§ 115.37 OPERATOR REQUIREMENTS AND PROFESSIONAL STANDARDS.
   The following information shall be kept on file on the premises of a tattoo/body-piercing establishment and available for inspection by the Department.
   (A)   The names of all operators/technicians in the establishment and their exact duties, including the following information:
      (1)   Full names; date of birth; gender; home address; home/work phone numbers; identification photos of all operators/technicians;
      (2)   Establishment name; hours of operation; owner’s name and address;
      (3)   A complete description of all body art procedures performed;
      (4)   An inventory of all instruments and body jewelry, all sharps and all inks used for any and all body art procedures, including names of manufactures and serial or lot numbers, if available or applicable; and
      (5)   A copy of these regulations.
   (B)   Permits shall be prominently displayed in the body art establishment and shall not be defaced or altered in any manner.
   (C)   It shall be unlawful for any person to perform tattoo or body-piercing procedures unless the procedures are performed in a tattoo body-piercing establishment with a current permit.
   (D)   The operator must be a minimum of 18 years of age.
   (E)   Smoking, eating or drinking by anyone is prohibited in the area where tattoos and body- piercings are performed.
   (F)   Operators shall refuse service to any person who, in the opinion of the operator, is under the influence of alcohol or drugs.
   (G)   The operator shall maintain a high degree of personal cleanliness, conform to hygienic practices and wear clean clothes when performing tattoo or body-piercing procedures. Before performing tattoos or body-piercings, the operator must thoroughly wash hands in hot running water with liquid antimicrobial soap, then rinse hands and dry with disposable paper towels. This shall be done as often as necessary to remove contaminants.
   (H)   In performing tattoos and body-piercing procedures, the operator shall wear disposable medical gloves. The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client.
   (I)   If, while performing a tattoo or body-piercing procedure the operator’s glove is pierced, torn or otherwise contaminated, the procedures (in divisions (G) and (H) above) shall be repeated immediately. The contaminated gloves shall be immediately discarded and the hands washed thoroughly (see division (G) above) before fresh pair of gloves is applied. Any item or other instrument used for a tattoo or body-piercing which is contaminated during the procedure shall be discarded and replaced immediately with new ones before the procedure resumes.
   (J)   Contaminated waste, as defined in this code, which may release liquid blood or body fluids when compressed or may release dried blood or body fluids when handled must be placed in an approved “red” bag which is marked with the international biohazard symbol. It must then be disposed of by a waste hauler approved by the Department. Sharps ready for disposal shall be disposed of in approved sharps containers. Contaminated waste which does not release liquid blood or body fluids when compressed or does not release dried blood or body fluids when handled may be placed in a covered receptacle and disposed of through normal, approved disposal methods. Storage of contaminated waste on-site shall not exceed the period specified by the Department or more than a maximum of 30 days.
   (K)   No person shall perform any tattoo or body-piercing procedure upon a person under the age of 18 years without the presence, consent and proper identification of a parent, legal custodial parent or legal guardian. Nothing in this section is intended to require an operator to perform any tattoo or body- piercing procedure on a person under 18 years of age with parental or guardian consent.
   (L)   Any skin or mucosa surface to receive a tattoo or body-piercing procedure shall be free of rash, infection or any other visible pathological condition.
   (M)   The skin of the operator shall be free of rash, infection or any other visible pathological condition. No person or operator affected with boils, infected wounds, open sores, abrasions, exudative lesions, acute respiratory infection, nausea, vomiting, diarrhea or jaundice shall work in any area of a tattoo/body-piercing establishment in any capacity in which there is a likelihood of contaminating tattoo or body-piercing equipment, supplies or working surfaces with pathogenic organisms. Each tattoo artist and operator should be able to provide the following information, upon request of the Department: that each tattoo artist and operator has either completed or been offered and declined, in writing, the Hepatitis B vaccination series; that antibody testing has revealed that the employee is immune to Hepatitis B; or that the vaccine is contraindicated for medical reasons.
(Ord. 2008-3, passed 3-24-2008) Penalty, see § 115.99