R 3744
RESOLUTION NO. 3744
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE UPHOLDING THE APPEAL AND
MODIFYING THE PLANNING COMMISSION'S APPROVAL OF
PLOT PLAN REVIEW CASE NO. 04-002, LOCATED AT 1037
EAST GRAND AVENUE, APPLIED FOR BY GARY
ELLSWORTH
WHEREAS, the City Council of the City of Arroyo Grande has considered an application for
Plot Plan Case No. 04-002, filed by Gary Ellsworth, for the establishment of a tattoo parlor;
and
WHEREAS, the City Council has held a public hearing on this application in accordance with
the Municipal Code; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
FINDINGS
1. The proposed project is consistent with the goals, objectives, policies and
programs of the Arroyo Grande General Plan including Land Use Policies LU5-2,
LU5-8 and LU5-8.1;
2. The proposed project conforms to applicable performance standards and will not
be detrimental to the public health, safety, or general welfare as a result of
conditions of this approval which impose stringent safety, sterilization and
sanitation standards and related regulations which reduce to a reasonable and
acceptable level potential health and safety concerns;
3. The physical location or placement of the use on the site is compatible with the
surrounding neighborhood, which consists of similar retail and personal service
uses located within a general commercial zone.
NOW, THERFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby approves Plot Plan Review 04-002, with the above findings and subject to the
conditions . as set forth in Exhibit "A", attached hereto and incorporated herein by this
reference. The City Manager is authorized to execute contracts consistent with and
implementing the terms of this Resolution.
On motion by Council Member Lubin, seconded by Council Member Runels, and on the
following roll call vote, to wit:
AYES: Council Members Lubin, Runels, Costello
NOES: Council Member Dickens and Mayor Ferrara
ABSENT: None
the foregoing Resolution was passed and adopted this 11 th day of May, 2004.
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RESOLUTION NO. 3744
PAGE 2
~~~~ --/'
TONY M. FERRA AYOR
ATTEST:
APPROVED AS TO CONTENT:
~$~~\ITY MANAGER
APPROVED AS TO FORM:
RESOLUTION NO. 3744
PAGE 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLOT PLAN REVIEW 04-002
1037 EAST GRAND AVENUE
This approval authorizes the operation of a tattoo shop ("tattooing" as defined in Health and
Safety Code Section 119300(a)), only. It does not authorize body piercing, branding,
permanent cosmetics or extreme body modification.
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS:
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Plot Plan Review 04-002.
3. Development shall occur in substantial conformance with the plans presented to the
City Council at their meeting of April 27, 2004 and marked Exhibit "B".
4. The applicant shall, as a condition of approval of this Plot Plan Review application,
defend, indemnify and hold harmless the City of Arroyo Grande, its present or former
agents, officers and employees from any claim, action, or proceeding against the
City, its past or present agents, officers, or employees to attack, set aside, void, or
annul City's approval of this permit, which action is brought within the time period
provided for by law.
SPECIAL CONDITIONS:
5. Adequate parking for full retail office and residential uses per the Development Code
(1 space for 250 square feet of retail and office and 2 spaces for residential) must be
provided within 90 days of opening the tattoo shop for business.
6. The applicant and all employees shall follow and comply with all provisions contained in
the. draft copy of the California Conference of Local Health Officers Proposed Model
Program ("Model Program", which is attached hereto as Exhibit "C" and incorporated
herein by this reference, except as amended as follows:
(a) Section I (i) of the Model Program shall be amended to read as follows:
"ENFORCEMENT OFFICER means the Arroyo Grande City Manager's designee."
(b) Section I (m) of the Model Program shall be amended to read as follows: "LOCAL
ENFORCEMENT AGENCY (LEA) means the City of Arroyo Grande." The
applicant shall pay all reasonable and actual inspection costs associated with the
Model Program. The Model Program referenced above shall remain in full force
and effect unless and until the State Department of Health Services formally
adopts sterilizations, sanitation, and safety standards for persons engaged in the
business of tattooing, pursuant to Health and Safety Code Section 119300 et
seq.
7. Tattoo guidelines developed by the National Environmental Health Association
("NEHA Guidelines") may be substituted for the Model Program and the applicant
shall comply with all provisions therein if the City Manager determines that the NEHA
Guidelines provide more stringent regulation.
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RESOLUTION NO. 3744
PAGE 4
8. Any modification or expansion of this approval shall require an amendment to this
permit and shall be sUbject to a duly noticed public hearing.
9. A minimum of one workstation shall be capable of being fully enclosed for the
privacy of the clients.
10. This Plot Plan Review shall be reviewed by the City Council within two years of the
date of this approval to ensure that it is being operated in a manner consistent with
the conditions of approval and in a manner that is not detrimental to the public,
health, safety and welfare. The Council may impose additional conditions
determined to be necessary to mitigate impacts to the public, health, safety or
welfare.
11. There shall be a minimum of two (2) comprehensive inspections annually and copies
of all inspection reports shall be provided to the Council.
12. All operator/tattoo artists shall complete annually a minimum of six (6) hours of
continuing education in the area of preventing disease transmission in tattooing,
which course shall be offered through either the Alliance of Professional Tattooists or
an accredited medical or equivalent association approved by the City Manager.
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RESOLUTION NO. 3744
OFFICIAL CERTIFICATION
I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that Resolution No. 3744 is a true, full,
and correct copy of said Resolution passed and adopted at a regular meeting of
the City Council of the City of Arroyo Grande on the 11 thday of May, 2004.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th
day of May, 2004.
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KELLY W TMpRE, DIRECTOR OF ADMINISTRATIVE SERVICES/
i/ DEPUTY CITY CLERK
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Walls will be 4811 tall, framed with -
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2x4's, nail~d with 16dnails~ studs
o'n center at 16". Walls will be
covered With 5/8" dryWall
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'Wall dimensions:
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Tried and True Tattoo, 1037 E Grand Ave, Arroyo Grande, CA 93420
805-481-9400
Contact: Gary Ellsworth, 805-801-4956
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Exhibit C
CALIFORNIA CONFERENCE OF LOCAL HEALTII OFFICERS
PROPOSED MODEL PROGRAM
including
STERILIZATION, SANITATION, AND SAFElY STANDARDS FOR
TATIOOING, PERMANENT COSMETICS AND BODY PIERCING
As Submitted to the California Department of Health Services, 6130/98, Pursuant to ABl86
9/30/98
L Definitions
The following terms contained in jhis document shall have the following meaning:
(a) APPROVED means acceptable to the Director of the local enforcement
agency (LEA).
(b) BLOODBORNEPATHOGENS means pathogenic microorganisms that
are present in human blood and can cause disease in humans. These
pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis
C Virus (RCV) and human immunodeficiency virus (HIV).
(c) BLOOD EXPOSURE INCIDENT means piercing the skin through such
events as needlesticks, cuts, and abrasions from material contaminated with
blood from a client, or eye, mouth, other mucous membrane, or non-intact
skin contact with blood or blood-contaminated material from a client.
(d) ,BODY PIERCING means the creation of an opening in the human body
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. Body
piercing does not, for the purpose of these standards, include piercing the
leading edge or earlobe of the ear with a sterile, disposable, single-use stud ,
or solid needle that is applied using a mechanical device to force the needle
or stud through the ear.
, (e) BODY PIERCER means any person who is registered by the LEA to
, perform body piercing.
(/) BUSINESS OWNER means 01!)1 person, corporation, partnership. limited
liability comp01!)l, association, trust or unincorporated organization which
,owns or partially owns the business conducting tattooing. body piercing or
permanent cosmetics.
(g) CONTAMINATED means the presence or reasonably anticipated
presence of blood, body fluid or other potentially infectious materials in or
on the surface if an item.
