For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFTERCARE. Written instructions given to the client, specific to the procedure(s) rendered, on caring for the body art and surrounding area.
ANTISEPTIC. An agent that destroys disease-causing microorganisms on human skin or mucosa as approved by the U.S. Food and Drug Administration, as indicated in the label.
BLOOD. Human blood or any human body fluid that may cause contamination.
BODY ART. Physical body adornment using, but not limited to, the following techniques: body piercing, tattooing, and permanent cosmetic tattooing.
BODY ART ESTABLISHMENT. Any place or premise, whether public or private, temporary or permanent in nature or location, where the practices of body art, whether or not for profit, are performed.
BODY PIERCING. Creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but is not
limited to, piercing of an ear, lip, tongue, nose or eyebrow as defined in the Cal. Health and Safety Code.
CONTAMINATED WASTE. Any material to be disposed of that has been soiled by blood or other potentially infectious material in the process of tattooing, body piercing, or the application of permanent cosmetics.
DISINFECTION. The destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering the objects safe for use or handling.
EQUIPMENT. All machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in the operation of a body art establishment.
ESTABLISHMENT PLAN. A drawing of the establishment’s layout illustrating the requirements of this chapter.
EXPOSURE CONTROL PLAN. A written plan, applying to all those who perform tattooing, application of permanent cosmetics, or body piercing within a facility pursuant to Cal/OSHA (Cal. Code of Regulations) Title 8, § 3204 9(e) and § 5193 Blood Borne Pathogens and Federal OSHA 29 CFR 1910.1030. It is designed to eliminate or minimize employee and client exposure to blood borne pathogens and other communicable diseases.
HOT WATER. Water at least 120°F or as specified by the local building authority.
JEWELRY. Any personal ornament inserted into a newly pierced area in a person’s body.
LIQUID CHEMICAL GERMICIDE. A disinfectant or sanitizer registered with the Environmental Protection Agency.
LOCAL ENFORCEMENT AGENCY (LEA). The San Benito County Department of Environmental Health and its designated employees, or other designated agents.
OWNER. Includes a lessee and every person who operates, controls or has custody of any place of business or employment.
PERMANENT COSMETICS. The application of pigments to or under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to eyebrows, permanent eyeliner, eye shadow, or lip color, as defined in the Cal. Health and Safety Code § 119300(c).
PERMIT. Written approval by the Local Enforcement Agency to operate a body art establishment. Approval is given in accordance with these standards, and is separate from any other licensing requirements that may exist within the local jurisdiction.
PERSON. Any individual, partnership, corporation, or association.
PRACTITIONER. Any individual who controls, operates, manages, conducts or practices body art activities at a body art establishment. The term includes practitioners who work under the direction of the operator and perform body art activities.
PROCEDURE SURFACE. The surface area of furniture or accessories that may come into contact with the client’s clothed or unclothed body during a body art procedure. PROCEDURE SURFACE also means the area of the client’s skin where the body art procedure is to be performed and the surrounding area of the skin.
REMODEL. Any change to the current body art establishment requiring either a building or trades permit for the work to proceed. REMODEL does not include changes to the front desk area, waiting area, painting, wallpapering, or carpeting, even if a permit is otherwise required. Adding a new workstation, plumbing changes, or expanding into an adjacent space to add workstations are examples of remodeling. REMODELING also means any changes to an establishment plan previously submitted to the Local Enforcement Agency.
SANITIZATION. Effective bactericidal and virucidal treatment of equipment and surfaces by a process that is effective in destroying pathogens and has been approved by the LEA. This is not the same as sterilization.
SHARPS. Any device having acute edges, or protuberances capable of cutting or piercing the skin, which has been used in the performance of body art, permanent cosmetics or body piercing, including but not limited to the following: tattoo needles, disposable piercing needles, disposable razors.
SHARPS CONTAINER. A puncture-resistant, leak-proof container that can be closed for handling, storage, transportation and disposal of “sharps” waste. The SHARPS CONTAINER shall be labeled with the international biohazard symbol as defined in the Medical Waste Management Act of the Cal. Health and Safety Code.
SINGLE USE. Products or items intended for one time use and are disposed of after use on each client. Examples of SINGLE USE items include cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, tattoo needles, scalpel blades, stencils, ink cups, and protective gloves.
STANDARD PRECAUTIONS. A set of guidelines and controls, published by the Center for Disease Control (CDC) as “guidelines for prevention of transmission of human immunodeficiency virus and hepatitis B virus to health-care and public safety workers. (1)” This method of infection control
requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HVB and other blood pathogens. Precautions include hand washing, using gloves, personal protective equipment, injury prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products.
STERILIZATION. A process resulting in the destruction of all forms of microbial life, including highly resistant bacterial spores.
TATOOING. Any method of placing ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This includes all forms of cosmetic tattooing, as defined in the Cal. Health and Safety Code.
TEMPORARY EVENT. Any place or premises operating at a fixed location where an operator performs body art procedures for no more than 21 days in conjunction with a single event or celebration.
(Ord. 907, § 1 (part), 2012)