Loading...
Memo - Body arti ~~ <' _~ ,_ CITY OF HOPKINS Memorandum To: Honorable Mayor and Council Members Gopy: Steve Mielke, ~fim Genellie From: Terry Obermaier Date: April 24, 2002 Subject; Regulation of Tatooing City Clerk I have been informed that Hennepin County is adopting an ordinance that will regulate tattooing. The public hearing on the ordinance is set far May 14, 2002. Hennepin County will then begin licensing tattoo salons. They have notified Cities with a Health Inspection Program that they have the option of adapting the • ordinance and doing the inspections within their Cities. If the City does not choose to adopt the ordinance and inspect, the County Environmental Health Department will. The question is, does the City want to adapt its awn ordinance and regulate the two tattoo salons that are in the City or should we allow the County to regulate them. Shahn Anderson, the Electric Dragonland Tattoo Salon, and Larry Myers, Hopkins Health Inspector, were both very actively involved in the composition of the ordinance that Hennepin County has drafted. A copy of that ordinance is attached to this memo. The question to be answered tonight is, should Hopkins inspect or should Hennepin County inspect. Our ordinance, fees, and inspection process would be similar to Hennepin County's. • 101o First Street South - {612) 935 8474 c:Itattgolord 23 draft5.doc {03-27-~2) D~alf ORDEP~ANCE hf0. 23 . BODY ART CODE "T~e Hennepin Coun#y Board o~F Commissioners does ordain." SECTCON ~: PURPOSE. 1,01 PurpOSE. This ordinance is enacted to estai?;I:ishs~andards to protect health, safety and general welfare of the pea~le of Hennepin County through regulation of the persons owning body ark establishments, the individuals performing body art procedures ~hd th-~' establishmen#s where body art procedures are performed. ._.. _: __~ 1.02 Objectives, The principal objectives ofi this ardinarEre are: A. Ta prevent disease transrnrssi~n, - - 8. "ro correct arr~i }~reve~t conditions t[~~at may aciverseiy affect persons utilizing body=art ~stat~lrsllme~ts~ _.- C. To prav~de standards for the d-esigr, construction, operation, and maintenance ofibody~rt estab'Iishments; and D. To meet consumer expectations of the safety of body art . establishments SECTION 2: OENE'RAIr PROVISIONS. 2.01 Scope. This ordinance shalt apply to all individuals peE-formincd body art procedures and all body art establishments vdhere tattooing and body piercing are conducted. 2.02 Exemptions. Board-certified medical ar dental personnel tha# ta#too or pierce as part of a medical ar dental procedure are exempt from this ordinance. Also, individuals piercing only the outer perimeter or lobe of the ear using pre-sterilized single use stud and clasp ear piercing system are exempt from this ordinance's license requirements_ 2.03 ProE~ibitions. No individual shall: A. Conduct branding, cutting, implantation, suspension, or scarification of another individual; B. Pierce the genitalia or nipples of a minor; C. Practice tattooing or piercing while under the influence of alcohol, controlled substances as defined in Minnesota Statutes, section 152.D1, subd. 4, ar hazardous substances as defined in the rules adopted under Minnesota Statutes, Chapter 182; or D. Operate a body art estabiisslment or perform body art procedures as described in this ordinance without a license. 2.04 Jurisdiction. This ordinance shall apply to all body art establishments located in Hennepin County. This ordinance is not intended to preempt any local zoning ordinances applicable to body art establishments. SECTION 3: DEFiNITIONS.- 3,0'I Aftercare. "Aftercare" means written instructions given to the client, specific to the procedure(s) rendered, an caring fc~_r_'the body art and surrounding area. These instructions shall in'e.iud~=information on when to seek medical treatment. 3,02 An#iseptic. "Antiseptic" means an agent that {lf stays disease-causing ,; microorganisms on human skin or_m~ac_osa :~-; 3.