City of Lancaster, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Lancaster 2-27-2007 by Ord. No. 4-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Health standards — See Ch. 150.
Licensing of businesses — See Ch. 186.
This chapter shall be known and may be cited as "The City of Lancaster Tattoo and Body Piercing Ordinance."
The purpose of this chapter is to protect the public health, safety and general welfare by regulating individuals and establishments providing tattooing and body piercing services and by providing a uniform set of guidelines for the provision of those services and the operation of those establishments.
In the administration of this chapter, words in the present tense include the future, the singular number includes the plural and the plural the singular; the masculine includes the feminine; the words "shall" and "will" are mandatory; and the word "may" is permissive. The following words, unless otherwise indicated, shall have the following meanings, while words not defined in this chapter shall have the meanings set forth in Mosby's Medical and Nursing Dictionary, Environmental Engineering and Sanitation, Fourth Edition, and/or the most recent edition of Webster's Unabridged Dictionary, whichever shall be applicable to such term:
AFTERCARE
Written and verbal instructions given to the client, specific to the body art procedure(s) rendered, on caring for the body art and its surrounding area.
ANTISEPTIC
An agent that destroys disease-causing microorganisms on human skin or mucosa.
APPRENTICE
An individual being taught a trade.
ARTIST/OPERATOR/TECHNICIAN/PRACTITIONER
Any person who controls, operates, manages, conducts or practices body art activities at a body art establishment. The term includes technicians and apprentices who work under the operator and perform body art activities.
AUTOCLAVE
An apparatus for sterilization, utilizing steam pressure at a specific temperature over a period of time.
BLOODBORNE PATHOGENS
Standard OSHA Guidelines as defined in 29 CFR 1910.103, "Occupational Exposure to Bloodborne Pathogens."
BOARD OF HEALTH
The Board of Health of the City of Lancaster.
BODY ART
The practice of body piercing and tattooing.
BODY ART ESTABLISHMENT OR FACILITY
Any space where body piercing or tattooing is conducted.
BODY PIERCING
The perforation of human tissue, excluding ear piercing, for a nonmedical purpose.
CLIENT
A person who requests a body art procedure at a body art establishment.
CLIENT RECORD
A file for the client maintaining information regarding the client and the body art procedures provided to the client.
CONTAMINATED WASTE/BIOHAZARD/BIOLOGICAL WASTE
Any liquid or semiliquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semiliquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; sharps and any wastes containing blood and other potentially infectious materials, as defined in 29 Code of Federal Regulations Part 1910.1030 (latest edition), known as "Occupational Exposure to Bloodborne Pathogens" and/or 105 CMR 480.000 "Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste."
COSMETIC TATTOOING (see TATTOOING)
Permanent cosmetics and/or micropigment implantation.
DISINFECTANT
A product registered as a disinfectant by the U.S. Environmental Protection Agency (EPA).
DISINFECTION
The destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.
EAR PIERCING
The puncturing of the outer perimeter or lobe of the ear using a presterilized single-use stud and clasp ear piercing system following manufacturers' instructions.
EQUIPMENT/FURNITURE
All machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatus and appurtenances used in connection with the operation of a body art establishment.
EXPOSURE
Any event where there is an eye, mouth or other mucus membrane or nonintact skin contact with the blood or body fluids of another person or contact of eye, mouth or other mucus membrane, nonintact skin with other potentially infectious matter and/or an occurrence whereby an individual is exposed to medical waste.
GLOVES
Disposable protective coverings for the hands.
HANDSINK
A lavatory equipped with tempered hot and cold running water under pressure, used solely for washing hands, arms or other portions of the body.
HEALTH OFFICER
Any officer of the Bureau of Zoning and Inspections of the City of Lancaster.
HOT WATER
Water at a temperature greater than or equal to 110° F. but not greater than 125° F.
A. 
Blood and body fluids in a liquid or semiliquid state;
B. 
Items contaminated with blood or body fluids, which, if compressed or disturbed, may release liquid or semiliquid blood or body fluids;
C. 
Sharps which have been used in performing body art;
D. 
Other waste which contains pathogenic microbial agents or other biologically active materials in sufficient concentrations that exposure to the waste directly or indirectly creates a significant risk of disease.
INSTRUMENTS USED FOR BODY ART
Hand pieces, needles, sharps, 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.