(h) CONTAMINA TED WASTE means any contaminated material used in
tattooing, permanent cosmetics or body piercing that is to be disposed of.
(i) ENFORCEMENT OFFICER means the Director or hislher designees of
the LEA.
'.
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Proposed Model Program
September 30,1998
(j) .
(k)
(1)
(m)
(n)
(0)
(P)
EXPOSURE CONTROL PLAN means a written plan, applying to all'
those who perform tattooing, application of permanent cosmetics, or body
piercing lVithi.n a facility, describing how the applicable requirements of this
standard will be implemented. It is designed to eliminate or minimize
employee and client exposure to bloodbome pathogens and other
communicable diseases.
FACILITY means any room, shop, space or vehicle where tattooing,
permanent cosmetics or body piercing is performed. . .
INSlRUMENT means tattooing, permanent cosmetics or body piercing
equipment. Such equipment includes, but is not limited to needles, needle
bars, needle tubes, forceps, hemostats, tweezers, pliers, or other
implements used to insert pigment, pierce, puncture, or be inserted into any
part of the human.body for the intended purpose of making a tattoo or
permanent hole. Such equipment also includes studs, hoops, rings, or other'
decorative jewelry, materials or apparatuses inserted into any part of the
body for the intended purpose of placement in a hole resulting from
piercing.
LOCAL ENFORCEMENT AGENCY (LEA) means the local
department of health or environmental health responsible for enforcing
these standards.
MINOR means any person under the age of18(eighteen) years.
OWNER means and includes every person having ownership, control or
custody of any place of business or employment. .
PERMANENT COSMETICS means 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, permanent eyeliner, eye shadow, or lip color and semi-permanent
cosmetic make-uD aDplication.
PERMANENT COSMETICS TECHNICIAN means a person who is
registered with the LEA to apply permanent cosmetics.
PERMANENT HOLE means a hole produced by piercing or puncturing
any part of the body, with instruments intended to leave an opening in body
tissue(s) into which an appropriate device or apparatus may be inserted.
Permanent hole would include any body part newly pierced or punctured
which is undergoing a healing process; and, any piercing whether or not
removal of a device or apparatus fi:om the perforation would result in'
fusing or healing of the tissue or skin structures.
PERMIT means written approval by the LEA to operate a tattoo,
permanent cosmetics or body piercing facility. Approval is given in
accordance with these standards, and is separate from any other licensing
requirements that may exist within the local jurisdiction.
PIERCING DEVICE means any device used for the creation of an
opening in the human body for the purpose of inserting jewelry or other
decoration.
(q)
(r)
(s)
(t)
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Proposed Model Program
September 30, 1998
(u) PIERCING GUN means a handheld tool that shall be used exclusively for
piercing the ear, into which single use pre-sterilized studs and clutches are
placed and inserted into the ear by hand squeezed or spring loaded action
to create apennanent hole. The tool must be made of plastic, stainless
steel or other material that is able to be disinfected.
(v) PROCEDURE AREA means the immediate area where instriunents and
supplies are placed during a procedure.
(w) PURCHASED pRE-STEmT .TZli'.D means instruments or procedure set-
ups that are sold individually packaged and sterilized. Each pl\ckage shall,
have an auditable sterilization lot number from a sterilization facility.
(x) REGISlRATION means the applicant has complied with all the
requirements of the LEA and has received a Certificate of Registration.
(y) SANITIZATION means effective bactericidal and virucidal treatment of
clean equipment surfaces by a process that has been approved by the LEA
as being effective in destroying pathogens. It is not the same as
sterilization.
(z) STElnT .T7ATION means the destruction of all living organisms including
,
spores.
(aa) TATTOOING means inserting pigment under the surface of the skin by
pricking with a needle or otherwise, to permanently change the color or
appearance of the skin or to produce an indelible mark or figure visible
through the skin. This includes but is not limited to, eyeliner, lip color,
camouflage, stencil designs and free hand designs. '
(bb) TATTOOIST means any person who is registered with the LEA to apply
tattoos.
(cc) WORKSTATION means an area that is set up to perform tattooing,
permanent cosmetics or body piercing. A workstation can be a separate
room or an area that can be screened to insure privacy when performing
nipple, genital or other discretionary area tattooing or piercing.
IT. Rights ee the Enforcement Officers
Enforcement Officers,are charged with the enforcement of all provisions of these
standards, and all standards adopted pursuant to it. The Enforcement Officerrnay enter,
inspect, issue notices ofviolatiol!, impound, copy records, and secure any samples,
photographs, or other evidence from any tattoo, permanent cosmetic or body piercmg
shop, or any facility suspected of being a tattoo, permanent cosmetic or body piercing
shop, for the purpose of enforcing these standards.
The Enforcement Officer shall be a P~blic Health Nurse or Registered Environmental
Health Specialist (REHS) andhave a minimum of the following training:
(a) A health and safety clasS with a curriculum that includes all of the
sections included in the Exposure Control Plan, and
(b) Basic knowledge of vocabulary, instruments and equipment used in
3
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Proposed Model Program
September 30,1998
tattooing, pennanent cosmetics, and bodypiercing IwtJan 811JI1f .
mlabI81
IlL Certificate Of Registration
No person shall perform tattooing, application of permanent cosmetics, or body piercing
unless such a person is registered with the LEA to perform tattooing, permanent
cosmetics, or body piercing. Vpon completion of all the requirements of registration, the
candidate will receive a Tattooist, Body Piercer, or Permanent Cosmetics Technician
Certificate of Registration. The Certificate of Registration shall require renew'al three (3)
years from the date ofissuance. A physician and surgeon licensed under Chapter 5
(commencing with sec. 2000 of Division 2, Business and Professions Code) or a person
. engaged in the piercing of the lea,ding edge or earlobe of the ears only is exempt from
registration requirements. .
IV. . Registration Requirements and Procedures
Applicant must be at least eighteen (18) years of age at the time ofapplication, and shall:
(a) Obtain a copy of the LEA standards and commit to comply with the
standards. Sil!:Il acknowledgement of the receipt of the standards.
(b) . Complete all LEA application forms and pay required re~stration. Derrnit
and insDection fees where required.
(c) Registration infonnation shall include the full name of applicant, home
address of applicant and a full description of the procedures to be
perfonned by applicant.
(d) Provide the name, business address and hours of operation of the facility
Me! the ade!res5 at which the registrant will perform any activity covered by
these standards. .
(e) Provide proof of successful completion of an LEA approved health and
sqfety class that has a curriculum that contains all of the sections of the
Exposure Control Plan. .
(f) Demonstrate by examination, knowledge of baSic tattooing, pennanent
cosmetic and/or body piercing techniques, Universal Precautions, health
and safety precautions, sanitation and sterilization techniques designed to
prevent cross contamination. The minimum passing grade shall be set by
the LEA. lJ118n /l1tt/8 ct1I1S8I1Sl1S Dt1 t/JIs rPJ'II""JlbufAtiRlJ
(g) For renewal of registration, the registrant must provide proof of
successful completion of an LEA approved continuing education course.
The registrant must complete at least one LEA approved continuing
education course during every three-year registration period. The class in
preventing disease transmission may be repeated
(h) . Registration is not transferable from one person to another. The Certificate
of Registration must be prominently displayed to the public, at the
registrant's workstation, in every shop where the registrant practices.
4
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Proposed Model Program
September 3D, 1998
ill
(j)
v.
A Certificate of Registration may be revoked at any time after due process.
Registration may be suspended by the LEA, after failure to correct
violations on an official notice of violation. or failure to complv with the .
conditions set forth at an administrative hearimt If the relZistrant shows an
inability or unwillimmess to correct violations and complv with the
standards. his or her Certificate ofRelZistration may be revoked.
