The provisions of this chapter shall apply to
tattoo and body piercing facilities, tattoo artists and body piercers
and the practice of tattooing and body piercing.
As used in this chapter, unless otherwise specifically
indicated, the following terms shall have the meanings indicated:
APPROVED
Acceptable to the Health Department based upon its determination
of conformance to necessary public health practices.
BIOHAZARD SHARPS CONTAINER
A container used to dispose of medical equipment or clinical
laboratory articles that may cause punctures or cuts, such as hypodermic
needles, syringes with attached needles, lancets and razor blades.
BODY PIERCER
A person who performs body piercing on another person at
that person's request.
BODY PIERCING
Perforating any human body part or tissue, except an ear,
and placing a foreign object in the perforation to prevent the perforation
from closing.
CLEANING
The removal of foreign material from objects, normally accomplished
with detergent, water and mechanical action.
DISINFECTANT
A chemical that is capable of destroying disease-causing
organisms on inanimate objects, with the exception of bacterial spores.
HEALTH OFFICER
The Director of the Pierce County Health Department or an
authorized agent of the Health Officer.
PATRON
A person receiving a tattoo or body piercing.
PREINSPECTION FEE
A fee for consultative services offered within a six-month
period from the date of permit application to persons intending to
operate a new tattoo or body piercing facility or a combined tattoo
or body piercing facility or to a person intending to be the new operator
of an existing tattoo or body piercing facility or combined tattoo
and body piercing facility.
REINSPECTION FEE
A fee for the third and subsequent inspections needed to
address compliance issues with the statutes and administrative codes
that govern their operation.
STERILIZE
Submission to the steam pressure (autoclave) method with
at least 15 pounds of pressure per square inch at 250º F. for
at least 30 minutes, such that all forms of microbial life, including
spores, viruses, bacteria and fungi, are destroyed.
TATTOOING
Includes any method of placing or removing designs, letters,
scrolls, figures, symbols or any other marks upon or under the skin
of a person with ink or color by the aid of needles or instruments.
TEMPORARY COMBINED FACILITY
A single building, structure, area or location where both
tattooing and body piercing are performed for a maximum of seven days
per event.
TEMPORARY FACILITY
A single building, structure, area or location where a tattoo
artist or body piercer performs tattooing or body piercing for a maximum
of seven days per event.
The provisions of this chapter shall be administered
by or under the direction of the Health Officer, who, in person or
by duly authorized representative, shall have the right to enter,
at reasonable hours, upon premises affected by this chapter to inspect
the premises, examine and copy relevant documents and records or obtain
photographic or other evidence needed to enforce the provisions of
this chapter.
No person shall engage in the practice of tattooing
or body piercing or shall carry on the business of operating a tattoo
or body piercing facility or a combined tattoo and body piercing facility
within Pierce County unless he/she has a valid permit issued by the
Health Department for each and every such place of business.
A. Application. Application for permits shall be made
in writing to the Health Department on forms provided by the Health
Department, stating the name and address of the applicant and the
name and address of the proposed tattoo or body piercing facility
or a combined tattoo and body piercing facility, together with such
other information as may be required.
B. Fee. Fees for the issuance of permits, the making
of investigations, inspections, training and technical assistance
to establishments covered pursuant to this chapter, plus the costs
required to be paid to the state for each permit issued, are hereby
established pursuant to this chapter, subject to amendment, from time
to time, upon recommendation of the Pierce County Health Officer and
approval of the Board of Health. Separate preinspection fees are hereby
established with respect to new establishments or existing establishments
that have been transferred to a new owner. Reinspection fees are hereby
established to address compliance issues with statutes and administrative
codes.
[Amended 4-17-2001 by Ord. No. 00-15]
C. Permit. Permits shall be posted in a conspicuous place
in the tattoo or body piercing facility. Permits are not transferable
and, except for temporary tattoo or body piercing facility permits,
shall expire on June 30 following their issuance.
