[HISTORY: Adopted by the City Council of
the City of Lancaster 2-27-2007 by Ord. No. 4-2007. Amendments noted where
applicable.]
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:
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.
An agent that destroys disease-causing microorganisms on
human skin or mucosa.
An individual being taught a trade.
A license issued to any person holding a license of the City
of Lancaster to operate a body art establishment allowing an apprentice
named on such license to practice body art services in such establishment
under the direct supervision of the individual named in the license
to operate the body art establishment or facility. Apprentice licenses
shall be in effect for a period of 18 months for body piercing and
36 months for tattooing.
[Added 2-26-2019 by Ord. No. 02-2019]
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.
An apparatus for sterilization, utilizing steam pressure
at a specific temperature over a period of time.
Standard OSHA Guidelines as defined in 29 CFR 1910.103, "Occupational
Exposure to Bloodborne Pathogens."
The Board of Health of the City of Lancaster.
The practice of body piercing and tattooing.
Any space where body piercing or tattooing is conducted.
The perforation of human tissue, excluding ear piercing,
for a nonmedical purpose.
A person who requests a body art procedure at a body art
establishment.
A file for the client maintaining information regarding the
client and the body art procedures provided to the client.
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."
Permanent cosmetics and/or micropigment implantation.
A product registered as a disinfectant by the U.S. Environmental
Protection Agency (EPA).
The destruction of disease-causing microorganisms on inanimate
objects or surfaces, thereby rendering these objects safe for use
or handling.
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.
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.
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.
Disposable protective coverings for the hands.
A lavatory equipped with tempered hot and cold running water
under pressure, used solely for washing hands, arms or other portions
of the body.
Individual or individuals appointed by the City of Lancaster
to perform the duties and responsibilities of a health officer in
accordance with Chapter 123, subchapter A, § 12305 of the
Third-Class City Code, as amended.
[Amended 2-26-2019 by Ord. No. 02-2019]
Water at a temperature greater than or equal to 110°
F. but not greater than 125° F.
Blood and body fluids in a liquid or semiliquid
state;
Items contaminated with blood or body fluids,
which, if compressed or disturbed, may release liquid or semiliquid
blood or body fluids;
Sharps which have been used in performing body
art;
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.
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.
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.
Any personal ornament inserted into a newly pierced area.
The written approval by the City of Lancaster to operate
a body art establishment, and/or to provide body art services. The
term "license" includes an apprentice license. Any license issued
hereunder is separate from any other licensing requirement that may
exist within communities or political subdivisions other than the
City of Lancaster.
[Amended 2-26-2019 by Ord. No. 02-2019]
A person who holds a license to operate a body art establishment
or to provide body art services.
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).
Blood and body fluids in a liquid or semiliquid
state;
Items contaminated with blood or body fluids,
which, if compressed or disturbed, may release liquid or semiliquid
blood or body fluids;
Sharps which have been used in performing body
art;
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.
Any individual under the age of 18.
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.
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.
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.
List.
Clean and free of agents of infection or disease.
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.
A noninvasive, nonsurgical method in which microneedles inject
pigment into the epidermal layer of the scalp or beard line to replicate
the look of a hair follicle.
[Added 6-22-2021 by Ord. No. 11-2021]
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.
A puncture-resistant, leak-proof container that can be closed
for handling, storage, transportation and disposal and is labeled
with the international biohazard symbol.
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.
A process approved by the Board of Health resulting in the
destruction of all forms of microbial life, including highly resistant
bacterial spores.
The indelible mark, figure or decorative design introduced
by insertion of dyes or pigments into or under the subcutaneous portion
of the skin.
One or more of the following:
Any person who applies a tattoo to the body of another person.
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.
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.
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.
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.
[Amended 2-26-2019 by Ord. No. 02-2019]
A.
No person shall operate a body art establishment
without first having obtained a license from the City's Health Officer.
