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In addition to complying with the requirements of the SBAA including Section 119308 of the Health and Safety Code, practitioners must comply with these requirements:
(a) No body art procedure shall be done on skin surfaces which have rash, pimples, boils, infections or manifest any evidence of unhealthful conditions.
(b) The practitioner shall be free of communicable diseases and have no pustule skin lesions.
(c) The Director may from time to time notify practitioners and facilities that additional or modified procedures are required in an Infection Prevention Control Plan (IPCP). These notifications may be provided when infection control issues, changes in the practice of body art, or new technology warrant procedural changes. Upon receipt of such notice, practitioners and facilities shall update any applicable IPCP to incorporate the Director's specifications, and shall comply with the updated plan.
(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. 10927 (N.S.), effective 1-10-25)
In addition to meeting the requirements of the SBAA, including Sections 119309, 119311, 119314, 119315, 119317 (for mobile facilities) and 119310 (for temporary facilities) of the Health and Safety Code, body art facilities shall meet the following requirements:
(a) As stated in Section 66.305(a), body art procedures shall be the only activity conducted in a body art facility.
(b) The premises of a body arts facility shall be maintained in a clean and sanitary manner at all times, free from vermin or rodent infestation and excessive dust and dirt.
(c) Clean toilet rooms in good repair shall be provided, conveniently located, and accessible for use by employees during all hours of operation. The number of toilet facilities required shall be in accordance with applicable local building and plumbing ordinances, or where applicable, temporary event ordinances. Toilet tissue, soap, and sanitary single-use towels or an air hand drying device shall be provided in permanently installed dispensers conveniently located at each toilet room, or as applicable under local ordinances for temporary events. For mobile body art facilities, these toilet rooms must be located as set out in section 66.309(g) of this chapter.
(d) Adequate lighting and ventilation shall be provided. Workstations must be provided with at least fifty (50) foot-candles of artificial light at the procedure site.
(e) Operating tables or mayo stands shall be constructed of stainless steel or equivalent. The workstation area and equipment shall be separated from observers and waiting customers by at least ten feet.
(f) Except at temporary body art events, a workstation handwash sink shall be readily accessible and visible no more than 25 feet from the procedure area. For mobile body art facilities, this sink must be located in the vehicle, as specified in section 66.309(d) of this chapter.
(g) At a temporary body art event, the practitioners shall have a portable handwash sink with warm running water available with soap in a dispenser and single use paper towels. The handwash sink shall be made available for use by no more than 15 booths and be no more than 35 feet from the furthest workstation.
(h) Instruments, dyes, inks, pigments, carbon, stencils and other paraphernalia used in the body art facility shall be stored exclusively in approved closed cabinets.
(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. 10927 (N.S.), effective 1-10-25)
(a) The permit holder shall maintain proper records of each customer. In addition to the records required in SBAA, including sections 119303(c), 119307(e), 119313(e) and 119315(f) of the Health and Safety Code, a log of the following information shall be maintained:
(1) The date when the body art procedure was applied.
(2) The name, address and age of the client.
(3) The design and/or the location of the procedure site.
(4) The name of the Body Art Practitioner.
(b) The information required in subsection (a) shall be permanently recorded, in ink or indelible pencil, in an organized file or bound book kept solely for this purpose. This book shall be available at reasonable hours for examination by the Enforcement Officer and shall be kept in the establishment for a minimum of six months. The confidentiality provisions of section 119303(c) of the Health and Safety Code shall be applied to these records.
(c) All complaints of infections resulting from the practice of body art shall be reported to the County Health Officer by the person owning or operating the body art facility.
(d) A facility that only provides mechanical stud and clasp ear piercing services using a single-use, pre- sterilized, stud and clasp for jewelry in compliance with section 119310 (a) & (b) of the SBAA shall submit a notification form. The form will be provided by the Department in compliance with Article 7 of the SBAA.
(Added by Ord. No. 10219 (N.S.), effective 8-24-12; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
In addition to complying with the requirements of Article 2 and requirements for vehicle found in the SBAA, including section 119316 and when applicable section 119317 of the Health and Safety Code, practitioners working from a mobile body art vehicle shall comply with all of the following requirements:
(a) Mobile body art vehicles which do not have on-board sterilization equipment shall have sufficient utensils and equipment on hand in each mobile body art vehicle to handle one day's tattooing without having to re-sterilize.
(b) Body art procedures performed pursuant to this section shall be done only from an enclosed vehicle such as a trailer or mobilehome. No body art procedure shall be performed outside of the enclosed vehicle.
(c) The mobile body art vehicle shall be used only for the purposes of performing body art.
(d) The mobile body art vehicle shall be equipped with a sink for the exclusive use of the tattoo artist/body arts technician for handwashing and preparing customers for tattooing. The sink shall be supplied with warm running water under pressure, a soap dispenser with soap and single use paper towels from a dispenser. An adequate supply of potable water shall be maintained for the mobile body art vehicle at all times tattooing is being performed.
(e) All liquid wastes shall be stored in an adequate storage tank with a capacity at least fifty percent greater than the capacity of the on-board potable water. Liquid wastes shall be disposed of at approved trailer dump sites.
(f) The mobile body art vehicle shall be maintained in a clean and sanitary condition free of vermin, at all times. Doors to a procedure area shall be tight-fitting and kept closed. Openable windows shall have tight-fitting screens.
(g) There shall be approved restroom facilities within 200 feet of the mobile body art vehicle.
(h) There shall be adequate light and ventilation in each mobile body art vehicle. Workstations must be provided with at least fifty (50) foot-candles of artificial light at the procedure site.
(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. 10927 (N.S.), effective 1-10-25)
In addition to the enforcement provisions of the SBAA, including section 119319 and 119323 of the Health and Safety Code, the following penalties and remedies apply:
(a) Any violation of the SBAA within the County of San Diego and any violation of this chapter shall be a misdemeanor. Each day on which a violation occurs or continues shall constitute a separate offense.
(b) Any violation of the SBAA within the County of San Diego and any violation of this chapter shall be subject to the administrative penalties set out in section 119323 of the Health and Safety Code. The provisions of Title 1 of this code shall apply to the assessment of administrative penalties and to the appeal of such assessments.
(Added by Ord. No. 10219 (N.S.), effective 8-24-12; amended by Ord. 10927 (N.S.), effective 1-10-25)
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