INVASIVE
Entry into the body either by incision or insertion of an instrument into or through the skin or mucosa, or by any other means intended to puncture, break or compromise the skin or mucosa.
JEWELRY
Any personal ornament inserted into a newly pierced area.
LICENSE
The written approval by the City of Lancaster to operate a body art establishment and/or to provide body art services. This license is separate from any other licensing requirement that may exist within communities or political subdivisions other than the City of Lancaster.
LICENSEE
A person who holds a license to operate a body art establishment or to provide body art services.
LIQUID CHEMICAL GERMICIDE
A disinfectant or sanitizer registered with the Environmental Protection Agency or an approximate 1:100 dilution of household chlorine bleach made fresh daily and dispensed from a spray bottle (500 ppm, 1/4 cup per gallon or two tablespoons per quart of tap water).
A. 
Blood and body fluids in a liquid or semiliquid state;
B. 
Items contaminated with blood or body fluids, which, if compressed or disturbed, may release liquid or semiliquid blood or body fluids;
C. 
Sharps which have been used in performing body art;
D. 
Other waste which contains pathogenic microbial agents or other biologically active materials in sufficient concentrations that exposure to the waste directly or indirectly creates a significant risk of disease.
MINOR
Any individual under the age of 18.
PERSON
An individual, any form of business or social organization or any other nongovernmental legal entity including but not limited to a corporation, partnership, limited liability company, association, trust or unincorporated organization.
PHYSICIAN
A health professional who has earned a degree of Doctor of Medicine (M.D.) after completing an approved course of study. A physician is required to obtain a license from the state in which professional services will be performed.
PROCEDURE SURFACE
Any surface of an inanimate object that contacts the client's skin during a body art procedure, skin preparation of the area adjacent to and including the body art procedure or any associated work area, which may require sanitizing.
RECORD/REGISTER
List.
SANITARY
Clean and free of agents of infection or disease.
SANITIZE/SANITIZATION PROCEDURE
A process of reducing the numbers of microorganisms on cleaned surfaces and equipment to a safe level as judged by public health standards and which has been approved by the Board of Health and/or by the Center for Disease Control and Prevention.
SHARPS
Any object (sterile or contaminated) that may purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited to, presterilized, single-use needles, scalpel blades and razor blades.
SHARPS CONTAINER
A puncture-resistant, leak-proof container that can be closed for handling, storage, transportation and disposal and is labeled with the international biohazard symbol.
SINGLE USE
Products or items that are intended for one-time, one-person use and are disposed of after use on each client including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups and gloves.
STERILIZATION
A process approved by the Board of Health resulting in the destruction of all forms of microbial life, including highly resistant bacterial spores.
TATTOO
The indelible mark, figure or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin.
TATTOOING
One or more of the following:
A. 
An indelible mark made upon the body of another person by the insertion of pigment under the skin.
B. 
An indelible design made upon the body of another person by production of scars other than by branding.
C. 
The above include all forms of cosmetic tattooing.
TATTOOIST
Any person who applies a tattoo to the body of another person.
TEMPORARY BODY ART ESTABLISHMENT
Any place or premise operating at a fixed location where an operator performs body art procedures for no more than 14 days consecutively in conjunction with a single event or celebration.
THREE DIMENSIONAL BODY ART
The form of body art consisting of or requiring the placement, injection or insertion of an object, device or other thing made of material such as steel, titanium, rubber, latex, plastic, glass or any other material, beneath the surface of the skin of a person.
UNIVERSAL PRECAUTIONS
A set of guidelines and controls, published by the Center 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. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HBV and other blood pathogens. Precautions include hand washing, gloving, personal protective equipment, injury prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products.
VARIANCE
A written document issued by the Health Officer with the consent of the Board which authorizes a modification or waiver of one or more of the requirements of this chapter if, in the opinion of the Health Officer and Board, a health hazard or nuisance will not result from the modification or waiver.
A. 
No person shall operate a body art establishment without first having obtained a license from the City's Bureau of Zoning and Inspections. A license application may be refused and a license may be revoked or suspended summarily by a Health Officer, but such action shall be subject to review by the Board.
B. 
