[Ord. No. 53-2014; Ord. No. 11-2015]
This chapter shall govern all businesses that offer tattooing,
permanent cosmetics, and ear and body piercing to the public with
the exception of a physician who is authorized by the State Board
of Medical Examiners to practice medicine, pursuant to N.J.S.A. 45:9-6
et seq. Under the authority of N.J.S.A. 26:1A-9, the provisions of
this chapter are enforceable by the New Jersey State Department of
Health and Senior Services and the Wayne Township Health Department.
[Ord. No. 53-2014; Ord. No. 11-2015]
A. Any person desiring to construct, expand, alter, or operate a permanent
cosmetic, tattooing, or ear or body piercing establishment shall apply
in writing to the Health Department for review and approval before
such construction, expansion, alteration or operation is begun. Such
application shall include the following information:
(1) The applicant's legal name, home address and telephone number, full
business name, business address, post office address and telephone
number. The application shall also include whether the applicant is
an individual, partnership, firm or corporation. If the applicant
is a partnership, the names and addresses of the partners shall be
included on the application. If the applicant is a corporation, the
names and addresses of all corporate officers shall be included on
the application;
(2) Applications must be accompanied by a non-refundable license fee and an additional non-refundable fee for each artist performing procedures at the establishment specified on the application, as set forth in Chapter
75, Fees.
(3) A statement of approval from the municipal agency responsible for
the administration of planning and zoning ordinances for the proposed
construction or expansion of the body art establishment;
(4) A complete description of all services to be provided, the proposed
hours of operation, the name of the operator and the names of all
practitioners and their exact duties, a copy of the informed consent
for each procedure;
(5) The names and addresses of all manufacturers of processing equipment,
instruments, jewelry, and inks used for any and all body art procedures;
(6) The make, model and serial number of the applicant's steam autoclave
shall be printed on the back of a photograph of the autoclave;
(7) A copy of the manufacturer's specifications for operation of the
autoclave;
(8) A certificate of current professional malpractice liability insurance;
(9) All construction, expansion or alteration to the building, structures,
and facilities used by the public shall comply with the Barrier Free
Subcode, N.J.A.C. 5:23-7.1 et seq.; and
(10) All construction expansion or alteration, to the building, structures,
and facilities shall be done in accordance with the requirements of
the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1.
B. Plans and specifications must accompany the application and shall
illustrate the location of the proposed establishment and a floor
plan of the establishment as it is proposed to be operated. An exact
inventory of all processing equipment as it is to be used. Plans shall
indicate the layout of the reception area, the procedure areas, the
cleaning and sterilization area, the storage area and the toilet facilities,
in accordance with the requirements set forth in N.J.A.C. 8:27-1.1
et seq.;
(1) All construction, expansion or alteration to the building, structures,
and facilities used by the public shall comply with the Barrier Free
Subcode, N.J.A.C. 5:23-7.1 et seq.; and
(2) All construction expansion or alteration, to the building, structures,
and facilities shall be done in accordance with the requirements of
the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1.
[Ord. No. 53-2014; Ord. No. 11-2015]
A. No
body art establishment shall be permitted to open for operation until
the Health Department has given formal approval by issuance of an
appropriate license. All licenses shall expire on December 31 of each
year.
(1) The license shall be displayed in a conspicuous place on the premises
where it may readily be observed by all clients.
(2) No person shall operate a body art establishment whose license has
been suspended.
(3) Proof of professional malpractice liability insurance for each practitioner
shall be provided to the Health Department as part of the initial
and renewal license application.
(4) The operator shall provide a current copy of a negative biological
indicator test result to the Health Department as part of the initial
license application.
[Ord. No. 53-2014; Ord. No. 11-2015]
A. The Health Department shall inspect every body art establishment
as often as the Health Department deems necessary using an inspection
report form approved by the Department of Health and Senior Services.
(1) A representative of the Health Department shall provide proper identification.
(2) During all hours of operation, the operator shall permit access to
all parts of the establishment and all pertinent records required
for the inspection shall be made available to the Health Department
representative for review.
(3) An inspection report shall identify in a narrative form any violations
of this chapter and shall be cross-referenced to the section of the
chapter being violated.
(4) Results of the inspection shall be made available to the public upon
request.
(5) Should an establishment be found to be in violation of N.J.A.C. 8:27-1.1 et seq. or other provisions of this chapter and the Health Department determines that a re-inspection is necessary, a re-inspection fee as set forth in Chapter
75, Fees., shall be required to be paid by the operator for every re-inspection performed until the violation(s) have been corrected within the time prescribed by the Health Department. The fee shall be paid within 10 days of the notification of the said re-inspection requirement.
[Ord. No. 53-2014; Ord. No. 11-2015]
All provisions of N.J.A.C. 8:27-1.1 et seq., as may be amended
and supplemented, are hereby incorporated and adopted by reference
as though they were set forth verbatim and at length herein.
[Ord. No. 53-2014; Ord. No. 11-2015]
Each violation of any provision of this chapter shall constitute
a separate offense and shall upon conviction be punishable by a penalty
of not less than $100 nor more than $1,000.