[HISTORY: Adopted by the Council of the City
of Easton 3-23-2005 by Ord. No. 4652 (Art. 1200 of the 1965 Codified Ordinances).
Amendments noted where applicable.]
This chapter establishes sterilization, sanitation
and safety standards for persons engaged in this business of tattooing,
permanent cosmetics, ear and body piercing and body art, in order
to protect the public's health, including licensing such businesses.
This chapter shall govern all businesses that
offer tattooing, body piercing and body art. The provisions below
are to be considered minimum standards and are to be in addition to
any standards currently in effect or which may be established in the
future by the Commonwealth of Pennsylvania or the federal government.
The following words and terms, as used in this
chapter, shall have the following meaning, unless the content already
indicates otherwise:
The practice of physical body adornment in permitted establishments
by operators utilizing, but not limited to, the following techniques:
Puncturing or penetration of the skin of a person with presterilized
single-use needles and the insertion of presterilized or disinfected
jewelry or other adornments thereto into the opening; except that
puncturing the outer perimeter or lobe of the ear with a presterilized
single-use stud and clasp ear piercing system shall not be included
in this definition.
Any method of placing ink or other inert pigment into or
under the skin or mucosa by the aid of needles or any other instrument
used to puncture the skin, resulting in permanent coloration of the
skin or mucosa. This includes all forms of permanent cosmetics.
The individual who performs tattooing, body piercing or body
art.
Includes tattoo parlor and any establishment that uses any
method of placing ink or pigment into or under the skin or mucosa
by aid of needles or any other instrument used to puncture the skin,
resulting in permanent coloration of the skin or mucosa. This term
shall also include establishments providing any form of cosmetic tattooing,
body piercing and/or body art.
[Amended 2-11-2009 by Ord. No. 5187]
It shall be unlawful for any person to maintain,
conduct, operate, manage or do tattooing within the City of Easton
without obtaining a license and conforming at all times to the requirement
of the Health Code and to all rules and regulations relating to the
operation or maintenance of the business or performing tattooing,
body piercing and/or body art.
A.
All licenses and health certificates may be issued
at any time during the year, subject to renewal annually.
B.
All applications shall be made to the Bureau of Health.
[Amended 2-11-2009 by Ord. No. 5187]
C.
All licenses shall be conspicuously displayed in the
applicant's place of business at all times.
D.
All health certificates shall be immediately available
upon request of the Chief Health Administrator.
E.
The Board shall not issue any license unless:
(1)
The fee prescribed by Chapter 285, Fees, is paid. Such fee shall be in addition to any other fees required by the City, county, state or federal government.
[Amended 2-11-2009 by Ord. No. 5187]
(2)
Such information and/or records as the City Health
Code may require are furnished.
(3)
Such inspection as may be required by the City Health
Code has been made.
(4)
The person applying therefor and/or the business for
which such license or health certificate is sought complies in every
respect with the City Health Code.
F.
All licenses shall be conditioned upon continued compliance
with the City Health Code.
[Amended 2-11-2009 by Ord. No. 5187]
No persons, firm or corporation shall operate a tattoo studio without first obtaining a permit from the Bureau of Health and paying an initial application, inspection and license fee and thereafter a yearly inspection and license fee, as specified in Chapter 285, Fees.
[Amended 2-11-2009 by Ord. No. 5187]
An application for a permit to operate a tattoo
studio or perform the work of a tattooist shall be on forms provided
by the Bureau of Health, which shall set forth the name, residence
and business address and telephone number of the applicant, the names
of the persons operating the establishment and such additional information
which the Bureau of Health may require to determine whether the provisions
of the Health Code are being complied with and to enforce these provisions.
Any business currently in operation as a tattoo
studio, as covered herein, prior to the introduction of this chapter,
and which is otherwise properly licensed to do business in Easton,
Pennsylvania, must make application within 120 days of adoption of
this chapter and otherwise be in compliance with the standards set
forth herein within 30 days.
A.
A tattoo studio must be in a permanent, nondwelling
building or portion of a building which is in compliance with applicable
Building Code and must be in a location which is permissible under
local zoning codes, if any. The tattoo studio shall be separated from
living quarters by complete floor-to-ceiling partitioning and shall
contain no access to living quarters.
B.
The tattoo studio or temporary location shall be maintained
in a sanitary condition.
(1)
Work surfaces shall be cleaned and sanitized with
hospital (grade) United States Environmental Protection Agency-registered
disinfectants or a 1:100 dilution of household bleach and water (1/4
cup bleach and one gallon of water).
(2)
Other environmental surfaces shall be cleaned with
an all-purpose detergent disinfectant.
C.