No person shall perform body piercing or tattooing in the City of Lancaster without first having obtained a license from the City's Bureau of Zoning and Inspections. A license application may be refused and a license may be revoked or suspended summarily by a Health Officer, but such action shall be subject to review by the Board.
A. 
No body art establishment shall be operated in the City unless such establishment's owner or manager or designated agent has obtained the annual license required by this chapter. The fee for such an annual license is $100.
B. 
No person shall perform body piercing or tattooing in the City unless such person has obtained the annual license required by this chapter. The fee for such annual license is $25.
C. 
Any person failing to obtain or renew an annual license as required hereunder on or before the due date shall pay a penalty of 5%, in addition to being subject to any other fines, penalties and enforcement procedures set forth in this chapter.
D. 
The fees set forth in this § 269-5 may be changed from time to time by resolution of City Council of the City of Lancaster.
A. 
Any person wishing to obtain a license pursuant to the provisions of this chapter (whether initially or for renewal thereof) shall submit the applications required from time to time by the Bureau of Zoning and Inspections. For body art establishments, the applications will require inter alia, the following information: name of the body art establishment, names of all operators working there having licenses, and their home address and phone number, address of the body art establishment, proof of liability insurance, phone number of the establishment, method of sterilization to be utilized at the establishment, a site plan of the establishment drawn to scale, and a description of all body art procedures performed at the establishment. For body piercing and tattooing licenses, the application will require, inter alia, the following information: the name, address, home phone number and business phone number of the applicant, the address and phone number of the body art establishment where the applicant will be providing body art services, proof of vaccination (copy) of the applicant for Hepatitis B, the applicant's criminal history, a description of the applicant's experience in the field of body art, information regarding the applicant's completion of a blood borne pathogen-training program and proof that the applicant is at least 18 years of age.
B. 
All licenses issued pursuant to this chapter are nontransferable.
C. 
Any person obtaining a license hereunder, by submitting an application for license, agrees to permit the inspection of the body art establishment or work area of the body art operator and to comply with the requirements, rules and regulations of this chapter. All body art establishments shall be inspected at least twice annually, which inspections may be unannounced. All license holders shall at all times post conspicuously at their body art establishment their licenses and the results of the most recent inspection.
D. 
A Health Officer and/or the Board may revoke the license of any person who fails to comply with the provisions of this chapter or who willfully or continuously ignores or fails to comply with any rule or regulation adopted pursuant hereto within 10 days after the licensee has been notified, in writing, by a Health Officer or the Board of his delinquency in accordance with the provisions of § 269-9 hereof. All licenses may be suspended immediately if in the discretion of the Health Officer continued operation poses a serious health risk to operators, employees or clients. In such case, the license holder shall, within 24 hours of the revocation, be given written notice of the revocation, the reason for the revocation and the means by which the license may be reinstated.
E. 
No person shall hinder, impede or prevent any Health Officer from entering and/or inspecting any body art establishment or from performing any duty authorized by this chapter.
The holder of a license for operating a body art establishment shall ensure that the following documents are posted in each such licensed body art establishment in a conspicuous and prominent place:
A. 
A copy of the most recent inspection sheet (results);
B. 
Pamphlets or literature explaining body art aftercare;
C. 
The name, address and phone number of the Health Officers;
D. 
An emergency plan including:
(1) 
A plan for the purpose of contacting the police, fire or emergency medical services in the event of an emergency,
(2) 
A sign at or adjacent to the telephone indicating the correct emergency telephone numbers; and
(3) 
A plan for exiting the building in case of fire or other disaster;
E. 
An occupancy permit issued by the appropriate municipal official for the body art establishment; and
F. 
The license for such establishment and the licensees for each operator performing body art procedures at the establishment.
All body art establishments and operators providing body piercing and tattooing services shall comply with the following regulations, which regulations may be modified from time to time by resolution of the Board:
A. 
In order for the operator to properly assess the client's condition for receiving body art procedures and not violate the client's rights or confidential medical information, the operator must obtain and maintain a client record containing the following information regarding each client:
(1) 
Name, address, date of birth and ID (driver's license, passport, state ID of client);
(2) 
Any known allergies; and
(3) 
Any condition that may affect/hamper the healing process.
B. 