Notwithstanding the other provisions of these standards; if the
Enforcement Officer or any other duly authorized representative finds any
unsafe practices or unsanitary conditions in the operation of a tattoo,
permanent cosmetic, or body piercing shop which constitute sri imminent
danger to the public health, the Enforcement Officer may serve an order
upon the registrant, owner or manager citing such conditions and
specifying the corrective action(s) to be taken within a period of fifteen
(15) days or less as designated by the Enforcement Officer. Such order
may state that the registrant's registration is immediately suspended and all
. tattooing, permanent cosmetics and/or body piercing procedures are to be
discontinued forthwith and such tattoo, permanent cosmetic, or body
piercing operations are to be closed. Any person to whom such an order is
issued shall comply immediately. As promptly as possible thereafter and
within fifteen (15) days, the Enforcement Officer shall provide such a
person an opportunity to be heard.
Temporary Certificate of Registration
(a)
A person may obtain a Temporary Certificate of Registration that allaws
the practice of tattooing, permanent cosmeticsor~ody piercing in a
permitted shop, convention, or educational function. A temporary .
Certificate of Registration is validfor no more than thirty (30) consecutive
days in a ninety-dayperiod. .
Requirementsfor temporary registration
Applicant must be at least eighteen (18) years of age at the time of
application and shall:
(1) Obtain a copy of the Department's standards and commit to
comply with the standards.
(2) Complete application and pay fees to the LEA.
(3) . Provide the name and address of the LEA approvedfaciIity or
. special event where registrant will be peifonning tattooing,
permanent cosmetics or body piercing.
(4). Pass a registration examination with a minimum grade of 70%.
(5) Prominently display the Certificate of Registration at a1V'
workstation in which he/she practices. .
A temporary Certificate of Registration may be revoked at a1V' time if the
Enforcement Officer finds any unsafe practices or unsanitary conditions
in the operation of a tattoo, permanent cosmetics or piercingfaciIity,
which constitutes an imminent danger to public health. A1!}' person to
(b)
(c)
s
Prop~sed Model Program
September 30,1998
VL
(a)
(b)
whom such an order is issued shall refrain from all tattooing or piercing
procedures until all unsafe practices and conditions are corrected and the
Enforcement Officer approves the shop to reopen.
Oients and Oient Records
(c)
No tattoo or permanent cosmetic application shall be applied to any person
under eighteen (18) years of age, regardless of parental consent,' except
when authorized or prescribed by a physician's statement.
Persons under the age of eighteen (18) years ofage may recei~e body.
piercing provided they are aeeempanieEl By their that the body piercin2 is
performed in the presence of. or as directed by a notarized writing by. the
person's parent op guardian. The minor shall have a valid identification and
!lli: parent or guardian shall have a valid picture identification. Nipple and
genital piercing is prohibited on minors regardless of parental consent.
Before administering a tattoo or permanent cosmetic, the client must be
advised that permanent cosmetics or any other tattoo should be considered
permanent; that there is potential for adverse healin2 such as keloid
formation and hypertrophic scarrin2: that it can only be removed with a
surgical procedure; and that any effective removal may leave scarring.
Written information to this effect shall be included on the consent form to
apply a tattoo. . . . .
Tattooing, permanent cosmetics, or body piercing shall not be performed
on skin surfaces which have sunburn, rash, pimples, infection, open lesions,
mole, or manifest any evidence of unhealthful c:onqitions without medical
clearance.
Tattooing, permanent cosmetics and body piercing may not be performed
on any person who is impaired by drugs or alcohol.
The 5h6p business shall maintain proper records for each customer. The
records of the procedure shall be keptfor three (3) years and shall be
available for inspection by the Enforcement Officer. . The records shall
include the following:
(d)
(e)
(f)
(1) The date of the procedure.
(2) Record of infonnation on the picture identification showing name,
date of birth,' gender and current address of client.
(3) The design and location' of the tattoo, pennanent cosmetics,or
body piercing.
(4). The name and registration number of the tattooist, pe~anent
cosmetic technician or body piercer.
(5) Copy of the signed client infonnation and consentfonn to perfonn
the tattoo, pennanent cosmetic or body piercing procedure.
6
.'
Proposed Model Program
September 30,.1998
~
(e) At. least fifty (SO) foot-candles of artificial light shall be provided at the
level where the tattoo, permanent cosmetics or body piercing procedure is
being performed.
(f) All surfaces, including but not limited to, counters, tables, equipment,
chairs. recliners, shelving, cabinets in the service areas and cleaning room
shall be made of smooth, non-absorbent, non-porous materials to allow for
~cleanin~ .
(g) Hand sinks with hot and cold running water operated by wrist or kpee
action sha1l be located in each work area. Hand sinks shall be SI,lpplied
with liquid soap and single-use paper towels from sanitary dispensers. If
there are two or more work stations within a room, all may share the hand
sink. A work station in a separate room shall include a hand sink. .
(h) The cleaning room'or area shall have a separate sink reserved for
instrUment clean up activities only.
(i) In addition to adequate hand sinks and a cleaning area sink, the shop
shall have a separate janitorial sink available for use by the facility. Ot"
/IIIJJtI1lJat t l'fJQ1Ji1l1JJl/lJi fur tII1'118l8/181'8t8li1kl/118Y I:I'1I8t8 8 /JartIsbjJJ
(i) Water supply shall be from an approved source. . ,
(j)SeWage including liquid wastes shall be disposed ofin a public sewer or, in
absence thereof; in a manner approved by the LEA .
G) There shall be access to a telephone in order to make paramedical services
available in case of need. Le.. access to 911.
. xn.' Temponu'Y'and Mobile Facilities
.,
(a) Temporary facilities .include those for educational or convention purposes.
. To the extent possible, they shall meet the facility requirements in Section
XIV. At a minimum, they must include:
(1) Temporary handwash facilities and hand sanitizer located within
each work or demonstration area. A temporary hand wash facility .
shall consist ofliquid hand cleanser, single-use paper towels arid
warm potable water dispensed from an insulated container with a
spigot that is raised a minimum of twenty-five (25) inches off the
floor. Wastewater shall be collected in a bucket placed on the floor
under the spigot. Warm potable water shall be replenished and
wastewater removed as necessary.
(2) At least fifty (SO) foot-candles of light at the level where the
procedure is being performed. .
(3) A separate cleaning and sterilization area must be provided for use
by the participants that supplies an adequate number of sinks and
LEA-approved sterilization units for cleaning and sterilizing
equipment to be used during the event.
(4) Only sterilization units approved by the LEA and used, cleaned and
maintained according to manufacturer's instructions sha1l be
utilized. All sterilization units used at the event shall have
9
,.
Proposed Model Program
. September 3D, 1998
.~
certification ofa negative spore test on the sterilizer within the last
30 days:
Mobile units or vehicles must comply with the following requirements.
(1) The mobile vehicle sba1l be equipped with a sink for the exclusive
use of the registrant for hand washing and preparing customers.
An adequate supply of potable water sba1lbe maintained at all times
that the mobile shop is open for business. . .
(2) . All liquid wastes sba1l be stored in an adequate storage ~ with a
capacity at least fifty percent (50%) greater tha.i1 the capacity of the
on-board potable water. Liquid wastessba1l be disposed of at any
approved trailer dumpsite.
(3) If there is not'an on-board restroom, the mobile vehicle sba1l be
operated within 200 feet of a public restroom. ..
(4) All procedures must be performed inside the mobile vehicle. No
procedures sba1l be performed outside of the vehicle.
