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Establishments that specialize in tattooing, body piercing and permanent makeup are becoming more and more popular. In response to this, municipalities are adopting legislation to license and regulate these establishments to ensure that certain safety standards and sanitary regulations are being adhered to. This legislation includes definitions of "body piercing," "tattoo," "branding" and "permanent makeup." Licensing requirements are set forth, including annual fees. Current health certificates are mandated. Operators must keep complete records on all clients. The treatment of minors is also addressed. The sanitary requirements are quite specific, including sanitation of equipment and disposal of waste. There are detailed requirements for operators as well. Regular inspections are provided for. The penalties are hefty, and establishments may be shut down if they are found to be unsafe. Even if this type of establishment has not appeared in your area, you may want to consider having legislation on the books.

Mount Ephraim, B. NJ: Ch. 88

Hudson, T. NH: Ch. 304

Rehoboth Beach, T. DE: Ch. 6, Art. VIII

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Mount Ephraim, B. NJ

[HISTORY: Adopted by the Board of Commissioners of the Borough of Mount Ephraim 4-9-1998 by Ord. No. 660. Amendments noted where applicable.]

Licensed occupations -- See Ch. 64.
Licenses and permits -- See Ch. 64A.

§ 88-1. Definitions.

BODY PIERCING -- Piercing the skin for the express intention of insertion of any object, including but not limited to jewelry; provided, however, that the piercing of the lobes of the ears shall be specifically excluded from the purview of this chapter.

CERTIFICATE OF INSPECTION -- Written approval from the County Health Officer or his authorized representative that said tattooing and/or body piercing establishment has been inspected and meets all of the terms of this chapter.

CERTIFICATE OF REGISTRATION -- The certificate held by an operator upon registration with Camden County Health Department by meeting the required provisions of this chapter.

COUNTY HEALTH OFFICER -- The Camden County Public Health Coordinator or his authorized representative of Camden County Department of Health and Human Services.

ESTABLISHMENT -- The premises wherein tattooing or body piercing is performed.

OPERATOR -- Any individual, firm, company, corporation or association that owns or operates an establishment where tattooing or body piercing is performed and any individual who performs or practices the above on the person of another.

TATTOO, TATTOOED or TATTOOING -- Refers to any method of placing designs, letters, scrolls, figures, symbols or any marks under the skin with ink dye or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to puncture the skin.

§ 88-2. Business licensing; operator registration.

1. It shall be unlawful for any person to engage in the business of operating an establishment where tattooing or body piercing is performed without first obtaining a license from the Clerk of the Borough of Mount Ephraim to engage in such business in accordance with the provisions hereof. Also, it shall be unlawful for any operator to engage in the practice of tattooing or body piercing without first obtaining a certificate of registration from the Camden County Health Department.
2. Persons applying shall submit to the Camden County Health Department a medical certificate issued by a physician duly licensed to practice medicine and surgery in the State of New Jersey stating that the prospective licensee or registrant is free from all contagious or communicable diseases or conditions which may endanger the health of the client.
3. Municipal license.

(1) The annual license fee for engaging in the business of operating a tattooing and/or body piercing establishment within the Borough of Mount Ephraim shall be $50 per year. Any person, firm or corporation desiring to engage, or presently engaged, in the tattooing or body piercing business shall first apply to the Clerk of the Borough of Mount Ephraim, in writing, on forms supplied by the Clerk of this municipality for said purpose. The application to the municipality shall be accompanied by the license fee and shall set forth the following.

(a) Name and address of the applicant.

(b) Local and permanent addresses and telephone number of the applicant.

(c) Name, local address and telephone number of the manager of the business, if different from applicant.

(d) If the applicant is a corporation, the name and address of its registered agent.

(e) Federal employer identification number, if applicant is a corporation, partnership or firm; Social security number if applicant is a sole proprietorship.

(f) Certificate of inspection and certificate of operator registration issued by the Camden County Health Department as parts of the application documents.

(2) All licenses shall expire on the last day of each calendar year. Any change of ownership shall require a new application and license with payment of fees therefor. Each tattooing and body piercing business license issued by the Clerk of the Borough of Mount Ephraim shall contain a license number, and no such license shall be transferable. If a renovation of the tattooing or body piercing establishment is anticipated after acquisition of the annual license, plans must be submitted to the Camden County Health Department, and the applicant will be required to comply with the provisions of this chapter.

4. Operating registration. An applicant shall submit a floor plan of the establishment to the Camden County Health Officer prior to initiation or construction and shall receive a preopening inspection. All establishments shall be subject to a periodic compliance and/or annual inspection by the Camden County Health Department. Every operator shall be registered with the Camden County Health Department and shall acquire a certificate of registration upon payment of a fee prior to business operation or practice. Fees for a plan review, inspections and operator registration shall be payable to the county and established by the Camden County Board of Chosen Freeholders. These fee schedules are available from the Office of the County Health Officer.
5. Nothing in the foregoing shall be construed so as to affect the practice of medicine and surgery or any other recognized profession or occupation by a person duly licensed by the State of New Jersey to engage in such practice, profession or occupation and whose license would lawfully authorize the tattooing or body piercing.

§ 88-3. Written authorization for minors; standards and requirements of applicants; advertising.

1. It shall be a violation of this chapter for anyone or any tattooing or body piercing business to tattoo or pierce the body of an individual under 18 years of age without written authorization signed by the parent or legal guardian as witnessed by the operator. The operator shall be responsible for maintaining the original consent form for a period of two years beyond the recipient's 18th birthday.
2. If the applicant is suspected to be under the influence of alcohol, drugs or any other behavior modifying substance, the operator must refuse the applicant.
3. Inquiry shall be made for anyone with a history of recent jaundice, hepatitis B or HIV/AIDS, and the person shall not be tattooed or body pierced.
4. Each person wishing to be tattooed or pierced must fill out an application which will include the name, date of birth, address and telephone number of the client as well as the design and locations of the tattoo(s) or piercing(s). The operator shall verify applicable information from a valid photo ID of the applicant, and it shall be so noted on the application. All records regarding tattooing or body piercing are to be maintained for a minimum of two years.
5. No person or operator shall state or imply in any advertisement that the tattooing or body piercing establishment is endorsed or approved by the Camden County Health Department in compliance with terms of this chapter.