In addition to the information collected from the client, the client record must include:
(1) 
The name of the artist who performed the procedure;
(2) 
The date of the procedure;
(3) 
The location of the procedure on the client's body;
(4) 
A description of the type of procedure provided;
(5) 
Consent of the parent or legal guardian for all persons under the age of 18; and
(6) 
Signed statement by client acknowledging that he or she may be temporarily prohibited from donating blood under rules and regulations of the Red Cross.
C. 
The holder of a body art establishment license must ensure that the following records are kept and retained and shall be made available to the Health Officer upon request:
(1) 
Identification of each operator;
(2) 
Client records, which must be maintained in a confidential manner for four years; and
(3) 
Consent forms for persons under the age of 18, which must be kept for four years.
D. 
The holder of a body art establishment license must ensure that the establishment is well lighted, well ventilated and kept in a clean, orderly, sanitary condition at all times and free of infestation by insects or vermin and must assure that there is a telephone in good working order easily available and accessible to all operators, employees and clients during all hours of operation.
E. 
All body art establishments shall conform with the following requirements:
(1) 
Light with an artificial light source equivalent to at least 20 footcandles three feet off the floor, except that light sources equivalent to at least 100 footcandles shall be provided at the level where body art procedures are being performed and where instruments and sharps are assembled.
(2) 
All walls, floors and all procedure surfaces in rooms or areas where body art procedures are performed must be smooth, nonporous, washable, and in good repair. Floors shall be cleaned daily. Cleaning shall not occur while procedures are being performed.
(3) 
All body art establishments must have a dedicated physical address.
(4) 
All body art establishments must have:
(a) 
An entrance leading directly into the establishment;
(b) 
No direct opening between the establishment and any building or portion of a building used as living or sleeping quarters or as a food, liquor, or tobacco establishment; and
(c) 
Notwithstanding the foregoing, body art establishments located in a nail salon or cosmetology salon may share an entrance into the establishment. However, the body art establishment must be separated by wall extending from floor to ceiling.
(5) 
Each establishment shall have an area that will be screened from public view for customers requesting privacy or for all genitalia body art procedures. Dividers, curtains or partitions at a minimum shall separate multiple body art stations.
(6) 
A consistent fresh air supply must be provided to the establishment. Furnace or air conditioners shall be maintained to allow for airflow. Filters shall be cleaned or replaced annually or more frequently if necessary.
(7) 
No domestic or wild animals of any kind shall be present in a body art establishment except service animals used by persons with disabilities. Fish aquariums shall be allowed in nonprocedural areas.
(8) 
The doors to the establishment shall be self-closing and kept closed to prevent entrance by vermin and foreign particles.
(9) 
The establishment must at all times have a supply of hot and cold running water in sufficient quantities to conduct the facility in a sanitary manner. Further, the body art establishment shall be protected by a testable reduced back flow preventor installed in accordance with Pennsylvania codes. All wastewater must be disposed of through a system that carries it away from buildings and to a public sewer connection.
(10) 
The establishment must be maintained in a safe condition. It must have:
(a) 
Floors, floor coverings, walls, woodwork, ceilings, furniture, fixtures and equipment that are clean smooth, washable and in good repair;
(b) 
Floors that are free of unsafe objects and slippery or uneven surfaces;
(c) 
Doors, stairways, passageways, aisles or other means of exit providing safe and adequate access and where applicable, exits marked for easy escape;
(d) 
Electrical appliances or apparatus must be clean and have no worn or bare wiring to avoid fires, shocks and electrocution and all electrical outlets in operator areas, cleaning areas and bathroom facilities must be equipped with ground fault (GF) protected receptacles; and
(e) 
Water or product spills on the floor shall be removed immediately and the floor dried to avoid falls.
(11) 
The body art establishment must have the following equipment, all of which shall be in good repair, easily cleanable and kept in a sanitary manner at all times:
(a) 
Hand wash sink, which is kept clean and includes:
[1] 
Hot and cold running water preferably with wrist or foot operated controls;
[2] 
Liquid pump soap;
[3] 
Single-use paper towels; and
[4] 
Waste container.
(b) 
Sharps container. Contaminated sharps must be disposed of in an approved sharps container to prevent cross-contamination in accordance with 105 CMR 480.00, Storage and Disposal or Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code Chapter. It will be the responsibility of the owner of the body art establishment to be in possession of the most recent regulations and copies of OSHA Chapter 4.
