Loading...
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. - '--'~---"-'--~ -------..---...---- "n~"'~"'_"'''''''''",_~__ 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. ------- --~_.~..-..,----,--,-_.,._- 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. -..-----.--.- .,-..,.__0__. 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. ~ ! ~t1J>> 0J- KELLY W TMpRE, DIRECTOR OF ADMINISTRATIVE SERVICES/ i/ DEPUTY CITY CLERK -.--------_..- - , -, .. -, 'u,'. '. ::,~~.:;....'~ '. ~.:.~ 'i', :," ::>. , ,. .. J.,:... ..';, ':.,:..., '. .. ..;.~ .~:~. ". .:..: ' .~.,.. .. ..". .:.. '._:. -:- ,,:,~_,~'.:i:,,:'j,'!4:.;...,... . . : ~:..' _' .;:' "\.~"~ "'.'~~::'~-.:~:::' _ Trled and Tru'eTattoo, 1037 E Gra~1Ave~~~rpY9 (;f~npe;~~~ - '. .', .~.' . . 805~4.81-9400 . " - .' .-~_.-....",,;=';'n'~-"""'-"""~'7 " ~m~';""'Contact. Gary Ellsworth '805~801 ~956'''~'''''','''"'=:~--.'m..~. >- " - . ~'~~.~l:..:~;.r;'~~'~I~~J.2?~~.~'~~~5~7:~;:{;:?~:' ~:.. ~:~~:.:- '.' ':-'.~ . ~. ,. ~ ..... ::."~'_~~~;' ::.:.:"' :._~.... .... ~~:..: :.: :".~ _....~.. :;~ ~?-. r?;::.:~~.~::;~:~~:~~;.~~~':~~:-':.: :.':' . -.. ,- +'" ~ .:;,.... , I I I - . '.-. .~. .. .. - ~. -.. -. -- '. - - ,. -' - '. . ,~' ....h ..- - '. <> 0 . .' Lobby a a . '. appro~ 14'WXB.5' L . . , , Center . WorK StatiO aisle " approx 3'wide appro SW X S'L 5WX~ 'L 0 0 , Cente aisle workStJion Work Statio 3'widE approx appro 5W X S'L 5WXf L ::> 0 .:':':,.~:'"!o';' -:.~';r: ;.-:,;:-.:'::::. ~~. ,~(~:;-.:- ~,-';_:;'~E -, ...-.'. ~~~=:r.,~~;-t "...... -.'.-._'..:-..' .' " .", 81R ,~_._.'-'..' 4wX4.5d .~ $'.'-;';' .'--=.~ vX45d -~~~ 95 ~~w .~~~. : ~;;'-.,: ".:-:'.h'_ ~. : .... .. ... ~ ;: II " 'I I, , , I I I I I I I I , Exhibit B .. - - -. -... .- ....,.-:.-.. Red lines iriaicate partition. walls. . .. .. _._... ....- ..., - Walls will be 4811 tall, framed with - . - 2x4's, nail~d with 16dnails~ studs o'n center at 16". Walls will be covered With 5/8" dryWall attached with 1-1 /4" drywall screws. Walls will be anchored to floor with standard shot pins every 16/1, and to outei)wall with t lag bolts . - 'Wall dimensions: Walls extending from outer wall will beS6" wide Walls running parellel to building in middle of floor will be 4' long. Walls running parellel to building towards back of floor will be 2'long. All walls will be 48" tall .. ---..... ..'..._-... ,) ~\ (. \ Tried and True Tattoo, 1037 E Grand Ave, Arroyo Grande, CA 93420 805-481-9400 Contact: Gary Ellsworth, 805-801-4956 ~ L_ -'~'mj~~~~ 'j ;) - B/R 4wX4.5d 9.5 X4.5d o Green lines indicate new track lighting layout which will replace existing 8' flour. . fixtures. Tracks runn;ing parallel to the building are 12' long. These tracks are placed 3' from the side walls and 4' from the rear wall. There is an additional track, 8' long theat parellels the angle og the front wall of the unit. It is placed approximately 6' back from the front wall I o. I o Green circles incicate ceiling fan placement. Fans wil be on 6" downrods. Small circles along walls indicate outlets. . I} !} ,':.-:<r" ..'~ ,'l.;~~1n: }~~E~' :f~ ~ w .1.:) ~lrJ <(N I.:) x w \;(~ :>;; 0:: "- 0~1.:) zaz <(I-~W O::::J 0 0:: 1.:)0-,0 WCOUI- ",_OVl '<l"I-W OUVl ~<(::J ~ ~ .tff<<i wx Q ~ ~Co O::N '/:<i:r:' ,.... ':.'