[HISTORY: Adopted by the Board of Commissioners (now Borough Council) of the Borough of Beach Haven 8-10-1998 by Ord. No. 98-20. Amendments noted where applicable.]
Per the New Jersey Department of Health and Senior Services pre-proposal #PPR 1997-4, and from other sources, it is clear to the governing body of the Borough of Beach Haven that the practice of utilizing invasive cosmetic procedures (ICP) for decorative and cosmetic micropigmentation, commonly known as body piercing, tattooing and/or branding, is on the increase with little regulation in place to protect against illness and injury that may occur from such practices and with no accounting requirements for operators. The governing body deems it to be in the best interest of the Borough of Beach Haven for the public health, safety and welfare to adopt regulation and licensing provisions to that end, and to provide for licensing fees to cover the costs of investigating, administering and enforcing such provisions. This chapter is not in any way to be interpreted to limit other general and specific health and mercantile license related code provisions.
As used in this chapter, the following terms shall have the meanings indicated:
BODY PIERCING
Piercing of the skin for the express purpose of insertion of any object, including but not limited to jewelry; provided, however, that the piercing of the lobes of the ears shall be specifically excluded from the purview of this chapter. The practice of branding, the marking of the human skin by the intentional application of a hot object, shall be included in this definition and all regulations pertaining thereto shall apply to such practice as applicable.
LOCAL HEALTH AUTHORITY OR HEALTH DEPARTMENT
The Long Beach Island Board of Health.
[Added 9-14-1998 by Ord. No. 98-23]
A. 
Any person, firm or corporation desiring to engage in the body piercing business shall apply to the Borough Clerk, in writing, on forms supplied by the Borough of Beach Haven for said purpose, which form shall be duly verified by the applicant. The application, accompanied by the license fee hereinafter affixed, shall set forth:
(1) 
Name and address of the applicant.
(2) 
Local and permanent address(es) and telephone number(s) of the applicant.
(3) 
Name(s), local address(es) and telephone number(s) of manager of business, if different from the applicant.
(4) 
If the applicant is a corporation, the name and address of registered agent.
(5) 
The name and address of a person residing in or employed in the Borough of Beach Haven designated by the applicant to accept service of process of any complaint arising out of an alleged violation or the provisions of this chapter. Said designee may be the applicant.
(6) 
Copy of the New Jersey Sales Tax Certificate.
(7) 
Federal employer identification number if the applicant is a corporation, partnership or firm; social security number if the applicant is a proprietorship.
(8) 
A certification that the applicant is a citizen of the United States or, if not, is the holder of documentation authorizing the alien to be employed in the United States, such as an alien registration card issued by the United States Immigration and Naturalization Service on Form No. I-151, I-155, I-94, with an endorsement authorizing employment in the United States, or the like.
(9) 
If the applicant is a partnership, firm or corporation, all information required by the application shall apply not only to the partnership, firm or corporation, but also to each officer, director or holder of 10% of the issued stock (if a corporation), and to all members of a partnership or firm.
(10) 
Proof of public liability/bodily injury and property damage insurance and professional liability insurance in the amount of $500,000 each, per occurrence.
B. 
Each applicant for a license must qualify for a mercantile license in accordance with Chapter 120 of the Borough Code, and the requisite fee therefor, which is hereby established at $500, must be paid prior to the issuance of a license to engage in the body piercing business.
C. 
Each body piercing business license issued by the Borough Clerk shall contain a registration number and no such license shall be transferable.
Licenses issued pursuant to the provisions of this chapter shall be good only for the period of one year and shall be effective only from the date of issue each year. No license will be issued for a subsequent year without again complying with the provisions of § 63-3 of this chapter.
A. 
It shall be unlawful to engage in the body piercing business in the Borough of Beach Haven without first obtaining a license therefor pursuant to the provisions of this chapter.
B. 