§ 88-4. Sanitary requirements of facility.

1. Each tattooing and/or body piercing facility shall have a bathroom accessible to the client and staff. Each bathroom shall be equipped with a commode and a sink with the sink being connected to hot and cold running water. Soap and sanitary towels, or other approved hand drying devices, shall be available at the sink at all times. Common towels are prohibited. In addition to the above, each tattooing or body piercing cubicle or work station must be provided with a sink connected to hot and cold running water. This area shall also be provided with soap and appropriate hand drying devices.
2. The chair, seat or exam table reserved for the person receiving the tattooing or body piercing shall be of a material that is smooth and easily cleanable and constructed of material that is nonabsorbent. Any surfaces on the chair, seat or exam table that become exposed to blood or body fluids must be cleaned and sanitized prior to use by the next customer.
3. The work table or counter used by the operator shall be smooth and easily cleanable and constructed of material that is nonabsorbent. There shall be a covered junction between the table/counter and the wall if the table/counter is to be placed against the wall. This table/counter must be cleaned and sanitized or use single-use disposable sheets, utilizing a method approved by the Camden County Health Department, between customers.
4. The walls in the tattooing or body piercing area shall be smooth and easily cleanable and constructed of nonabsorbent materials. Floors shall be kept clean.
5. Lighting within the tattooing or body piercing area shall be adequate so as to provide a minimum of 100 footcandles in all areas.
6. The work area reserved for the tattooing or body piercing shall be not less than 100 square feet and shall be separated from other areas of the establishment by walls or durable partitions extending at least 6 feet in height.
7. Any surfaces in the establishment that become exposed to blood or body fluids must be cleaned and sanitized using a method approved by the Camden County Health Department.
8. Products used in the cleaning, sanitizing and sterilizing procedures must be clearly marked and stored in an acceptable manner. Smaller working containers filled on site from larger containers must be clearly marked with the name of the product.
9. Proper waste receptacles shall be provided and waste disposed of at appropriate intervals.

§ 88-5. Tattooing and body piercing practices.

1. Tattooing or body piercing operators.

(1) All operators while performing services shall neither be under the influence of alcohol or drugs nor be infected with hepatitis B, HIV/AIDS, contagious dermatitis or any other communicable disease.

(2) Hepatitis B preexposure vaccination or proof of immunity is required for all operators. If a person cannot obtain the vaccination for medical reasons, he/she shall submit to the Camden County Health Department a letter from his/her physician certifying that the individual does not have hepatitis B and vaccination is contraindicated. This certification shall be annually renewed. Any accidental needle stick injury shall be immediately reported to the Camden County Health Department.

(3) All tattooing or body piercing operators shall attend a training program sponsored by the Camden County Health Department to assure basic knowledge on sterile technique and universal precautions.

(4) Before working on each patron, each operator shall scrub and thoroughly wash his/her hands with hot water and antiseptic soap. The hands shall be dried with individual, single-use towels. Fingernails shall be kept clean and short.

(5) Disposable vinyl or latex gloves shall be worn by the operator during tattooing or body piercing preparation and application to prevent contact with blood or body fluids. Universal precautions as described by the United States Centers for Disease Control and Prevention (CDC) shall be followed. All materials shall be disposed of in accordance with waste disposal provisions of this chapter after contact with each patron. Hands shall be washed immediately after removal of gloves. Any skin surface that has contact with blood shall be washed immediately.

(6) Immediately after tattooing or piercing a patron, the operator shall advise the patron on the care of the site tattooed or pierced and shall instruct the patron to consult a physician at the first sign of infection. Printed instructions regarding these points shall be given to each patron by the operator.

(7) All infections resulting from the practice of tattooing or body piercing which become known to the operator shall be promptly reported to the County Health Officer by the person owning or operating the body piercing establishment or by the operator.

2. Skin preparation.

(1) Tattooing or body piercing shall be done only on normal healthy skin surface that is free of cuts, wounds, rashes, boils, pimples, moles or infection, or manifests any evidence of unhealthy conditions.

(2) Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to the waste disposal procedure of this chapter after each use and a new blade used for each patron.

(3) Following shaving, the tattooing area shall be thoroughly cleansed and scrubbed with tincture of green soap or its equivalent and warm water. Before placing the tattoo design or body piercing on the patron's skin, the area shall be treated with 70% alcohol and allowed to air dry. A single-use sponge shall be used to scrub the area.

(4) Only petroleum jelly (U.S.P. or National Formulary) or antiseptic ointment shall be applied to the tattoo area prior to tattooing. The ointment shall be applied in a sanitary manner, disposing of the utensil after spreading. Collapsible tubes of ointment or jelly may also be used.

(5) Design stencils shall be thoroughly cleansed and rinsed in an approved solution for at least 20 minutes or disposed of following each use.

(6) Only nontoxic dyes or pigments may be used. Pre-mixed sterile materials are preferred. Pre-mixed dyes shall be used without adulteration of the manufacturer's original formula. It shall be the responsibility of the operator to provide certification to the Camden County Health Department of the nontoxicity of the dyes or inks at the time of license application and renewal.

(7) No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, birthmark, scar or tattoo.

(8) Ear piercing guns may not be used for body piercing but may only be used for piercing of the ear lobes.

3. Needles, instruments and supplies.

(1) All clean and ready-to-use needles, gloves, gauze and instruments shall be kept in a closed glass or metal case or storage cabinet while not in use. Such cabinet shall be maintained in a sanitary manner at all times.

(2) Single-service sterilized needles shall be used.

(3) If needles and needle bars are to be reused, these items shall be steam sterilized (autoclave) before reuse on any customer. Any other method of sterilization shall be approved by the County Health Officer.

(4) The sterilizer shall be well maintained with a tight-fitting gasket and a clean interior.

(5) The manufacturer's operating instructions and the sterilization specification shall be at hand. The operation of the sterilizer shall conform to the manufacturer's specifications with regard to temperature, pressure and time of the sterilization cycle.

(6) Proper functioning of sterilization cycles shall be verified.

(7) Each item to be sterilized shall be individually wrapped using a chemical indicator or strip to verify steam exposure.