XIIL Housekeeping Standards
(b)
All tattoo, permanent cosmetic, and body piercing facilities sba1l meet the following
criteria: .
(a) All areaS sba1lbe kept neat, clean and in good repair.
(b) . All surfaces and equipment (chairs, work stations, counters, client recliners
. or chairs, dispensers) in the procedure area sba1l be made of smooth, non-
absorbent, non-porous material that can Withstand repeated disinfection.
(c) An Environmental Protection Agency (EP A) registc;red hard surface .
disinfectant product or geffilieiele (iodophor, chlorine. phenolic, or alcohol
containing germicide used according to manufacturer'sinstructions. or a
1:100 dilution of household bleach and water (two (2) tablespoons of
bleach in one (1) quart of water) sba1l be used after cleaning to disinfect .
any surface contaminated with blood or body fluids.
(d) All facilities sba1l have the waiting area separated from the workstations
and the cleaning room or area. A public restroom shall be available to .
clients during all business hours.
(e) Tattooing, body piercing and permanent cosmetic activitiessba1l be
''. separated from nail and hair activities by a solid barrier in such a manner as
to prevent contact with irritants including but not limited to hair spray and
nail dust.
(f) The cleaning room or area shall be set up in a manner to provide distinct,
separate areas (or cleaning equipment, and for the handling and storage of
sterilized equipment. The cleaning area sink sba1l be reserved for'
instrument cleaning only and shall not be used as a janitorial sink.
(g) Large capacity ultrasonic cleaning units sba1l be clearly labeled
biohazardous and placed away from the sterilizer and workstations. All
ultrasonic cleaners shall be used, cleaned and maintamed according to
manufacturer's specifications.
10.
Proposed Model Program
September 30,1998
vn. Hepatitis B Vaccination
. All registrants must either:
(a) Document protection against hepatitis B in the form of:
(1) certification of completed vaccination or,
(2) laboratory evidence of immunity
or
(b) File a certificate of vaccination declination forHBV. The declination for
vaccination shall be kept on file in the shop and made available during
inspection. .
VIII. Fadlity Permit Requirements
(a) It shall be unlawful for any person to operate a tattoo, pennanent
cosmetics or piercingfacility without first obtaining a pennit from the
LEA. A physician, peifonning tattoo or piercing procedures in the
physician's office or clinic, is exempt from this requirement.
(b) Only a person who complies with the requirements of these standards shall
be entitled to receive and retain such a pennit. Pennits shall not be
transferable from one person to another, from one place to another or
from one vehicle to another. The pennit must be prominently displayed to
the public. The penn it shall expire (1) one year from the date of issuance.
(c) The following infonnation will be required for the pennit application:
(1) Name of applicant.
(2) Residence of applicant.
(3) If a partnership, the names and residence addresses of each of the .
partners.
(4) If a corporation, the names and addresses of a designated
corporate officer and an onsite facility representative.
(5) The location of the proposed establishment, Department approved
plans and scope of operation.
(6) A complete description of all tattoo, pennanent cosmetics or
piercing services to be provided
IX. Facility Business Owner Responsibilities
The faeility business owner or operator of any tattoo, permanent cosmetic, or body
piercing facility shall: .
(a) Allow the Enforcement Officer or any duly authorized representative, after
proper identification, to enter during business hours, any tattoo, permanent
cosmetic, or body piercing shop within hislher jurisdiction, to inspect, and
7
,
Proposed Model Program
September 30,1998
(b)
(c)
(d)
(e)
make as many additional inspections or re-inspections as are necessary for
the enforcement of these standards. .
Be responsible for all facility registrants complying with all health, safety, .
sanitation and sterilization rules arid stlindards of the LEA.
Require each individual within the facility providing tattooing, permanent
cosmetics or body piercing services to be registered with the LEA.
Maintain a list of facility registrants providing services at the facility for
review by the Enforcement Officer during inspections.
Develop and ensure compliance with the Exposure Control Plan as
specified in Section XITI. A copy of the plan must be available at all times
for use and inspection.
X Ccnstruction Standards :
(a) Plan Review
(1) All new, or to be remodeled, tattoo, pennanent cosmetic or body
piercing shops shall require lEA approved plans prior to commencing
work and in advance of the issuance of mry building, plumbing or
electrical pennits,'
(2) Plans shall indicate the layout of the reception area, the procedure
'areas, the cleaning and sterilization area, the storage area and the
. toilet facilities.
(3) All construction shall be done in accQrdance with all applicable codes,.
including but not limited to UniJonn Building, Plumbing, .and
Electrical Codes, and altlocal fire and zoning ordinances.
(4) All violationsfound during thefinaI construction inspection shall be
corrected before openingfor business. .
. XL Facility Requirements
(a) All floors, walls and ceilings shall be made of smootli, nonabsorbent and
nonporous material that is easily cleanable. Concrete blocks or other
masonry used in wall construction shall be covered or made smooth and
sealed for a washable surface.
(b) Adequate toilet facilities shall be provided in accordance with the
specifications of the Uniform Plumbing Code and any otherIoca1
ordinances. Hand sink must be located inside the restroom facility and
shall be supplied with liquid hand cleanser and singie use 'paper towels or
other approved hand-drying device.
(c) The walls and ceilings in the cleaning room or cleaning area and
restrooms shall be light colored. .. .
(c) The premises shall be constructed and maintained in a state cif good repair
at all times to prevent insect and rodent infestation.
(d) The establishment shall be well ventilated and be provided with an artificial
light source equivalent to at least twenty (20) foot-candles.
8
Proposed Model Program
September 30..1998
(e) At least fifty (50) foot-candles of artificial light shall be provided at the
level where the tattoo. permanent cosmetics or body piercing procedure is
being performed.
. (f) All surfaces, including but not limited tO,counters, tables, equipment,
chairs, recliners, shelving, cabinets in the service areas and cleaning room
shall be made of smooth, non-absorbent, non-porous materials to allow for
easy cleaning. .
(g) Hand sinks with hot and cold running water operated by wrist or \qlee
action shall be located in each work area. Hand sinks shall be supplied
with liquid soap and single-use paper towels from sanitary disp~nsers. If
there are two or more work stations within a room, all may share the hand
sink. A work station in a separate room shall include a hand sink.
(h) The cleaning room or area shall have a separate sink reserved for
instrument clean up activities only.
(i) In addition to adequate hand sink$ and a cleaning area sink, the shop
shall have a separate janitorial sink available for use by the facility. Otl,
IW1tJJd tbat. J__! fur tbre818Jl81'8l81i1k1J118Y t:I'88t8.11Irt/sbt1l
(i) Water supply shall be from an approved source.
(j) Sewage including liquid wastes shall be disposed ofin a public sewer or, in
absence thereof, in a manner approved by the LEA.
(j) There shall be access to a telephone in order to make paramedical services
.available in case of need i.e access to 911.
xn. Temporary and Mobile Facilities
(a) Temporary facilities include those for educational or convention purposes.
To the extent possible, they shall meet the facility requirements in Section
XIV. At a minimum, they must include:
(1) Temporary handwash facilities and hand sanitizer located within
each work or demonstration area. A temporary hand wash facility
shall consist of liquid hand cleanser, single-use paper towels and
warm potable water dispensed from an insulated container with a
spigot that is raised a minimum of twenty-five (25) inches off the
floor. Wastewater shall be collected in a bucket placed on the floor
under the spigot. Warm potable water shall be replenished and
wastewater removed as necessary.
(2) At least fifty (50) foot-candles of light at the level where the
procedure is being performed. . .
(3) A separate cleaning and sterilization area must be provided for. use
by the participants that supplies an adequate number of sinks and
LEA-approved sterilization units for cleaning and sterilizing .
equipment to be used during the event.