{73 A[~preritice. "Apprentice" m:eans_`an tn=~ltvld~aE working under the direct supervision nr 3'ii~ eri5c,d taenniciants)n a,i~~ensed body art establishment to=l~~~rh the kills et the=tt-ad'e. 3.04 A~aprenticesl~p. A~~rer~ticeshifi" means an agreement an apprentice has with a li{ rarls~d t~chntcian(s) learning the skills of tattooing or piercing while workin~~ und~rt}-re dij=ect supervision of a licensed technician(s) in a licensed esfabliiF~rl~ent. 3.0~ BodXArt. "BodyArt" means physical body adornment using, but not limited to, the following techniques: body piercing, tattooing, and cosmetic tattooing. This definition does not include practices that are considered part of a medical procedure performed by board certified medical or dental personnel, such as, but not limited to, implants under the skin. Such medical procedures shall not be performed in a body art establishment. This ordinance definition shall not include piercing ofithe outer perimeter or lobe of the ear using pre-sterilized single use stud and clasp ear piercing systems. 3.06 Body Art Establishment. "Body Art Establishment" means any place or premise, whether public or private, temporary ar permanent in nature or location, where the practices of body art; whether or not for profit, are performed. 3.47 Body Piercing. "Body Piercing" means the penetration or puncturing of human skin by any method, for the purpose of inserting jewelry ar other objects, in ar through the human body. "Body Piercing" sha[I not refer to any medical procedure performed by board certified medical or dental personnel, Also, "Body Piercing" shall not refer to the puncturing the outer perimeter or lobe of the ear using apre-sterilized single use stud and clasp ear piercing system. 2 3.08 Body Scarification or Scarring. "Body Scarification or Scarring" shali mean any method of applying a scar to the body far the purpose of creating a permanent mark or design an the skin. 3.Q9 Brandies "Branding" steal! mean any method using heat, cold, ar any chemical compound to apply a scar to the body far the purpose of creating a permanent mark or design an the skin. 3.10 Contar~linatecl Waste. "Contaminated Wasta" means any liquid or semi- liquid blood ar other potentially infectious matenals c~c~ntaminated items that would release blood ar other potentially_irl {~cto~ts materials in a liquid orsemi-liquid state if compressed; items th~jt~-~r~ c:3ked with dried blood or other potentially infectious materials and ai~~ ~ ap-iLl;e of releasing these materials during handling; sharps and ~+~°~ wastes ~;c~.r~taining blood and other potentially infectious materials, as defined rn_(._.ode 29 of Federal Regulations Part 19.10.1030 I~nc~wn-as `Oc,cupati~n-a] Exposure to i=slaodborne ratocrPrs ' 3.11 Cosrxretic Tatto_orn SeP defir~,ittan ~~f tattooing. 3.'12 Cuttinct. "Gutting r~ie:~an~ the practice of cutting the skin, mucosa ar part of the body t~ _.r?at~ a permanent scar ar division of tissue far the purpose of body ~rt C.t~tting" shall not refer to any medical procedure performed by board ce~tit~~'`medical or dental personnel. 3.13 ^151nfectian. "Disinfection" means the destruction ofdisease-causing microorganisms on inanimate objects ar surfaces, thereby rendering the olajects safe for use ar handling. 3.14 Ee~ui1?ment. "Equipment" means all machinery, inciuding tixtr~res, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and afi other apparatus and appurtenances used in the operation of a body art establishment. 3.15 Establishment Plan. "Establishment Plan" means a to-scale drawing of the establishment's layout illustrating the requirements of this ordinance. 3.'16 Guest Artist. "Guest Artist" means an individual who performs body art procedures under a current technician license or meets the apprenticeship requirements of section 4.01. 3,17 Handsink. "Handsink" means a lavatory equipped with hot and cold water held under pressure, used solely far washing hands, wrists, arms ar other portions of the body. 3 3.18 Health Authorit "Health Authority" means the Hennepin County Community Heai#h Department, its designated employees, or other designated agents. 