[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Tattoos and tattoo establishments in the Borough of Glassboro shall be governed by N.J.A.C. 8:27-1 et seq. or the most recently adopted New Jersey State Sanitary Code.
The words hereafter defined shall have the meaning as indicated below for the purpose of this article:
BLOOD TESTING All references herein to blood testing shall require that same be undertaken by a duly licensed and/or certified laboratory or institution. Said reports of blood testing results shall set forth a comprehensive list of all items for which a person was tested and shall state whether said person tested positive or negative for each item.
BOARD The Board of Health of the Borough of Glassboro or its duly authorized agent, officer or inspector.
CERTIFICATE OF SANITATION A certificate issued to the owner or proprietor of a tattoo parlor or establishment under the provisions of this article.
CERTIFIED MEDICAL REPORTS All references herein to a certified medical report shall require that a medical examination and/or testing be undertaken by a duly licensed medical physician with appropriate credentials to undertake same, who must submit a certified comprehensive report depicting thorough findings, diagnosis and prognosis of said person.
LICENSE A certificate issued to a tattooer of a tattoo parlor or establishment under the provisions of this article. Each said tattooer in any tattoo parlor or establishment shall have a tattoo license.
TATTOO The indelible mark or figure affixed upon the surface of the human body or the insertion of pigment under the skin or by production of scars; further defined as a permanent mark or design made on the skin by a process or similar process of pricking and ingraining an indelible pigment or by raising scars. This definition is to be liberally construed, interpreted, defined and/or redefined solely by the Board, which may enlarge its interpretation or definition to include other similar businesses not yet recognized or known.
TATTOOER A person who forms or removes tattoos. This definition is to be liberally construed, interpreted, defined and/or redefined solely by the Board, which may enlarge its interpretation or definition to include other similar businesses not yet recognized or known.
TATTOO PARLOR OR ESTABLISHMENT Any establishment or business operation that removes or affixes a tattoo upon the surface of the human body with or without the tender of consideration.
The Board shall approve or deny each application for a certificate of sanitation and/or tattooer's license with a renewal thereof, either to operate a tattoo parlor or establishment or to engage in the business of or to be employed as a tattooer, which application shall be submitted to the Board and shall be approved by the Board before any certificate of sanitation or tattooer's license shall issue. The Board shall also have the right to place additional restrictions upon said tattooer and/or tattoo parlor or establishment, which shall include but not be limited to the right to place same on conditional probation for a fixed or nonfixed period of time, as well as the right to revoke or terminate said certificate of sanitation and/or tattooer's license at any time. In the event that the Board elects to suspend or revoke any tattooers license or certificate of sanitation for violations of this article, said person or persons shall receive due notice and hearing before the actions of the Board are deemed to be permanent. However, said person or persons shall refrain from any or all business matters relating to tattooing until said hearing occurs and shall continue to refrain from said business if the Board determines that the suspension and/or revocation was appropriate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Operational regulations.
A. Facility layout.
(1) All facilities shall have a waiting area that is physically separated from the workstations and equipment cleaning room.
(2) All facilities that reprocess reusable instruments shall have an equipment cleaning room that is physically separated from the workstations. Facilities that use all disposable equipment shall be exempt from this requirement.
(a) Design shall allow adequate space for receiving, cleaning, decontaminating, preparing and packaging.
(b) Workflow and traffic patterns shall be designed to flow from soiled to clean areas.
(c) Suitable signs to designate soiled and clean work spaces shall be used to limit the possibility of cross-contamination into clean work areas.
(d) Handwashing facilities shall be operable and conveniently located in the equipment cleaning room.
(e) Manual cleaning of instruments shall be conducted in a sink of sufficient size to process soiled instruments.
(f) An emergency eye-flushing device shall be provided where needle-building activities are performed.
(g) Exhaust hoods shall be provided over needle-building work areas and shall have a dedicated exhaust directly to outside air.
(3) All rooms used for body art procedures shall be completely separated from any room used for human habitation, food service or other such activity which may cause potential contamination of work surfaces.
(a) Display cases and retail sales shall be physically separated from workstations.
(4) The workstation shall not be less than 80 square feet. Facilities existing as of February 19, 2002, are exempt from this requirement until renovations to expand are conducted.
(a) A separate room shall be provided for permanent cosmetics.
(b) Partitions shall be provided between workstations. The partitions shall be easily cleanable and kept in good repair. The partitions shall be at least six feet in height and capable of providing complete privacy, which is required for nipple and genital piercings.
(c) Storage cabinets shall be adequate to accommodate supplies needed for the procedure in the room.
(5) At least one hand sink with hot and cold running water under pressure, and equipped with wrist-, foot-, or sensor-operated controls and supplied with liquid soap and disposable paper towels shall be readily accessible and provided for every two workstations within the body art establishment. All body art establishments shall be in compliance with this subsection by no later than August 19, 2003.
(6) Furniture in the procedure rooms shall be of nonporous materials and cleaned and sanitized after each use.
