[HISTORY: Adopted by the Mayor and Council
of the Borough of Branchville 8-18-1999 by Ord. No. 7-99. Amendments noted where
applicable.]
GENERAL REFERENCES
Health, Board of — See Ch. 19.
As used in this chapter, the following terms
shall have the meanings indicated:
One who engages in body piercing, unless such activity is
practiced by an individual or establishment exempted from this chapter
pursuant to the definition of "operator" above.
Any method of puncturing any portion of the body including
ear lobes, lips, tongue, cheeks, nipples, navel or any other parts
of the body with needles or instruments designed to puncture the skin
for the purpose of inserting earrings, rings or other foreign objects
through the skin, unless such procedure is practiced by an individual
or establishment exempted from this chapter pursuant to the definition
of "operator" above.
Written approval from the Health Officer or his/her authorized
representative that said tattooing and body piercing establishment
has been inspected and meets all of the terms of this chapter.
The appointed licensed Municipal Health Officer or his/her
authorized representative.
Any individual who performs or practices the art of tattooing
or body piercing on the person of another or any individual, firm,
company, corporation, partnership or association that owns or operates
an establishment where tattooing and/or body piercing is performed,
but shall not include an individual or establishment that practices
body piercing when the primary business of said individual or establishment
is the sale of jewelry and the sterilization of the equipment used
for body piercing is by a properly functioning autoclave or any other
method approved for the sterilization of such equipment by the Sussex
County Health Department and/or the Centers for Disease Control. No
individual or establishment may claim the foregoing exemption unless
and until it obtains from the Borough of Branchville Board of Health
a written determination of eligibility therefore. The Borough of Branchville
Board of Health is authorized to make periodic inspections of the
equipment or method used by an exempt individual or establishment
to sterilize its body piercing equipment. An exemption from this chapter
is deemed suspended upon notice from the Borough of Branchville Board
of Health that it has determined that the equipment or method used
for sterilization by that individual or establishment has ceased to
function properly.
Any method of placing designs, letters, scrolls, figures,
symbols or any marks under the skin with ink or any other substance
resulting in the coloration of the skin by the aid of needles or any
other instruments designed to puncture the skin.
One who engages in tattooing.
A.
It shall be unlawful for an operator to engage in
the business of tattooing or body piercing without first obtaining
a license from the Borough of Branchville to engage in such business,
in accordance with the provisions hereof.
B.
Applicants for a license will be required to take
a universal precaution test as prepared by the Centers for Disease
Control and Prevention (CDC) and receive a passing grade of 85. If
individuals fail to pass the exam, there will be a 30-day waiting
period before applicants will be permitted to take the exam again.
C.
Individuals, including the individual owners or members
of an operator, as defined in this chapter applying for a license
must undergo a police background check and submit to fingerprinting.
D.
Applicants and operators will be required to have
a blood test performed every 12 months for hepatitis B, HIV and any
other pathogenic blood borne disorders. The results of blood tests
will be forwarded to the Sussex County Health Department.
E.
An application for an initial license shall be accompanied
by a fee in the amount of $500. Any change of ownership of the operator
shall require a new application and license with payment of fees therefor.
All applicants shall submit plans for the establishment to the Planning
Board and/or Zoning Board of Adjustment, as well as the office of
the Construction Official and the Sussex County Health Department
prior to initiation of construction.
F.
The renewal license fee for engaging in the business of operating a tattoo or body piercing establishment within the Borough of Branchville shall be $250 per year. All licenses shall expire on the last day of March annually. If renovations of the tattoo or body piercing establishment occur, plans must be submitted to the Branchville Construction Office and the Sussex County Health Department, and the applicant will be required to comply with § 107-4A of this chapter. The late fee for failure to renew the license shall be $50 per month if not paid by the final due date of April 30 each year.
G.
All existing establishments will be considered renewal applications, provided that they apply for renewal of said licenses within one month after the effective date of this chapter. Establishments failing to apply within the specified time period will be considered new applicants and will be subject to the provisions of Subsection B of this section.
A.
Age. It shall be a violation of this chapter for anyone or any tattoo or body piercing establishment to tattoo or pierce the body of an individual under 18 years of age without authorization signed by a parent or legal guardian of that individual 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 two years beyond the recipient's 21st birthday, but in no event for any period of time less than that set forth in § 107-3C hereof.
B.
Each person wishing to receive a tattoo or have his/her
body pierced must first apply to the operator on a form approved by
the Branchville Board of Health and the Borough Council. If the applicant
is suspected by the operator to be under the influence of alcohol,
drugs or any other behavioral modifying substance, the operator must
refuse the applicant.
C.
