| 1.0 |
PURPOSE |
back to top | |
| |
It is the purpose of these regulations to regulate Body Art Facilities,
tattooing, permanent cosmetics, body piercing, scarification, and
branding in a manner that will protect the public health, safety
and welfare; prevent the spread of disease; and prevent the creation
of a nuisance within Tooele County. |
| 2.0 |
DEFINITIONS |
back to top | |
| |
The following terms used in these regulations shall be defined
as follows: |
| |
2.1 |
"AFTERCARE" means written instructions given to the client,
specific to the body art procedure(s) rendered, about caring for
the body art and surrounding area. These instructions will include
information about when to seek medical treatment, if necessary. |
| |
2.2 |
"ANTISEPTIC" means an agent that destroys or inhibits disease-causing
micro-organisms on human skin or mucosa. |
| |
2.3 |
"BODY ART" means the practice of physical body adornment by
permitted establishments, operators using, but not limited to, the
following techniques: body piercing, tattooing, cosmetic tattooing,
branding, and scarification. This definition does not include practices
that are considered medical procedures by a state medical board,
such as implants under the skin, which shall not be performed in
a body art establishment. Nor does this definition, include for
the purposes of this regulation, piercing of the outer perimeter
or lobe of the ear with pre sterilized single-use stud-and-clasp
ear-piercing systems. |
| |
2.4 |
"BODY ART ESTABLISHMENT" means 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. |
| |
2.5 |
"BODY PIERCING" means puncturing or penetration of the skin
of a person with pre sterilized single-use needles and the insertion
of the pre sterilized jewelry or other adornment thereto in the
opening, except that puncturing the outer perimeter or lobe of the
ear with a pre sterilized single-use stud-and-clasp ear-piercing
system shall not be included in this definition. |
| |
2.6 |
"BRANDING" means burning the skin with a heated metal wire,
iron, rod or stencil with the intent of producing a permanent scar
or mark. |
| |
2.7 |
"CONTAMINATED WASTE" means any liquid or semi-liquid blood or
other potentially infectious materials; contaminated items that
would release blood or other potentially infectious materials in
a liquid or sem-liquid state if compressed; items that are caked
with dried blood or other potentially infectious materials and are
capable of releasing these materials during handling; sharps and
any wastes containing blood and other potentially infectious materials,
as defined in 29 Code of Federal Regulations Part 1910.1030 (latest
edition), known as "Occupational Exposure to Bloodborne Pathogens."
|
back to top | |
| |
2.8 |
"COSMETIC TATTOOING" means any method of placing ink or other
pigment into or under the skin or mucosa by the aid of needles or
any other instrument used to puncture the skin, resulting in permanent
coloration of the skin or mucosa. This term includes all forms of
cosmetic tattooing. |
| |
2.9 |
"DEPARTMENT" means the Tooele County Health Department (TCHD),
or its authorized representatives, having jurisdiction to promulgate,
monitor, administer and enforce these regulations. |
| |
2.10 |
"DIRECTOR" means the Director of TCHD or their authorized representative. |
| |
2.11 |
"DISINFECTION" means the destruction of disease-causing micro-organisms
on inanimate objects or surfaces, thereby rendering these objects
safe for use or handling. |
| |
2.12 |
"EAR PIERCING" means the puncturing of the outer perimeter
or lobe of the ear with a pre sterilized single-use stud-and-clasp
ear-piercing system following manufacture's instructions. Under
no circumstances shall ear piercing studs and clasps be used anywhere
on the body other than the outer perimeter and lobe of the ear. |
| |
2.13 |
"EQUIPMENT" means all machinery, including fixtures, containers,
vessels, tools, devices, implements, furniture, display and storage
areas, sinks, and all other apparatus and appurtenances used in
connection with the operation of a body art establishment. |
| |
2.14 |
"HAND SINK" means a lavatory equipped with hot and cold running
water under pressure, used solely for washing hands, arms, or other
portions of the body. |
| |
2.15 |
"HOT WATER" means water that attains and maintains a temperature
of at least 100°F. |
| |
2.16 |
"INSTRUMENTS USED FOR BODY ART" means hand pieces, needles,
needle bars, and other instruments that may come in contact with
a client's body or may be exposed to bodily fluids during body art
procedures. |
| |
2.17 |
"INVASIVE" means entry into the body either by incision or