(4) Only sterilization units approved by the LEA and used, cleaned and
maintained according to manufacturer's instructions shall be
utilized. All sterilization units used at the event shall have
9
'- .. -'
Proposed Model Program
September30,1998
(b)
xm.
certification of a negative spore test on the sterilizer within the last
. 30 days: .
Mobile units or vehicles must comply with the following requirements.
(1) The mobile vehicle shall be equipped with a sink for the exclusive
use of the registrant for hand washing and preparing customers.
An adequate supply of potable water shall be maintained at all times
that the mobile shop is open for business. . .
(2) All liquid Wastes shall be stored in an adequate storage t~ with a
capacity at least fifty percent (50%) greater than the capacity of the
on-board potable water. Liquid wastes shall be disposea of at any
approved trailer dumpsite.
(3) Ifthere is not.an on-board restroom, the mobile vehicle shall be
operated within 200 feet of a public restroom.
(4) All procedures must be performed inside the mobile vehicle. No
procedures shall be performed outside of the vehicle.
Housekeeping Standards
All tattoo, permanent cosmetic, and body piercing facilities shaIl meet the foIlowing
criteria:
(a)
(b)
(c)
All areaS shall be kept neat, clean and in good repair.
All surfaces and equipment (chairs, work stations, counters, client recliners
or chairs, disperisers) in the procedure area shall be made of smooth, non-
absorbent, non-porous material. that can Withstand repeated disinfection.
An Environmental Protection Agency (EP A) regist~red hard surface
disinfectant product or geFft1idde (iodophor, chlorine. phenolic, or alcohol
containing gennicide used according to manufacturer's instructions, or a
1:100 dilution of household bleach and water (two (2) tablespoons of
bleach in one (1) quart of water) shall be used after cleaning to disinfect
any surface contaminated with blood or body fluids. .
All facilities shall have the waiting area separated from the workstations
and the cleaning room or area. A public restroom shall be available to
clients during all business hours.
Tattooing, .body piercing and permanent cosmetic activities shall be
separated from nail and hair' activities by a solid barrier in such a manner as
to prevent contact with irritants including but not limited to hair spray and
nail dust.
The cleaning room or area shall be set up in a manner to provide distinct,
separate areas for cleaning equipment, and for the handling and storage of
sterilized equipment. The cleaning area sink shall be reserved for
instrument cleaning only and shall not be used as a janitorial sink.
Large capacity ultrasonic cleaning Units shall be clearly labeled
biohazardous and placed away from the sterilizer and workstations. All
ultrasonic cleaners shall be used, cleaned and maintained according to
manufacturer's specifications.
(d)
(e)
(f)
(g)
10
\- ~' - j
Proposed Model Program
September 3D, 1998
(h)
(i)
G)
(k)
XIV.
(I)
Adequate foot-operated receptacles shall be provided in each workstation
for disposal of trash and debris.
Each work station shall have an LEA-approved sharps container that is
rigid, puncture proot; leak proof and not red in color for disposal of sharp
objects that come into contact with blood or body fluids. /WbyJ/1/tJ'lJll1I1I/11t
nt!. wf18t lIJItIr!l
The procedure area and client chair/table must be wiped down with an '
EP A regiStered disinfectant or germicide using a single-use paper towel,
before and after serving each client. .
Immediately before II the procedure, the procedure area must be wiped
down with an EP A registered hard surface disinfectant product 6f
gefH!ieiEle (iodophor. chlorine. phenolic. or alcohol containinl!: I!:ermicide
used accordinl!: to.manufacturer's instructions. or a 1: 1 00 dilution of
household bleach and water (two (2) tablespoons of bleach in one (J) quart
of water) using a single-use paper tewel wipe.
All germicides and disinfectants must be used according to manufacturer's
recommendations. "
All chemicals shall be properly labeled and stored.
Pets or other animals shall not be permitted in the facility. Trained guide or
assistance animals for the disabled and fish in aquariums in the waiting area '
, are exempted.
(m)
(n)
Exposure Control Plan
, '
The owner of every tattoo, permanent cosmetics, and body piercing facility shall establish
a written Exposure Control Plan applying to all those who perform tattooing, application
of permanent cosmetics, or body piercing within a facility, describing how the applicable
requirements of this standard will be implemented.
The Exposure Control Plan shall contain at least the following elements:
The method of implementation for each of the following applicable sections or'these
standards: ' '
(V) Clients, (VIII) Facility Requirements, (X) Housekeeping Standards, (XIII)
Approved Sterilization Equipment and Monitoring Methods, (XIV) Instrument
Sterilization and Set-Up, (XV) Contaminated Wastes, (XVI) Tattooing,
(XVII) Permanent Cosmetics, and (XVIll) Body Piercing.
XV. Exposure Control Training Requirements
(a) All persons registered with the LEA to perform tattooing, application of ,
permanent cosmetics, or body piercing must receive exposure control
training.
(b) Training shall be completed within one year of the effective date of this
11
\. ~'-_I
Proposed Model Program
September 30,1998
standard and must be updated at least every three years thereafter. .
Training in Cardiopulmonary Resuscitation (CPR) shall be required,
Additional training must be completed when changes such as modification .
of procedures or institUtion of new procedures affect the practitioner's or
client's exposure. The additional training may be limited to addressing the
new exposures created. !11J8r8 Jdttlll!m!lRtlRll$lltI &P8l
. (c) Material appropriate in content and vocabulary to educational level,
literacy, and language of trainees shall be used. .
(d) The training program shall contain, at a minimum, the following elements.
(1) An accessible copy of the these and other applicable stahdards and
an explanation oftheir contents; .
(2) A general explanation of the epidemiology and symptoms of
bloodbornll diseases and other exposures appropriate for the
practice of the trainee;
(3) An explanation of the modes of transmission of blood borne
pathogens and other communicable diseases appropriate for the
practice of the trainee; .
(4) An explanation of the appropriate methods for recognizing tasks
and other activities that may involve exposure to blood for either
the practitioner, the client, or both;
(5) An explanation of the use and limitations of methods that will
prevent or reduce exposure to both the practitioner and the client;
(6) Information on the types, proper use, andremoval of gloves lIDd
proper handwashing techniques;
(7) Information on proper selection and use of disinfectants and
antiseotics:
(8) Information on the hepatitis B vaccine, including information on its
efficacy, safety, method ofadministration, and the benefits of being
vaccinated; ..
(9) An explanation of what constitutes a blood exposure incident, the
risk of disease transmission following a blood exposure incident,
and the options for post-exposure evaluation and follow-up if an
exposure incident occurs, specific to each bloodborne pathogen;
(10) An opportunity for interactive questions and answers with the
person conducting the training session. .
(e) The person conducting the training shall be knowledgeable in the subject
. matter covered by the training program as it relates to the workplace that
the training will address. .
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NnmII8r WI
12
\. (\:- ~I
Proposed Model Program
September 30,1998
XVI. Approved Sterilization Equipment and Monitoring Method~
Instruments used in tattooing, permanent cosmetics, and body piercing shall be properly
cleaned and packaged in sterilizer bags with a color change indicator and then sterilized in
a sterilizer that meets the following requirements:
(a) Is sold as steriliiing equipment for medica! instruments.
(b) Has been approved by the DepartmeBt LEA.
(c) Is used, cleaned and maintained to manufacturer's specifications.
(d) Is tested at least monthly (unless otherwise specified by manufacturer) by
using a commercial biological monitoring (spore) system to asSure that all
microorganisms, including spores, have been destroyed. Biological
indicator test results must be available for inspection at all times.
xvn Instrument Sterilization and Set~Up
(a) Contaminated non-disposable equipment including. but not limited to.
needles, needle bars, needle tubes, needle caps, body piercing tubes or
other instruments that are contaminated shall be immersed in liquid in the
cleaning area or room until cleaned and sterilized.