No person, partnership, firm or corporation engaged in the body piercing business, whether as an owner or an employee therein, shall be issued a license to engage in body piercing, nor engage in such activity, unless the premises at which such activity is to be conducted and the equipment to be utilized in conjunction therewith meet the following standards:
(1) 
The room in which body piercing is done shall have an area of not less than 10 feet by 10 feet. The walls, floors and ceilings shall have an impervious, smooth and washable surface.
(2) 
A toilet shall be adjacent to the area where body piercing is performed. The lavatory shall be supplied with hot and cold running water, soap and sanitary towels.
(3) 
All tables shall be constructed of easily cleanable, impervious materials, and shall be separated from waiting customers or observers by a panel at least four feet high.
(4) 
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
(5) 
There shall be displayed upon the premises, in plain view, two eight-and-one-half-inch-by-eleven-inch notices regarding local requirements.
C. 
It shall be a violation for anyone to pierce any body part of an individual under 18 years of age without authorization signed by the parent or legal guardian and witnessed by the operator. The operator shall be responsible for maintaining the original consent form and copies of all consent information for a period of three years.
D. 
If the client is suspected to be under the influence of alcohol, drugs or other behavior-modifying substance, the operator must refuse the client.
E. 
Each person wishing a body piercing must fill out an application which shall include the name, date of birth, address and telephone number of the client, as well as the location(s) of the piercing and the name of the operator.
F. 
Written guidelines shall be established for the care of the site after piercing and shall be approved by the local health authority. Each client shall receive a written copy of the guidelines for care of body piercing sites.
G. 
Hepatitis B pre-exposure or proof of immunity is required for all body piercing operators who use needles. Any accidental needle stick injury shall be reported to the Health Department. If a person cannot obtain the vaccination for medical reasons, he shall submit to the Health Department a letter from his physician certifying that the individual does not have Hepatitis B and the vaccination is contraindicated.
H. 
All body piercing operators may be required to attend a training program sponsored by the Health Department to assure basic knowledge of sterile technique and universal precautions.
I. 
All persons, partnerships, firms and corporations engaged in the body piercing business, whether as an owner or an employee therein, shall utilize the following procedures in conducting the body piercing business:
(1) 
The operator shall wash his hands thoroughly with an antiseptic and water before starting a piercing. The hands of the operator shall be dried with individual, single use towels.
(2) 
Gloves shall be worn with any procedure that involves contact with client's blood. The hands of the operator shall be thoroughly washed after the procedure has been completed.
(3) 
No piercing of the tongue, eyebrow or genitalia shall be permitted.
(4) 
No piercing shall be done on skin surface that has rash, pimples, boils or infections, or manifests any evidence of unhealthy conditions.
(5) 
The area to be pierced shall first be thoroughly washed with warm water and an antiseptic soap. A single-use sponge shall be used to scrub the area.
(6) 
Immediately after the piercing, the patron shall be advised on the care of the site and to consult a physician at the first sign of infection.
(7) 
All infections resulting from body piercing which become known to the operator shall be reported to the local Health Department within 24 hours.
(8) 
Ear piercing guns may not be used for body piercing, but may only be used for piercing of ear lobes.
J. 
All persons, partnerships, firms and corporations engaged in the body piercing business, whether as an owner or an employee therein, shall utilize the following standards of sanitation of instruments utilized in the body piercing business. These standards incorporate the "Basic Ten" sanitation and safety standards developed by the Association of Professional Piercers. Copies of the "Basic Ten" are available from the Borough Clerk.
(1) 
All clean and ready-to-use needles and instruments shall be kept in a closed glass or metal case or storage cabinet while not in use. Such cabinet shall be maintained in a sanitary manner at all times.
(2) 
Only single-service, sterilized needles shall be used.
(3) 
Needles used for body piercing shall be steam-sterilized before use on any customer. Any other method of sterilization shall be approved by the local health authority. In addition, the following guidelines shall be followed:
(a) 
The sterilizer shall be well-maintained with tight-filling gasket and a clean interior.