(c) 
Equipment sink for employees use only which is easily cleanable and includes:
[1] 
Hot and cold running water, preferably with wrist or foot operated controls;
[2] 
Liquid pump soap;
[3] 
Single-use paper towels; and
[4] 
Waste container.
(d) 
Autoclave(s). The 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 Health Officer. Autoclaves shall be positioned away from workstations or areas available to the public. Cleaning and logbooks are to be available for inspection. Each owner of the body art establishment shall demonstrate that the autoclave is capable of attaining sterilization by monthly spore tests. These tests shall be verified through an independent laboratory. These records shall be kept by the owner for three years and made available to the Health Officer upon request.
(e) 
Waste receptacles. Each workstation shall have a waste receptacle, which is covered and lined with a disposable bag.
(f) 
Work counters. All work counters shall be smooth, nonporous and easily cleanable. All work areas shall have a germicidal cleaner marked as such.
(g) 
Disposable ink caps. Ink caps are required if providing tattooing and permanent color technology procedures. Ink cap holders shall be smooth, nonporous and disposable.
(h) 
First aid kit. Body art establishments are required to have a complete first aid kit.
(i) 
Chairs. All chairs for operators, as well as clients, shall be made of smooth, cleanable materials. Cloth is not permitted.
(j) 
Cabinets or containers for storage. All cabinets and containers shall be maintained and shall be kept in a clean and sanitary manner.
(k) 
Requirements for single-use items including inks, dyes and pigments.
[1] 
Single-use items shall not be used on more than one client for any reason. After use, single-use sharps shall be immediately disposed of in approved sharps container pursuant to 105 CMR 480.000.
[2] 
All products applied to the skin, such as but not limited to body art stencils, applicators, gauze and razors, shall be single use and appropriately disposed of.
[3] 
Hollow bore needles or needles with cannula shall not be reused but rather properly disposed of.
[4] 
All inks, dyes, pigments, solid core needles, and equipment shall be specifically manufactured for performing body art procedures and shall be used according to manufacturer's instructions.
[5] 
Inks, dyes, or pigments may be mixed and may only be diluted with water from an approved potable source. Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper cups or plastic cups. Upon completion of the tattoo, these single-use cups or caps and their contents shall be discarded.
(l) 
Toilet facilities. Toilet facilities shall be offered and conveniently located during all business hours for all operators, employees and clients. A hand wash sink shall be offered, and signage shall be visible reminding employees to wash their hands.
(12) 
The holder of the body art establishment license shall maintain all the furniture and equipment in the establishment in good working order and keep it in a clean and sanitary manner.
(13) 
The holder of the body art establishment license must ensure that storage within the establishment and body artists comply with the following requirements:
(a) 
Flammable and combustible chemicals shall be stored away from potential sources of ignition such as an open flame or an electrical device.
(b) 
All chemicals shall be stored in closed bottles or containers and clearly labeled.
(c) 
No cleaning/sterilizing products shall be stored:
[1] 
Where food is kept;
[2] 
In the rest room, unless in a locked cabinet; or
[3] 
With single-use supplies.
(d) 
Storage units. All cabinets, drawers, and containers used for storage of supplies, instruments and towels shall be kept clean.
(e) 
Supplies.
[1] 
Unused supplies shall be stored in a clean, enclosed container or drawer;
[2] 
Used/soiled disposable supplies shall be discarded immediately in a clean, closed waste receptacle with a plastic liner; and
[3] 
Shall be labeled accordingly.
(f) 
Instrument storage.
[1] 
Instruments that have been used on a client or soiled in any manner shall be placed in a properly labeled covered receptacle until sterilized;
[2] 
Sterilized instruments shall be individually packed and stored in a clean, closed container or drawer until used and are to be stored six to 12 inches off the floor, dated with an expiration date not to exceed six months; and
[3] 
Sterile instruments may not be used if the package has been breached or after the expiration date without first resterilizing.
(g) 
Contaminated sharps must be stored and disposed of in approved sharps container to prevent cross-contamination.
(h) 
Infectious waste must be:
[1] 
Handled and stored so that human exposure is prevented;
[2] 
Discarded in double-lined plastic bags in a covered waste receptacle or in an approved red bag marked with the international biohazard symbol and stored safely until transported by a licensed infectious waste hauler to an appropriate treatment or disposal facility; and
[3] 
Records of infectious waste disposed of shall be retained for one year.