. (b) Before being sterilized, all instruments shall be thoroughly cleaned in an
ultraSonic cleaner following manufacturer's instructions.
(c) After cleaning, non-disposable instruments shall be packaged into
procedure set-ups with color change indicators or packaged individually in
. peel-packs with color change indicators. All packages shall be dated and
initialed by the preparer. If a sterilized package has been breached or
allowed to get wet, the instrument(s) shall be re-packaged and re-sterilized
before use.
(d) After sterilization, the instruments shall be stored in a dry, clean cabinet or
other tightly covered container reserved for storage of sterile instruments.
(e) . A record of sterilization procedures should be maintained. .
(f) Wearing new clean disposable examination gloves, the tattooist, permanent
cosmetics technician, or body piercer shall use proper technique to .
assemble, without cOntamination, all instruments and supplies to be used in
the procedure. All sterilized instruments shall remain in sterile packages
until opened in front of the client. If a glove is pierced, tom or .
contaminated by contact with any non-clean surface~ both gloves must be
properly removed and discarded. The gloves shall be discarded after the
completion of each procedure on an individual client, and hands shall be
washed prior to donning the next pair of gloves. Under no circumstances
shall a single pair of gloves be used on more than one person. The use of
disposable examination gloves does not preclude or substitute for hand
washing procedures as a part of a good personal hygiene program.
13
..... ('.~...-
Proposed Model Program
September 30,1998
xvm.
Contaminated Wastes
Contaminated wastes generated by a tattoo, permanent cosmetics or body piercing facility
shall be classified into two categories:
(a) Contaminated sharps, which means any contaminated object that can
penetrate the skin including, but not limited to, tattoo needles, permanent
cosmetic needles, piercing needles and razors, shall be eaeapSlollateslIfls
diSj'lssea sfia the trasli. EUlIlBJlles sfaeeeptaNe eaeapsulatisBiBe111de
iilliag the sharps eslltaiaer '\vhh plaster ef paris sr the 1!se sf eemmereial
eaeaflsulatisB systems disposed of in accordance with the Medi'cal Waste
Management Act following an approved method of treatment to render
them non-infectious. Shams containers mav be autoclaved prior to
disposal. Thev must be autoclavable (will not melt under high
heatloressure conditions) and must be marked with an indicator to show
they have been sterilized. Sterilization by autoclave procedures must be
done in accordance with the Medical Waste Management Act.
(b) Other contaminated waste, meaning waste other than contaminated sharps,
which include contaminated gauze, wipes, tissues, unused dyes and inks, .
and other non-sharp(s) used in tattooing, permanent cosmetics, or body
piercing, shall be double-bagged, securely tied and disposed of daily in a
trash container that prevents unauthorized access. This material shall be
disposed ofin an approved site by a general trash hauler (licensed solid
waste hauler).
XIX. Tattooing
(a) Before the procedure is started, the tattooist shall discuss all the topics' on
the LEA-approved information form and the consent form for application
of a tattoo. The client shall fill out and sign the forms. One copy of each
. form shall be retained by the shop; the other copy shall be given to the
. client. The tattooist must also explain all aftercare inStructions and have
the client initial the box on the consent form to indicate that he or she has
received written aftercare instructions.
(b) The tattooist shall not smoke, eat or drink at the workstation or cleaning
room during or between procedures. .
(c) The tattooist shall thoroughly wash hands and forearms with soap and
warm water before and after serving each client, to prevent cross
contamination and/or transmission of body fluids, infections or exposure to
service related chemicals or wastes. Following thorough washing, hands
shall be dried using clean, single use paper towels.
(d) The tattooist shall wear new clean disposable examination gloves for every
client during the procedure. Ifa glove is pierced, tom or contaminated by
coming into contact with any other person or non-clean surface, both
.gloves must be properly removed and discarded. Gloves shall be discarded
after the completion of each procedure on an individual client, and hands
14
'v ~"..~-
Proposed Model Program
September 3D, 1998
(e)
(f)
(g)
(h)
(i)
G)
(k)
shall be washed prior to donning a new pair of disposable examination
gloves. Under no circumstances shall a single pair of gloves be used on
more than one person. The use of disposable examination g1<;lves does not
preclude or substitute for hand washing procedures as part of a good
personal hygiene program.
The tattooist shall use freshly laundered linens or new disposable drapes,
lap cloths, or aprons for each client. All drapes, lap cloths, aprons and
linens shall be stored in a closed cabinet or container. Used disposable
items shall be placed into a closed container that is lined with a plastic bag.
for disposal at the end of the day. Used linens shall be placed into a laundry
hamper lined with a plastic bag.
All substances used in the procedures shall be dispensed from containers in
a manner to preve!lt contamination of the unused portion.
When a work station rinse cup is used alone or in an ultrasonic cleaner, the
cup and solution must be changed after each client.
If spray bottles are used to dispense liquids, the liquid shall be sprayed onto
a single-use wipe rather than directly'onto the client.
Single-use ointment tubes, applicators and supplies shall be discarded after
the tatto.o procedure.
All pre-sterilized instruments to be used in the tattooing procedure shall be
opened in front of the client. .
The use of hectographic or single-service tissue stencils shall be required
for applying a tattoo outline to the skin. The use of acetate or other multi-
use stencils is prohibited.. .
. When the design is drawn free hand, non- toxic markers or other devices
shall be used. .
Individual portions ofinks, dyes or pigments in single-use containers shall
be used for each client. Any remaining unused 4ye or pigment shall be
discarded immediately following the tattoo procedure.
. If inks, dyes or pigments are prepared by the tattooist only non toxic, non- .
contaminated materials shall be used.
Excess ink, dye or pigment applied to the skin during tattooing shall be
removed with a clean single-use paper product.
Immediately, before the procedure is begun, the procedure area shall be
wiped down with an EP A registered germicide or disinfectant or a solution
of two (2) tablespoons of bleach in one (1) quart of water and the
procedure area covered with an uncontaminated paper to:-vel or tray cover.
All instruments and supplies needed for the procedure shall then be
arranged on the paper.
Before placing the design on the skin, the tattooist fIftist shall clean any
area other than the face with germicidal soap, and ifnecessary, shave off
any hair with a new disposable, single-use safety razor, then apply the
stencil. The area shall be cleaned during and after the procedure with an
antimicrobial soap that has been.applied with a single-use JlaJler Jlreehiet
wipe. If sha'Aag is aecessa!)', siagle Hse dispesable Tazers ar safety Ta;!er5
(I)
(m)
(n)
(0)
(P)
(q)
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'.vit.fi single semea blae!es shall be lisee! allEl Eliseare!eel after eaeh lise, 1Ifte!
the re1isaBle aelder shitil be sterilkeel iR &lIlIliteelll-ve after eaeh lise.
Following shaving, the skin and surrounding area shall be washed with an
antimicrobial soap and water or an EP A-approved antiseptic solution
'applied with a clean, single-use llaperllreelliet wipe.
(r) . The stencil shall be applied with the antimicrobial soap or some other
approved product dispensed from a container in a manner that does not
contaminate the unused portion. .
(s) . The tattooed area shall then be covered with clean gauze that is held in
place with a suitable skin tape. . '
(t) .Upon completion of the procedure, aftercare instructionS shall be reviewed
with the client. Aftercare shall consist of both verbal and written
instructions conce!'lling proper care of the tattooed skin. Instructions shall
specify:
(1) Responsibilities and care following the tattoo procedure.