3.19 Hat Wa#er. "Hat Wafter" means wafer at least 110°F. 3.20 Im~lanting_ "Implan#ing" means to fix ar set securely an abject in or under tissue and includes, but is not limited to, 3-dimensiona€ body art applications. Implanting does not include med_icalrocedures inc€uding, but not limited ta, pacemaker insertion, cosm~ti surgery, and reconstructive surgery performed by board ~ ~e-t~fiN{~ r~~edica€ and denta€ personnel. 3.21 Individual. "individual" mear7s a h_urr-~an ~~_:ii~g --- 3.22 .lewelry. "dewelry" means any lsersona€ ornament'inserted into a newly pierced area. = .- 3.23 liquid Chemical Ge~rrT~ictde 't cturd Chemical Germicide" means a disinfectant'or'';anrtr~er reyistered'`,rvitll the Environmental Protection Agency eti ~- L " " 3.24 nrcian Operator o Te Operator ar Technician means any individua[ who controls ~~~~~~ates, manages, conducts or practices body art activities as a body arf establishment and who is responsible for compliance with these regulations, whether actually performing body art activities or not. The term includes technicians who work under the direction of the operator and perform body art activities. 3.2~ Person. "Person" means any individual, partnership, corporation, or association. 3.26 Procedure Area. "Procedure Area" means the physical space or room used solely for conducting body art proci?dures. 3.27 Procedure Surface. "Procedure Surface" means the surface area of furniture or accessories that may come into contact with the client's clothed or unclothed body during a body ar# procedure. "Procedure Surface" also means the area of the client's skin where the body art procedure is to be performed and the surrounding area, or any other associated wank area requiring sanitizing. 3.28 Remodel. "Remodel" means any change to the current establishment requiring either a bui{ding permit or trades permit for the work to proceed., "Remodel" does not include changes to the front desk area, waiting area, painting, wallpapering, ar carpeting, even if a permit is otherwise required. 4 Adding a new workstation, plumbing changes, or expanding into an adjacent space to add workstations are examples of remodeling. "Remodeling" also means any changes to an establishment plan previously submitted to the Health Authority. 3.29 Sanitization. "Sanitization {or to sanitize)" means a process of reducing the numbers of microorganisms on dean surfaces and equipment to a safe level. 3.39 Safe Level!. "Safie Level" means not more th-gin 5g colonies of microorganisms per 4 square inches of equil~i~cnti3r''procedure surface. 3.31 Sharps. "sharps" means any object {sterii~ ~~r ccrtaminated) that may purposeful€y ar accidentally, cut or pen`etrafie-the skin:..ar mucosa including, but not limited to, pre-sterilized, single usµ r7Pedles ~_caipel blades, and razor blades. - 3.32 Sha~-~s Container ':harps Contai,[c,r" mans a puncture-resistant, €eak- proof conta[rier that ~s ~ l~s;Pd for `1ar~~flirig, storage, transportation and disposal. The "Sharps Cantainer'.= shall be labeled with the international LL biohazard synbo! _ = = . 3.33 Single Use ' S_Fngie Use" means products or items intended for one time use and disposed of after use a7 each client. Examples of "Single Use" items include-cotton swabs or bal€s, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, tattoo needles, scalpel blades, stencils, ink cups, and protective gloves. 3.3A~ Standard Precau#ions. "Standard (Universal) Precautions" means a set of guidelines and controls, published by the Center-For Disease Control (GDG) as "guidelines for prevention of transmission of human immunodeficiency virus and hepatitis B virus to health-care and public- safety workers" in Morbidity and Mona€ity Weekly Report (MMWR), June 23, '1989, Vol. 38, No. 5-6, and as "recorimmendation far preventing transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive procedures," in MMWR, July 12, ~ 991, Vol. 40, No. RR-8. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HVB and other blood pathogens. Precautions include handvvashing, gloving, personal protective equipment, injury prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products. 3.35 Sterilization. "Sterilization" means a process resulting in the destruction of al[ forms of microbial life, including highly resistant bacterial spores. 