(8) Any needle that penetrates the skin of the operator shall be immediately disposed of in accordance with the waste disposal procedure of this chapter.

(9) If the primary source of sterilization malfunctions, the County Health Officer shall be notified within 24 hours. In an emergency situation, the Camden County Health Officer may approve alternate sterilization techniques.

4. Disposal of wastes.

(1) Needles shall not be bent or broken prior to disposal. Operators shall take precautions to prevent puncture injuries from contaminated needles. Needles shall be disposed of directly into a solid puncture resistant container.

(2) These medical wastes shall be disposed of by an authorized contractor as per the New Jersey Department of Environmental Protection's regulation.

(3) If blood contaminated gloves, gauze and other materials are sterilized by autoclaving, these wastes can be placed for off-site waste collection.

§ 88-6. Closure of establishment.

§ 88-7. Violations and penalties.

1. Any person, partnership, firm or corporation who violates any section of this chapter shall be subject to a fine of not less than $250 nor more than $1,000 for each violation of this chapter or imprisonment in the county jail up to 90 days, or both. Each day that the violation exists is considered to be a separate offense.
2. Reasonable counsel fees incurred by the Camden County Health Department in the enforcement of this chapter shall be paid by the defendant. The amount of such reimbursable fees and costs shall be determined by the court hearing the matter.
3. In addition to being subject to the penalties provided herein, any license or certificate of registration issued under this chapter may be revoked or suspended for any intentional misstatement in any application or for any violation of this chapter. No license shall be revoked or suspended until the licensee has been afforded a hearing. Notice of the filing of a complaint which seeks to suspend or revoke any license or certificate of registration issued under this chapter shall be served on the defendant personally or on the person designated to receive service of this chapter. This notice will establish a date for a hearing to be held not more than 10 days from the date of such notice, at which time the defendant shall have the right to be represented by counsel, call witnesses, cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to ensure due process. Should any license or certificate of registration be revoked or suspended, no part of the license or registration fee shall be returned.

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Hudson, T. NH

[HISTORY: Adopted by the Board of Selectmen of the Town of Hudson 2-28-1995 as Ord. No. O95-03A. Amendments noted where applicable.]

§ 304-1. Authority.

1. This chapter has been enacted by the Health Officer and approved by the Board of Selectmen for the Town of Hudson, under the authority granted in RSA 147:1, Local Regulations, NH RSA 31:39M, effective July 1, 1989, and amended August 14, 1989, with an effective date of October 14, 1989, and by the authority set forth in RSA 314-A, effective July 1, 1994.
2. The purpose of this chapter is to protect the safety, health and welfare of the general public and not to protect the personal or property interest of individuals. Nothing in this chapter shall be deemed to be the making of a promise or the undertaking of a special duty towards or relationship with any person who gets a tattoo or is body-pierced; nor shall the provisions of or failure to provide such licenses or to undertake particular inspections or types of inspections be deemed to create a special relationship or duty towards any person upon which any action in negligence or other tort might be founded.
3. This chapter is based on the following legislative findings:

(1) There is a risk of harm to the public from the practice of tattooing, including the application of permanent makeup by tattooing, and from body piercing. The risk arises from the characteristics of these practices, the characteristics of clients served and the characteristics of the workplace environment and supervisory practices.

(2) Tattooing and body piercing are invasive procedures in which the skin is penetrated by a foreign object. If proper sterilization and antiseptic procedures are not followed by tattooists and body piercers, there is a risk of transmission of blood-borne or other infections.

(3) Tattooing and body piercing may cause allergic reactions in persons sensitive to dyes or metals used in ornamentation.

(4) The public can be protected from this risk by requiring the use of universal precautions related to the transmission of blood-borne infections and by disclosure requirements to facilitate informed choice.

§ 304-2. Definitions.

BOARD OF HEALTH -- As defined in NH RSA 128:3, whereas the Health Officer shall be the Secretary and Executive Officer of and with the Board of Selectmen, shall constitute the local "Board of Health" for the town.

BODY PIERCING -- The technique whereby various body parts are pierced and surgical steel rings or studs are inserted. Body sites may include, but may not be limited to, ear, nose, cheek, tongue, navel, forehead, nipples and genitals.

BODY PIERCING ARTIST -- Any person who actually performs the work of body piercing.

BODY PIERCING ESTABLISHMENT -- Any room or space where the body piercing is practiced or where the business of body piercing is conducted, or any part thereof.

BODY PIERCING OWNER OR OPERATOR -- Any person who controls, operates, conducts or manages any body piercing establishment, whether actually performing the work of body piercing or not.

BRANDING -- The technique whereby a heated metal form is placed on the skin for the purpose of inducing permanent scarring in the shape of the design attached to the end of the branding iron handle.

CERTIFICATE OF INSPECTION -- An inspection report made by the Health Officer or his/her duly appointed agent prior to issuing a body piercing and/or tattoo establishment license indicating that the establishment complies with the requirements of this chapter.

COMMUNICABLE DISEASE -- Any disease caused by an infectious agent which may be transmitted directly or indirectly from one individual to another.

HEALTH CERTIFICATE -- A card or letter valid for one (1) year issued to a tattoo artist or person performing body piercing by a medical physician, licensed to practice in New Hampshire or Massachusetts, after satisfactory tests for Tuberculosis and after a satisfactory examination for apparent communicable diseases, particularly in respect to arms and hands.

PERMANENT MAKEUP -- The tattooing of permanent makeup onto the face of a client, to include but not necessarily be limited to eyebrows, eyeliner, lip liner, lip color, cheek blush, eye shadow and beauty marks.

TATTOO -- An indelible mark or figure fixed upon the surface of the body by the insertion of pigment under the skin or by the production of scars.

TATTOO ARTIST -- Any person who actually performs the work of tattooing.

TATTOO ESTABLISHMENT -- Any room or space where tattooing is practiced or where the business of tattooing is conducted, or any part thereof.

TATTOO ESTABLISHMENT OWNER OR OPERATOR -- Any person who controls, operates, conducts or manages any tattoo establishment, whether actually performing the work of tattooing or not.

