Unless otherwise ordered or approved by the Department, each body art establishment shall be constructed, operated and maintained to meet the following minimum requirements:
(A) Physical facilities.
(1) Walls, floors, ceilings and procedure surfaces shall be smooth, durable, free of open holes or cracks, light-colored, washable, and in good repair. Walls, floors and ceilings shall be maintained in clean condition. All procedure surfaces, including client chairs and benches, shall be of such construction as to be easily cleaned and sanitized after each client.
(2) Solid partitions or walls extending from floor to ceiling shall separate the establishment’s space from any other room used for human habitation, any food establishment or room where food is prepared, any hair salon, any retail sales, or any other such activity that may cause potential contamination of work surfaces.
(3) The establishment shall take all measures necessary to ensure against the presence or breeding of insects, vermin and rodents within the establishment. Pest control records are to be available during normal business hours.
(4) Each operator area shall have a minimum of 45 square feet of floor space for each practitioner. Each establishment shall have an area that may be screened from public view for clients requesting privacy. Multiple body art stations shall be separated by a divider or partition, at a minimum.
(5) The establishment shall be well ventilated and provided with an artificial light source adequate for daily operations and sufficient lighting shall be provided at the level where the body art procedure is being performed, where instruments and sharps are assembled, and all cleaning areas.
(6) All electrical outlets in operator areas and cleaning shall be equipped with approved ground fault (GFCI) protected receptacles.
(7) A separate, readily accessible hand sink with hot and cold running water under pressure, equipped with wrist or foot operated controls and supplied with liquid soap, and disposable paper towels stored in fixed dispensers shall be readily accessible within the establishment. Each operator area shall have access to a hand sink.
(8) There shall be a sharps container in each operator area and each cleaning area.
(9) There shall be a minimum of one toilet room containing a toilet and sink. The toilet room shall be provided with toilet paper, liquid hand soap and paper towels stored in a fixed dispenser. A body art establishment permanently located within a retail shopping center, or similar setting housing multiple operations within one enclosed structure having shared entrance and exit points, shall not be required to provide a separate toilet room within such body art establishment if Department approved toilet facilities are located in the retail shopping center within 300 feet of the body art establishment so as to be readily accessible to any client or practitioner.
(10) The public water supply entering a body art establishment shall be protected by a testable, reduced pressure back flow prevention device installed in accordance with applicable plumbing codes.
(11) At least one covered, foot operated waste receptacle shall be provided in each operator area and each toilet room. Receptacles in the operator area shall be emptied daily, or as needed to prevent overflow. Solid waste shall be stored in covered, leak proof, rodent-resistant containers.
(12) A least one janitorial sink shall be provided in each body art establishment for use in cleaning the establishment and proper disposal of non contaminated liquid wastes in accordance with all applicable federal, state and local laws. Said sink shall be of adequate size and equipped with hot and cold running water under pressure.
(13) All instruments and supplies shall be stored in clean, dry, and covered containers. Containers shall be kept in a secure area specifically dedicated to the storage of all instruments and supplies.
(14) The establishment shall have an equipment cleaning area. Every cleaning area shall have an area for the placement of an autoclave or other sterilization unit located or positioned a minimum of 36 inches from the required ultrasonic cleaning unit.
(15) The establishment shall have a customer waiting area, exclusive and separate from any workstation, instrument storage area, cleaning area or any other area in the body art establishment used for body art activity.
(16) No animals of any kind shall be allowed in a body art establishment except service animals used by persons with disabilities (e.g., Seeing Eye dogs). Fish aquariums shall be allowed in waiting rooms and nonprocedural areas.
(17) Smoking, eating, or drinking shall be strongly discouraged in areas where body art is performed and shall not be routinely permitted, with the exception of nonalcoholic fluids and soda crackers being offered to a client during or after a body art procedure.
(18) There shall be adequate lighting available for all areas where any modification is occurring.
(19) The Department shall have the discretion to issue a permit to a body art establishment that is in operation at the time of the adoption of this chapter even if that establishment fails to meet all of the minimum requirements for physical facilities, so long as the establishment meets all this chapter’s requirements for sanitation and sterilization and the establishment’s physical facilities are otherwise configured and maintained in a manner consistent with the purpose of this chapter.
(B) Requirements for single use items including inks, dyes and pigments:
(1) Single-use items shall not be used on more than one client for any reason. After use, single-use sharps shall be immediately disposed of in approved sharps containers.
(2) All products applied to the skin, such as but not limited to body art stencils, applicators, and gauze and razors shall be single use and disposable.
(3) Hollow bore needles, solid core needles or needles with cannula shall not be reused.
(4) All inks, dyes, pigments, solid core needles, and equipment shall be specifically manufactured for performing body art procedures and shall be used according to manufacturer’s instructions.
(5) Inks, dyes or pigments may be mixed and may only be diluted with water from an approved potable source. Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper cups or plastic cups. Upon completion of the tattoo, these single-use cups or caps and their contents shall be discarded.
(6) Any tattooing products, such as dyes and needles, can only be sold to a licensed body art practitioner or establishment.
(C) Sanitation and sterilization measures and procedures.
(1) All nondisposable instruments used for body art, including all reusable solid core needles, pins, and stylets shall be cleaned thoroughly after use by scrubbing with an appropriate soap or disinfectant solution and hot water, (to remove blood and tissue residue), and shall be placed in an ultrasonic unit sold for cleaning purposes under approval of the U.S. Food and Drug Administration and operated in accordance with manufacturer’s instructions.
