[HISTORY: Adopted by the Township Committee of the Township of Waterford 12-9-1998
by Ord. No. 98-18. Amendments noted where applicable.]
GENERAL REFERENCES
Land use, development and zoning — See Ch. 176.
As used in this chapter, the following terms shall have the meanings
indicated:
Piercing the skin for the express intention of insertion of any object,
including but not limited to jewelry; provided, however, that the piercing
of the lobes of the ears shall be specifically excluded from the purview of
this chapter.
Written approval from the County Health Officer or his authorized
representative that said tattooing and/or body piercing establishment has
been inspected and meets all of the terms of this chapter.
The certificate held by an operator upon registration with the Camden
County Health Department by meeting the required provisions of this chapter.
The Camden County Public Health Coordinator or his authorized representative
of Camden County Department of Health and Human Services.
The premises wherein tattooing or body piercing is performed.
Any individual, firm, company, corporation or association that owns
or operates an establishment where tattooing or body piercing is performed
and any individual who performs or practices the above on the person of another.
Refers to any method of placing designs, letters, scrolls, figures,
symbols or any marks under the skin with ink dye or any other substance resulting
in the coloration of the skin by the aid of needles or any other instruments
designed to puncture the skin.
A.
It shall be unlawful for any person to engage in the
business of operating an establishment where tattooing or body piercing is
performed without first obtaining a license from the Township of Waterford
to engage in such business in accordance with the provisions hereof. Also,
it shall be unlawful for any operator to engage in the practice of tattooing
or body piercing without first obtaining a certificate of registration from
the Camden County Health Department.
B.
Persons applying shall submit to the Camden County Health
Department a medical certificate issued by a physician duly licensed to practice
medicine and surgery in the State of New Jersey stating that the prospective
licensee or registrant is free from all contagious or communicable diseases
or conditions which may endanger the health of the client.
C.
Municipal license.
(1)
The annual license fee for engaging in the business of
operating a tattooing and/or body piercing establishment within the Township
of Waterford shall be as set by the Township Fee Schedule Ordinance.[1] Any person, firm or corporation desiring to engage or presently
engaged in the tattooing or body piercing business shall first apply to the
Clerk of the Township of Waterford, in writing, on forms supplied by the Clerk
of this municipality for said purpose. The application to the municipality
shall be accompanied by the license fee and shall set forth the following:
(a)
The name and address of the applicant.
(b)
The local and permanent addresses and telephone number
of the applicant.
(c)
The name, local address and telephone number of the manager
of the business if different from the applicant.
(d)
If the applicant is a corporation, the name and address
of its registered agent.
(e)
The federal employer identification number if the applicant
is a corporation, partnership or firm; the social security number if the applicant
is a sole proprietorship.
(f)
The certificate of inspection and certificate of operator
registration issued by the Camden County Health Department as parts of the
application documents.
(2)
All licenses shall expire on the last day of each calendar
year. Any change of ownership shall require a new application and license
with payment of the appropriate fees.
(3)
Each tattooing and body piercing business license issued
by the Clerk of the Township of Waterford shall contain a license number,
and no such license shall be transferable. If a renovation of the tattooing
or body piercing establishment is anticipated after acquisition of the annual
license, plans must be submitted to the Camden County Health Department and
a copy to the Township of Waterford, and the applicant will be required to
comply with the provisions of this chapter.
D.
Operating registration. An applicant shall submit a floor
plan of the establishment to the Camden County Health Officer with a copy
to the Township of Waterford prior to initiation or construction and shall
receive a preopening inspection. All establishments shall be subject to a
periodic compliance and/or annual inspection by the Camden County Health Department.
Every operator shall be registered with the Camden County Health Department
and shall acquire a certificate of registration upon payment of a fee prior
to business operation or practice. Fees for a plan review, inspections and
operator registration shall be payable to the county and established by the
Camden County Board of Chosen Freeholders. These fee schedules are available
from the Office of the County Health Officer.
E.
Nothing in the foregoing shall be construed so as to
affect the practice of medicine and surgery or any other recognized profession
or occupation by a person duly licensed by the State of New Jersey to engage
in such practice, profession or occupation and whose license would lawfully
authorize the tattooing or body piercing.
A.
It shall be a violation of this chapter for anyone or
any tattooing or body piercing business to tattoo or pierce the body of a
minor under 18 years of age without the written consent/authorization signed
by the parent or legal guardian as witnessed by the operator. In addition,
the parent or legal guardian of the minor who signed the written consent/authorization
shall be present at the time of the tattooing or body piercing. The operator
shall be responsible for maintaining the original consent form for a period
of two years beyond the recipient's 18th birthday.
[Amended 2-27-2002 by Ord. No. 2002-5]
B.
If the applicant is suspected to be under the influence
of alcohol, drugs or any other behavior-modifying substance, the operator
must refuse the applicant.
C.
Inquiry shall be made for anyone with a history of recent
jaundice, hepatitis B or HIV/AIDS, and the person shall not be tattooed or
body pierced.
D.