UNIVERSAL PRECAUTIONS -- Precautionary guidelines issued by the National Centers for Disease Control (CDC) for use in the prevention of transmission of infectious diseases from contact with potentially infected body fluids. Universal precautions apply to blood and other body fluids containing visible blood. Universal precautions also apply to semen and vaginal secretions, tissues and body fluids such as cerebrospinal fluid and pleural fluid. Universal precautions do not apply to feces, nasal secretions, sputum, tears, urine and vomitus unless they contain visible blood. They require the use of, but not limited to, protective clothing, goggles, masks and latex gloves.

§ 304-3. Prohibitions.

1. Tattooing of minors. Pursuant to NH RSA 639:3 II, the tattooing of any person under the age of eighteen (18) is prohibited and constitutes endangering the welfare of a minor. Parental consent does not constitute an exemption to this requirement.
2. Branding shall be prohibited in the Town of Hudson unless performed by a physician licensed to practice medicine in the State of New Hampshire.
3. Permanent makeup shall be prohibited in the Town of Hudson unless performed by a physician licensed to practice medicine in the State of New Hampshire.
4. Body piercing below the waist shall be prohibited in the Town of Hudson unless performed by a physician licensed to practice medicine in the State of New Hampshire. The body piercing of any site except ears on minors under the age of eighteen (18) years shall be prohibited without the presence of a parent or guardian. The parent or guardian shall sign a permission form, at the site, at the time of piercing.

§ 304-4. Exemptions.

1. These regulations shall not apply to physicians licensed to practice medicine in New Hampshire and those they directly supervise as part of their practice.
2. These regulations shall not apply to those novelty or jewelry stores in the business of ear piercing with the use of a piercing gun. These establishments shall use proper procedures and sanitization practices as required by OSHA (Occupational Safety and Health Administration) regulations. These establishments shall be prohibited from performing body piercings at other sites except ears without satisfying all the requirements of this chapter.

ARTICLE III
Licensing Procedure

§ 304-5. License required.

1. Establishment license. No person shall own or operate a tattoo establishment or engage in the practice or business of tattooing, own or operate a body piercing establishment or engage in the practice or business of body piercing without first obtaining an establishment license for the location from the Health Officer or the Health Officer's duly authorized agent. Applications for establishment licenses shall include, at a minimum, the following:

(1) The name of the owner.

(2) The name of the establishment.

(3) The street address of the tattoo establishment.

(4) The mailing address of the tattoo establishment if it is different from the street address.

(5) The telephone number of the owner.

(6) The telephone number of the tattoo establishment.

(7) The name, address and a copy of the current license of all tattoo practitioners who work at the establishment.

(8) The fee required by this chapter. Editor's Note: The current fee amounts are set forth in § 304-6 of this chapter.

(9) The signature of the owner.

2. Artist license.

(1) No person shall engage in the practice or business of tattooing and/or body piercing in a licensed establishment without first obtaining an artist license from the Health Officer or the Health Officer's duly authorized agent.

(2) Applications for such licenses shall be made in writing on a form prescribed by the Town of Hudson, The forms required are on file in the town offices. wherein the applicant shall agree to conform to all rules and regulations governing such places now in effect or as subsequently enacted, and to authorize and permit such examinations and inspections as may be deemed necessary by the Health Officer. The completed application shall include, at a minimum, the following:

(a) The applicant's name.

(b) The applicant's address.

(c) The applicant's telephone number.

(d) The applicant's date of birth.

(e) A statement as to the experience the applicant has had in performing tattooing, scarification or body piercing, including apprenticeship served, or the licenses held, with a copy of such licenses attached.

(f) A listing of the type of procedures the applicant intends to perform.

(g) A statement signed by a licensed physician, licensed advanced registered nurse practitioner or licensed physician's assistant stating that they have examined the applicant no more than ninety (90) days prior to the submission of the application and found him/her to be in good mental health and physical health.

(h) A signed passport photograph of two by two (2 x 2) inches or an equivalent identification of the applicant.

(i) The fee required by this chapter. Editor's Note: The fees are included in § 304-6 of this chapter.

3. No person shall be granted an establishment license to operate a tattoo establishment, body piercing establishment or engage in the practice or business of tattooing or body piercing in the Town of Hudson without site plan approval from the Hudson Planning Department and/or Planning Board.
4. No person shall operate a mobile tattoo business or mobile body piercing business in the Town of Hudson.
5. No person shall be granted a tattoo and/or body piercing artist license or license renewal in the Town of Hudson without a current health certificate from a physician submitted at the time of license application and/or renewal.
6. No person shall be granted a tattoo and/or body piercing artist license in the Town of Hudson without having first obtained a license from the State of New Hampshire, pursuant to RSA 314-A, when such license is required by the State of New Hampshire.

§ 304-6. Terms of license; renewal of license; fees.

1. All licenses issued pursuant to this chapter shall, unless revoked as set forth hereafter, expire on March 31 following their date of issue. The requirements for the renewal thereof shall be the same as for new licenses.

(1) Establishment license: a fee of fifty dollars ($50.) per year, per tattoo and/or body piercing establishment, shall be charged. The owner(s) of the establishment shall be listed as licensee and the license shall not be transferable.

(2) Artist license: a fee of one hundred dollars ($100.) per year, per tattooist or person engaged in body piercing, shall be charged for the issuance of a license to operate from a permitted tattoo or body piercing establishment. Each applicant shall, upon paying the fee of one hundred dollars ($100.), submitting the health certificate and meeting the requirements of this chapter, be issued a separate license.

2. Form and transfer of license. All licenses shall be issued in the name of the individual person applying, shall give the location and name of the establishment where said applicant will operate and shall not be transferable to another owner, operator, artist or location.
3. Public display of license. It shall be the duty of the owner of the establishment to display the current establishment and artist licenses of everyone working at the site in a conspicuous place where they may be readily observed by the public.

§ 304-7. Inspection schedule.

§ 304-8. Records required.

1. Records for each patron or customer shall be kept and maintained by the operator of each establishment. The record shall contain the name, address and signature of each patron or customer. In the case of body piercing of minors, a form signed by the parent or guardian at the time of piercing shall be kept as a permanent record. All records shall be available for inspection upon request of the Health Officer or authorized representative. Records shall be maintained a minimum of two (2) years.
2. The operator and/or artist shall inquire if the patron has at any time experienced a jaundiced condition or been infected with hepatitis. Those indicating a history of jaundice or hepatitis shall not be tattooed or pierced.