insertion of an instrument into or through the skin or mucosa, or
by any other means intended to puncture, break or compromise the
skin or mucosa. |
| |
2.18 |
"JEWELRY" means any personal ornament inserted into a newly
pierced area, which must be made of surgical implant-grade stainless
steel; solid 14k or 18k white or yellow gold, niobium, titanium,
or platinum; or a dense, low-porosity plastic, which is free of
nicks, scratches, or irregular surfaces and has been properly sterilized
prior to use. |
| |
2.19 |
"LIQUID CHEMICAL GERMICIDE" means a disinfectant or sanitizer
registered with the U.S. Environmental Protection Agency or an approximate
1:100 dilution of household chlorine bleach made fresh daily and
dispensed from a spray bottle (500-ppm, 1/4 cup per gallon or two
tablespoons per quart of tap water). |
| |
2.20 |
"MOBILE BODY ART ESTABLISHMENT/UNIT" means a mobile establishment
or unit which is self-propelled or otherwise movable from place
to place and is self-sufficient for utilities such as gas, water
and electricity which operates at a fixed location where a permitted
operator performs body art procedures for less than 14 days in conjunction
with a single event or celebration. |
| |
2.21 |
"OPERATOR/TECHNICIAN" means any person who controls, operates,
manages, conducts, or practices body art activities at a body art
establishment and who is responsible for compliance with these regulations,
whether actually performing body art activities or not. The term
includes technicians who work under the operator and perform body
art activities. |
| |
2.22 |
"PERMIT" means written approval by the TCHD to operate a body
art establishment. Approval is given in accordance with these regulations
and is separate from any other licensing requirement that may exist
within communities or political subdivisions comprising the jurisdiction. |
| |
2.23 |
"PERSON" means an individual, any form of business or social
organization or any other non governmental legal entity, including
but not limited to corporations, partnerships, limited-liability
companies, associations, trusts or unincorporated organizations. |
| |
2.24 |
"PROCEDURE SURFACE" means any surface of an inanimate object
that contacts the client's unclothed body during a body art procedure,
skin preparation of the area adjacent to and including the body
art procedure, or any associated work area which may require sanitizing. |
| |
2.25 |
"SANITIZATION PROCEDURE" means a process of reducing the numbers
of micro-organisms on cleaned surfaces and equipment to a safe level
as judged by public health standards and which has been approved
by the Department. |
| |
2.26 |
"SCARIFICATION" means cutting the skin with a sharp instrument
with the intent of producing a permanent scar or mark. |
| |
2.27 |
"SHARPS" means any objects (sterile or contaminated) that
may purposefully or accidentally cut or penetrate the skin or mucosa,
including, but not limited to, pre sterilized, single-use needles;
scalpel blades; and razor blades. |
| |
2.28 |
"SHARPS CONTAINER" means a puncture-resistant, leak-proof
container that can be closed for handling, storage, transportation,
and disposal and that is labeled with the International Biohazard
Symbol. |
| |
2.29 |
"SINGLE USE" means products or items that are intended for
one-time, one-person use and are disposed of after use on each client,
including, but not limited to, cotton swabs or balls, tissues or
paper products, paper or plastic cups, gauze and sanitary coverings,
razors, piercing needles, scalpel blades, stencils, ink cups, and
protective gloves. |
| |
2.30 |
"STERILIZATION" means the destruction of all living organisms
including spores. |
| |
2.31 |
"TATTOOING" means any method of placing ink or other pigment
into or under the skin or mucosa by the aid of needles or any other
instrument used to puncture the skin, resulting in permanent coloration
of the skin or mucosa. This term includes all forms of cosmetic
tattooing. |
back to top | |
| |
2.32 |
"UNIVERSAL PRECAUTIONS" means a set of guidelines and controls,
published by the Centers for Disease Control and Prevention (CDC),
as "Guidelines for Prevention of Transmission of Human Immunodeficiency
Virus and Hepatitis B Virus to Health-Care and Public-Safety Workers"
in Morbidity and Mortality Weekly Report (MMWR), June 23, 1989,
Vol.38, No. S-6, and as "Recommendations for Preventing Transmission
of Human Immunodeficiency Virus and Hepatitis B Virus to Patients
During Exposure-Prone Invasive Procedures," in MMWR, July 12, 1991,
Vol.40, No. RR-8. 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, HBV and other blood pathogens.