The walls, ceilings and floors shall be kept in good
repair. Tattooing areas shall be constructed of smooth, hard surfaces
that are nonporous, free of open holes or cracks, light-colored and
easily cleaned. New tattoo studios shall not include dark-colored
surfaces in the tattooing area. Existing tattoo studios with dark-colored
surfaces in the tattooing area shall replace the dark-colored surfaces
with light-colored surfaces whenever the facilities are extensively
remodeled.
D.
Tattoo studio or temporary location shall have adequate
lighting of at least 50 footcandles of illumination in the tattooing
area.
E.
Adequate ventilation shall be provided.
F.
Each tattoo studio or temporary location shall be
equipped with hand-washing facilities for its personnel with unobstructed
access to the tattoo area such that a tattooist can return to the
tattoo area without having to touch anything with his hands. Hand-washing
facilities shall be equipped with hot and cold or tempered running
water, liquid germicidal soap, single-service towels or other approved
hand-drying devices and a refuse container. Such facilities shall
be kept clean and in good repair.
G.
Animals are not permitted in the tattoo studio or
temporary locations, except for guide or service animals accompanying
persons with disabilities or non-mammalian animals in enclosed glass
containers such as fish aquariums, which shall be outside the tattooing
area.
H.
Smoking shall be prohibited in the tattoo area. Consumption
of alcoholic beverages shall be prohibited in tattoo studios or temporary
locations.
I.
The tattoo studio or temporary location shall be kept
free of rodents and vermin and protected from infestation by insects
and shall be exterminated by a professional licensed exterminator,
as required, with a copy of said report.
J.
If tattooing is performed where cosmetology services
are provided, it shall be performed in an area that is separate and
enclosed.
K.
The facilities must have obtained a clear certificate
of occupancy from the appropriate City officials.
A.
All tattooists while applying tattoos shall wear clean
outer garments and maintain a high degree of personal cleanliness
and conform to hygienic practices while on duty.
B.
All tattooists shall wash their hands thoroughly using
hot or tempered water with a liquid germicidal soap before and after
applying a tattoo and as often as necessary to remove contaminants.
C.
All tattooists must wear single-serve examination
gloves while assembling tattoo equipment and while applying tattoos
and intradermal cosmetics.
E.
Tattooists shall be free of communicable disease,
open sores or exudative lesions while applying tattoos.
F.
The area of the client's skin to be tattooed shall
be cleaned with a germicidal skin preparation and the tattooist shall
treat the skin with seventy-percent isopropyl alcohol, iodophor or
other United States Food and Drug Administration-approved antiseptic
products.
G.
If shaving is required, razors shall be single-service.
H.
Each tattooist or any person performing any cosmetic
procedure in the tattoo studio or temporary location shall have the
education, training and experience, or any combination thereof, to
practice aseptic technique. All tattoo procedures shall be performed
using aseptic technique.
A.
The application for license will be made to the License
Clerk of the City, and the Chief Health Administrator is authorized
to confirm that all other permits required for the operation have
been obtained prior to issuance of a license.
B.
Upon disapproval of any of the above, the Chief Health
Administrator shall refuse to approve the application. In the event
of an appeal by the applicant, a hearing shall be held before the
Board, at which all of the above officials who have disapproved the
application shall be present and shall present the reasons for their
disapproval.
C.
If the application for a license is for an existing
business establishment or other use, upon rejection of an application
the Chief Health Administrator shall immediately order the discontinuance
of the business establishment or other use of the area, premises,
building or structure with signs giving notice thereof and shall notify
the Chief of Police that the starting or continuance of the business
in that place is forbidden.
D.
No person shall knowingly make to or file with the
Board or the Chief Health Administrator any false return, statement
or report relative to any matter concerning which a report or return
may be legally required of or should be made by such person. No person
shall make any false, untruthful or misleading statement in any application
to or filed with the Board or the Chief Health Administrator for a
license, health certificate or for any purpose for which an application
may be required.
E.
The License Clerk of the City shall not issue any
license for the operation of any business, establishment or other
use subject to the City Health Code under the licensing jurisdiction
in the City until an approved copy of the licenses and health certificates
of all employees concerned, if the license or health certificates
are required by the City Health Code, have been received by him for
the Board on such forms as are prescribed by the Board.
A.
Except as permitted in Subsection B of this section, a client must be a minimum of 18 years of age and have a positive identification card such as a driver's license, passport or other picture identification in their possession. The tattooist shall verify and document in the permanent client record the client's age, date of birth and the type of identification provided.
B.
A tattooist may tattoo a person younger than 18 years
of age only if he does so in the presence of the person's parent or
guardian and obtains written and notarized consent from a parent or
guardian.
[Amended 2-11-2009 by Ord. No. 5187]
C.
No person may be tattooed who appears to be under
the influence of alcohol or drugs.
D.