(14) 
The holder of a body art establishment license must ensure that the use of towels/linens in the establishment meets the following requirements and that body artists working therein comply with the following requirements:
(a) 
Cloth linens, after use, shall be disposed of in a labeled receptacle that has a cover;
(b) 
Used cloth linens shall not be used again until they are laundered and sanitized;
(c) 
Single-use towels may be used for body art procedures and must be discarded in a labeled receptacle that has a cover, with a disposable plastic liner, immediately following each body art procedure; and
(d) 
Linens to be laundered shall be laundered either by a commercial washer which includes immersion in laundry detergent and either chlorine bleach or water at 160° F., for not less than 15 minutes during the washing and rinsing operation. Linen service from a source approved by the Health Officer or the Board may be substituted as an alternative method.
(15) 
The holder of a body art establishment license must ensure that the use of products in the establishment meet the following requirements and that all body artists providing services therein comply with the following requirements:
(a) 
All liquids, cosmetics, creams, gels, pastes, powders, and other products are kept in clean, closed containers;
(b) 
Original product bottles and containers have an original manufacturer label;
(c) 
When only a portion of the product is to be used on a client, the product shall be removed from the container by a spatula, scoop, spoon, or dropper so that the product dos not come in direct contact with the client and to assure that the remaining product is not contaminated;
(d) 
If a product is poured into another container, such as a shaker, dispenser pump container, or spray container, the container is labeled to identify the product;
(e) 
Supplies and implements which come in direct contact with a client and cannot be disinfected, such as cotton pads, cotton balls, pads, Q-tips, sponges, bandages, tapes, surgical dressing and other similar items, shall be disposed of in a covered waste receptacle, with a plastic liner, or, if contaminated with body fluids, in a hazardous waste container, immediately after use;
(f) 
All products applied to the skin, including stencils, must be single-use and disposable. Petroleum jellies, soaps, and other products used in the application of stencils must be dispensed and applied on the area to be tattooed with sterile gauze or in a manner to prevent contamination; and
(g) 
Only petroleum jelly, United States Pharmacopoeia or National Formulary shall be applied to the area to be tattooed and it shall be in a collapsible metal or plastic tube. The application may be spread by the use of sterile gauze but not directly with the fingers.
(16) 
All license holders must ensure that after use by each operator and/or a client, all nondisposable instruments and procedure work surfaces are cleaned and sterilized with a sanitizer that has a demonstrated antimicrobial activity, as indicated by the product label and that the following requirements are complied with:
(a) 
Jewelry used for new body piercing must be sterilized with an autoclave or chem-clave. Acrylic jewelry cannot be used for a new piercing. Jewelry used in healed body piercing does not have to be sterilized, but must be used according to product label;
(b) 
Clippers must be disinfected with a liquid chemical sterilant after each use;
(c) 
All nondisposable instruments used for body art must be cleansed and sterilized after each use. Autoclave or chem-clave sterilization must be conducted for the cycle of time and corresponding operating pressure recommended by the manufacturer of the autoclave. Sanitizers used in the cleaning process must have demonstrated anti microbial activity, as indicated by the product label and be registered with the U.S. Environmental Protection Agency;
(d) 
Instruments that are to be autoclaved within the facility must be packed in a single-use autoclave bag with the date of sterilization. The expiration date must not exceed 60 days from the date autoclaved;
(e) 
All sterilized instruments must remain stored in sterilized packages until just prior to performing a body art procedure. Where several instruments are sterilized at the same time in the same package, such as in a single-use setup, once the container is opened any instrument not used immediately in a procedure must be resterilized;
(f) 
Every batch of sterilized equipment must be monitored for sterilization by use of a heat sensitive indicator that is capable of indicating approximate time and temperature achieved; and
(g) 
Only jewelry meeting the requirements hereunder which is free of nicks, scratches or irregular surfaces and which has been properly sterilized prior to use may be inserted into a newly pierced area.