Precautions include hand-washing, gloving; personal protective equipment;
injury prevention; and proper handling and disposal of needles,
other sharp instruments, and blood- and body fluid-contaminated
products. |
back to top | |
| 3.0 |
3.0 BODY ART OPERATOR/TECHNICIAN REQUIREMENTS
AND PROFESSIONAL STANDARDS |
back to top | |
| |
3.1 |
The following information shall be kept on file on the premises
of a body art establishment and available for inspection by the
Department: |
| |
|
a. |
employee information |
| |
|
|
1. |
full names and exact duties; |
| |
|
|
2. |
date of birth; |
| |
|
|
3. |
sex; |
| |
|
|
4. |
home address; |
| |
|
|
5. |
home/work phone numbers; |
| |
|
|
6. |
identification photos of all body art operator/technicians. |
| |
|
b. |
establishment information |
| |
|
|
1. |
establishment name; |
| |
|
|
2. |
hours of operation; |
| |
|
|
3. |
owner's name and address. |
| |
|
c. |
a complete description of all body art procedures performed. |
| |
|
d. |
an inventory of all instruments and body jewelry, all sharps,
and all inks used for any and all body art procedures, including
names of manufacturers and serial or lot numbers, if applicable.
Invoices or orders shall satisfy this requirement. |
| |
|
e. |
a copy of these regulations. |
back to top | |
| |
3.2 |
It shall be unlawful for any person to perform body art procedures
unless such procedures are performed in a body art establishment
with a current permit. |
| |
3.3 |
The body art operator/technician must be a minimum of 18 years
of age. |
| |
3.4 |
Smoking, eating or drinking is prohibited in the area where
body art is performed. |
| |
3.5 |
Operators/technicians shall refuse service to any person who,
in the opinion of the operator/technician, is under the influence
of alcohol or drugs. |
| |
3.6 |
"The operator/technician shall maintain a high degree of personal
cleanliness, conform to hygienic practices, and wear clean clothes
when performing body art procedures. Before performing body art
procedures, the operator/technician must thoroughly wash their hands
in hot running water with liquid soap, then rinse hands and dry
with disposable paper towels. This shall be done as often as necessary
to remove contaminants. |
| |
3.7 |
In performing body art procedures, the operator shall wear
disposable medical gloves. Gloves must be changed if they become
contaminated by contact with any non clean surfaces or objects or
by contact with a third person. The gloves shall be discarded, at
a minimum, after the completion of each procedure on an individual
client, and hands shall be washed before the next set of gloves
is donned. Under no circumstances shall a single pair of gloves
be used on more than one person. The use of disposable medical gloves
does not preclude or substitute for hand washing procedures as part
of a good personnel hygiene program. |
| |
3.8 |
If, while performing a body art procedure, the operator’s/technician’s
glove is pierced, torn, or otherwise contaminated, the procedure
delineated in Section 3.7 shall be repeated immediately. The contaminated
gloves shall be immediately discarded, and the hands washed thoroughly
(see 3.7 above) before a fresh pair of gloves is applied. Any item
or instrument used for body art that is contaminated during the
procedure shall be discarded and replaced immediately with a new
disposable item or a new sterilized instrument or item before the
procedure resumes. |
| |
3.9 |
Contaminated waste, as defined in this regulation, that may
release liquid or body fluids when compressed or may release dried
blood or body fluids when handled must be placed in an approved
"red" bag marked with the International Biohazard Symbol. Sharps
ready for disposal shall be disposed of in approved sharps containers.
Contaminated waste that does not release liquid blood or body fluids
when compressed or does not release dried blood or body fluids when
handled may be placed in a covered receptacle and disposed of through
normal, approved disposal methods. Storage of contaminated waste
on site shall not exceed 30 days, as specified in 29 CFR Part 1910.1030. |
| |
3.10 |
No person shall perform any body art procedure upon a person
under the age of 18 years without the presence, consent, and proper
identification of a parent, legal custodial parent, or legal guardian.
