(a) Criteria for operating a facility.
(1) Each facility manager shall:
A. Require each individual working within the facility premises providing tattooing/body piercing services to have a valid tattoo/body piercing operator or apprentice certification;
B. Be responsible for maintaining a list of certified operators or apprentices employed at the facility for review by the township upon request;
C. Post the valid establishment, operator(s) or apprentice certificates;
D. Comply with all requirements of this regulation;
E. Allow the township representative to inspect the facility when it is open for business; and
F. Notify the township in writing by mail or in person within five calendar days of closure of the facility. If the same owner reopens the facility while the license is still correct, the facility operator is to inform the township prior to resuming business.
(2) Tattooing/body piercing services shall not be provided outside of a certified establishment unless a temporary establishment certificate has been obtained pursuant to this regulation.
(3) The facility shall comply with the most current version of the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Occupational Exposure to Bloodborne Pathogens Standard, 29 C.F.R. § 1910.1030, including OSHA instruction CPL 2-2.44C or later editions.
(b) Facility requirements.
(1) Location.
A. Tattoo/body piercing establishments shall not be located within 1,000 feet of any school, child care facility, common open space, community center, public park or recreational facility.
B. For the purpose of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the proposed establishment to the nearest outer property line of a school, child care facility, common open space, community center, public park or recreational facility.
(2) Adjacent businesses. All tattoo/body piercing establishments shall be completely separated by solid partitions, or by walls extending from floor to ceiling, from any room used for human habitation, a food establishment or room where food is prepared, a hair salon, retail sales or other such activity which may cause potential contamination of work surfaces. If such partition or wall contains a door or window, the door shall be self-closing and kept closed and the window shall not be able to be opened. When partitions are authorized to be used to separate areas within the establishment, such partitions shall not extend closer than 18 inches to ceiling, and shall permit free circulation of air.
(3) Floors. Floors shall be constructed of approved materials so as to be durable, easily cleanable and free of open holes or cracks and shall be kept clean and in good repair. Carpeting or other porous floor coverings are not permitted in the service areas of the establishment. The juncture between the floor and the wall shall be closed, and in new establishments or those extensively altered, it shall also be covered to permit effective cleaning. Floors shall be kept clean by dustless methods.
(4) Walls, ceilings, partitions, fixtures, equipment and other appurtenances.
A. Walls and partitions in service areas shall be easily cleanable and kept in good repair. Walls, partitions, ceilings, cabinets, shelves, drawers, furniture, fixtures and all other equipment and appurtenances shall be easily cleanable and kept clean and finished in a color that will not conceal the presence of soil.
B. Furniture used by the client during procedures is to be of nonporous materials and cleaned after each use. Work tables shall be constructed of smooth easily cleanable materials and cleaned between each use. A property designed and installed equipment washing sink adequate for the needs of the establishment is to be located convenient to the work area.
(5) Lighting. General illumination of at least ten footcandles at a point 30 inches above the floor level shall be provided in all rooms, and illuminations of at least 100 footcandles shall be provided at all working surfaces where services are provided to patrons and where tools and instruments are cleaned and sanitized or sterilized. Such illumination shall be reasonably free from glare and distributed so as to avoid shadows.
(6) Ventilation. Ventilation shall be provided so as to prevent condensate and excess moisture and to remove objectionable odors and toxic substances. Construction and operation of ventilation facilities shall be such as to prevent undue chill. Exhaust outlets shall be constructed and operated so as to avoid creating a nuisance to adjacent areas as prescribed by § 1280.03(a) of this code of ordinances.
(7) Water supply. Water shall be of a safe, sanitary quality from a source approved by the township and shall be provided in adequate quantity and pressure in all rooms used for services of patrons and/or cleaning of tools and instruments. All hand washing facilities, containers, and sinks used for cleaning tools and instruments or hand washing shall be provided with cold and hot water conveniently available at all times when the establishment is open for service.
(8) Liquid waste disposal. All liquid wastes shall be disposed in accordance with the requirements of the plumbing and health codes and regulations adopted thereunder, and any other applicable ordinances and regulations of the township. Such wastes shall be discharged into the municipal sewerage system, if available. If such system is not available, liquid wastes shall be disposed of in a manner approved by the township.
(9) Refuse storage and disposal.
A. Hair particles, paper, tissues, cottons and other waste materials shall be kept stored in tightly covered waste containers. Refuse containers in areas where services are provided to patrons shall be emptied and cleaned at least daily. All refuse containers shall be cleanable and kept clean. All waste materials are to be removed from the premises at least weekly. Used bandages, gauze or other disposable items which are contaminated with blood or dried blood are to be placed in closable, leak-proof color-coded or labeled containers built to contain all contents during handling, storing, transporting, or shipping. These containers are to be sterilized in an autoclave prior to disposal or transported and processed by an infectious waste transporter and disposal site approved by the State Department of Environmental Protection. Where on-site autoclaving is utilized, autoclavable plastic bags are to be used for containerization of the waste.
B. Needles or any other sharp objects which may have come into contact with blood or blood products are to be placed in a closable, puncture-resistant, disposable container which is leak-proof on the sides and bottom and labeled or color coded to identify the contents as a biohazard. These containers are to be sterilized in an autoclave prior to disposal or transported and processed by an infectious waste transporter and disposal site approved by the State Department of Environmental Protection.
(10) Sanitary facilities.
A. Toilet and lavatory facilities shall be adequate, conveniently located and available during working hours for all persons working in the establishment, and shall comply with applicable statutes, ordinances and regulations. Toilet rooms shall be constructed with smooth, washable floors, walls and ceilings shall be kept clean, well illuminated and in good repair and finished in a color so as not to conceal the presence of soil. Toilet rooms shall be ventilated to the outside air as prescribed in the Plumbing Code, and discharge vents shall conform to the requirements of the § 1280.03(a) of this code of ordinances.
B. A handwash sink with hot and cold running water shall be located in the work area and shall be for the exclusive use of the tattoo artist/body piercer for handwashing and preparing the customer. The sink shall be equipped with wrist or foot operated controls, approved germicidal soap solution provided by means of a pump dispenser, and individual disposable or autoclavable hand brushes and fingernail files for each operator. C-fold paper or other approved individual hand wiping towels are to be available. Common towels and common drinking cups are prohibited. Durable, legible signs shall be posted conspicuously in each toilet room directing employees to wash their hands before returning to work.
(11) Insect, rodent and animal control. Effective measures shall be taken to protect against the entrance into the establishment and the breeding or presence on the premises of insects and rodents. Insects and rodents shall not be present in any part of the establishment. No live animals shall be kept or allowed in any room where tattooing or body piercing is conducted except with guide dogs accompanying physically disable persons may be permitted.
(12) Soiled utility area. An area located away from work stations or areas frequented by the public is to be provided for the cleaning and/or sterilization of equipment. A sink with hot and cold running water and adequate lighting and ventilation is to be provided.
(Ord. 832, passed 3-15-2006; Ord. 882, passed 5-19-2010)