All records regarding tattoos and body piercing are to be maintained by the operator for a minimum of five years. Information required for each client referred to in § 107-3B above is to include the name, age or confirmation that the client is at least 18 years of age, address, and telephone number of the person, as well as the design materials used and location of the tattoo or the site of the body piercing.
D.
The hours of operation for tattoo and body piercing
establishments shall begin no earlier than 9:00 a.m., and such tattoo
and body piercing establishments shall remain open for new business
no later than 10:00 p.m., although work on a client commenced prior
to the required hour of closing may be continued until completed.
E.
The operator will be required to obtain a certificate
of inspection for the tattoo and/or body piercing establishment. Such
certificate of inspection issued to the operator shall be prominently
displayed as a condition of operation.
A.
Each tattoo or body piercing facility shall have a
bathroom accessible to the public and the staff. Each bathroom shall
be equipped with a commode and a sink with the sink being connected
to hot and cold running water. A dispenser and sanitary towels or
other approved hand drying devices shall be available at the sink
at all times. Common towels are prohibited.
B.
The chair or seat reserved for the person receiving
the tattoo or having body piercing performed shall be of material
that is smooth and easily cleanable and constructed of material that
is nonabsorbent. Any surfaces of the chair that become exposed to
blood or bodily fluids must be cleaned and sanitized utilizing a method
approved by the Sussex County Health Department prior to use by the
next customer.
C.
The worktable or counter used by the tattoo artist
or body piercer shall be smooth and easily cleanable and constructed
of material which is nonabsorbent. There shall be a covered junction
between the table/counter and the wall if the table/counter is to
be placed against the wall. This table/counter must be cleaned and
sanitized utilizing a method approved by the Sussex County Health
Department between customers.
D.
The walls of the tattooing/body piercing area shall
be smooth and easily cleanable and constructed of light colored nonabsorbent
material.
E.
The floor in the tattoo/body piercing area shall be
of a durable material that is nonabsorbent and is smooth and easily
cleanable. Floors shall be kept clean utilizing a method approved
by the Sussex County Health Department.
F.
Lighting within the tattoo/body piercing area shall
be adequate so as to provide a minimum of 100 footcandles in all areas.
G.
The work area reserved for the application of the
tattoo or performance of body piercing shall be separated from other
areas of the establishments by walls or durable partitions extending
at least six feet in height and so designed to discourage any persons
other than the customer and the tattoo artist or body piercer from
being in the work area.
H.
Any surfaces in the establishment that become exposed
to blood or bodily fluids must be cleaned and sanitized utilizing
a method approved by the Sussex County Health Department.
I.
Products used in cleaning, sanitizing and sterilizing
procedures must be clearly marked and stored in an acceptable manner.
Smaller working containers filled on site from larger containers must
be clearly marked with the name of the product.
J.
Proper waste receptacles shall be provided, and waste
shall be disposed of at appropriate intervals.
K.
All medical waste shall be disposed of according to
state standards. All records shall be kept on site and shall be available
for inspection. All medical waste records shall be maintained for
at least five years after manifest.
A.
Tattoo/body piercing artist.
(1)
Hepatitis B preexposure vaccination or proof of immunity
is required for all tattoo/body piercing artists. Any accidental needle
stick injury shall be reported to the Sussex County Health Department.
If a person cannot obtain the vaccination for medical reasons, he
shall submit a letter to the Sussex County Health Department from
his physician certifying that the individual does not have Hepatitis
B and the vaccination is contraindicated. This certification shall
be renewed annually.
(2)
All future tattoo/body piercing artists shall demonstrate
knowledge of sterile techniques and universal precautions to assure
that infection and contagious disease shall not be spread by tattooing/body
piercing practices.
(3)
Before working on each patron, each tattoo artist
or body piercer shall scrub and wash his/her hands thoroughly with
hot water and antiseptic soap using his/her individual hand brush.
Fingernails shall be kept clean and clipped short.
(4)
Disposable vinyl or latex gloves shall be worn by the tattoo/body piercing artists during tattoo/body piercing preparation and application to prevent contact with blood or bodily fluids. It is recommended that universal precautions as described by the Centers for Disease Control and Prevention (CDC) be followed. All materials shall be disposed of in accordance with § 107-5E(1) of this chapter after contact with each patron. Hands shall be washed immediately after removal of gloves. Any skin surface that has come in contact with blood shall be washed immediately.
(5)
Immediately after tattooing/body piercing a patron,
the tattooist/body piercer shall advise the patron on the care of
the tattoo or site of body piercing and shall instruct the patron
to consult a physician at the first sign of infection of the tattoo
or body-pierced site. Printed instructions regarding these points
shall be given to each patron.