Nothing in this section is intended to require an operator to perform
any body art procedure on a person less than 18 years of age with
parental or guardian consent. |
back to top | |
| |
3.11 |
Any skin or mucosa surface to receive a body art procedure
shall be free of rash or any visible infection. |
| |
3.12 |
The skin of the operator/technician shall be free of rash
or infection. No person or operator affected with boils, infected
wounds, open sores, abrasions, keloids, weeping, dermatological
lesions or acute respiratory infection shall work in any area of
a body art establishment in any capacity in which there is a likelihood
that that person could contaminate the body art equipment, supplies,
or working surfaces with body substances or pathogenic organisms. |
| |
3.13 |
Proof shall be provided upon request of the Department that
all operators/technicians have either completed or were offered
and declined, in writing, the hepatitis B vaccination series. This
offering shall be included as a pre-employment requirement. |
| 4.0 |
EXEMPTIONS |
back to top | |
| |
4.1 |
Physicians licensed by the State of Utah, who perform either
independent of or in connection with body art procedures as part
of patient treatment are exempt from these regulations. |
| |
4.2 |
Individuals who pierce only the outer perimeter and lobe of
the ear with a pre sterilized single-use stud-and-clasp ear-piercing
system are exempt from these regulations. Individuals who use ear-piercing
systems must conform to the manufacturer’s directions on use and
applicable U.S. Food and Drug Administration requirements. The Department
retains authority to investigate consumer complaints relating to
alleged misuse or improper disinfection of ear piercing systems. |
| 5.0 |
PUBLIC NOTIFICATION REQUIREMENTS |
back to top | |
| |
5.1 |
Verbal and written public educational information, approved
by the Department, shall be required to be given to all clients
wanting to receive body art procedure(s). Verbal and written instructions,
approved by the Department, for the aftercare of the body art procedure
site shall be provided to each client by the operator upon completion
of the procedure. The written instructions shall advise the client
to consult a physician at the first sign of abnormal infection or
swelling and shall contain the name, address, and phone number of
the establishment. These documents shall be signed and dated by
both parties, with a copy given to the client and the operator retaining
the original with all other required records. In addition, all establishments
shall prominently display a Disclosure Statement, provided by the
Department, which advises the public of the risks and possible consequences
of body art services. The facility permit holder shall also post
in public view the name, address and phone number of the TCHD and
the procedure for filing a complaint. The Disclosure Statement and
the Notice for Filing a Complaint shall be included in the establishment
Permit Application Packet. |
| |
5.2 |
All abnormal infections and complications, or diseases resulting
from any body art procedure that becomes known to the operator shall
be reported to the Department by the operator within 24 hours. |
| 6.0 |
CLIENT RECORDS |
back to top | |
| |
So that the operator/technician can properly evaluate the client's
medical condition for receiving a body art procedure and not violate
the client's rights or confidential medical information, the operator
or technician shall ask for the information as follows: |
| |
6.1 |
In order for proper healing of your body art procedure, we
ask that you disclose if you have or have had any of the following
conditions: |
| |
|
a. |
diabetes; |
| |
|
b. |
history of hemophilia (bleeding); |
| |
|
c. |
history of skin diseases, skin lesions, or skin sensitivities
to soaps, disinfectants, etc.; |
| |
|
d. |
history of allergies or adverse reactions to pigments, dyes,
or other skin sensitivities; |
| |
|
e. |
history of epilepsy, seizures, fainting, or narcolepsy; |
| |
|
f. |
use of medications such as anticoagulants, which thin the blood
and/or interfere with blood clotting; |
| |
|
g. |
pregnant. |
| |
6.2 |
The operator/technician should ask the client to sign a Release
Form confirming that the above information was obtained or that
the operator/technician attempted to be obtained. The client should
be asked to disclose any other information that would aide the operator/technician
in evaluating the client's body art healing process. |
| |
6.3 |
Each operator shall keep records of all body art procedures
administered, including date, identification and location of the
body art procedure(s) performed, and operators' name. All client
records shall be confidential and be retained for a minimum of three
(3) years and made available to the Department upon notification. |
| |
6.4 |
Nothing in this section shall be construed to require the operator
to perform a body art procedure upon a client. |
| 7.0 |
RECORDS RETENTION |
back to top |
|
| |
7.1 |
The body art establishment shall keep a record of all persons
who have had a body art procedures performed. The record shall include
the name, date of birth, and address of the client, the date of
the procedure, the name of the operator who performed the procedure(s),
type and location of procedure performed, and signature of client,
and, if the client is a minor, proof of parental or guardian presence
and consent, i.e., signature. Such records shall be retained for
a minimum of three (3) years and shall be available to the Department
upon request. The Department and the body art establishment shall
keep such records confidential. |
| 8.0 |
|
| |
8.1 |
Before a body art procedure is performed, the immediate skin
area and the areas of skin surrounding where the body art procedure
is to be placed shall be washed with soap and water or an approved
surgical skin preparation, depending on the type of the body art
to be performed. If shaving is necessary, single-use disposable
razors or safety razors with single-service blades shall be used.