A license 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. Further, no person operating a body art establishment
under a license of the City of Lancaster shall allow any individual
to perform body piercing or tattooing in their body art establishment
who does not have a license to perform the same issued by the City
of Lancaster or who is not subject to an apprentice license issued
to the operator of the body art establishment by the City of Lancaster.
B.
No person shall perform body piercing or
tattooing in the City of Lancaster without first having obtained a
license from the City's Health Officer. A license application may
be refused and a license may be revoked or suspended summarily by
the City's Health Officer, but such action shall be subject to review
by the Board of Health.
C.
No person shall operate a temporary body art establishment without having received a license from the City's Health Officer, which license will not be issued unless the applicant furnishes proof of compliance with the operator's requirements set forth in this chapter, and that applicant is currently affiliated with a fixed permanent facility which, where applicable, is licensed under Subsection A above, and the applicant agrees to comply with the regulations of the Board relating to such temporary body art establishment. A fee of $25 shall be charged for issuance of such license, which fee may be charged from time to time by resolution of the City Council.
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 of Lancaster unless such persons obtain the
annual license required by this chapter. The fee for such annual license
is $25. Additionally, no operator of a body art establishment shall
employ an apprentice without having obtained the apprentice license
and paid the apprentice license fee of $25.
[Amended 2-26-2019 by Ord. No. 02-2019]
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.
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 Health
Officer. 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.
[Amended 2-26-2019 by Ord. No. 02-2019]
(1)
No license shall be issued to a person
to operate a body art establishment or to perform body piercing or
tattooing in the City of Lancaster unless:
(a)
The applicant furnishes proof of
having previously held such license; or
(b)
The applicant furnishes proof of
having served an apprenticeship in tattooing under a license issued
to an operator of a body art establishment pursuant to this section
for a period of at least three years, or apprenticeship in body piercing
under a license issued to an operator of a body art establishment
pursuant to this section for a period of at least 18 months; or
(c)
The applicant furnishes proof of
having practiced the art of tattooing or body piercing as a full-time
occupation prior to the date of the passage of this subsection; and
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:
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.
G.
Each and every apprentice license issued
to the operator of the body art establishment.
[Added 2-26-2019 by Ord. No. 02-2019]
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:
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:
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:
(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.
(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.
(d)
Storage units. All cabinets, drawers, and containers
used for storage of supplies, instruments and towels shall be kept
clean.
(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 U.S. Food and Drug Administration. 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 U.S. Food and Drug Administration 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
U.S. Food and Drug Administration. 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.
[Amended 2-26-2019 by Ord. No. 02-2019]
(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:
(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.
(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.
[Added 6-22-2021 by Ord. No. 11-2021]
Individuals possessing a license from the Commonwealth of Pennsylvania
Board of Cosmetology to provide barbering, cosmetology or esthetics
services may perform scalp micropigmentation without a license from
the City of Lancaster to perform body art services provided they comply
with the following:
A.
They possess a valid and active license for barbering, esthetics
or cosmetology from the Commonwealth of Pennsylvania;
C.
They have completed six months of documented training satisfactory
to the Board of Health in the provision of scalp micropigmentation
services;
D.
They perform scalp micropigmentation services in a facility that meets the qualifications for a body art establishment set forth in § 269-8; and
E.
They receive from the City of Lancaster's Board of Health a
scalp micropigmentation permit. Such permit shall be issued for one
year and shall require a payment of a $25 annual permit fee. This
fee may be changed from time to time by resolution of the City Council
of the City of Lancaster. Any person failing to retain or renew an
annual permit as required hereunder on or before its 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. The
holders of such permits shall post those permits conspicuously in
any facility in which they are performing scalp micropigmentation
services; and
F.
They only perform scalp micropigmentation services in establishments which have been inspected and approved annually by the Health Officer for compliance with the provisions of § 269-8. Those establishments must either have a license or receive a compliance certificate from the Health Officer. If operating with a compliance certificate, the certificate must be posted conspicuously at the establishment. A $100 fee shall be paid for such inspection and compliance certificate which fee may be changed from time to time by resolution of the City Council of the City of Lancaster.
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.