5 3,36 Suspension. "Suspension" means the piercing of human tissue with large gauge fishing hooks or other piercing apparatus to raise or lower an individual with pulleys or other apparatus. 3.37 Tattooina. "Tattooing" means any method of placing ink or other pigments into or under the skin or mucasa with needles or any other instruments used to punc#ure the skin, resulting in permanent coiaration of the skin or mucosa. This includes all forms of cosmetic tattooing. 3.38 Temporary Event. "Temporary Event" me~ris anyr_place or premise operating at a fixed location where an open-tor p~r-f©rms body art procedures for no more than 21 days in conj~irl~ tior~ with a single event or celebration. -~ SECTEON 4: ADMINISTE2ATION. 4.D'I Adrninistratriue Procddures ~'rc~visiorls gf the Hennepin County Administrative: t~rdinance, ~rd~~yapce iVa. 9, County Licenses, Procedures- Criminal Penalty Orciir~anc;e that ai-e not covered by this ordinance and do not conflict with pr{~uisions-`of this ordinance shall apply as if fully set forth herein. __ __ 4.D2 License Required, No person shall own or operate a body art establishmer~ without an establishment license. Nor sha]1 any individual perform body art procedures ar engage in any enterprises described in Section 2, unless a technician license has been obtained. Each license shall be obtained from the Health Authority pursuant to this ordinance and the Hennepin County Administrative Ordinance, Ordinance No_ 1. 4.D3 Licensing Procedure. A. Ali applications, new and renewal, #or licenses shall he made upon forms furnished by the Health Authority. Upon payment of the license fee, the Health Authority shall review the application. The Health Authority shall issue a license if the application is approved. 8. Each establishment license application shall describe the general nature of the business, the location, and any other information deemed necessary by the Health Authority. C. Each technician license application shall include current proof of successful completion of an approved course on blood borne pathogens and prevention of disease transmission. Courses considered approved by the Health Authority may include those administered by one of the fo{lowing: the American Red Cross, United States Occupational Safety and Health Administration (OSHA}, or the Alliance of Professional Tattooists. E D. Each technician license application shall include proof of training and experience. Proof of training and experience may include proof of a completed apprenticeship or current license issued from another health agency. 4.04 Ap pren#iceship Procedure. A. No individua! shall start an apprenticeship or conduct body art procedures as a guest artist, until a licensed technician registers the apprenticeship or guest artist with the Health Aithority on farms ~ provided by the Health Authority. The fol~tawin~ ii~formation is required for registration: (1) The name and address of the licensee ~~ta_la7~shment where the _ apprentice ar guest artist will be tra~nii~g or_~varlcing; (2} The name of the apprentice orqu~,t i3r~tist, `r _ (3) The name(s) of the licensed tE;~:nici~~'~(s) conducting the . _ ~, -_ apprenticeship or sppnsor~rrg iie guest artr~t:~ If more than one t s i L person r~:e~un~ue,~~r~~ ii~e appreri iic~e5[~ip tFian a Beau ~ec~~niciaii , . must be 'id~nfrfed on the ~pplicatror (4} The starting ,d=ate of=the apprenticeship; and (5} The anticipated < ~~ipletsoil`i=late of the apprenticeship. B. At least one of the lic~~i~sed technician(s) [fisted in 4.04, A., (3} shall be present af~~l! times when the apprentice is conducting body art i procedures C. The sponsoring licensed technician is not required to be present at all times w~'en a guest artist is conducting body art procedures if the guest artist provides to the Health Authority, upon registration, the information required in section 4.03, C. and D. D. An apprentice shal€ complete a minimum of ZOQ hours of training under the direct supervision of iicensed technician(s) before becoming eligible far a technician license. E. The length of time the guest artist may conduct body ark procedures shall not exceed 30 consecutive days per calendar year per licensed estat3lishment. If the length of time exceeds this, then the guest artist shall apply for a technician license. 