Each person wishing to be tattooed or pierced must fill
out an application which will include the name, date of birth, address and
telephone number of the client, as well as the design and location(s) of the
tattoo(s) or piercing(s). The operator shall verify applicable information
from a valid photo identification of the applicant and so note it on the application.
All records regarding tattooing or body piercing are to be maintained for
a minimum of two years.
E.
No person or operator shall state or imply, in any advertisement,
that the tattooing or body piercing establishment is endorsed or approved
by the Camden County Health Department in compliance with terms of this chapter.
F.
Tattooing or body piercing of genitalia shall not be
permitted.
No person, partnership, firm nor corporation engaged in the tattooing
or body piercing business shall be issued a municipal mercantile license to
engage in such activity unless the premises at which such activity is to be
conducted and the equipment to be utilized in conjunction therewith meet the
following standards and inspected/approved by the Camden County Health Department:
A.
Each tattooing and/or body piercing facility shall have
a bathroom accessible to the client and staff. Each bathroom shall be equipped
with a commode and a sink with the sink being connected to hot and cold running
water. Soap and sanitary towels, or other approved hand-drying devices, shall
be available at the sink at all times. Common towels are prohibited. In addition
to the above, each tattooing or body piercing cubicle or work station must
be provided with a sink connected to hot and cold running water. This area
shall also be provided with soap and appropriate hand-drying devices.
B.
The chair, seat or exam table reserved for the person
receiving the tattooing or body piercing shall be of a material that is smooth
and easily cleanable and constructed of material that is nonabsorbent. Any
surfaces on the chair, seat or exam table that become exposed to blood or
body fluids must be cleaned and sanitized prior to use by the next customer.
C.
The work table or counter used by the operator shall
be smooth and easily cleanable and constructed of material that is nonabsorbent.
There shall be a covered junction between the table/counter and the wall if
the table/counter is to be placed against the wall. This table/counter must
be cleaned and sanitized and use single-use disposable sheets/or papercloth,
as approved by the Camden County Health Department, for each customer.
D.
The walls in the tattooing or body piercing area shall
be smooth and easily cleanable and constructed of nonabsorbent materials.
Floors shall be kept clean.
E.
Lighting within the tattooing or body piercing area shall
be adequate so as to provide a minimum of 100 footcandles in all areas.
F.
The work area reserved for the tattooing or body piercing
shall be not less than 100 square feet and shall be separated from other areas
of the establishment by walls or durable partitions extending at least 6 feet
in height.
G.
Any surfaces in the establishment that become exposed
to blood or body fluids must be cleaned and sanitized using a method approved
by the Camden County Health Department.
H.
Products used in the cleaning, sanitizing and sterilizing
procedures must be clearly marked and stored in an acceptable manner. Smaller
working containers filled on-site from larger containers must be clearly marked
with the name of the product.
I.
Proper waste receptacles shall be provided and water
disposed of at appropriate intervals.
A.
Tattooing or body operators.
(1)
All operators while performing services shall neither
be under the influence of alcohol or drugs nor be infected with hepatitis
B, HIV/AIDS, contagious dermatitis or any other communicable disease.
(2)
Hepatitis B preexposure vaccination or proof of immunity
shall be required for all operators. If a person cannot obtain the vaccination
for medical reasons, he/she shall submit to the Camden County Health Department
a letter from his/her physician certifying that the individual does not have
hepatitis B and vaccination is contraindicated. This certification shall be
annually renewed. Any accidental needle stick injury shall be immediately
reported to the Camden County Health Department.
(3)
All tattooing or body piercing operators shall attend
a training program sponsored by the Camden County Health Department to assure
basic knowledge on sterile technique and universal precautions.
(4)
Before working on each patron, each operator shall scrub
and thoroughly wash his/her hands with hot water and antiseptic soap. The
hands shall be dried with individual, single use towels. Fingernails shall
be kept clean and short.
(5)
Disposable vinyl or latex gloves shall be worn by the
operator during tattooing or body piercing preparation and application to
prevent contact with blood or body fluids. Universal precautions as described
by the United States Centers for Disease Control and Prevention (CDC) shall
be followed. All materials shall be disposed of in accordance with waste disposal
provisions of this chapter after contact with each patron. Hands shall be
washed immediately after removal of gloves. Any skin surface that has contact
with blood shall be washed immediately.
(6)
Immediately after tattooing or piercing a patron, the
operator shall advise the patron on the care of the site tattooed or pierced
and shall instruct the patron to consult a physician at the first sign of
infection. Printed instructions regarding these points shall be given to each
patron by the operator.
(7)
All infections resulting from the practice of tattooing
or body piercing which becomes known to the operator shall be promptly reported
to the County Health Officer by the person owning or operating the body piercing
establishment or by the operator.
B.
Skin preparation.
(1)
Tattooing or body piercing shall be done only on normal
healthy skin surface that is free of cuts, wounds, rashes, boils, pimples,
moles or infection or manifests any evidence of unhealthy conditions.
(2)
Only safety razors with disposable blades shall be used
for the skin preparation. Blades shall be disposed of according to the waste
disposal procedure of this chapter after each use and a new blade used for
each patron.