(2) Possible side effects.
(3) Restrictions.
(4) Signs and symptoms of an infection.
(5) Instructions to call a physician ifinfection occurs.
xx. Pennanent Cosmetics
(a) Before the procedure is started, the pennanent cosmetics technician shall
discuss all topics on the LEA-approved client infonnation fonn and the
consent fonn for the application of a pennanent cosmetic procedure. The
client shall fill out and sign the forms. One copy of each fonn shall be
retained by the shop; the other copy shall be given to the client. The
pennanent cosmetics technician must also discuss all aftercare instructions
and have the client initial the box on the consent fonn to indicate that he or
she has. received written aftercare instructions.
(b) The pennanent cosmetics technician shall not smoke, eat or drink at the
work station or cleaning area during or between procedures.
(c) The pennanent cosmetics technician shall thoroughly wash hands and
forearms with soap and warm water before and after serving each client, to
prevent cross contamination and/or transmission of body fluids, infection or
exposure to service related chemicals or wastes. Following thorough .
. washing, the hands shall be dried using clean, single use paper towels.
(d) The permanent cosmetics technician shall wear new clean disposable
. examination gloves for every client during the procedure. If a glove is
. pierced, tom or contaminated by corning into contact with any other
person or non-clean surface, both gloves must be properly removed and
discarded. Gloves shall be discarded after the completion of each
procedure on an individual client, and hands shall be washed prior to
donning a new pair of disposable examination gloves. Under no
circumstances shall a single pair of gloves be used on more than one
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Proposed Model Program
September 30,1998
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(e)
(f)
(g)
(h)
(i)
person. The use of disposablee~tion gloves does not preclude 0:
substitute for hand washing procedures as part of a good personal hYgiene
program. .
The permanent cosmetics technician shall use freshly laundered linens or
new disposable drapes, lap cloths, or aprons for each client. All drapes, lap
cloths, aprons and linens shall be stored in a closed cabinet or container.
Used disposable items shall be placed into a closed container that is lined
with a plastic bag for disposal at the end of the day. Used linens shall be .
placed into a laundry hamper lined with a plastic bag. .; .
All substances, including but not limited to pigments and dyes, used in the
procedures shall be dispensed from containers in a manner to prevent
contamination of the unused portion.
If spray bottles are used to dispense liquids, the liquid shall be sprayed onto
a single-use wipe rather than directly onto the client.
If the permanent cosmetic technician shall Het be rellUired te have IlIl
liltfaseme eleaner aad a heSflital grade sterilizer if ealy uses ONLY
purchased. pre-sterilized individually packaged, sterile, single-use, needles,
needle chambers machine tips, machine casings, and combo couplers. then
an ultrasonic cleaner and a hospital 2rade sterilizer shall not be required. .
are 1:Ised. If any iHstll:lmellts non-disposable comoonents of a manual
devise. rotary pen. or traditional coil machine are re-used, they must be
cleaned in an ultrasonic cleaner and sterilized in a hospital grade sterilizer
following the manufacturer's instructions. Liouid sterilants shall not be
used for sterilizine any ie-usable instruments or components.
If a manual device is used, it shall be single use and. disposable. The device
shall be sterilized before use, and discarded in asharps container at the end
ofthe procedure.
The use of some rotary pens (also called cosmetic machines) is permitted.
Any rotary pen that uses a sponge at the opening of chamber to stop the
pigment or body fluids from getting into the machine or is designed in a .
manner that doesn't allow it to be properly cleaned and sterilized shall not
be permitted.
Only rotary pens that have detachable, disposable, sterile combo couplers
and detachable, disposable or autoclavable casings that .can be cleaned and
sterilized can be used. Pre-sterilized needles shall be used in all .
procedures.
The use of any traditional coil machine shall be permitted providing the
permanent cosmetic technician has a shop with an ultrasonic cleaner and
hospital grade sterilizer to clean and sterilize the needles and needle bars,
and the needle tubes.
Disposable sterile machine tips, combo couplers, needles, needle chambers,
and casings shall not be re-used.' .
Fresh pigment and disposable pigment contamers shall be used for each
client. Used pigment and pigment containers shall be discarded after each
client.
G)
(k)
(I)
(m)
(n)
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Proposed Model Program
September 30,1998 .
XXI.
(0)
(P)
Immediately, before the procedure is begun, the procedure area shaIl be
wiped down with an EP A registered germicide or disinfectant or a solution
of two (2) tablespoons of bleach in one (1) quart of water and the. .
procedure area covered with an uncontaminated paper towel or tray cover.
All instruments and supplies needed for the procedure shaIl then be .
arranged on the paper.
Before application of permanent cosmetics, where feasible. the immediate
and surrounding area of the skin where the cosmetics are to be applied shaII
be washed with an antiinicrobial soap and water or an EP A-approved
antiseptic solution applied with a clean single-use peper prasuet wipe. If
shaving is necessary, a new single-use disposable razors ar safety f&i!lBrs .
w4th single senoiee Blades shall be used and discarded after each use lIBS the
reusllBle hoMer shall Be sterilized ill lIB lIlItaela-veefter eaell use. Following
shaving, the skin and surrounding area shaIl be washed with an
antimicrobial soap and water or an EP A-approved antiseptic solution
applied with a clean single-use peper preehlGt wipe. .
. . All disposable items such as cotton baIls, Q-tips, tissue, water cups, new or
used that have come into contact with the procedure table/chair, or work
area shaII be discarded into a closed container lined with a plastic bag and
removed at the end of the day.
After the procedure a thin coat of antibiotic cream or sterile petroleum jelly
may be applied using a fresh Q-tip,. cotton ball or sterile applicator:
Upon Completion of the procedure, aftercare instructions shall be reviewed.
Aftercare shall consist of both verbal and written instructionS concerning
proper care of the skin. The instructions shall specify:
(1) Responsibilities and care foIlowing a permanent cosmetic
procedure.
(2) Possible side effects.
(3) Restrictions.
(4) Signs and symptoms of infection.
(5) Instructions to caIl aphysicianifinfection occurs.
(q)
(r)
(s)
Body Piercing
(a)
Before beginning any body piercing procedure, the body piercer shaIl
discuss the risks and responsibilities required in the particular piercing with
the client. The client shall fill out and sign a client information form and
the consent form for body piercing. One copy of each form shaIl be
retained by the facility and the other copy shall be given to the client. The
body piercer must also explain aftercare instructions and have the client
initial box on the consent form to indicate that he or she has received
written aftercare instructions.
The body piercer shall not smoke, eat or drink at the work station or
. .
cleaning room during or between procedures. The client may consume a
pre-packaged beverage or candy.
(b)
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Proposed'Model Program
September 30,1998
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(c)
(d)
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(f)
The body piercershall thoroughly wash hands and forearms with soap and
warm water before and after serving each client, to prevent cross
contamination andlor transmission of body fluids, infection or exposure to
service related chemicals or wastes. Following thorough washing, the
hands shall be dried using clean, single use paper towels.
The body piercer shall wear new clean disposable examination gloves for
every client during the procedure. If a glove is pierced, torn or '
contaminated by coming into contact with any other person or non-clean
surface, both gloves must be properly removed and discarded. (iloves shall
be discarded after the completion of each procedure on an individual client,
and hands shall be washed prior to donning a new pair of disposable
examination gloves. Under no circumstances shall a single pair of gloves
be used' on more t1)an one person. The use of disposable examination
gloves does not preclude or substitute for hand washing procedures as part
of a good personal hygiene program.