ARTICLE IV
Tattoo Operating Room Facilities

§ 304-9. Separate operating room.

1. Each tattoo establishment shall have an operating room which shall be separate and apart from a waiting room or public room that may be used for other than tattooing purposes. Patrons or customers shall be tattooed only in said operating rooms.
2. The operating room shall be equipped with hot and cold running, potable water, together with such sinks and basins as may be necessary.
3. Furniture and furnishings used within the operating room shall be constructed of such material as to permit proper cleansing with hot water and disinfecting solution.
4. There shall be no overhead or otherwise exposed sewerage lines so as to create a potential hazard to the sanitary environment of the establishment.
5. All operating tables shall be constructed of easily cleanable material, with a smooth washable finish and at least six (6) inches from any observer or waiting customers and/or separated by a panel at least four (4) feet high. Observers shall not be allowed in the operating room during the tattooing process.
6. The operating room shall have proper and sufficient lighting as needed to perform the tattooing process.

§ 304-10. Personal cleanliness of tattoo artists; required equipment.

1. The practice of universal precautions shall be used during the tattooing process as required by the Occupational Safety and Health Administration's (OSHA) Blood-Borne Pathogen Rule. This rule applies to any workplace in which one (1) or more employees is engaged in practices that may present a risk for transmission of HIV (AIDS) or HBV (Hepatitis B) to the worker.
2. There shall be available within said tattoo establishment adequate hot and cold potable running water, soap, germicidal solution, individual hand scrub brushes and fingernail files or orange sticks for each tattoo artist.
3. Each tattoo artist shall scrub his hands and forearms with soap and hot water using an individual hand brush, clean his/her fingernails with an individual file or orange stick and thoroughly rinse his/her hands in a germicidal solution before working on each patron or customer. An individual disposable towel or napkin shall be used for drying the tattoo artist's hands and arms after rinsing.
4. Each tattoo artist shall wear clean clothes or lab coat. Surgical gloves shall be worn during the tattooing process and shall be changed for each patron.
5. There shall be no smoking, eating or drinking in the operating room during the tattooing process.
6. The following table summarizes the use of disinfectants in the tattooing procedure:

Agent	Preparation	Uses
Hypochlorite (5.25% chlorine laundry bleach)	Make up daily; 1 part bleach with 10 parts water	Corrodes metals; use for disinfection of needles before disposal; excellent for other materials
Glutaraldehyde (CIDEX)	Make up weekly using activator; do not dilute	Used for motors and damp wiping
70% Spirit/ alcohol	Do not dilute	Skin, table tops, metals
Clear phenolics (Hycolin)	Make up daily; dilute per instructions	Table tops, damp wiping, motors

7. Solutions of proven equivalence may be approved by the local Health Officer. All products shall be used according to label requirements and have Environmental Protection Agency (EPA) approval.

§ 304-11. Storage of tattooing equipment and materials; sterilization.

1. The needle bars and tubes shall be cleaned by use of an ultrasonic cleaner prior to sterilization. Immersion time for all equipment shall be at least five (5) minutes. Ultrasonic cleaning tank detergent shall be changed daily. The tank shall be scrubbed thoroughly with isopropyl alcohol between detergent changes.
2. Any establishment licensed after the date of this chapter shall have an autoclave on site for the sterilization of rods, needles, tubes, needle bars and other instruments used in the processes. Boiling is not a sterilizing option.
3. Instruments used in tattooing, such as needle bars, grips and tubes, shall be individually packaged and sterilized in an autoclave before use on each patron. Autoclaving shall be done under fifteen (15) pounds of pressure for fifteen (15) minutes at one hundred twenty-six degrees Celsius (126ø C.) or for twenty (20) minutes at one hundred twenty-one degrees Celsius (121ø C.). Instrument sterilization bags shall have autoclave indicator tape and shall be dated. Autoclaves shall be maintained in accordance with manufacturer's recommendations, and a record of all maintenance shall be kept which includes the date and type of maintenance activity.

(1) The sterilization date shall be noted on each instrument pack. Sterile instruments shall be used within thirty (30) days or shall be repackaged and resterilized.

(2) After completion of the procedure, all individual use items shall be disposed of and the area cleaned with a disinfectant solution.

4. If autoclaving is the method of sterilization, all tubes, grips and needle bars shall be left in the wrappers used during the autoclaving process until use.
5. Boiling is not an approved method of sterilization.
6. Needles, if used, shall be used only once and discarded.
7. Under no circumstances shall any instrument to be sterilized be coated with petrolatum, lubricating jelly, glycerin, oil or grease before being sterilized.
8. The tubes (holders for the stainless steel needle bars) shall also be sterilized together with other instruments used.
9. The motors or frames cannot be sterilized and they must be damp-wiped with seventy-percent alcohol or with freshly made one-and-five-tenths-percent solution of clean and soluble phenolic (carbolic acid) or with activated aqueous glutaraldehyde (e.g., Cidex).

§ 304-12. Floors, walls and ceilings.

§ 304-13. Disposition of waste material.

1. The tattoo establishment shall have proper facilities for the disposition of biomedical waste materials as now defined by state or federal regulations and as subsequently defined. A contract with an approved, licensed biomedical waste company is required and a copy of such contract shall be required at the time of licensing.
2. Sufficient toilet, urinal and hand-washing facilities shall be accessible to customers, operators and artists within the tattoo establishment or the building in which said tattoo establishment is located.

ARTICLE VI
Tattooing Procedure

§ 304-14. Preparation of area to be tattooed.

1. When it is necessary to shave the area to be tattooed, a new disposable razor for each patron shall be used. The common use of shaving mugs and brushes is prohibited.
2. After shaving the area to be tattooed, or if the area does not need to be shaved, the site of the tattoo shall be cleaned with soap and hot water, rinsed with clean water and germicidal solution applied in a sanitary manner before the design is placed on the skin. Only sterile, individual towels and gauze shall be used in preparing the site to be tattooed. These dressings shall be properly disposed of after use with each patron.
3. If Vaseline or other jellies are applied, it shall be done with a sterile swab or sterile spatula for the use of each patron. Unused portions of jellies remaining from service on a patron shall be discarded.
4. Alum or any material used to stop the flow of blood must be used only in the form of a powder or liquid and applied only with sterile gauze or sterile absorbent cotton.