Blades shall be discarded after each use, and reusable holders shall
be autoclaved after use. Following shaving, the skin and surrounding
area shall be washed with soap and water. The washing pad shall
be discarded after a single use. |
| |
8.2 |
In the event of blood flow, all products used to check the
flow of blood or to absorb blood shall be single use and disposed of immediately after use
in appropriate covered containers, unless the disposal products meet the definition
of biomedical waste (see definition). |
| 9.0 |
SANITATION AND STERILIZATION PROCEDURES |
back to top | |
| |
9.1 |
All non-single-use, nondisposable instruments used for body
art shall be cleaned thoroughly after each use by scrubbing with
an appropriate soap or disinfectant solution and hot water or by
following the manufacturer's instructions, to remove blood and tissue
residue, and shall be placed in an ultrasonic unit also operated
in accordance with manufacturers' instructions. |
| |
9.2 |
After being cleaned, all nondisposable instruments used for
body art shall be packed individually in peel-packs and subsequently
sterilized (see 9.3). All peel-packs shall contain either a sterilizer
indicator or internal temperature indicator. Peel-packs must be
dated with an expiration date not to exceed six months. |
| |
9.3 |
All cleaned, nondisposable instruments used for body art shall
be sterilized in a steam autoclave or dry-heat sterilizer (if approved
by the Department). The sterilizer shall be used, cleaned, and maintained
according to manufacturers' instructions. A copy of the manufacturer's
recommended procedures for the operation of the sterilization unit
must be available for inspection by the Department. Sterile equipment
may not be used if the package has been breached or after the expiration
date without first repackaging and re sterilizing. Sterilizers shall
be located away from work stations or areas frequented by the public.
If the body art establishment uses only single-use, disposable instruments
and products, and uses sterile supplies, an autoclave shall not
be required. |
| |
9.4 |
Each person performing body art shall demonstrate that the
sterilizer used is capable of attaining sterilization by quarterly
(once every three months) spore destruction tests. These tests shall
be verified through an independent laboratory. The permit shall
not be issued or renewed until documentation of the sterilizer's
ability to destroy spores is received by the Department. These test
records shall be retained by the operator for a period of three
(3) years and made available to the Department upon request. |
| |
9.5 |
All reusable needles used in tattooing and cosmetic tattooing
shall be cleaned and sterilized prior to use and stored in peel-packs.
After sterilization, the instruments used for tattooing/body piercing
shall be stored in a dry, clean cabinet or other tightly covered
container reserved for the storage of such instruments. |
back to top | |
| |
9.6 |
All instruments used for tattooing/body piercing shall remain
stored in sterile packages until just prior to the performance of a body art procedure.
When assembling instruments used for body art procedures, the operator
shall wear disposable medical gloves and use medically recognized techniques
to ensure that the instruments and gloves are not contaminated. |
| |
9.7 |
All inks, dyes, pigments, needles and equipment shall be specifically
manufactured for performing body art procedures and shall be used
according to manufacturers' instructions. The mixing of approved
inks, dyes or pigments or their dilution with potable water is acceptable.
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-cups or caps and their contents shall be discarded. |
| 10.0 |
REQUIREMENTS FOR SINGLE USE ITEMS |
back to top | |
| |
10.1 |
Single-use items shall not be used on more than one client
for any reason. After use, all single-use needles, razors, and other
sharps shall be immediately disposed of in approved sharps containers. |
| |
10.2 |
All products applied to the skin, including body art stencils,
shall be single use and disposable. If the Department approves,
acetate stencils shall be allowed for reuse if sanitization procedures
(see definition in 2.25) are performed between uses. Petroleum jellies,
soaps and other products used in the application of stencils shall
be dispensed and applied on the area to be tattooed with sterile
gauze or in a manner to prevent contamination of the original container and its contents.
The gauze shall be used only once and then discarded. |
| 11.0 |
REQUIREMENTS FOR PREMISES |
back to top | |
| |
11.1 |
Body art establishments applying after adoption of this regulation
shall submit a scale drawing and floor plan of the proposed establishment
for a plan review by the Department, as part of the permit application
process. All persons applying for a Body Art Establishment Permit
shall pay a plan review fee as established by the Tooele County
Board of Health. |
| |
11.2 |
All walls, floors, ceilings, and procedure surfaces of a body
art establishment shall be smooth, free of open holes or cracks,
light-colored, washable, and in good repair. Walls, floors, and
ceilings shall be maintained in a clean condition. All procedure
surfaces, including client chairs/benches, shall be of such construction
as to be easily cleaned and sanitized after each client. All body
art establishments shall be completely separated by solid partitions
or by walls extending from floor to ceiling, from any 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. |
| |
11.3 |
Effective measures shall be taken by the body art operator
to protect against entrance into the establishment and against the
breeding or presence on the premises of insects, vermin, and rodents.
