Purpose. | |
Definitions. | |
Permit Required for Body Art Facility. | |
Investigation and Inspection. | |
Registration Card Required for Body Art Practitioner. | |
Expiration Date of Permit and Registration Card. | |
Nontransferability of Permit and Registration Card. | |
Body Art Temporary Demonstration Booth. | |
Mechanical Stud and Clasp Ear Piercing. | |
Permit and Registration Fees. | |
Body Art Facility Permits and Practitioner's Registration Cards – Notice to Clients and Prospective Clients. | |
Suspension or Revocation of Permit or Registration Card. | |
Imminent Health Hazard. | |
Violations – Penalties. | |
Rules and Regulations. | |
Undertaking for the General Welfare. | |
Severability. | |
The Board of Supervisors finds and declares the following:
The purpose of this ordinance is to implement California Health & Safety Code Sections 119300 et seq., the Safe Body Art Act, to provide minimum standards for the regulation of persons engaged in California in the business of tattooing, body piercing, branding, and the application of permanent cosmetics. These standards are intended to protect both the practitioner and the client from transmission of infectious diseases through the application of proper body art procedures, and the prevention of cross-contamination of instruments and supplies.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
For purposes of this Article 40, the following definitions apply.
"Aftercare" means written and oral instructions (sometimes called "post procedure instructions") given to the client, that are specific to the body art procedure the client has undergone or will undergo, and that pertain to caring for the body after the procedure.
"Antimicrobial" means agents that disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms.
"Autoclave" means a container (sometimes called a "steam sterilizer") specifically made for sterilizing instruments or other materials by superheated steam (at least 250 degrees Fahrenheit) under pressure for a specified period of time to insure sterilization of all contents.
"Blood" means human blood, human blood components, and products made from human blood.
"Bloodborne pathogen" means a disease-causing microorganism that, when present in the blood, can be transmitted to humans, including, but not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV).
"Bodily fluids" means any fluid in the body including blood, urine, saliva, sputum, tears, semen, milk, or vaginal secretions. Blood may be released from the body when the skin of any human surfaces including but not limited to the lip, tongue, mouth or nose, is punctured, torn, cut, or abraded.
"Body art" means body piercing, tattooing, branding, or applying permanent cosmetics to the human body, as those terms are defined below.
(1) "Body piercing" means the creation of an opening in a human body for the purpose of inserting jewelry or other decoration. "Body piercing" includes, but is not limited to, the piercing of an ear, including the tragus, lip, tongue, nose, or eyebrow; provided, however, that "body piercing" does not include the piercing of an ear, except for the tragus, with a disposable, single-use, pre-sterilized stud and clasp or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
(2) "Tattooing" means the insertion of pigment in human skin tissue by piercing with a needle.
(3) "Branding" means the process in which a mark or marks are burned into human skin tissue with a hot iron or other instrument, with the intention of leaving a permanent scar.
(4) "Permanent cosmetics" means the application of pigments in human skin tissue for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eyebrow, or lip color.
"Body art facility" means the building, section of a building, or vehicle in which a practitioner performs body art, including reception areas, the procedure area, and the decontamination and sterilization area, as those terms are defined below.
(1) "Reception area" means the room, or portion of the building where clients, potential clients, and members of the public, are greeted and wait to be admitted to the procedure area.
(2) "Procedure area" means a room, or designated portion of a room, or designated portion of a vehicle, that is set apart and only used to perform body art.
(3) "Decontamination and sterilization area" means a room, or specific section of a room, or specific section of a vehicle, that is set apart and used exclusively to decontaminate and sterilize instruments.
"Body art temporary demonstration booth" means the temporary area in which practitioners may work under the conditions delineated in Section 4008, below.
"Client" means an individual upon whom a practitioner performs body art.
"Decontaminate" means the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where the pathogens are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.
"Department" means the San Francisco Department of Public Health.
"Director" includes the Director of Public Health, and any designee of the Director of Public Health.
"Instrument" means a nonmedical application device used in performing body art, including, but not limited to, needles, needle bars, needle tubes, forceps, hemostats, tweezers, razors, or razor blades.
"Owner" means either of the following:
(1) The person or persons whose name or names appear on the health permit, business license, property deed, or rental agreement of the body art facility.
(2) A person, acting as a principal of a corporation or partnership, who employs practitioners to perform body art.
"Practitioner" means a person who performs body art on a client.
"Sterilize" means the complete destruction of all microbial life forms, including spores.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
(a) All body art facilities must obtain a permit issued by the Director.
(b) Every applicant for a body art facility permit shall file a written application with the Department, which shall state the name and address of the applicant, a description of the body art facility by street and number, the number of practitioners to be employed in the body art facility, together with a description of the experience and qualifications of each practitioner, and such other pertinent information as the Department may require. Such information shall be updated annually.
(c) A body art facility permit shall be subject to suspension or revocation by the Director, following a hearing, upon a showing satisfactory to the Director of a violation by the practitioner of state law, this Article 40, other local law, or the Director's rules and regulations implementing this Article, in accordance with the procedures set forth in Section 4012 of this Article.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
The Director shall investigate the statements made in the application for a body art facility permit, and shall inspect the proposed body art facility. If the Director determines that the statements contained in the application are true, and that the sanitary conditions of the body art facility comply with state law, this Article 40, local zoning, fire and building code requirements, and the Director's rules and regulations implementing this Article, a permit shall be granted for the body art facility.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
(a) It shall be unlawful for any person to employ a body art practitioner without such practitioner having first secured a practitioner's registration card issued by the Director.
(b) The issuance of the body art practitioner's registration card shall be subject to the applicant's compliance with state law, the provisions of this Article 40, and the Director's rules and regulations implementing this Article, including passing any required examination.
(c) A practitioner's registration card shall be subject to suspension or revocation by the Director, following a hearing, upon a showing satisfactory to the Director of a violation by the practitioner of state law, this Article 40, other local law, or the Director's rules and regulations implementing this Article, in accordance with the procedures set forth in Section 4012 of this Article.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
A permit for a body art facility or a body art practitioner's registration card may be granted at any time during the year, but all body art facility permits and body art practitioner's identification cards issued, regardless of the date of issuance, shall expire at the end of the thirtieth day of the June following the date of issuance.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
(a) A permit for a body art facility is not transferable.
(b) A body art practitioner's registration card is not transferable.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
(a) A registered body art practitioner may practice in a temporary demonstration booth for no more than 7 days in a 90-day period, if the demonstration booth meets all of the following requirements:
(1) Is located in a building that has, at a minimum, hand washing facilities with hot and cold running water, containerized liquid soap, single-use paper towels, a five-gallon or larger container of potable water accessible via spigot, and a wastewater collection and holding tank of corresponding size, to which the practitioner has direct, unobstructed access. Potable water shall be refilled and the holding tank evacuated at least every four procedures or every four hours, whichever occurs first, while the temporary demonstration booth is in operation.
(2) Is constructed with a partition of at least 3 feet in height separating the procedure area from the public.
(3) Is free from both insect and rodent infestation.
(4) Is used exclusively for performing body art.
(5) Is equipped with adequate light at the level where the practitioner is performing body art.
(6) Prohibits animals.
(7) Operates with all necessary permits to conduct business at that site.
(b) All body art temporary demonstration booths must meet the requirements listed in subsection (a), above, and obtain a permit from the Department.
(c) In addition to the penalties authorized in Section 4014, if a body art practitioner violates this section, the Department shall close the body art event and shall impose a penalty not to exceed three times the cost of the permit.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
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