(3)
Following shaving, the tattooing area shall be thoroughly
cleaned and scrubbed with tincture of green soap, or its equivalent, and warm
water. Before placing the tattoo design or body piercing on the patron's
skin, the area shall be treated with 70% alcohol and allowed to air dry. A
single-use sponge shall be used to scrub the area.
(4)
Only petroleum jelly (United States Pharmacopeia or National
Formulary) or antiseptic ointment shall be applied to the tattoo area prior
to tattooing. The ointment shall be applied in a sanitary manner, disposing
of the utensil after spreading. Collapsible tubes of ointment or jelly may
also be used.
(5)
Design stencils shall be thoroughly cleansed and rinsed
in an approved germicidal solution for at least 20 minutes or disposed of
following each use.
(6)
Only nontoxic dyes or pigments may be used. Premixed
sterile materials are preferred. Premixed dyes shall be used without adulteration
of the manufacturer's original formula. It shall be the responsibility
of the operator to provide certification to the Camden County Health Department
of the nontoxicity of the dyes or inks at the time of license application
and renewal.
(7)
No skin area shall be penetrated, abraded or treated
with chemicals for the purpose of removing, camouflaging or altering any blemish,
birthmark, scar or tattoo.
(8)
Ear-piercing guns may not be used for body piercing but
may only be used for piercing of the ear lobes.
C.
Needles, instruments and supplies.
(1)
All clean and ready-to-use needles, gloves, gauze and
instruments shall be kept in a closed glass or metal case or storage cabinet
while not in use. Such cabinet shall be maintained in a sanitary manner at
all times.
(2)
Single-service sterilized needles shall be used.
(3)
If needles and needle bars are to be reused, these items
shall be steam sterilized (autoclave) before reuse on any customer. Any other
method of sterilization shall be approved by the County Health Officer.
(4)
The sterilizer shall be well maintained with a tight-fitting
gasket and a clean interior.
(5)
The manufacturer's operating instructions and the
sterilization specification shall be at hand. The operation of the sterilizer
shall conform to the manufacturer's specifications with regard to temperature,
pressure and time of the sterilization cycle.
(6)
Proper functioning of sterilization cycles shall be verified.
(7)
Each item to be sterilized shall be individually wrapped
using a chemical indicator or strip to verify steam exposure.
(8)
Any needle that penetrates the skin of the operator shall
be immediately disposed of in accordance with the waste disposal procedure
of this chapter.
(9)
If the primary source of sterilization malfunctions,
the County Health Officer shall be notified within 24 hours. In an emergency
situation, the Camden County Health Officer may approve alternate sterilization
techniques.
D.
Disposal of wastes.
(1)
Needles shall not be bent or broken prior to disposal.
Operators shall take precautions to prevent puncture injuries from contaminated
needles. Needles shall be disposed of directly into a solid puncture-resistant
container.
(2)
These medical wastes shall be disposed of by an authorized
contractor as per the New Jersey Department of Environmental Protection's
regulation.
(3)
If blood-contaminated gloves, gauze and other materials
are sterilized by autoclaving, these wastes can be placed for off-site waste
collection.
When it appears to the County Health Officer that the operation of the
tattooing or body piercing establishment poses an immediate and imminent threat
to the public health and safety such that irreparable harm will occur if the
tattooing or body piercing establishment is not immediately closed, the County
Health Officer shall have the power to order the immediate closure of the
tattooing or body piercing establishment until such time that the violations
compliance of have been corrected. Notice of same shall also be provided to
the Township of Waterford.
A.
Any person, partnership, firm or corporation who knowingly
tattoos or engages in body piercing of a minor under the age of 18 years without
first having obtained the written permission of the minor's parent or
legal guardian or, if neither exist, a person who stands in place of a parent
shall have committed a disorderly person's offense and be subject to
a fine of not more than $1,000 for each violation of this chapter. Any person,
partnership, firm or corporation who violates any other provision of this
chapter shall be subject to a fine of not less than $250 nor more than $1,000
for each violation of this chapter, or imprisonment in the county jail up
to 90 days, or both. Each day that the violation exists is considered to be
a separate offense.
[Amended 2-27-2002 by Ord. No. 2002-5]
B.
Reasonable counsel fees incurred by the Camden County
Health Department in the enforcement of this chapter shall be paid by the
defendant. The amount of such reimbursable fees and costs shall be determined
by the court hearing the matter.
C.
In addition to being subject to the penalties provided
herein, any license or certificate of registration issued under this chapter
may be revoked or suspended for any intentional misstatement in any application
or for any violation of this chapter. No license shall be revoked or suspended
until the licensee has been afforded a hearing. Notice of the filing of a
complaint which seeks to suspend or revoke any license or certificate of registration
issued under this chapter shall be served on the defendant personally or on
the person designated to receive service of such notice. This notice will
establish a date for a hearing to be held not more than 10 days from the date
of such notice, at which time the defendant shall have the right to be represented
by counsel, call witnesses, cross-examine witnesses produced in support of
the complaint as well as such other rights necessary in order to insure due
process. Should any license or certificate of registration be revoked or suspended,
no part of the license or registration fee shall be returned.