1". 1f the apprenticeship or guest artist procedure is not followed, the individual, apprentice, or guest artist andlor licensed technicians} conducting the apprenticeship may be subject to penalties. 4.05 Location Restricted. No individual shall engage in body ark activities at any place other than a licensed establishment. 4.06 License Ex.pira#ion. ~.icenses issued pursuant to this ordinance shall commence and expire on the dates indicated on the license cerkificate with the exception of temporary event licenses. Licenses for temporary events shall be applied to the Heaith Authority at a minimum of seven (7) days prior to the start of the event. Temporary event licenses shall be issued 7 for the specific days and hours of operation specified on the applica#ian and approved by the Health Authority. 4.07 Transfer and Display of License. Only a person who complies with the requirements of this ordinance shaft be entitled to receive a license. A license shalt not be #ransferable as to person or place. A valid license shall be located onsite and available to the public upon request. 4.08 Temporary Events. Temporary body art estabiishcnents and individuals conducting body art procedures at a temporary e~~~~_r?t:rnust meet the requirements of this ordinance. - SECTION 5: INSPECTION AND PLAN REVIEW - - 5.01 in__5~]ection Reat~ir..ed. The Fteal~h A'ufhor~t_y shall inspect each body art CStcIL?ilJlifile~t. - - - A. Before i~suii~~ ~ 1i+~en,~ f~~r a-iew establishment; B. As part of d cr_~rrstr_tic.t~~;rr or rc~~~odeling plan review; C. As part ar a c~~rnplt~rn~ ~nvesti.~ation; or D. At least once a year fr~~ a routine inspec#ion. 5.02 Construction 1~ist~ections. The body art establishment shall be constructed. ~n cd`nformance with the approved plans. A statutory or home rule charter_cify shall not issue a building permit for a body art establishment ar remodeling or alteration permit for such establishment until such plans have the approval of the Health Authority. The Health Authority shall inspect the body art establishment as frequently as necessary during the construction to ensure that the construction occurs in confonr~ance with this ordinance. The Health Authority shall conduct a final construction inspection prior to the start of operations and issuance o; a license. 5.03 Access to Premises and Records. The operator of the body art establishment shall, upon request of the Health Authority and after proper identification, permit access to all parts of the establishment at any reasonable time, for the purpose of inspection. The operator shall allow. review of any records necessary far the Health Authority to ascertain compliance to this ordinance. 5.04 Interference with the Health Authority. No person shall interfere with or hinder the Health Authority in the performance of its duties, or refuse to permit the Health Authority to make such inspections. C: 8 ~.D5 Removal and Correction of Violations. ~peratar(s) or technicians} shall correct or remove each violation upon receipt of an inspection report giving notification of one ar more violations of this ordinance in a reasanat~le lengtl~ of time as determined by the Health Authority. The length of time for the correction ar removal of each such violation shall be Hated on the inspection report. Failure to remove ar correct each violation within the time period Hated on the inspection report shall constitute a separate violation of this ordinance. The Health Authority may issue orders to halt construction or remodeling, or totakei:corrective measures to ensure compliance with this ordinance - = _- _-_ ;=~~: SECTION B: GROUNDS FOR EMERGENCY CLO-SURE:; 6.D'l Single Violations. If any of the f~ila~:fing c~ndEt~c~°~~ :exist, the operatar(s~ or technicians} may_ be ordered fo d~s~anfi~~~re af1T-~~erations of the body 1. 1~ 1 ~:i 5-~"~ - - 1~L1 L '. 