(2) After being cleaned, all nondisposable instruments used for body art shall be packed individually in sterilizer packs and subsequently sterilized in a steam autoclave sold for medical sterilization purposes under approval of the U.S. Food and Drug Administration. All sterilizer packs shall contain either a sterilizer indicator or internal temperature indicator. Sterilizer packs must be dated within an expiration date not to exceed six months.
(3) The autoclave shall be used, cleaned, and maintained according to manufacturer’s instructions. A copy of the manufacturer’s recommended procedures for the operation of the autoclave must be available for inspection by the Department. Autoclaves shall be located away from workstations or areas frequented by the public. Cleaning and log books are to be maintained and available for inspection.
(4) Each holder of a permit to operate a body art establishment shall demonstrate that the autoclave is capable of attaining sterilization by monthly spore destruction tests. These tests shall be verified through an independent laboratory. The permit shall not be issued or renewed until documentation of the autoclave’s ability to destroy spores is received by the Department. These test records shall be retained by the operator for a period of three years and made available to the Department upon request.
(5) All instruments used for body art procedures shall remain stored in sterile packages until just prior or the performance of a body art procedure. After sterilization, the instruments used in body art procedures shall be stored in a dry, clean cabinet or other tightly covered container reserved for the storage of such instruments and are to be stored no less than 6" off the floor.
(6) Sterile instruments may not be used if the package has been breached or after the expiration date without first repackaging and resterilizing those instruments.
(7) If the body art establishment uses only single-use, disposable instruments and products, and uses sterile supplies, an autoclave shall not be required.
(8) When assembling instruments used for body art procedures, the operator shall wear disposable medical gloves and use medically recognized sterile techniques to ensure that the instruments and gloves are not contaminated.
(9) Reusable cloth items shall be mechanically washed with detergent and mechanically dried after each use. The cloth items shall be stored in a dry, clean environment until used. Should such items become contaminated directly or indirectly with bodily fluids, the items shall be washed in accordance with standards applicable to hospitals and medical care facilities, at a temperature of 160° F with the use of chlorine disinfectant.
(D) Posting requirements. The following shall be prominently displayed:
(1) A disclosure statement, a model of which shall be available from the Department. A disclosure statement shall be given to each client, advising them of the risks and possible consequences of body art procedures.
(2) The name, address, and phone number of the Tippecanoe County Health Department.
(3) An emergency plan, including:
(a) A plan for the purpose of contacting the police, fire or emergency medical services in the event of an emergency.
(b) A telephone in good working order shall be easily available and accessible to all employees and clients during all hours of operation; and
(c) A sign at or adjacent to the telephone indicating the correct emergency telephone numbers.
(4) An occupancy and use permit as issued by the local building official.
(5) A current establishment permit.
(6) Each practitioner’s permit.
(7) It is the responsibility of the operator of the body art establishment to be in possession of most recent Department Ordinance applicable to the establishment.
(E) Establishment recordkeeping. The establishment shall maintain the following records in a secure place for a minimum of three years, and such records shall be made available to the Department upon request:
(1) Establishment information, which shall include:
(a) Establishment name;
(b) Hours of operation;
(c) Owner’s name and address;
(d) A complete description of all body art procedures performed;
(e) An inventory of all instruments and body jewelry, all sharps, and all ink used for any and all body art procedures, including name of manufacturers and serial or lot number, if applicable. Invoices or packing slips shall satisfy this requirement;
(f) Copies of waste hauler manifests;
(g) Copies of commercial biological monitoring tests;
(h) Exposure or injury incident report (kept permanently);
(i) A copy of this chapter, as it may be updated;
(j) Material Safety Data Sheet (MSDS) for all materials.
(2) Employee information, which shall include:
(a) Full legal names and exact duties;
(b) Date of birth;
(c) Home address;
(d) Home/work phone numbers;
(e) Identification photograph;
(f) Dates of employment;
(g) Hepatitis B vaccination status of declination notification; and
(h) Training records.
(3) Client information shall be kept confidential at all times and shall include the following:
(a) Name, address, and telephone number of the client;
(b) Age and valid photo identification of the client;
(c) Address of the procedure;
(d) Date of the procedure;
(e) Name of the practitioner who performed the procedure(s);
(f) Description of procedure(s) performed and the location on the body;
(g) A signed consent form;
(h) If the client is a person under the age of 18, proof of parental or guardian identification, presence and consent including a copy of the photographic identification of the parent or guardian.
(4) Exposure control plan. Each establishment shall create, update, and comply with an exposure control plan. The plan shall be submitted to the Department for review so as to meet all of the requirements of OSHA regulations, to include, but not be limited to, 29 Code of Federal Regulation 1910.1030 OSHA Bloodborne Pathogens Standards, et seq., as amended from time to time. A copy of the plan shall be maintained at the body art establishment at all times and shall be made available to the Department upon request.
(F) No person shall establish or operate a mobile or temporary body art establishment.
(G) Mobile, temporary, and/or commercial operations of body art establishments are prohibited in private homes and unlicensed facilities are forbidden to operate and are subject to all applicable fines and legal proceedings.
(H) The establishment shall require that all body art practitioners have either completed or were offered and declined, in writing, the hepatitis B vaccination series. Records documenting compliance with this requirement shall be provided to the Department upon request.
(Ord. 2015-13-CM, passed 6-15-15)