Insects, vermin and rodents shall not be present in any part of
the establishment, its appurtenances, or appertaining premises. |
| |
11.4 |
There shall be a minimum of 45 square feet of floor space
for each operator in the establishment. 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 dividers,
curtains, or partitions, at a minimum. |
| |
11.5 |
The establishment shall be well-ventilated and provided with
an artificial light source equivalent to at least 20 foot candles
3 feet off the floor, except that at least 100 foot candles shall
be provided at the level where the body art procedure is being performed,
and where instruments and sharps are assembled. |
| |
11.6 |
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. |
| |
11.7 |
A separate, readily accessible hand-sink with hot and cold
running water, under pressure, preferably equipped with wrist- or
foot-operated controls and suppled with liquid soap, and disposable
paper towels shall be readily accessible within the body art establishment.
One hand-sink shall serve no more than three operators. In addition,
there shall be a minimum of one lavatory, excluding any service
sinks, and one toilet in a body art establishment. |
| |
11.8 |
At least one covered waste receptacle shall be provided in
each operator area and each toilet room. Receptacles in the operator
area shall be emptied daily, and solid waste shall be removed from
the premises at least weekly. All refuse containers shall be lidded,
cleanable, and kept clean. |
| |
11.9 |
All instruments and supplies shall be stored in clean, dry
and covered containers. |
| |
11.10 |
Reusable cloth items shall be mechanically washed with detergent
and dried after each use. The cloth items shall be stored in a dry,
clean environment until used. |
| 12.0 |
PERMIT REQUIREMENTS |
back to top | |
| |
Establishment Permit |
| |
12.1 |
No person, firm, partnership, joint venture, association,
business trust, corporation or organized group of persons may operate
a body art establishment except with a body art establishment permit
from the Department. |
| |
12.2 |
Any person operating a body art establishment shall obtain
an annual permit from the Department. |
| |
12.3 |
The applicant shall pay a reasonable fee as set by the Tooele
County Board of Health for each body art establishment permit. |
| |
12.4 |
A permit for a body art establishment shall not be transferable
from one place or person to another. |
| |
12.5 |
A current body art establishment permit shall be posted in
a prominent and conspicuous area where it may be readily observed
by clients. |
| |
12.6 |
The holder of a body art establishment permit must only hire
operators who have complied with the operator permit requirements
of this regulation. |
| |
Operator Permit |
back to top | |
| |
12.7 |
No person shall practice body art procedures without first
obtaining an operator permit from the Department. The Tooele County
Board of health shall set a reasonable fee for such permits. |
| |
12.8 |
The operator permit shall be valid from the date of issuance
and shall automatically expire in two years from the date of issuance
unless revoked sooner by the Department in accordance with Section
17. |
| |
12.9 |
Application for an operator permit shall include: |
| |
|
a. |
name; |
| |
|
b. |
date of birth; |
| |
|
c. |
sex; |
| |
|
d. |
residence address; |
| |
|
e. |
mailing address; |
| |
|
f. |
phone number; |
| |
|
g |
places(s) of employment as an operator; |
| |
|
h. |
training and/or experience |
| |
|
i. |
proof of attendance at a bloodborne pathogen training program
(or
equivalent), given or approved by the Department. |
| |
12.10 |
Applicant shall demonstrate knowledge of the following subjects: |
| |
|
a. |
anatomy; |
| |
|
b. |
skin diseases, disorders and conditions (including diabetes); |
| |
|
c. |
infectious disease control, including waste disposal, hand washing techniques, sterilization equipment operation and methods, and sanitization/disinfection/sterilization
methods and techniques. |
back to top | |
| |
12.11 |
No operator permit shall be issued unless, following reasonable
investigation by the Department, the body art operator has demonstrated
compliance with the provisions of this section and all other provisions
of this regulation. |
| |
12.12 |
All operator permits shall be conditioned upon continued
compliance with the provisions of this section as well as all applicable
provisions of this regulation. |
| |
12.13 |
All operator permits shall be posted in a prominent and conspicuous
area where they may be readily observed by clients. |
| 13.0 |
MOBILE BODY ART ESTABLISHMENTS |
back to top | |
| |
In addition to complying with all of the requirements of this regulation,
mobile body art vehicles and operators/technicians working from
a mobile body art establishment shall also comply with all of the
following requirements: |
| |
13.1 |
Mobile body art establishments are permitted for use only
at special events, lasting 14 calendar days or less. Permits must
be obtained at least 14 days prior to the event, and no body art
procedures are to be performed before a permit is issued. Permit
holders are responsible for ensuring that all other local agency
regulations are complied with, such as, but not limited to, zoning
and business license requirements. |
| |
13.2 |
Body art performed pursuant to this section shall be done
only from an enclosed vehicle, such as a trailer or mobile home.