(6)
All infections resulting from the practice of tattooing
or body piercing which become known to the operator shall be promptly
reported to the Health Officer by the operator of a tattoo/body piercing
establishment or by the tattoo/body piercing artist.
B.
Skin preparation.
(1)
Tattooing/body piercing shall be performed only on
normal healthy skin surfaces that are free of moles or infection.
(2)
Only disposable razors shall be used for the skin
preparation and shall be disposed of according to 107-5E(1) of this
chapter after each use and new disposable razors shall be used for
each patron.
(3)
Following shaving, the area shall be thoroughly cleansed
and scrubbed with antibacterial soap or its equivalent and warm water.
Before placing the tattoo design on the patron's skin or preparing
to pierce the skin, the area shall be treated with 70% alcohol and
allowed to air dry.
(4)
Only petroleum jelly (USP or National Formulary) or
antiseptic ointment shall be applied to the tattoo area or site where
body piercing will be done prior to tattooing or body piercing. The
ointment shall be applied in a sanitary manner, disposing of the utensil
after spreading. Collapsible tubes of ointment or jelly may also be
used.
C.
Tattooing.
(1)
Design stencils for tattooing shall be thoroughly
cleaned and rinsed in an approved germicidal solution for a least
20 minutes or disposed of following each use.
(2)
Only nontoxic dyes or pigments may be used for tattooing.
Premixed sterile materials are preferred. Premixed dyes shall be used
without adulteration of the manufacturer's original formula. It shall
be the responsibility of the operator to provide certification to
the Sussex County Health Department of the nontoxicity of the dyes
or inks at the time of license application and renewal.
(3)
Single-service or individual containers of dye or
ink shall be used for tattooing each patron and the containers disposed
of immediately after completing tattoo work on each patron. Any dye
in which the needles are dipped shall not be used on another person.
(4)
The completed tattoo or the site of the body piercing
shall be washed with sterile gauze and a solution of antibacterial
soap or its equivalent, then disinfected with 70% alcohol. The area
shall be allowed to air dry and antiseptic ointment applied and spread
with sterile gauze and sterile dressing attached.
D.
Needles and instruments.
(1)
Only single-service sterilized needles and needle
bars shall be used for each patron.
(2)
If solder is used in manufacturing needles, needle
bars or needle tubes, the solder must be free of lead.
(3)
Any needle that penetrates the skin of the tattoo/body piercing artists shall be immediately disposed of in accordance with § 107-5E(1) of this chapter.
(4)
Needle tubes shall be soaked with soapy water, then scrubbed with a clean brush, then rinsed clean. Needle tubes shall be sterilized in accordance with § 107-5D(5), stored in sterile bags and maintained in a dry, closed area.
(5)
Each item to be sterilized shall be individually wrapped
using indicator bags or strips. Sterilization shall be by autoclaving.
The autoclave shall be well maintained with a tight-fitting gasket
and a clean interior. The manufacturer's operating instructions and
autoclave specification shall be at hand. The autoclave shall conform
to the manufacturer's specifications with regard to temperature pressure
and time of sterilization cycle. Proper functioning of sterilization
cycles shall be verified by the monthly use of bilogic indicators,
i.e., spore tests. A log book of these monthly tests results shall
be available, and a test may be required to be performed during any
inspections.
(6)
If the primary source of sterilization malfunctions,
the Sussex County Health Department shall be notified within 24 hours.
In an emergency situation, the Sussex County Health Department may
approve alternate sterilization techniques.
(7)
Needles and bars shall not be bent or broken prior
to disposal. Tattoo/body piercing artists shall take precautions to
prevent injuries from contaminated needles or tubes.
E.
Safe disposal of sharps.
(1)
Standards.
(a)
A commercially available sharps disposable container
shall be used.
(b)
Adequate supply of sharps containers must be
available.
(c)
Avoid overfilling of containers.
(d)
Handle and dispose of the containers in accordance
with applicable state and local laws.
(e)
A tray should be available near the work field
to place blood contaminated reusable tweezers, scissors, etc. Do not
handle used needles with bare fingers; use needle-nosed pliers or
tweezers.
A.
Any person, persons, firm, partnership or corporation who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties provided by § 1-15 of this Code.
[Amended 1-16-2008 by Ord. No. 01-2008]
B.
Reasonable counsel fees incurred by the Borough of
Branchville in the enforcement of this chapter shall be paid by the
defendant. The amount of such reimbursable fees and costs shall be
determined by the trial court hearing the matters.
C.
This chapter shall preempt those portions of any municipal
Ordinance inconsistent herewith.
