[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:
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.
The Board of Health of the Borough of Glassboro or its duly
authorized agent, officer or inspector.
A certificate issued to the owner or proprietor of a tattoo
parlor or establishment under the provisions of this article.
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.
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.
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.
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.
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.
A.
Tattoo parlor or establishment.
(1)
No person or business entity shall operate any tattoo
parlor or establishment or utilize any premises located in the Borough
of Glassboro for same except where said person or business entity
has complied with the provisions of this article.
(2)
Only persons or business entities which have been
issued from the Board a certificate of sanitation and the appropriate
number of tattooer licenses shall be permitted to operate a tattoo
parlor or establishment in the Borough of Glassboro.
B.
Certificate of sanitation. All persons or business
entities which own and/or operate a tattoo parlor or establishment
in the Borough of Glassboro must make application for same before
the Board. Upon review of same, it shall be in the Board's sole discretion
to determine whether or not to issue a certificate of sanitation.
If it is the Board's determination that the person or business entity
applying for same has met the necessary criteria, the Board shall
issue a certificate of sanitation. Said certificate of sanitation
shall be necessary for the operation of a tattoo parlor or establishment.
Said tattoo parlor or establishment shall not operate without a current
and valid certificate of sanitation.
C.
License to engage as tattooer. No person shall render
or perform services as a tattooer or engage in the business of tattooing
or be employed as a tattooer unless said person shall first make application
and receive a tattooers license issued by the Board. Upon review of
same, it shall be the Board's sole discretion to determine whether
or not to issue said tattooers license. Said person or persons shall
not engage in tattooing unless in possession of a current and valid
tattooers license.
D.
Employee health, communicable and blood-borne diseases. Facility
owner(s) shall be responsible for adhering to the following standards:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The skin of the practitioner shall be free of rash or infection.
(2)
No person affected with boils, infected wounds, open sores, abrasions,
and/or weeping dermatological lesions shall work in a body art establishment
until written documentation is obtained from a physician, provided
to the operator, and kept on file, indicating the condition is no
longer transmissible or communicable.
(3)
A practitioner or employee is prohibited from providing body art
services or working in a facility while having an acute respiratory
infection or other disease or condition which has been diagnosed by
a physician to be in a communicable or transmissible form.
(4)
A practitioner or employee shall not diagnose or treat any suspected
communicable or transmissible disease or condition.
(5)
A practitioner or employee providing services or working in a facility
while diagnosed with or suspected of having acquired immunodeficiency
virus and related immunodeficiency conditions or the hepatitis B or
hepatitis C virus shall observe and follow the standards for public
service workers regarding personal protective equipment and disposal
of blood or bodily fluid contaminated articles, tools and equipment
as set forth in the Occupational Safety and Health Administration
(OSHA) Rule, 29 CFR 1910.1030, incorporated herein by reference, and
as amended and supplemented. This includes practitioners or employees
providing services to clients who have been diagnosed with or are
suspected of having human immunodeficiency virus, related conditions
or the hepatitis B or hepatitis C virus.
(6)
Hepatitis B vaccination series and universal precautions policies
shall be established for employees in accordance with the OSHA Rule,
29 CFR 1910.1030, Occupational Exposure to Bloodborne Pathogens.
E.
Display certification of sanitation/tattooers licenses.
Said tattoo parlor or establishment shall display a valid certificate
of sanitation and valid tattooer licenses of all tattooers in its
employment in a place and location clearly visible to all persons
who may enter its premises. Said certificate of sanitation and tattooers
licenses shall remain visible at all times.
A.
Each and every applicant seeking a certificate of
sanitation or tattooers license shall set forth the following information,
in writing, on an application form provided by the Board:
(1)
Name and address of the applicant and all former addresses
for a period of three years prior to the making of the application.
(2)
The address the parlor or establishment to be used
in the tattooing business and a physical description of the property
and facilities if the applicant desires a certificate of sanitation.
B.
All applicants shall submit a statement of all prior
employment during the last three years. Additionally, all applicants
shall submit a certified copy of a medical examination and its findings,
having been conducted within two weeks from the receipt of said application.
Said medical examination will include, but not be limited to, the
following tests:
C.
Records of all such medical examinations and/or diagnostic
tests and findings shall be kept on file by the holder of the certificate
of sanitation (i.e., tattoo parlor or establishment). A copy of same
shall be attached to said application to be forwarded to the Board
and kept on file.
D.
A certified statement as to whether or not the applicant,
or any officer or director thereof if a corporation, has ever been
convicted of a crime in this or any other state shall be required.
If so, said applicant shall state the nature of said offense, the
date on which said conviction occurred, the sentence imposed and any
other relevant information as may be required by the Board.
E.
Any applicant who has not previously been issued a
duly authorized tattooer's license by the Board shall be required
to take and pass an examination in a manner prescribed by the Board
before said license shall be issued. The applicant shall be required
to evidence and otherwise demonstrate a thorough knowledge of the
provisions of this article, of bacteriology, aseptic techniques and/or
other relevant areas as may be determined by the Board as to ensure
that infectious and contagious diseases shall not be spread by his
or her tattooing practices and to ensure the proper administration
of tattooing.
A.
Tattoo parlor or establishment. The applicant for
a certificate of sanitation for a tattoo parlor or establishment shall
pay an annual license fee of $500, which license fee shall become
due on January 1 of each year. Said fee shall be nonrefundable and
shall be due each year or for any portion thereof. The initial application
requesting a certificate of sanitation shall require a nonrefundable
fee of $500. If said certificate of sanitation is issued by the Board,
no further payment for same shall be due until January 1 of the next
year. The certificate of sanitation shall not be transferable, nor
pass by conveyance or sale of the tattoo parlor or establishment,
nor by inheritance or any other manner.
B.
Tattooer. The applicant for a tattooer's license shall
pay an annual license fee of $200, which license fee shall be due
on January 1 of each year. Said fee shall be nonrefundable and shall
be due each year or for any portion thereof. The initial application
requesting a tattooer's license shall require a nonrefundable fee
of $200. If said tattooer's license is issued by the Board, no further
payment shall be due until January 1 of the next year. If issued,
all tattoo licenses shall be nontransferable, thus each and every
tattooer employed by said tattoo parlor or establishment shall have
his or her own current tattoo license as a condition to administering
tattoos. Said tattoo license shall not be transferable by any manner,
including conveyance, sale, inheritance or the like.
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.
B.
Environment.
(1)
All floors and walls shall be made of smooth, nonabsorbent and nonporous
material that is easily cleanable.
(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.
(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.