(1) Tattoo or body piercing facility permit. A separate
permit is required for each tattoo or body piercing facility. A permit
shall not be transferable to a location other than the one for which
it was issued. Such permits shall expire on June 30 following their
issuance.
[Amended 4-16-2002 by Ord. No. 02-02]
(2) Combined tattoo and body piercing facility. A separate
permit is required for a combined tattoo and body piercing facility.
A permit shall not be transferable to a location other than the one
for which it is issued. Such permits shall expire on June 30 following
their issuance.
[Amended 4-16-2002 by Ord. No. 02-02]
(3) Tattoo artist or body piercer permit. A separate permit
is required for each tattoo artist or body piercer engaged in the
practice of tattooing or body piercing. Such permits shall expire
on June 30 following their issuance.
[Amended 4-16-2002 by Ord. No. 02-02]
(4) Temporary facility or temporary combined facility
permit. A separate permit is required for each temporary facility
or temporary combined facility. Such permit is not transferable to
a location other than the one for which it was issued and shall expire
seven days after the date it was issued.
D. Permit suspension and revocation. Such permit may
be temporarily suspended by the Health Department for violations that
present an immediate health hazard or may be revoked after repeated
violations of this chapter. Any person affected by such suspension
or revocation shall have the right to appeal.
The requirements contained in this chapter shall
apply to temporary facilities and temporary combined facilities, except
where superseded by the following:
A. Permit.
(1) No temporary facility or temporary combined facility
may be operated before being granted a permit by the Health Department.
(2) No permit may be issued without prior inspection.
(3) The permit issued by the County Health Department
shall be conspicuously displayed in the temporary facility or temporary
combined facility.
(4) A tattoo artist or body piercer operating a temporary
facility or combined temporary facility found to be an habitual violator
of this chapter by the County Health Department may be denied a permit
to operate or may have the permit revoked.
B. Premises.
(1) Floors shall be maintained in a sanitary condition.
Dirt floors shall be covered by an approved material which will provide
protection from dust.
(2) Hand washing.
(a)
When water is available under pressure, hand-washing
facilities with approved liquid waste disposal shall be reasonably
accessible to the tattoo artist or body piercer.
(b)
When water is not available under pressure,
a minimum of two basins or a two-compartment basin shall be provided.
(3) Water in sufficient quantity shall be hauled and stored
in containers that are easily cleanable, provided with tight-fitting
covers and maintained in a clean and sanitary condition.
(4) Liquid soap and single-service towels for hand washing
and drying hands shall be provided.
C. Equipment. If an approved autoclave/sterilizer is
not provided, only pre-sterilized instruments that are pre-wrapped
with time sterile indicator tape attached and stored in a clean, dry
manner may be used in the practice of tattooing or body piercing.
Records shall be kept by each permittee of all
tattoos and body piercings administered, including the name of the
patron, date, general identification of the tattoo or body piercing
and tattoo artist's or body piercer's name. Records shall be kept
on the premises of the tattoo or body piercing facility where tattoos
or body piercings are administered. These records shall be available
for inspection for a period of three years after the date the tattoo
or body piercing is completed.
Appeals from Health Department orders shall
be pursuant to Health Department policy adopted in conformance with
the procedures for conducting appeals enumerated in Chapter 68, Wis.
Stats. Copies of the appeal procedures shall be available at the Health
Department. An appeal does not eliminate the Department's right to
seek court intervention in the form of injunctive or other relief
against continuing violations.
Any person who violates or refuses to comply
with any provision of this chapter shall be subject to a forfeiture
of not less than $50 nor more than $500 for each offense. Each day
a violation exists or continues shall be considered a separate offense.
[Amended 6-22-2010 by Ord. No. 10-01]
The applicable regulations, rules and laws set
forth in §§ 252.23, 252.24 and 252.245, Wis. Stats.,
and Chapter DHS 173 of the Wisconsin Administrative Code are incorporated
in this chapter by reference, and they shall be construed, read and
interpreted as though fully set forth herein. The express provisions
of this chapter shall control where more restrictive.