Tattooing shall not be performed on a skin surface
which manifests any evident of unhealthy conditions, such as rashes,
boils, infections or abrasions.
E.
Before receiving a tattoo, each client shall be informed
in writing about the possible risk and dangers associated with the
application of each tattoo. These shall include but are not limited
to at least the following: the possibility of discomfort or pain,
the permanence of the markings, the risk of infection and the possibility
of allergic reaction to the pigments or other materials used.
A.
The written consent shall include:
(1)
Full name, address and telephone number of the client;
(2)
Full name, address and telephone number of the parent
or guardian;
(3)
A detailed description or photograph of the tattoo
to be covered;
(4)
Location on the body of the tattoo to be covered;
and
(5)
Signature of minor and parent or guardian.
B.
The tattoo studio or temporary location shall maintain
proper records of each client. The information shall be permanently
recorded and made available for examination by the authorized agent.
Records shall be maintained at the tattoo studio for at least two
years following the date of the last entry. The license holder shall
maintain the temporary location's client records. These permanent
records shall include the following:
(1)
The name, address and telephone number of the client;
(2)
The date tattoo was applied;
(3)
The client's age, date of birth and type of positive
identification provided to the tattooist;
(4)
The specific color or colors of the tattoo applied
to the client and, when available, the manufacturer's catalogue or
identification number of each color used;
(5)
The location on the body where the tattoo is applied;
(6)
The name of the tattooist;
(7)
A statement that the client has received a copy of
written care instructions and that the client has read and understands
the care instructions; and
(8)
The signature of the client.
A.
A tattoo studio or temporary location is required
to utilize tools and equipment for tattooing that have been properly
sterilized and kept in a sterile condition. The tattoo studio or temporary
location shall use sterilization equipment that is approved by the
United States Food and Drug Administration for the purpose of sterilization
and adequate in size to accommodate needles, tubes, tips and other
necessary utensils and equipment. A copy of the manufacturer's recommended
procedures for operation of the sterilization unit(s) must be available
for inspection by an authorized agent.
B.
Each person responsible for the sterilization of equipment
shall be able to demonstrate to the Department's authorized agent
the correct sterilization procedures and the proper operation of autoclave
and/or dry heat sterilization equipment.
C.
After each use, the reusable tattooing equipment shall be cleansed to remove blood and tissue residue before sterilization as described in § 526-16 (relating to tattooing equipment).
D.
Each package of equipment sterilized shall be monitored
for sterilization by the use of chemical/heat-sensitive indicators.
E.
Equipment requiring sterilization shall be packed
in packages approved for the sterilization unit. Equipment shall be
packed individually or as a set, provided such set is intended to
be used for a single tattoo procedure. Each package shall be labeled
with the date of sterilization and the initials of the person sterilizing.
Packaged sterilized equipment shall be stored in a clean dust-tight
container when not in use.
F.
Each tattoo studio or temporary location shall maintain
sterilization records. The information shall be permanently recorded
and made available for examination by an authorized agent in the tattoo
studio for at least two years from the date of the last entry. These
permanent records shall be maintained at the studio and shall include
the following:
G.
Sterilized equipment stored in an approved manner
and not used within 30 days after sterilization shall no longer be
considered sterile and shall be resterilized before use, unless the
studio or temporary location utilizes presterilized equipment sterilized
by the manufacturer. If presterilized equipment is used, the tattooist
shall obtain documentation from the manufacturer that describes the
method of sterilization utilized by the manufacturer and the manufacturer's
recommendations for storage and maintenance of sterility. The documentation
shall be available for inspection by an authorized agent. The tattooist
shall follow the manufacturer's instructions for storage and maintenance
of sterility.
A.
Each time a tattoo is applied the client shall receive
oral and written instructions on the care of the newly applied tattoo.
The client shall sign a written statement in the permanent client
record acknowledging that the client has received a copy of the written
care instructions and that the client has read and understands the
instruction.
B.
The written care instructions shall contain at least
the following items:
(1)
For at least two weeks, the need to minimize exposure
to the sun and to discourage swimming in fresh, salt or chlorinated
pool water;
(2)
To properly cleanse the tattooed area;
(3)
To apply antibiotic ointment or cream;
(4)
To use sterile bandage(s) or other sterile dressing(s)
when necessary;
(5)
The name of the tattooist, the name, address and telephone
number of the tattoo studio or temporary location; and
(6)
The instructions for the client to consult a health
care provider at the first sign of infection or an allergic reaction
and to report to the tattooist and to the City of Easton Bureau of
Health any infection, allergic reaction or adverse reaction resulting
from the application of the tattoo.
A.
Reusable needles, bars and tubes shall be constructed
in a manner that permits easy cleaning and sterilization.
B.