(17) 
Each body art establishment is to be equipped with an autoclave which is a design, style or model that has received clearance by the U.S. Food and Drug Administration for conformance with section 510 (k) of the Federal Food, Drug and Cosmetic Act. Alternate sterilizing equipment may only be used when specifically approved in writing by the Department. After each use and before use on another customer, all needle bars, grips and tubes and needles shall be processed by the following procedure: cleaned, packaged in a self-sealing autoclave bag which is dated with an expiration date not to exceed six months, and arranged in an autoclave which is operated in strict accordance with the manufacturer's recommendations. As the operation time of the autoclave may vary with the type of instrument, the packaging of that item and the arrangement of items in the autoclave, it is critical that the manufacturer's operation manual be followed. This will assure that each item placed in the autoclave achieves the proper temperature for sterilization. Temperature sensitive autoclave tape, autoclave bags with a chemical color indicator on the bag or any other temperature sensitive medium approved for autoclaves by the Department must be applied to each load every time the autoclave is used. To further confirm that the autoclave is operated in a manner to assure sterility of the processed instruments, it must be tested monthly using a biological indicator such as spore strips or spore suspensions which are processed by a laboratory. The operator must maintain records documenting such testing for three years. A copy of the manufacturer's recommended procedures for the operation of the autoclave is to be available for inspection by the Department. An autoclave, which has received a positive spore test, must be immediately removed from service and all instruments allegedly sterilized by that autoclave shall not be utilized on any client. Prior to using, the operator must ensure that there is evidence of one negative spore test. If the autoclave requires repair work, it cannot be utilized until it has received two negative spore tests. Autoclaves must be cleaned and serviced at the frequency recommended by the manufacturer. A copy of the manufacturer's cleaning and servicing instructions must be maintained in the body art establishment.
(18) 
Pigments, colors and dyes used from stock solutions for each client must be placed in a single-use receptacle and the receptacle and remaining solution must be discarded and disposed of after each use.
(a) 
All dyes, inks and pigments shall be from a source of supply which complies with applicable U.S. Food and Drug Administration regulations when available. Dyes, inks and pigments are to be used in accordance with the manufacturer's directions and are not to be adulterated with any substance not recommended by the manufacturer.
(b) 
A client must not receive body art procedures on areas which are irritated/inflamed or have moles, rash, broken skin, infection or any other evidence of an unhealthy condition such as TB, influenza, HIV, impetigo, syphilis, mumps, hepatitis, sclera, jaundice or rubella.
(c) 
Licensees and operators must be able to demonstrate knowledge in anatomy and skin diseases, infections, disease control and universal precautions.
(19) 
Every body artist must wash his/her hands thoroughly with liquid antibacterial soap and water and dry them with single-use disposable towels, before and after serving each client and at any time during the procedure when the hands may become contaminated.
(20) 
The owner of a body art establishment must ensure that each licensee wears gloves, and each operator shall wear gloves in accordance with the following:
(a) 
When performing body art procedures, the operator must wash his/her hands prior to gloving;
(b) 
Gloves must be disposed of after the completion of each procedure on each client; and
(c) 
If gloves become torn, punctured or otherwise contaminated, operators must remove and dispose of the gloves, wash his/her hands with liquid soap and water, and dry with a disposable towel, and then put on a new pair of gloves before resuming the body art procedure.
(21) 
Single-use items must not be used on more than one client. After use, all single-use needles, razors, razor blades and other sharps must be immediately disposed of in an approved sharps disposal container in accordance with 105 CMR 480.00.
(22) 
No body art procedure shall be performed until the following inspections, shavings and preparations of the body art area have occurred:
(a) 
No body piercing shall be done on skin surfaces which have any rash, pimples, boils, infections or any other evidence of an unhealthy condition;
(b) 
If the skin is to be shaved, the skin surface must first be washed with soap and warm water. Disposable razors, for each client, shall be used for preparation of the areas to be pierced;
(c) 
Prior to piercing, the area to be pierced shall be gently scrubbed with an approved surgical scrub material or a sterile gauze pad soaked in a germicidal preparation registered with the Environmental Protection Agency and applied in accordance with the manufacturer's recommendations;
(d) 
Only medical grade markers or ink and sterile toothpicks are to be used to identify the areas to be pierced. Gentian violet may be utilized for marking oral piercings; and
(e) 
The use of styptic pencils, alum blocks or other solid styptic to check the flow of blood is prohibited.
(23) 
All license holders must ensure that the body art establishment, operators and employees use disinfectant solution in accordance with the manufacturer's directions. Body artists must comply with the following requirements:
(a) 
Label the disinfectant solution;
(b) 
Keep the disinfectant solution covered at all times; and
(c) 
Change the disinfectant solution whenever visibly cloudy or dirty.