§ 304-15. Stencil for transferring design.

§ 304-16. Tattooing process.

1. A sterile set of individual, single use needles shall be used for each patron. The open end of the needle tube of the tattooing machine shall be cleaned and sterilized after each use. The use of disinfectants does not constitute an approved sterilization method.
2. Single service or individual containers of dye or ink shall be used for each patron and any remaining ink or dye in the container following the procedure shall be discarded. Nontoxic, FDA approved dyes and inks shall be used in all tattoo procedures.
3. Single-use containers shall be disinfected prior to use.
4. Excess dye applied to the skin shall be removed with individual gauze pads or sterile cotton only. The area tattooed shall then be allowed to dry and the entire site covered with a piece of sterile gauze only, which may then be covered with a piece of dressing and fastened with adhesive. Only approved surgical dressings and tapes shall be used on patrons. The use of paper napkins, other materials and mastic tape for dressings is prohibited.

§ 304-17. Tattooing restrictions.

1. No tattooing shall be done on any person who is under the obvious influence of alcohol or other drugs.
2. No tattooing shall be done on any person under the age of eighteen (18) (per NH RSA 639:3 II).
3. No tattooing shall be done above the neck, below the ankles, below the wrists or on the genitalia.
4. No tattooing shall be done on skin surface that has a rash, pimples, boils, infections or other unhealthy skin conditions.
5. No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, birthmark, scar or previous tattoo.
6. Medical history records obtained earlier shall be checked and updated, and anyone giving a history of jaundice, hepatitis, HIV infection or other infectious or communicable diseases shall not be tattooed.

§ 304-18. Equipment aftercare.

1. After each customer is tattooed, the needle bars, grips and tubes must be disengaged, with the tubes, from the machine and placed in an autoclavable dish. The needle bars must be cleaned ultrasonically, then resterilized. Ultrasonic treatment alone is not effective. All used needles shall be disinfected before discarding. Used needles must be placed in a fresh solution of hypochlorite for thirty (30) minutes before disposal.
2. The pigment capsules must be disposed of after each customer.
3. Capsule holders and forceps must be sterilized between sessions.
4. Holding tubes for motors must be sterilized between sessions.
5. Used needles shall be placed in an appropriate infectious waste sharps container.

§ 304-19. Infection control.

1. Written instructions, approved by the Health Officer, shall be given to each patron or customer on the care of the tattooed site to prevent infection after each tattooing. A copy of these instructions shall also be posted in a conspicuous place in the tattoo establishment, clearly visible to the person being tattooed.
2. All infections resulting from the practice of tattooing which become known to the operator(s), owner(s) and/or artist(s) shall be reported to the Health Officer by the owner of the tattoo establishment.
3. All tattooists are strongly advised to receive the Hepatitis B vaccine which would provide them with immunity from contracting the disease from a patron and protect the patrons from contracting the disease from a nonsymptomatic tattooist.

ARTICLE VII
Body Piercing

§ 304-20. Body piercing operating room facilities.

1. Any person engaged in the process of body piercing, as described and restricted in this chapter, shall meet the tattoo operating room facilities requirements of Article IV as they apply to body piercing.
2. All piercing needles, stainless steel expanders, jewelry and other equipment used in the piercing process shall be sterilized as described in § 304-11.
3. The jewelry inserted should be composed of gold, surgical stainless steel or niobium, a composite metal formed from oxides of the stainless steel production process.

§ 304-21. Body piercing procedure.

1. When it is necessary to shave the area to be pierced, a new disposable razor for each patron shall be used. The common use of shaving mugs and shaving brushes is prohibited.
2. After shaving the area to be pierced, or if the area does not need to be shaved, the site of the piercing shall be washed with soap and water, rinsed with clean water and a germicidal solution applied in a sanitary manner. Only sterile, individual towels and applicators shall be used to prepare and cleanse the site.
3. Only instruments and equipment that have been properly cleaned and sterilized prior to use shall be used during the piercing process.
4. The person doing the piercing shall wear clean clothes or lab coat. Surgical gloves shall be worn during the piercing and shall be changed for each patron.
5. There shall be no smoking, eating or drinking in the operating room during the piercing process.

§ 304-22. Infection control.

1. Written instructions, approved by the Health Officer, shall be given to each patron on the care of the piercing site to prevent infection after the piercing. A copy of these instructions shall also be posted in a conspicuous place in the piercing establishment, clearly visible to the person being pierced.
2. All infections resulting from the practice of body piercing which become known to the operator(s), owner(s) and/or artist(s) shall be reported to the Health Officer by the owner of the piercing establishment.
3. All persons engaged in body piercing are strongly advised to receive the Hepatitis B vaccine which would provide them with immunity from contracting the disease from a patron and protect patrons from contracting the disease from a nonsymptomatic person engaged in body piercing.

§ 304-23. Body piercing restrictions.

1. No body piercing shall be done on any person who is under the obvious influence of alcohol or other drugs.
2. No body piercing except ears shall be done on any person under the age of eighteen (18) without parents/guardians on site to sign a permission form. These forms shall be generated by the piercing establishment and approved by the Health Officer.
3. No body piercing shall be done below the waist in the Town of Hudson unless performed by a physician licensed to practice medicine in the State of New Hampshire.
4. No piercing shall be done on skin surface that has a rash, pimples, boils, infections or other unhealthy skin conditions.
5. Medical history records obtained earlier shall be checked and updated, and anyone giving a history of jaundice, hepatitis, HIV infection or other infections or communicable diseases shall not be pierced.

ARTICLE VIII
Tattoo or Body Piercing Establishment Noncompliance

§ 304-24. Revocation of license.

§ 304-25. Penalties for offenses.