1 '`.L ..fl 1.. "lL ~3CtG'Sl"cl[.JIISf1fIlE'f[l )ri[_7Uy dll ~~LdIJ11~1lVi:I.CflL~ 511c1E1 only reUpell 11V[ll I permission fJGrri thL Health'Auth~?~~ty ~_. A. Failure to possess a license required by this ordinance; B. Evidenc~_af a sewage backup in an area of the establishment where body art._acti~at~.ES are,conducted; C. ~.ack of patabEe;plumbed, hot or cold water to the extent that hand washing, `nr~t~ilet facilities are not operational; D. Lack electricity ar gas service to the extent that hand washing, lighting, or toilet facilities are not operational; E. Significant damage to the body art establishment due to tornado, fire, #laod, or other disasters; F. Evidence of an infestation of rodents or other vermin; G. Evidence of contamination, f (thy conditions, untrained staff ar poor personal hygiene; H. Any time a public health nuisance exists; 1. Using instruments or jewelry that are not sterile; J. Failure to maintain required records; K. Failure to use gloves as required; L. Failure to properly dispose of sharps, blood or body fluids, or blood ar body fluid contaminated items; M. Failure to property report complaints of potential blood borne pathogen transmission to the Health Authority; N. Evidence of violations to Section 2.03 of this ordinance; or O. Evidence of a positive spore test on the sterilizer. 9 SECTION 7: STANDARDS FOR t~EALTH AND SAFETY No operator ar body ark establishment shall engage in body art activities without complying with the following regulations: 7.01 Facilities. A. Any new or remodeled establishment shall submit to the Health Authority a to-scale establishment pEan in sufFcient detail to ascertain compliance with conditions in this ordinance. B. -There shall be no less than forty-five (45) squar~ feet of floor space for _ each procedure area. The procedure are~~s) rYu~t be separated from the bafihroam, retail sales area, hair salon°~are~~ _t~r_ any other area that may cause potential cantaminatian of work s~i_rfaces. For clients requesting privacy, dividers, curtain s, ar partrtions at a minimum shall - separate multiple procedure areas,:- _ C, Each establishment shall have~~ re~cf~iy accessi~~e handsink that is not in a public restroc~m and -is equipl~e~~ with:`; =- { i } Hot anti coin runrur~g;waterund~r pressure; (2) NO tG~UGiI f~3UCet < «I~t'-Gi°~ sdch as._wrist or foot operated; {3) Liquid t-i_~nd s~~-~~} ---- (4} Single use i~~l~.crto~Nels, ~-~icl (5) A garbage ~~ar. .. ^. Every establ~,fi~~~~ent sF~ali have at least one available bathroom equipped ~viLh a toilet and a hand lavatory. The hand lavatory shall be supplied: ~~vitr3 (1 }Hot anc! cold running water under pressure; {2} Liquid hand soap; (3) Single use paper towels or mechanical hand drierlblower; {4) A garbage can; (5) A door that closes; and (6) Adequate ventilation. E, The establishment shalt have an artificial light source equivalent to 20 foot-candles at three feet above the floor. At least 100 foot-candles of light shall be provided at the level where body art procedures are perFarmed, where sterilization takes place, and where instruments and sharps are assembled. F. All procedure surfaces shat[ be smooth, nonabsorbent and easily cleanable. Procedure surfaces shall be cleaned and sanitized after each client. G. All ceilings shall be in good condition. H. All wails and floors shalt be free of open hales ar cracks and washable. 1. All facilities shall be maintained in good working order. J. All facilities shalt be maintained in a clean and sanitary condition. K. No establishment shall be used or occupied for living or sleeping quarters. 10 • L. Only sen~ice animals may be allowed in the establishment. No animals shall be allowed in the procedure areas}. M. Effective measures shad be taken by the operator to prevent entrance, breeding, and harborage of insects, vermin, and rodents in the establishment. 7.Q2 f=c~uiprrrent and Instruments. A. Ail jewelry used as part of a piercing procedure sha![ be sterilized before use. All reusable instruments shall.be t.aroughly washed to remove all organic matter, rinsed, and ~teril~ze~,~b~fore and after use. AI! needles shad be single use needles,,ar~d stern°~~ed before use. All sterilization shall be conducted using a method approved by the Health Authority. ~ S. At feast once a month, but not_to exceed 3Q da,s._between tests, a spore test shall be conducted 6r~ the ste~lizert:~gnsure that it is working properly. If a posrttve ~.