(a) Worktables shall be constructed of smooth, easily cleanable material and cleaned and sanitized between use.
B. Environment.
(1) All floors and walls shall be made of smooth, nonabsorbent and nonporous material that is easily cleanable.
(a) Concrete blocks or other masonry used in wall construction shall be covered or made smooth and sealed for a washable surface.
(b) Walls and ceilings shall be light-colored.
(c) The use of carpet in work areas and in the equipment cleaning room shall be prohibited.
(2) The work areas shall be ventilated to prevent odors.
(3) At least 50 footcandles of artificial light shall be provided within the establishment.
(a) At least 100 footcandles of artificial light shall be provided at workstations and in the equipment cleaning room.
(4) The water supply shall be constructed, protected, operated and maintained in conformance with the New Jersey Safe Drinking Water Act (N.J.S.A. 58:12A-1 through 12A-11 and N.J.A.C. 7:10) and local laws, ordinances and regulations.
(a) Drinking water fountains shall be constructed according to the New Jersey Uniform Construction Code, N.J.A.C. 5:23.
(5) All wastewater shall be disposed of by one of the following approved methods:
(a) Sanitary sewer. Wastewater shall be discharged into a public sanitary sewer operated by a municipal sewer authority.
(b) Subsurface sewer disposal facility. The location and construction of a subsurface sewage disposal system shall be in accordance with N.J.A.C. 7:9A-2 (standards for the construction of individual subsurface sewage disposal systems), the New Jersey Water Pollution Control Act Regulations (N.J.A.C. 7:14) and local laws, ordinances and regulations.
C. Sanitary facilities.
(1) A public restroom shall be available and in operable condition to clients during all business hours.
(2) Water closets and lavatories shall be in conformance with the regulations set forth in the New Jersey Uniform Construction Code, N.J.A.C. 5:23.
(3) Fixtures shall comply with all applicable local ordinances and conform to the following requirements:
(a) Toilet tissue and paper towel holders, supplied with tissue and paper towels, shall be provided in each toilet;
(b) Suitable receptacles shall be provided for the disposal of paper towels and waste materials;
(c) Common towels shall not be permitted; and
(d) Liquid soap and dispensers shall be provided and maintained at each lavatory. The dispenser shall be of all metal or plastic. No glass shall be permitted in these dispensers.
D. Waste management.
(1) Plastic bags shall be used for the removal of soiled waste.
(a) Bags shall be of sufficient strength to safely contain waste from point of origin to point of disposal and shall be effectively closed prior to disposal.
(b) Outside storage containers for solid waste shall be kept covered and shall comply with local ordinances.
(2) For the purpose of this chapter, solid waste generated during body art procedures that are sharp such as needles and razors or items saturated and/or dripping with blood or body fluids shall be handled, stored, packaged, labeled, transported and disposed of in accordance with the provisions and standards found at N.J.A.C. 7:26-3A.
E. Pest control and animal control.
(1) Controls shall be used to minimize or eliminate the presence of rodents, flies, roaches, and other vermin. The premises shall be kept in such condition as to prevent the breeding, harborage, or feeding of vermin.
(a) The application of pesticide shall conform to the requirements of the New Jersey Pesticide Control Rules, N.J.A.C. 7:30.
(2) No live animals shall be kept or allowed in any room where body art is conducted. An exception shall be made for service animals, which shall be permitted for the purpose of accompanying physically disabled persons.
F. Client records.
(1) All client records shall be retained for a minimum of three years and made available upon request to the health official.
(2) Each client shall complete an application for all body art procedures. The application shall include the following:
(a) The name, date of birth, proof of age, and address of the client; an emergency telephone number and contact individual for the client; the date of the procedure; the name of practitioner who performed the procedure(s); the type and location of the procedure performed; the signature of client and, if the client is a minor, proof of parental or guardian presence and written consent;
(b) A medical health history form that includes a history of any information that would aid the practitioner in the client's body art healing process evaluation. The health history form shall, at a minimum, include medical conditions, such as diabetes, allergies, skin conditions, and a list of medications; and
(c) A consent form, which shall be established for each procedure and shall be reviewed verbally with the client prior to performing any procedure(s). Said consent form shall minimally consist of the type of procedure(s) to be performed, its risks, alternatives, generally accepted results, an after-care plan, and the client's signed acceptance of the recommended procedure by the named practitioner.
(3) Body art procedures on a person under 18 years of age shall not be performed without the written consent of the parent or legal guardian of such minor.
(a) Government-issued photographic identification of the client shall be photocopied and maintained on file with the client's application.
(b) Identification of the parent or legal guardian shall be photocopied and maintained on file with the client's application.
(c) The parent or legal guardian shall accompany the client at the time of the body art procedure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall knowingly or willfully make any false statement to the Board relative to any matter under this article or who shall violate any provision of this article shall, upon conviction thereof, be subject to a fine of not less than $50 nor more than $1,000 for each violation. In addition, any person convicted under this article shall have his or her license or certificate of sanitation suspended for one year. Each day a particular violation or offense continues shall constitute a separate violation or offense.