No body art procedures shall be performed outside of the enclosed
vehicle. |
| |
13.3 |
The mobile body art establishment shall be maintained in a
clean and sanitary condition at all times. Doors shall be self-closing
and tightfitting. Open able windows shall have tightfitting screens. |
| |
13.4 |
Mobile body art establishments must have approved sterilization
equipment available, in accordance with all requirements of Section
9, Sanitation and Sterilization Procedures. |
| |
13.5 |
The mobile body art establishment shall be used only for the
purpose of performing body art procedures. No habitation or food
preparation is permitted inside the vehicle unless the body art
work station is separated by walls, floor to ceiling, from culinary
or domicile areas. |
| |
13.6 |
The mobile body art establishment shall be equipped with an
equipment washing sink and a separate hand sink for the exclusive
use of the operator/technician for hand washing and preparing the
client for the body art procedures. The hand sink shall be supplied
with hot and cold running water under pressure to a mixing type
faucet, and liquid soap and paper towels in dispensers. An adequate
supply of potable water shall be maintained for the mobile body
art establishment at all times during operation. The source of the
water and storage (in gallons) of the tank(s) shall also be identified.
Tuberculocidal single-use hand wipes, approved by the Department,
to augment the hand washing requirements of this section, must be
available. |
| |
13.7 |
All liquid wastes shall be stored in an adequate storage tank
with a capacity at least 50 percent greater than the capacity of
the onboard potable water supply. Liquid wastes shall be disposed
of at a site approved by the Department. |
| |
13.8 |
Restroom facilities must be available within the mobile body
art establishment or within 300 feet. A hand sink must be available
inside or next to the restroom cubicle. The hand sink shall be supplied
with hot and cold running water under pressure to a mixing type
faucet, as well as liquid soap and paper towels in dispensers. Restroom
doors must be self-closing, and adequate ventilation must be available. |
| |
13.9 |
All body art operators/technicians working in a mobile body
art establishment must have an operator permit and comply with the
operator requirements of this regulation. |
| |
13.10 |
Mobile body art establishments must receive an initial inspection
at a location specified by the Department prior to use to ensure compliance with
structural requirements. Additional inspections will be performed at every
event where the mobile body art establishment is scheduled to operate. |
| |
13.11 |
All mobile body art establishments and operator permits,
as well s disclosure notice, must be readily seen by clients. |
| 14.0 |
PROHIBITIONS |
back to top | |
| |
14.1 |
It is prohibited to perform body art on any body part of a
person under the age of 18 without the written consent and presence
of the parent or legal guardian of such minor. This consent is to
be given in person to the body artist or responsible person at the
facility by the parent or legal guardian at the time the tattooing
or piercing is to commence. Photographic identification of the parent
or legal guardian is required. |
| |
14.2 |
It is prohibited to perform body art on a person who, in the
opinion of the operator, is inebriated or appears to be under the
influence of alcohol or drugs. |
| |
14.3 |
It is prohibited to own, operate, or solicit business as a
body art establishment or operator without first obtaining all necessary
permits and approvals from the Department, unless specifically exempted
by this regulation. |
| |
14.4 |
It is prohibited to obtain or attempt to obtain any body art
establishment or operator permit by means of fraud, misrepresentation,
or concealment. |
| 15.0 |
ENFORCEMENT |
back to top | |
| |
15.1 |
Establishments operating at the time of the enactment of this
regulation shall be given 90 days to make application to the Department
and comply with these regulations. Establishments that continue
to operate without proper permits from the Department or operate
in violation of these regulations will be subject to legal remedial
actions and sanctions as provided by law. |
| |
15.2 |
A representative of the Department shall properly identify
him or herself before entering a body art establishment to make
an inspection. Such an inspection must be conducted as often as
necessary throughout the year to ensure compliance with this regulation. |
| |
15.3 |
It is unlawful for any person to interfere with the Department
in the performance of its duties. |
| |
15.4 |
A copy of the inspection report must be furnished to the permit
holder or operator of the body art establishment, with the Department
retaining possession of the original. |
| |
15.5 |
If, after investigation, the Department should find that a
permittee or operator is in violation of this regulation, the Department
may advise the permittee or operator, in writing, of its finding and instruct the operator to take specific
steps to correct such violations within a reasonable period of time,
not to exceed 30 days. |
| |
15.6 |
If the Department has reasonable cause to suspect that a communicable
disease is or may be transmitted by an operator, by use of unapproved
or malfunctioning equipment, or by unsanitary or unsafe conditions
that may adversely affect the health of the public, upon written
