitting or assisting, an unauthorized person to perform body art without a permit;
(6)
Practicing while a permit is lapsed, suspended, or revoked;
(7)
Other just and sufficient cause which the Board may determine would render the establishment, practitioner or applicant unfit to practice body art;
(8)
Failure to comply with these regulations within the specified timeframes as noted on the inspection report form.
B.
The Board shall notify an applicant, establishment or practitioner in writing of any violation of the Board's regulations, for which the Board intends to deny, revoke, suspend or refuse to renew a permit. The applicant, establishment or practitioner shall have seven days after receipt of such written notice in which to comply with the Board's regulations. The Board may deny, revoke, suspend or refuse to renew a permit, if the applicant, establishment or practitioner fails to comply after seven days.
C.
For repeat violations or for interference with the Board or its authorized agent in the performance of its duties, the Board may permanently revoke any body art permit.
D.
The Board or its authorized agent reserves the right to determine that any condition that violates these regulations is a condition that may endanger or impair the health, safety, or well-being of a person or persons occupying the premises. Conditions identified by the Board or authorized agent as an imminent health hazard which may endanger or impair the health, safety or well-being of a person shall be noted as such on the correction order and the inspection report.
A.
Any person or establishment performing body art or allowing it to be performed not in compliance with this regulation may be penalized per the following fine schedule and may be subject to such further penalty as is allowed by law. All fines shall be brought to the Board for a vote. At this time, the Board may choose to uphold, modify or rescind the fine.
B.
Any person who has been fined by the Health Department in accordance with this regulation shall be brought before the Board for a hearing. The Board of Health, shall set a time and place for such hearing and shall inform the person or entity thereof in writing. At the hearing, the person or entity shall be given an opportunity to be heard and to show why the fine should be modified or withdrawn. After the hearing the Board of Health, shall sustain, modify, or withdraw the fine and shall inform the petitioner in writing of its decision. If the Board chooses to uphold the fine, any fines must be paid within 21 days of receipt of the Board's decision.
C.
The following fines may be issued per violation: Within a thirty-six-month period: 1st offense: $500; 2nd offense: $1,000; 3rd offense: $1,500 with potential suspension or revocation.
D.
A person who operates without a valid permit shall be issued a $500 fine and may not apply for any body art permits for six months.
A.
The Board of Health may grant a variance under these regulations in the event the Board finds enforcement would be unjust.
B.
A request for a variance must be made in writing to the Board of Health and must state the specific variance sought and the reasons thereof.
C.
Any variance granted must be posted on the premises of the establishment in a prominent location for the duration that the variance is in effect.
D.
Any variance granted shall be in writing, with a copy available to the public, during normal business hours, in the office of the Board of Health.
E.
Any variance granted shall expire December 31 of each year.
F.
Any variance or other modification authorized to be made by this article may be subject to such qualification, revocation, suspension, or expiration as the board of health expresses in its grant. A variance or other modification authorized to be made by this article may otherwise be revoked, modified, or suspended, in whole or in part, only after the holder thereof has been notified in writing and has been given an opportunity to be heard, in conformity with the requirements for an order and hearing of these regulations.
A.
Any provision of these regulations is deemed invalid for any reason shall be severed and shall not affect the validity of the remaining portions of this regulation.