1. A first offense revocation shall be for a period of at least forty-eight (48) hours or until such time as the issues of noncompliance are brought into compliance. A reinspection fee of one hundred fifty dollars ($150.) shall be charged individually to all artists involved in the issues of noncompliance.
2. Any licensed tattoo and/or body piercing establishment found to be in noncompliance of this chapter and not operating under the intent of this chapter shall have his/her license permanently revoked. Such revocations may be made by the Health Officer, his/her duly appointed agent, and/or per order of the Board of Health and shall be the result of documentation of such noncompliance.
3. Appeals from administrative decisions to revoke a license(s) shall be made within ten (10) days of the revocation in writing to the Board of Health with a request for a public hearing.
4. Any licensed tattoo or body piercing establishment found to be in noncompliance with this chapter for a second offense shall face court action and fines per offense as allowable under NH RSA 31:39 III (effective August 9, 1993). If the court rules that the establishment may reopen upon compliance, a reinspection fee as addressed in § 304-25A shall be assessed.
5. Anyone operating a tattoo or body piercing establishment in an unapproved zoning site shall face court action and fines as allowable under NH RSA 676:17 for each day that such violation continues after the violator has received written notice from the municipality that he/she is in violation.
6. Anyone found to be operating an unlicensed tattoo or body piercing establishment or otherwise found to be performing unlicensed tattooing or body piercing in the Town of Hudson shall face court action and fines as allowable under NH RSA 31:39 III per offense. The establishment shall remain closed until all requirements of this chapter are in compliance and a permit has been issued.

§ 304-26. Compliance with other provisions.

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Rehoboth Beach, T. DE

§ 6-64. Definitions.

(a) Certificate of inspection shall mean the written approval from the Board of Health or its designated representative that the tattooing establishment has been inspected and meets all the requirements of this Article relating to physical facilities, equipment and layout for the operation of a tattoo and body piercing establishment.

(b) Board of Health shall mean the Board of Health appointed pursuant to Section 20, Chapter 197, Volume 54, Laws of Delaware, as amended.

(c) Operator shall mean any individual, firm, company, corporation or association that owns or operates an establishment where tattooing and body piercing is performed, and any individual who performs or practices the art of tattooing and body piercing on the person of another.

(d) Physician shall mean and include any person authorized to practice medicine pursuant to the laws of the State of Delaware.

(e) Osteopath shall mean and include any person authorized to practice osteopathic medicine pursuant to the laws of the State of Delaware.

(f) Tattoo, tattooed and tattooing shall refer to any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin.

(g) Employee shall mean any person over eighteen (18) years of age, other than an operator who renders any service in connection with the operation of a tattoo and body piercing establishments and receives compensation from the operator of the business or its patrons.

(h) Patron shall mean any person over sixteen (16) years of age who receives a tattoo under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor.

(i) Body piercing means piercing of the skin for the express intention of the insertion of any object, including but not limited to jewelry; provided, however, that the piercing of the lobes of the ears shall be specifically excluded from the purview of this Article.
(Ord. No. 782-1, § 1, 7/9/1982; amended Ord. No. 695-1, § 2, 6/9/1995.)

§ 6-65. Permit required.

(b) No person shall tattoo the body of any other person or practice the art of tattooing upon the person of another or engage in body piercing upon the person of another unless it is done by a physician or osteopath or by a person in the presence and under the direction of a physician or osteopath.
(Ord. No. 872-1, § 1, 7/9/1982; amended Ord. No. 695-1, §§ 3, 4, 6/9/1995.)

§ 6-66. Application for tattoo and body piercing establishmentpermit.

(a) The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise.

(b) The name, style and designation under which the business or practice is to be conducted.

(c) The business address and all telephone numbers of the business to be conducted.

(d) The following personal information concerning the applicant, if an individual, and concerning each stockholder holding more than ten percent (10%) of the stock of the corporation, each officer and each director, if the applicant is a corporation, and concerning the partners, including limited partners, if the applicant is a partnership, and concerning the manager or other person principally in charge of the operation of the business:

(1) Name, complete residence address and residence telephone number.

(2) The two (2) previous addresses immediately prior to the present address of the applicant.

(3) Written proof of age.

(4) Height, weight and color of hair and eyes.

(5) Diploma, certificate or other written proof of graduation from a recognized medical school by the person who shall be directly responsible for the operation and management of the tattoo or body piercing establishments.

(6) Certificate or other written proof that the physician or osteopath is authorized to practice medicine or osteopathic medicine, as the case may be, within the State of Delaware.

(f) The names and addresses of three (3) adult residents of the county who will serve as character references. These references must be persons other than relatives and business associates.

(g) Written declaration by the applicant, under penalty of perjury, that the information contained in the application is true and correct, with said declaration being duly dated and signed in the city.
(Ord. No. 782-1, § 1, 7/9/1982; amended Ord. No. 695-1, §§ 5, 6, 6/9/1995.)

§ 6-67. Application for operator's permit.

(a) The business address and all telephone numbers where the tattoo or body piercing establishment is to be operated.

(b) The following personal information concerning the applicant:

(1) Name, complete residence address and residence telephone numbers.

(2) The two (2) previous addresses immediately prior to the present address of the applicant.

(3) Written proof of age.

(4) Height, weight and color of hair and eyes.

(5) Name, complete residence address and residence and all office telephone numbers of the physician or osteopath who is to be in charge of the tattoo or body piercing establishment.

(6) A statement, in writing, from a licensed physician, other than the physician or osteopath who is to be in charge of the tattoo or body piercing establishment, that he has examined the applicant within thirty (30) days of the date of the application and believes the applicant to be free of all communicable diseases.

(d) Written declaration by the applicant, under penalty of perjury, that the information contained in the application is true and correct, with said application being duly dated and signed in the city.
(Ord. No. 782-1, § 1, 7/9/1982; amended Ord. No. 695-1, §§ 7, 8, 9, 10, 6/9/1995.)

§ 6-68. Approval of application by City Manager.

(b) In the case of applications for a tattoo or body piercing establishment permit, the City Manager shall conduct or cause to be conducted an investigation of the premises where the tattoo or body piercing establishment is to be conducted, by the Board of Health, for the purpose of assuring that the premises comply with all the sanitation requirements set forth in this Article and with the regulations of public health, safety and welfare.