(b) 
The manufacturer's operating instructions and sterilization specifications shall be at hand. The operation of the sterilizer shall conform to the manufacturer's specifications with regard to temperature, pressure and time of sterilization cycle.
(c) 
Proper functioning of sterilization cycles shall be verified by the weekly use of biological indicator, i.e., spore tests. A log book of these weekly test results shall be available, and a test may be required to be done during inspections.
(d) 
Each item to be sterilized shall be individually wrapped using a chemical indicator or strip to verify steam exposure.
(4) 
Forceps, accessory equipment and jewelry must be disinfected with a chemical disinfectant registered by the Environmental Protection Agency as being tuberculocidal when used at recommended dilutions. All operators shall follow the manufacturer's instructions when utilizing any chemical disinfectant.
(5) 
Ear piercing guns are not adequately sterilizable because they can cause serious, permanent damage to body parts other than earlobes. Ear piercing guns may not be used.
(6) 
All needles should be pre-sterilized, used on one person, in one sitting, and immediately disposed of in a medical sharps container.
(7) 
All forceps, tubes, etc., are pre-sterilized, stored in sterile bags, and used on one person, in one sitting. After one such use, they must be autoclaved.
(8) 
All reusable, non-sterilizable implements, such as calipers, should be nonporous and disinfected after each use with bleach solution or a commercial hard-surface disinfectant liquid.
(9) 
Supplies, including corks, rubber bands, etc., will be pre-sterilized in an autoclave or cleaned with disinfecting liquids, stored in a clean, closed container, and disposed of immediately after a single use.
(10) 
A new pair of latex gloves (sterile or non-sterile) should be worn for every procedure, and gloves should be changed whenever the slightest chance of cross-contamination might occur.
(11) 
The room used for piercings, as well as the bathroom and other common areas, should be kept scrupulously clean and disinfected frequently. All surfaces will be nonporous, to allow them to be cleaned with bleach solution or other disinfecting liquids whenever cross-connection might occur.
(12) 
All jewelry contaminated with only airborne pathogens (not previously worn or contaminated) will be disinfected with a nonhazardous hard-surface disinfectant such as Madacide. All jewelry contaminated or potentially contaminated with blood-borne pathogens (previously worn by another person) should be autoclaved.
(13) 
Only appropriate jewelry will be used in piercings.
K. 
Disposal of waste. The following guidelines shall be followed in regard to the disposal of waste associated with body piercing:
(1) 
Needles shall not be bent or broken prior to disposal. Operators shall take precautions to prevent injuries from contaminated needles.
(2) 
Needles shall be disposed of directly into a solid, puncture-resistant container.
(3) 
Needles, as well as gloves, gauze and other materials saturated with blood, shall be discarded in a plastic bag and placed into a cardboard box prior to off-site disposal. A written agreement for disposal of such waste shall be with an authorized service for disposal of medical waste.
A. 
In addition to being subject to the penalties provided for in § 63-8 of this chapter, any license issued under this chapter may be revoked or suspended by the Borough for any misstatement in any application or for any violation in this chapter.
B. 
No license shall be revoked or suspended until the licensee has been afforded a hearing before the Borough. Notice of the filing of a complaint which seeks to suspend or revoke any license issued under this chapter shall be served on the defendant personally, or on the person designated to receive service pursuant to this chapter, which notice will establish a date for a hearing to be held, not more than 10 days from the date of such notice, at which time the defendant shall have the right to be represented by counsel, call witnesses and cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to ensure due process.
C. 
Should any license be revoked or suspended, no part of the license fee shall be returned.
Nothing in this chapter shall be construed so as to affect the practice of medicine or any other recognized profession or occupation by a person duly licensed by the State of New Jersey to engage in such practice, profession or occupation, and whose license would lawfully authorize the piercing of the body.
A. 
Any person violating or failing to comply with any other provision of this chapter shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.