....;".,':.,.:.;<;.,.,.,.i~:-. ,.... "". ;::, - " . - ":;~.'.::.:.::.Y:..; :, :-:~:,~ ,- :' - . " . :..'.',;.,...'..'-J."...~.-~.;i....::.-.:::,.. .~~:';;.:,"::::F~ . ,. ',..... - ~1ii&lfk:{'i::i;'5;i;t, w ..,}~~~iW..:..:M,;.,:...i,.. f.,!,',:,.':.' ,f,~,.;~.~..,~,..~,.f... :1:....,:,."..,: ..' .,:.;Ij:' .' .... . .. . .,:-.:..". -. .:.:~..'..'..'..._..;.....:.o:<(,:: :~~~:::.~.;;.".~~,~~,~.:.,t,::...,-:~,.:...~..r,.._:.-~~,~ t. , "._ ..~'-.::.-"~:~.::.-'~::.,"i;.-,<; _, _ '. . ._ ._ .' - _._..J '.... . ',," ',.'-" . .'" - '.: ..- -,,,.. ".:.:- ":: Q..' . :.:;:._,:~~,::;:~~r.:.:.,;:::;...,~..:{_:;,:~.;- }E;;:i~::e}~C~,T':', '"",., . o. . .. . :.~:.\:.:~. ~:.'::.,~.'.j~,;',",~,).' (;",i;j:;i~~~~i:,~.;"'/:'--:' ,.," ,""', ..e.~i ';;,~.. "" '''';:". .' ,~:~:I. Vl,.'>:.'.~"',;':.:. ~ .::'~::'~:",:;~~$'f,..;~ts.'.; ~ .' !" 0 W ' . co" -"-""'-'''~'~t<. ~ b';"'I'~~""c~"'N'''.'iO ., ld3(jill3~lllN"""OO ~ ~ ':-"";'7"0-';'.-. ".:,..'-':<, ~~:~""z?,:'-;~-w';;' '-""3dNvH~IDt)}:OllW-gO AlI:::J ~.~ ;~!I i<~~~'" ,::-{~~;~;~'~~'-'~;-",~ "-::';':;i?fO~Ij;[[:~3J 0- .' N"- '/.-Cl3i\1333ct ~:).,:. . .-, -.." - '."' <-::.::'.:-~'-.:"~~~:~.'.;:. '::::.';.'::;:. :',-;,.. >i ;_~' I, .:'. .; ;'~;'. ,.,- ';"-;,-.." ",\" _c ~o~ o::wx giJi~ <( N Vl ~ " '':.:--" <( W 0:: <( o W :i( 0.; z o z A311V SE "'--':':.'," ,0 Z""~ ;2~~li! ~...J:r:o W~ot; -<--'. ;g....u ~ .~." ',-.,-, ':.l.::'\,"-' '"'''".'.", ',.;',",. ',.-'.-> "'r': ,...,;: .".-"-,... c-:~ .... ". "-. '.-" .__'.._ u_._ '.":~-,.' o Cl. zo 0 <00:J: Q:=>wVl C)<eoa: W _- O\~>cf: a< ~ '~;~-<'l. ';,.--~. ," '. ~k4.':;.~~~'4; I! o 0 Zoo <z... "'<0-, <:l0i'S WWW ....-:::> ...."'''' 0...... JallV SE ,""".'",-, N ... x ~ b ... '" '" x ~ .... W o 3: a ~ '" .... x ~ b N W. ~ W o z <( 0:: I.:) ui Z o :><: -' ~ W o Vi \0 "" x ~ In ~ W' ot-= u. z-~<( <(zo::u O::::Jwti:; ~~~z """-00:: ",,:2;u.w ow I- ~~ Z m '<l" X ~ ~ N I;:; <( W ~ ~'W s:0 w3: >- ocN o <> . . '. .~~'.~ 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. '. , , 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) 2 'I .' 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 " 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 rl 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. . 1Tb AIDslt:lm RBlI Crus bas 12.J1om' ClIID'SlI8lltItl8lI"Pl'8nutiJII DIsnas8 Transmlsskm. ClIlIrsI 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) 15 V \..__ Proposed Model Program september 30,1998 I I il I 'I ,I I I '.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 16 "..,." ~ ~ ,,-d Proposed Model Program September 30,1998 ~ :1 I (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) 17 r'\...'-~ I. <~.;. . 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) 18 v..... '0"';' Proposed'Model Program September 30,1998 I' :1 I , I (c) (d) ,I (e) (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) 19 .,'l' proposed Model Program September 3D, 1998 (m) '\ '[ I , , (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) 20 '-,. .~ ,/ i I , . I I I I I I I 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, 21 ...;Iy. ~'. . '.:'/ Proposed Model Program September 30,1998 I II I' I I I 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. 22