(24) 
While in the body art establishment, license holders must not engage in or allow any other person to engage in any of the following activities:
(a) 
Consuming food or beverages in any area where body art is performed;
(b) 
Storing food in the same area where chemical supplies are used or stored;
(c) 
Using, consuming, serving, or in any manner possessing or distributing intoxicating beverages or controlled substances upon its premises during the hours the facility is open to the public and/or any body art procedures are being performed; and
(d) 
Performing body art when she/he is under the influence of alcohol, narcotic drugs, stimulants, or depressants or on any person who appears to be under the influence of alcohol, narcotic drugs, stimulants, or depressants.
(25) 
All jewelry to be used in body art procedures is to be made from one of the following grades: 316LVM and/or surgical implant grade stainless steel AST F 138; solid yellow or white gold which is 14K or 18K; titanium meeting ASTM TiA4V ELI, F136; niobium; platinum; high-density, low porosity nontoxic plastics meeting FDA standards where applicable (Tygon and PTFE); and autoclavable borosilicate glass (Pyrex). Certification of the quality of the jewelry is to be obtained from the manufacturer/supplier and made available for inspection. Substandard jewelry such as that which is damaged, scratched, intended for earlobes or not expressly designed for body piercing, jewelry made of silver, gold plated or filled or other corrosive metal or threaded jewelry 16 gauge or thicker with external threads shall not be used. When stored in a closed clean, dry container, jewelry stored in paper autoclave bags may be stored up to three months and up to one year when a full plastic autoclave bag is used.
(26) 
No person may perform a body art procedure on or to any person under 18 years of age without prior written consent of the parent or court-appointed guardian of such person. The person giving consent must be present during the procedure.
(a) 
The person providing the body art procedure must retain a copy of the consent for four years.
(b) 
Artists have the right to refuse to perform body art procedures on a person less than 18 years of age.
(27) 
All recipients of a body art procedure shall receive from the body artist and/or the body art establishment both written and verbal after care which shall include, inter alia, circumstances under which the client should seek medical treatment.
A. 
Any person violating or failing to comply with this chapter or any section or provision hereof or any regulation made under its authority and any person who hinders, obstructs or interferes with a Health Officer of any of his assistants in the discharge of their duties shall, on conviction, be fined not less than $50 or more than $300 plus the costs of their prosecution for the first offense and not less than $200 and not more than $1,000 plus the costs of prosecution for all succeeding offenses and in default of payment of such fines and costs, shall be imprisoned for not more than 90 days.
B. 
If the violation shall be by a corporation, partnership, limited liability company, association or other legal entity, the directors of such corporations, partners of such partnership, or members of such limited liability companies or associations, its agents and employees, with guilty knowledge of the violation, shall also be guilty of an offense and on conviction hereof shall be punished as aforesaid.
C. 
All fees and fines imposed or collected under the provisions of this chapter shall be paid into the City Treasury for the use of the City.
D. 
Failure to observe any of the provisions of this chapter are grounds for revocation of a license or denial of a renewal of a license. Unless a license is being temporarily and immediately revoked for health reasons in accordance with the provisions of this chapter, prior to the revocation or denial of renewal, the City shall give 10 days written notice to the licensee of his violation of or his failure to observe a general condition as set forth herein. If the licensee requests a hearing prior to the expiration of that ten-day notice period, the Board shall have a hearing to determine if the revocation or renewal denial should occur. In order to request a hearing, the licensee must do so in writing and include with his or her written request for a hearing the sum of $50.00 made payable to the City Treasury as the fee for such hearing. The licensee may present evidence in his behalf at such hearing. The Board shall render a written decision within 45 days of the hearing. If the licensee fails to request such a hearing, the revocation or renewal denial shall be effective upon the expiration of the ten-day period or upon expiration of the term of the existing license, as will be set forth in the written notice.
E. 
Any person convicted of two violations of the provisions of this chapter within any twelve-month period shall have his license suspended for one full year and shall not be eligible for another license until the expiration of one full year.
F. 
This chapter and the foregoing penalties shall not be construed to limit or deny the right of the City or any person to such equitable or other remedies as may be otherwise available with or without process of law.