(c) Before any permit shall be issued under this Article, the City Manager shall first sign his approval of the application.
(Ord. No. 782-1, § 1, 7/9/1982; amended Ord. No. 695-1; §§ 11, 12, 6/9/1995.)

§ 6-69. Issuance or denial of tattoo or body piercing establishment permit.

(a) The correct permit fee has not been tendered to the city and, in the case of a check or bank draft, honored with payment upon presentation.

(b) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including but not limited to the city's building, zoning and health regulations.

(c) The applicant has knowingly made any false, misleading or fraudulent statement of fact in the application for the permit or in any document required by the city in connection therewith.

(d) The applicant has operated a tattoo or body piercing establishment and has had a license denied, revoked or suspended for any of the above causes by the city or any other state or local agency within two (2) years prior to the date of the application.

(e) The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business is not over the age of twenty-one (21) years.

(f) The manager or other person principally in charge of the operation of the tattoo or body piercing establishment is not a physician or osteopath licensed to practice medicine or osteopathic medicine, as the case may be, pursuant to the laws of the State of Delaware.
(Ord. No. 782-1, § 1, 7/9/1982; amended Ord. No. 695-1, §§ 13, 14, 15, 6/9/1995.)

§ 6-70. Display of permits.

§ 6-71. Permit fees.

§ 6-72. Revocation or suspension of permit.

§ 6-73. Permits not transferable.

§ 6-74. Health and sanitary requirements.

(a) The room in which tattooing or body piercing is done shall have an area of not less than one hundred (100) square feet. The walls, floors and ceilings shall have an impervious, smooth and washable surface.

(b) A water closet shall be located in the establishment and shall be accessible at all times that the tattoo or body piercing establishment is open for business. The lavatory shall be supplied with hot and cold running water, soap and sanitary towels.

(c) All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a light color with a smooth, washable finish and shall be separated from waiting customers or observers by a panel at least six (6) feet or one and eighty-three hundredths (1.83) meters high or by a door.

(d) The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.

(e) The physician or osteopath who shall apply the tattoo or perform the body piercing or the person working under the direction of a physician or osteopath who shall apply the tattoo or perform the body piercing shall wash his hands thoroughly with soap and water before starting to tattoo or body pierce. The hands shall be dried with individual, single-use towels.

(f) No tattooing or body piercing shall be done on any skin surface that has a rash, pimples, boils or infections or manifests any evidence of any other unhealthy condition.

(g) No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, birthmark, scar or tattoo.

(h) Safety razors with a new, single-surface blade for each customer or patron or a straight-edged razor may be used and shall be thoroughly cleaned and sterilized before use on each customer or patron.

(i) The area to be tattooed or body pierced shall first be thoroughly washed for a period of two (2) minutes with warm water to which has been added an antiseptic liquid soap. A sterile, single-use sponge shall be used to scrub the area. After shaving and before tattooing has begun, a solution of seventy-percent alcohol shall be applied to the area with a single-use sponge used and applied with a sterile instrument.

(j) Only petroleum jelly in collapsible metal or plastic tubes, or its equivalent, as approved by the Board of Health, shall be used on the area to be tattooed, and it shall be applied with sterile gauze.

(k) The use of styptic pencils, alum blocks or other solid styptics to check the flow of blood is prohibited.

(l)Inquiry shall be made, and anyone giving a history of recent jaundice or hepatitis shall not be tattooed or body pierced.

(m) Single-service or individual containers of dye or ink shall be used for each patron, and the container therefor shall be discarded immediately after completing work on a patron, and any dye in which the needles were dipped shall not be used on another person. Excess dye or ink shall be removed from the skin with an individual sterile sponge or a disposable paper tissue which shall be used only on one (1) person and then immediately discarded. After completing work on any person, the tattooed area shall be washed with sterile gauze and saturated with an antiseptic soap solution approved by the Board of Health or a seventy-percent alcohol solution. The tattooed area shall be allowed to dry, and petroleum jelly from a collapsible or plastic tube shall be applied, using sterile gauze. A sterile gauze dressing shall then be fastened to the tattooed area with adhesive.

(n) All clean and ready-to-use needles and instruments shall be kept in a closed glass or metal case or storage cabinet when not in use. Such cabinets shall be maintained in a sanitary manner at all times.

(o) A steam sterilizer (autoclave) shall be provided for sterilizing all needles and similar instruments before use on any patron. Alternate sterilizing procedures may only be used when specifically approved by the Board of Health in writing. Sterilization of equipment shall be accomplished by exposure to live steam for at least thirty (30) minutes at a minimum pressure of fifteen (15) pounds per square inch at a temperature of two hundred forty degrees Fahrenheit (240° F.) or one hundred sixteendegrees Celsius (116° C.).

(p) The needles and instruments required to be sterilized shall be so used, handled and temporarily placed during tattooing or body piercing that they will not be contaminated.

(q) Gloves shall be worn with any procedure that involves contact with a patron's blood.

(r) No body piercing or tattooing of the tongue shall be permitted.

(s) Immediately after piercing or tattooing, the patron shall be advised on the care of the site so body pierced or tattooed and to consult a physician at the first sign of infection.

(t) Forceps, accessory equipment and jewelry must be disinfected with a chemical disinfectant registered by the environmental protection agency as being tuberculocidal when used at recommended dilutions.

(u) Needles shall not be bent or broken prior to disposal. Operator shall take precautions to prevent injuries from contaminated needles.

(v) Needles shall be disposed of directly into a solid puncture-resistant container.

(w) Needles as well as gloves, gauze and other materials saturated with blood shall be discarded in a plastic bag and placed into a cardboard box prior to off-site disposal. A written agreement for disposal of such waste shall be with an authorized service for disposal of medical waste.
(Ord. No. 782-1, § 1, 7/9/1982; amended Ord. No. 695-1, §§ 19, 20, 21, 22, 23, 24, 25, 26, 27, 6/9/1995.)

§ 6-75. Records.

§ 6-76. Report of infections.

§ 6-77. Pigments and dyes.

§ 6-78. Bandages and surgical dressings.

§ 6-79. Supervision of establishment.

§ 6-80. Certain persons prohibited on premises.

§ 6-81. Alcoholic beverages prohibited.

§ 6-82. Violations and penalties.

§ 6-83. Severability.

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