`~ ~r~ test result-i5 received, the sterilizer carir~at be use~,'unti~a nE.~~-atr4e result is obtained. `phis may result in cr ~ _~ii~g ~l~~:r ~3ton until the ~.it~ation is corrected. C. Jewelry=must b~ ri~~d~.'af su~greaf rmplant grade stainless steel, solid 14k or 18k i^rl~it~ er yellow gild; niobium, titanium or platinum, andlor a dense low~oros~fy plastic. Jewelry must be free of nicks, scratches or irregular s~-°rFa~PS' and' must be properly sterilized prior to use. D_ All inks,dye ~,;'=slid other pigments shall be specifically manufactured far tattoo l}rraGedures. The mixing of approved inks, dyes, ar pigments, or their dilution with distilled water or alcohol is acceptable. E. Irnrnediately before applying a tattoo, the quantity of the dye used shall be transferred from the dye bottle and placed into a single use paper ar plastic cups. Upon completion of the tattoo, these single use cups and their contents shall be discarded. F. A!I tables, chairs, furniture or other procedure surfaces that may be exposed to blood or body fluids during the tattooing or piercing procedure steal! be constructed of stainless steel, or other suitable material that will allow complete sanitization, and shall be sanitized between uses with a liquid chemical germicide. G. Single use towels ar wipes shall be provided to the client. These towels shall be dispensed in a manner that precludes contamination acrd disposed of in a cleanable garbage container with a liner. H. All bandages and surgical dressings used shall be sterile ar bulk- packaged clean and stored in a clean, closed container. 1. Ali equipment and instruments steal[ be maintained in a good working order and in a cCean and sanitary condition. J. All instruments and supplies shall be stored clean and dry in covered containers. 11 7.03 Skin Preparation. A. Whenever it is necessary to shave the skin, a new disposable razor must be used far each client. B. The skin area subject to a body art procedure must be thoroughly cleaned with soap and water, rinsed thoroughly, and swabbed with an antiseptic solution. only single use towels or wipes shall be used in the skin cleaning process. C. No body art procedure shall be performed an any area of the skin where there is an evident infection, irritation; car,=open wound. 7.04 Hand Washing and Hkc~iene. ~~ A. Each technician shalt scrub his or her l~an~~t~ and wrists thoroughly for - _.: 20 seconds before and after performing L-~ t_ «dy _~rt procedure. B. of-the l~aricl ~hafl.not perform body art Technicians with skin infections _ procedures. - r ' . ,. C. The technician must wash hss'-or her hen:cls after contact with the client receiving thy: pr~~e;edurz ar after ~,antact with potentially contaminated _ . ~ articles. D. Technic'i~3~is shall hear=`clean clothing and use a disposable harrier such as~ lap cloth when peifc~rrning body art procedures, E. Technicians shall-.not smoke, eat, ar drink while performing body art procedures _ 7.0~ Glove Use. A. Single use gloves of adequate size and quality as to preserve dexterity shall be used for touching clients, for handling sterile instruments, ar far handling blood or body fluids. B. Gloves must be changed if: (1) They become damaged; (2) They come in contact with any non-clean surface or objects; or (3) They come in contact with a third person. C. At a minimum, gloves shall be discarded after the completion of a procedure on a client. D. Hands and wrists must be washed before putting an a clean pair of g[aves and after removing a pair of gloves. E. Gloves shall not be reused. 7.06 Proffer hartdiing and disposal o~f needles. other sharp instruments, blood, other body fluids, and contaminated products. A. Contaminated waste that may release liquid bland or body fluids when compressed or that may release dried blood or body fluids when handled, must be placed in an approved "red" bag that is marked with the international biohazard symbol. It must be disposed of by a licensed waste hauler at an approved site, or at a minimum, in accordance with the requirements contained in 29 CFR Part 1910.1030, Gccupational Exposure to Bloodborne Pathogens. 