The body piercer shall use freshly laundered linens or new disposable dental
bibs or dtapes for each client. All drapes, dental bibs, and linens shall be '
stored in a closed cabinet or container. Used disposable items shall be
placed into a closed container that is lined with a plastic bag for disposal at
the end of the day. Used linens shall be placed into a laundry hamper lined
with a plastic bag. '
All body piercing needles shall be single use, sterilized disposable piercing
needles slightly larger or ofthe same gauge as the jewelry or ornaments to
be inserted, and disposed of immediately after use in a sharps container.
All instruments, as defined in Section 2, shall be properly cleaned and
sterilized in bags with color indicator strips. Each bag shall be dated and
initialed by the person preparing the instruments. .
All forceps, hemoStats, tubes, etc. shall be properly cleaned and sterilized in
individual bags using a Department approved sterilizer.
AU non-steri1izable implements such as calipers shall be nonporous and
disinfected after each use with an appropriate disinfeCtant. ' '
Only pre-sterilized jewelry or ornaments in new or good cOndition shall be
used for piercing. Ear studs or other jewelry designed for ears shall not be
used in other parts of the body. '
Only jewelry made of implant grade, ASTM F138 and ISO 5832-1 implant
grade stainless steel, solid 14K through 24K gold, niobium, titanium, ,
platinum or other materials IlflfJrO'led BY the LE!. found in the future to be
equallv bio-compatible. shall be used in newly pierced skin.
Immediately, before the procedure is begun, the procedure area shall be
wiped down with an EP A registered germicide or disinfectant or a solution
of two (2) tablespoons of bleach in one (1) quart of water and the
procedure area covered with an uncontaminated paper towel or tray cover.
All instruments and supplies needed for the procedure shall then be
arranged on the paper.
(g)
(h)
(i)
(j) ,
(k)
(I)
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proposed Model Program
September 3D, 1998
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(n)
XXII.
Before piercing, the immediate and surrounding area ofth~ skin w}rlch is to
be pierced shall be washed with an EP A-approved anti~eP:lc solutJon
applied with a clean, single-use paper product. ~ sh~vmg IS n:cessary,
single-use disposable razors, or safety razors with smgle-servlce blades
shall be u~ed and discarded after each use and the reusab.le holder ~halI be
sterilized in an autoclave after each use. Following shavmg, ~e s~ and.
surrounding area shall be washed with an EP A-approved antiseptic solution
applied with a clean single-use paper produ~. . .
Upon completion of the piercing, the body plercer shall reV1e~ yerbal and
printed instructions to the client onthe care of the body ope~g creat~ by
the piercing to minimize the likelihood of infection. Aftercare instructIOns
shall specify:
(1) Care specific to the site of the piercing. . . .
(2) Information regarding tightness to prevent aCCIdental mgestlOn or
imbedding of certain jewelry if appropriate.
(3) Restrictions.
(4) Signs and symptoms of infection.
(5) Instructions to consult a physician if infection occurs.
Enforcement and Violations
(a)
Impoo~mt~~pmm~IroWmm~~g.mm~
(1) A1ry ready-ta-use dye, ink, iroWment, implement or foond to be,
or suspected of being toxic,' unsanitary or contaminated, shall be ,
impoonded or discarded
(2) Such impoonded materials shall have an impoond notice attached
that can be removed only by the Enforcement Officer.
(3) No dyes, inks, instrument, implement or equpment shal/be used .
unless the impoo~ent has been released
(4) Within thirty (30) days, the Department shall commence
proceedings to release the impoonded materials or to seek
administrative or legal remedyfor its disposition.
Violation Of Article; Punishment
Any person who violates Q1ry provision of these standards is guilty of a
misdemeanor. Each offense shall be punished by a fine or by
imprisonment in the coonty jail for a term not to exceed six months, or by
both fine and imprisonment. .
Violations By Employees; Separate Offense .
(1) The owner, manager, or operator of any tattoo, permanent
cosmetic, or body piercing shop is responsible for 01ry violation by
an employee of 01ry provision of these standards.
(2) Each day the violation occurs shall be a separate and distinct
offense. .' .
Violations In Shared Shops
(b)
(c)
(d)
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Proposed Model Program
September 30,1998.
A violation of any provision of these standards relating to establishml!nts
held in common 'or shared by more than one tattoo~ permanent cosmetic,
or body piercing shop shall be deemed in violation for which the owner,
manager, or operator of each shop is responsible.
XXIIL. Permit Suspension, Revocation, Reinstatement
~ ~~Th~~ry .
(1) Whenever the Enforcement Officer finds that a tattoo, permanent
cosmetics or body piercing shop is not in compliance with the
requirements of these standards, a written notice to compry shall
be issued tq the permit holderand/or registrant.
(2) If there is afailure to compry, the Enforcement Officer shall issue
to the permit holderand/or the registrant, a notice of violations .
. and inform himlher of the right to a hearing.
(3) A written requestfor a hearing shall be made by the permit holder
or registrant within fifteen (15) calendar days after receipt of the
. notice. Afailure.to request a hearingwithinfifteen (15) calendar
days after receipt of the notice shall be deemed a waiver 01 the
right toa hearing. When circumstances warrant, the hearing
officer may order a hearing at any reasonable time within this
fifteen day period. .
(b) Hearing
The hearing shall be held within 1 5 calendar days of the receipt of a
request for a hearing. Upon written request of the permit holder, the
hearing officer, desimated bv the local Health Officer or Director or
Environmental Health. may postponeany hearingdate.
(c) Duration .
(1) Arry permit may be suspended or revoked by the Enforcement
Officer for a violation of these standards. .
(2) . Arry tattoo, permanent cosmetic, or body piercing shop for which
the permit has been suspended shall close and remain closed until
the permit has been reinstated by the Department.
(3) Arry person whose registration has been suspended or revoked
shall refrain from peiforming any tattoo, permanent cosmetic, or
body piercing services until their registration has been reinstated
or reissued by the Department.
(4) Any shop for which the permit has been revoked shall close and
remain closed until a new permit has been issued
(d) Temporary Suspension as a Result of Imminent Public Health Threat
(1) Imminent danger to the public health and safety means any
condition, based upon inspection findings or other evidence, that
can cause infection, disease transmission, or hazardous conditions,
including but not limited to, improper sterilization procedures,
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Proposed Model Program
September 30,1998
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cross contamination of inks, dyes, instruments and implements with
blood or body fluids, or improper sanitaffon that can cause disease
transmission.
(2) If mry imminent threat to the public health or sqfety is found.
unless the threat is immediately corrected, the Enforcement Officer
may temporarily suspend the permit and order the tattoo,
permanent cosmetics or body piercing shop immediately closed
(3) Whenever a permit or registration is suspended as a reSult of an
imminent danger to the public health or sqfety, the Enforcement
Officer shall issue to the permit holder or registrant, a notice
settingfort!;z the acts or omissions with which the person is
charged, specifying the pertinent standard section,andinforming
the permit holder of the right to a hearing. . .
(4) At mry time within J 5 calendar days after the service ofa notice
pursuant to. subdivision (B), the permit holder or registrant may
request in writing a hearing before hearing officer to show cause ..
why the suspension is not warranted The hearing shall be held
within J 5 calendar days of receipt of the request for a hearing. A
failure to request a hearing within J 5 calendar days shall be
deemed a waiver of the right to a hearing.
XXIV. CaVOSHA
Where tattooing, application of permanent cosmetics, or body piercing involves an _
employer-employee relationship, the caVOSHA Bloodbome Pathogens Standard, General
Industry Safety Orders, Section 5193, Title 8, California Code of Regulations may apply.
Nothing in these standards is intended to conflict with or preclude the application of or
compliance with that standard..
xxv.
Severability
In the event any particular clause or section of these standards 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 standards are.
declared to be severable.
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