Loading...
This chapter implements state law provisions for body art facilities and their employees, as well as establishes additional local requirements to prevent communicable disease transmission in order to protect public health and safety in San Diego County. Health and Safety Code (H & S Code) sections 119300 et seq., also referred to as the Safe Body Art Act (SBAA), provides statewide health and sanitation standards for body art to include body piercing, tattooing, branding, or application of permanent cosmetics. These sections designate local health officers and directors of environmental health as enforcement officials, allowing a local election of which official enforces this program. The Director of Environmental Health (Director) shall implement this program. The Director is also the director of environmental health in all of the incorporated cities in the County, and therefore will enforce the body art standards in state law Countywide. The SBAA also allows a city or county to adopt local regulations or ordinances that do not conflict with or are more stringent than the provisions of the SBAA, except for mechanical stud and clasp ear piercing. This chapter establishes additional local requirements for body art regulation, to be administered by the Director in the unincorporated portion of the County and in any city that adopts these additional requirements for implementation by the County.
(Added by Ord. No. 10219 (N.S.), effective 8-24-12; amended by Ord. No. 10642 (N.S.), effective 1-10-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
Except as provided below, terms defined in section 119301 of the California Health and Safety Code shall have the same meaning when used in this chapter as is set out in that section. Defined terms used in this chapter include the following: body art facility, client, instrument, local enforcement agency, owner, potable water, practitioner, procedure area, procedure site, sponsor, sterilization, tattooing, vehicle, and workstation.
The following terms when used in this chapter shall have the following meaning:
(a) APPROVED means acceptable to the Director or the County Health Officer if the Health Officer is specified.
(b) BODY ART shall have the meaning set out in Section 119301 of the California Health and Safety Code but as provided elsewhere in that act does not include mechanical stud and clasp ear piercing, i.e., piercing the ear with a disposable, single-use, pre-sterilized clasp and stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
(c) Department means the Department of Environmental Health and Quality.
(d) DIRECTOR means the Director of Environmental Health and any person appointed or hired by the Director to enforce or administer this chapter.
(e) ENFORCEMENT OFFICER means the Director and duly authorized Registered Environmental Health Specialists and Environmental Health Specialist Trainees employed by the County.
(f) MAYO STAND means an adjustable stand with stainless steel tray for holding body art implements.
(g) MOBILE BODY ART VEHICLE means a non-permanent, mobile body art establishment, operating at locations remote from the permanent body art facility, from which body art practitioners perform body art for a fee or for other consideration.
(h) PERMIT means an annual permit issued to a body art facility including a mobile body art vehicle by the Department. Permit also includes the permit issued for each body art temporary event.
(i) SBAA means the Safe Body Art Act, codified at California Health and Safety Code sections 119300 and following.
(j) SINGLE SERVICE means one-time, one person use.
(Added by Ord. No. 10219 (N.S.), effective 8-24-12; amended by Ord. No. 10642 (N.S.), effective 1-10-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
The Department shall be the Local Enforcement Agency for the Safe Body Art Act countywide. The Department, through the Director, shall also administer and enforce the additional requirements adopted in this chapter within the unincorporated areas of the county; as well as, administer and enforce any similar requirements adopted by municipalities for enforcement by the County. The Director is the Enforcement Officer when acting in the unincorporated area of the County, and when acting in a municipality to enforce the SBAA or any additional requirements enacted by that municipality.
(Added by Ord. No. 10219 (N.S.), effective 8-24-12; amended by Ord. No. 10642 (N.S.), effective 1-10-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
Loading...