notice to the owner or operator, the Department may do any or all
of the following: |
| |
|
a. |
issue an order excluding any or all operators from the permitted
body art
establishment who are responsible, or reasonably appear responsible,
for the
transmission of a communicable disease until the Department determines
there is no further risk to public health. |
| |
|
b. |
issue an order to immediately suspend the permit of the licensed
establishment until the Department determines there is no further
risk to the
public health. Such an order shall state the cause for the action. |
| 16.0 |
SUSPENSION OR REVOCATION OF PERMITS |
back to top | |
| |
16.1 |
Permits issued under the provisions of the regulation may be
suspended temporarily by the Department for failure of the holder
to comply with the requirements of this regulation. |
| |
16.2 |
Whenever a permit holder or operator has failed to comply with
any notice issued under the provision of this regulation, the operator
must be notified in writing that the permit is, upon service of
this notice, immediately suspended. The notice must also contain
a statement informing the permit holder or operator that an opportunity
for a hearing will be provided if a written request for a hearing
before the Director is filed with the Department within ten calendar
days. |
| |
16.3 |
Any person whose permit has been suspended may, at any time,
make application for reinstatement of the permit. Within ten calendar
days of receipt of a written request, including a statement signed
by the applicant that in his or her opinion the conditions causing
the suspension have been corrected and submission of the appropriate
reinspection fees, the Department shall reinspect the body art establishment
or evaluate documentation provided by an operator. If the applicant
is in compliance with the provisions of this regulation, the permit
will be reinstated. |
| |
16.4 |
For repeated or serious (any regulation infraction that threatens
the health of the client or operator) violations of any of the requirements
of this regulation or for interference with Department personnel
in the performance of their duties, a permit may be permanently
revoked after a hearing. Before taking such action, the Department
shall notify the permit holder or operator in writing, stating the
reasons for which the permit is subject to revocation and advising
the permit holder or operator of the requirements for filing a request
for a hearing. A permit may be suspended for cause, pending its
revocation or hearing relative thereto. |
| |
16.5 |
The Department may permanently revoke a permit after five
days following service of the notice unless a request for a hearing
before the Director is filed within the five day period with the
Department by the permit holder. |
| |
16.6 |
The hearing shall take place within ten calendar days after
the request. A written notice of the Director's final determination
shall be given within ten calendar days after adjournment of the
hearing. The Director may sustain, modify, or reverse the action
or order. |
| 17.0 |
PENALTY |
back to top | |
| |
17.1 |
Any person who is found guilty of violating any of the provisions
of these regulations, either by failing to do those acts required
herein, or by doing a prohibited act, is guilty of a class B misdemeanor
pursuant to Section 26A-1-123, Utah Code Annotated. A person found
guilty of a subsequent similar violation within two years, is guilty
of a class A misdemeanor pursuant to Section 26A-1-123, Utah Code
Annotated. |
| |
17.2 |
Each day such violation is committed or permitted to continue
shall constitute a separate violation. |
| |
17.3 |
The city attorney, or as appropriate, the county attorney,
may initiate legal action, civil or criminal, requested by the TCHD
to abate any condition that exists in violation of these regulations. |
| |
17.4 |
In addition to other penalties imposed by a court of competent
jurisdiction, any person(s) found guilty of violating any of these
regulations shall be liable for all expenses incurred by the TCHD
removing or abating any nuisance, source of filth, cause of sickness
or infection, health hazard, or sanitation violation |
| 18.0 |
DEPARTMENT PERSONNEL COMPETENCY REQUIREMENT |
back to top | |
| |
Department personnel performing environmental health/sanitary evaluations
or compliance investigations of body art establishments shall meet
the same requirements as specified for operators/technicians in
Section 12.10 of this regulation prior to assuming responsibilities
for this program. |
| 19.0 |
INTERPRETATION AND SEVERABILITY |
back to top | |
| |
19.1 |
In the interpretation of this regulation, the singular may
be read as the plural, the masculine gender as the feminine or neuter,
and the present tense as the past or future, where the context so
dictates. |
| |
19.2 |
In the event any particular clause or sentence of this regulation
should be declared invalid or unconstitutional by any court of competent
jurisdiction, the remaining portions shall remain in full force
and effect. Toward that end, the provisions of these regulations
are declared to be severable. |
IN WITNESS WHEREOF, the Tooele County Board
of Health has passed, approved and adopted this regulation this
_____ day of _________, _______.
ATTEST: TOOELE COUNTY BOARD OF HEALTH
______________________________ __________________________________
MYRON E. BATEMAN, KATHY
TAYLOR,
Health Officer Chairperson
|
back to top | |
.