All dyes or pigments used in tattooing shall be nontoxic,
free from adulteration and made from materials generally regarded
as safe.
C.
Only single-service pigment or dye containers shall
be used for each client. Individual containers of dye or pigment shall
be discarded after use.
D.
In order to minimize transmission of body fluids and
disease, single-service plastic covers shall be used to cover spray
bottles or other reusable accessories for multiple client use that
are handled by the tattooist during application of tattoos to multiple
clients.
E.
All tattoo stencils shall be single-service. Petroleum
jellies, soaps and other products used in the application of stencils
shall be dispensed and applied using aseptic technique and in a manner
to prevent contamination of the original container and its contents.
The applicator shall be single-service.
F.
Contaminated reusable tattoo equipment shall be placed
in a covered container of disinfectant solution such as 2.0% alkaline
glutaraldehyde (not to be construed as all-inclusive), until it can
be cleaned and sterilized.
G.
All containers holding contaminated tattoo equipment
and container lids shall be emptied of contaminated solution and cleaned
and sanitized daily or more often if needed.
H.
Reusable tattoo equipment shall be cleaned by gloved
personnel prior to sterilization by one of the following methods:
(1)
Clean the items in an ultrasonic cleaning unit used
according to manufacturer's instruction. A copy of the manufacturer's
recommended procedures for operation of the ultrasonic cleaning unit
must be available for inspection by an authorized agent; and
(2)
Rinse and dry the items prior to packaging for sterilization.
A.
The tattoo studio shall provide a written report of
any infection or allergic reaction resulting from the application
of a tattoo to the Bureau of Health within five working days of its
occurrence or knowledge thereof. The report shall include:
(1)
The name of the affected client;
(2)
The name and location of the tattoo studio or temporary
location;
(3)
The name of the tattooist;
(4)
The date the tattoo was applied;
(5)
The specific color or colors of the tattoo and, when
available, the manufacturer's catalogue or identification number of
each color used;
(6)
The location of the infection and the location on
the body where the tattoo was applied;
(7)
The name and address of the health-care provider,
if any; and
(8)
Any other information considered relevant to the situation.
B.
The Bureau of Health shall utilize these reports in
its efforts to identify the source of the adverse reaction(s) and
to take action to prevent its recurrence.
A.
Used tattoo needles, disposable razors and other sharps
shall be subjected to the methods of treatment and disposal of sharps
as described by the American Medical Association and the Pennsylvania
Department of Health.
A.
The approval and license for any person to operate
a tattoo studio or act as a tattooist may be suspended at any time,
when the Chief Health Administrator of the City of Easton Bureau of
Health or such designee as approved by the Board of Health of the
City of Easton determines that such action is necessary to abate a
present or threatened menace to the public health. Licenses may be
revoked by the Chief Health Administrator for any violation of the
laws of Pennsylvania concerning health, the regulations of the Pennsylvania
Advisory Board of Health, the City Health Code or of the agreement
contained in the application for the license, except licenses authorized
by resolution of the Board. The following shall be reasons for revocation
or suspension:
[Amended 2-11-2009 by Ord. No. 5187]
(1)
It has been determined that a false statement was
made in the application or renewal application for license.
(2)
The licensee has violated any section of this chapter.
(3)
Failure or lack of properly functioning equipment.
(4)
Unsanitary or unsafe conditions which may adversely
impact the health of the public.
(5)
The Bureau of Health has reasonable cause to suspect
that a communicable disease is being or may be transmitted by a tattooist.
(6)
The tattooist has demonstrated gross incompetence
in performing body piercing, ear piercing, tattooing or micropigmentation.
(7)
The owner or tattooist has been convicted in this
or any other state of a crime directly related to the practice of
tattooing, micropigmentation, body piercing, ear piercing or body
art.
(8)
The owner or tattooist has permitted piercing or a
tattoo upon a person under 18 years of age and in violation of this
chapter.
B.
The following shall be cause for, and at a minimum,
a seven-day suspension: Failure to report to the Bureau of Health
within 24 hours any infection or injury requiring a medical referral.
A second offense may be cause for closure.
C.
Notwithstanding the above, in the event Chief Health
Administrator has determined there is an imminent danger to public
health, the Chief Health Administrator may order immediate closure
of the facility.
[Amended 2-11-2009 by Ord. No. 5187]
[Amended 2-11-2009 by Ord. No. 5187]
Any person receiving sanctions pursuant to this
section shall be given written notice and allowed 30 days from the
date of service to file an appeal to the City of Easton Board of Health,
in which event a hearing shall be scheduled within 30 days of notice
of said appeal. Notwithstanding the above, the Chief Health Administrator
may require immediate closure to prevent imminent danger to the public
health; in which event owner may request a hearing before the Board
of Health within 30 days from the filing of an appeal from such action.
