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§ 135.15 WORK ENVIRONMENT.
   (A)   No tattooing shall be conducted in any room used as living quarters or in any room that opens directly into living or sleeping quarters.
   (B)   Live animals shall be excluded from areas where tattooing is being conducted. This exclusion does not apply to the following:
      (1)   Patrol dogs accompanying security or police officers.
      (2)   Guide dogs accompanying the following:
         (a)   Blind persons.
         (b)   Partially blind persons.
         (c)   Physically disabled persons.
         (d)   Guide dog trainers.
         (e)   Persons with impaired hearing.
   (C)   Eating, drinking, smoking, or applying cosmetics shall not be allowed in work areas where there is a likelihood of exposure to blood or OPIM.
   (D)   Food and drink shall not be kept in areas where there is a reasonably anticipated risk of exposure to blood or OPIM.
   (E)   All equipment and environmental surfaces shall be cleaned and decontaminated after contact with blood or OPIM.
   (F)   Environmental surfaces and equipment not requiring sterilization that have been contaminated by blood shall be cleaned and decontaminated.
   (G)   All work surfaces shall be nonabsorbent, easily cleanable, smooth, and free of breaks, open seams, cracks, chips, pits, and similar imperfections.
   (H)   Disinfectant solutions shall be:
      (1)   A hospital grade, tuberculocidal Environmental Protection Agency (EPA) registered disinfectant; or
      (2)   Sodium hypochlorite, 0.5% concentration, by volume (common household bleach is 10% concentration in water); the solution shall be dated and shall not be used if it is more than 24 hours old.
(BC Ord. 1998-3, passed 4-27-98)
§ 135.16 INFECTIOUS WASTE CONTAINMENT.
   (A)   Contaminated disposable needles or instruments shall be:
      (1)   Stored in leak-resistant, puncture- resistant containers, tightly sealed to prevent expulsion, labeled with the biohazard symbol, and effectively treated in accordance with this chapter prior to being stored in an unsecured area and sent for final disposal.
   (B)   Infectious wastes that are contaminated sharps or objects that could potentially become contaminated sharps shall be placed in containers that meet the following requirements:
      (1)   Impervious to moisture.
      (2)   Sufficient strength and thickness to prevent expulsion.
      (3)   Secured to prevent leakage expulsion.
      (4)   Labeled with the biohazard symbol.
      (5)   Effectively treated in accordance with this chapter prior to being placed in an unsecured area and sent for final disposal.
   (C)   If infectious waste is stored prior to final disposal, all persons subject to this chapter shall store infectious waste in a secure area that:
      (1)   Is locked or otherwise secured to eliminate access by or exposure to the general public;
      (2)   Affords protection from adverse environmental conditions and vermin; and
      (3)   Has a prominently displayed biohazard symbol.
   (D)   Infectious waste shall be stored in a manner that preserves the integrity of the container, and is not conducive to rapid microbial growth and putrefaction.
   (E)   Disinfect reusable containers for infectious waste each time that they are emptied unless the surfaces of the reusable containers have been protected from contamination by disposable liners, bags, or other devices that are removed with the infectious waste.
(BC Ord. 1998-3, passed 4-27-98)
§ 135.17 TREATMENT AND TRANSPORT OF INFECTIOUS WASTE.
   (A)   All tattoo operators shall ensure that infectious waste is either treated on-site in accordance with this chapter or transported off-site for treatment in accordance with this chapter.
   (B)   A treatment is effective if it reduces the pathogenic qualities of infectious waste for safe handling, is designed for the specific waste involved, and is carried out in a manner consistent with this chapter. Effective treatment may include:
      (1)   Incineration in an incinerator designed to accommodate infectious waste;
      (2)   Steam sterilization;
      (3)   Chemical disinfection under circumstances where safe handling of the waste is assured;
      (4)   Thermal inactivation;
      (5)   Irradiation; or
      (6)   Discharge in a sanitary sewer or septic system that is properly installed and operating in accordance with state and local laws.
   (C)   All persons subject to this chapter shall:
      (1)   Transport infectious waste in a manner that reasonably protects waste haulers and the public from contracting a dangerous communicable disease; and
      (2)   Effectively treat infectious waste in accordance with this chapter before it is compacted.
   (D)   The tattoo operator shall ensure that infectious waste, effectively treated or not, is transported off-site in compliance with 410 IAC 103.
(BC Ord. 1998-3, passed 4-27-98)
§ 135.18 PERMITS.
   (A)   Business. Each tattoo parlor operation shall obtain a permit from the County Health Department. The permit shall provide the name and address of the owner of the business and the name and address of each and every tattoo artist located at each location. The cost for this permit shall be as described in § 41.02 of the Warrick County Code of Ordinances. The permit expires on December 31 of each year. Any holder of a permit shall be subject to inspection as set forth herein. The County Health Department shall provide the appropriate forms for this permit. The permit shall be posted at the tattoo parlor in the place where the tattoos are performed and shall be clearly visible to the public.
   (B)   Tattoo artist. Every person that desires to perform any tattoo shall obtain a "Tattoo Artist Permit" from the County Health Department. This permit must be obtained before any tattoos are affixed to any person and after the requisite training. The applicant must satisfy the minimum requirements as set forth herein in § 135.06. The cost of the permit shall be as described in § 41.02 of the Warrick County Code of Ordinances, and shall not be transferable. The permit expires on December 31 of each year. Any holder of a permit shall be subject to inspection as set forth herein. The County Health Department shall provide the appropriate forms for this permit. The permits shall be posted at the tattoo parlor in the place where the tattoos are performed and clearly visible to the public.
(BC Ord. 1998-3, passed 4-27-98; Am. BC Ord. 2013-25, passed 10- 15-13; Am. BC Ord. 2024-11, passed 8-26-24)
§ 135.19 INSPECTIONS.
      The County Health Department shall conduct inspections of each and every tattoo parlor located in Warrick County, Indiana. The Health Department shall conduct a minimum of three inspections per year. Additional inspections may be conducted by the Health Department as they determine and/or in response to complaints submitted. The results of the inspections shall be provided to each operator. Violations noted by the Health Department shall be corrected immediately. The Department shall conduct follow up inspections to determine compliance with this chapter.
(BC Ord. 1998-3, passed 4-27-98)
§ 135.20 REVOCATION OF PERMIT.
   The Health Officer may suspend or revoke the permit of any tattoo artist or operator for any period of time for any violation of this chapter, state or federal regulations concerning blood borne pathogens, tattoos or work place regulations (OSHA). The operator or artist may have the permit reinstated upon compliance with this chapter, state or federal regulations concerning blood borne pathogens, tattoos or work place regulations (OSHA) and to the satisfaction of the Health Officer. Appeals of orders of revocation shall be conducted pursuant to IC 4-21.5-3-1 et seq. The Board of Health shall conduct administrative hearings concerning the suspension or revocation of any permit issued herein as set forth in IC 4-21.5-3 et seq.
(BC Ord. 1998-3, passed 4-27-98)
§ 135.99 PENALTY.
   (A)   If a tattoo artist or operator shall fail to obtain a permit prior to the conduct of their business or at any time after one has been issued, but has expired, the tattoo artist and/or operator may be subject to a fine of not more than $2,500. Each day the tattoo artist and/or operator shall be in violation of this chapter shall constitute a separate offense.
   (B)   The Health Officer may bring an action in the Circuit or Superior Court to enforce this chapter. The Health Officer shall be entitled to recover all costs and expenses associated with any action for enforcement of this chapter including reasonable attorney fees.
(BC Ord. 1998-3, passed 4-27-98)