1z B. Contaminated waste that does not release liquid blood ar body fluids when compressed or handled may be placed in a covered receptacle and disposed of though normal, approved disposal methods: C. Sharps ready far disposal shall be disposed of in an approved sharps container. Ready for disposal means sterilized in a manner listed in Section 7 of this ordinance. D. Storage of contaminated waste on-site shall not exceed the period specified by 29 CFR Part ~ 9~ 0. ~ 03p, occupational Exposure to Bloodborne Pathogens. SECTION 8: Technician Requirements and Professional Standards. 8.0'l Technician Information. The followi~~ infr~rmat~oi~ shall be kept an file for two years on the premises anti avai~'abl~ .for ms~~ctian by clients and the Health Authorit}c,for each technician or. al~preri`fce: A. Full name -' -~ - B. Home ad~4~~~~~~, _-- C. Home phnt~~ r~Uf71i]~I,~ __ D. Date of hirtfn; - E. f dentificatfo`n phi ~t~ ~. Exact du~~4s _an~i __ G. Proof of a li'cer~se from the Health Authority, guest artist registration or current appreriticeship registration. 8.02 Establishn~~nt Information. The following information shall be s<ept on fife for t~,uo years on the premises and available far inspection the Health Authority: A. A description of all body art procedures performed. B. An inventory of instruments, body jewelry, sharps, and inks or pigments used far all procedures including the names of manufacturers, serial and €ot numbers. Invoices or orders shall satisfy this requirement. C. Copies of spore tests conducted an the sterilizer. D. A copy of this ordinance shall be avaiiab€e at all times on premises. 8.03 Client Records. A. No technician shall tattoo any individual under the age of ~S years except with the written permission of both custodial and noncustodial parents of such individual according to Minnesota Statutes, Chapter 609.2246. B. No technician shall tattoo or pierce a minor without written permission from a custodial parent given in person at the establishment. Nipple and genital piercing is prohibited an minors regardless of parental consent. 13 C. Technicians shalt request proof of age prior to performing procedures on any client. Proof of age is established by one of the following: (1 }A valid driver's license or identification card issued by the State of Minnesota, or other state, and including the photograph and date of birth of the person; (2)A valid military identifcatian card issued by the United States Department of Defense; (3)A valid passport; (4)A resident alien card; ar _ -___ (5)A school picture identification card _ _ In order to aid in proper healing following the l~r;ocedure, the technician shall provide a release form to the client apd the` client may indicate if he or she has: -_ (1) Diabetes; - - (2) Ahis#ary of hemophilia, (3) A history of skin d~se~ses:,.sl<~h ii?s~ons, or skin sensitivities to soap, ,._. = c~:5tnfec~t=~nc~, etc~_, (4) A history ~f 311; ti~~to rn~lal5 (5) A history of epi~i~5y, se~z~res;=fainting or narcolepsy; (6) A candific~n when trae cheri~ takes medications, such as anticaaqulants; that'~thin the blood andlor interferes with blood clotting or = ~` (7) Any oche; ~~iformation that vrould aid the technician in body art proced~sre-process evaluation. The tech~cian shall ask the client to sign and date the release form confirming that the information listed in Section 8.03, D. (1)-(7) was obtained or was attempted to be obtained. E. [3efore administering a body art procedure, the clien# must sign and date a consent form. The consent farm shall disclose: (4) That any tattoo should be considered permanent; i# may only be removed with a surgical procedure; and any effective rernoval may ieave scarring; or (2} That any piercing may leave scarring. 1~. Body art procedures shall not be per#ormed on any individual who appears to be under the influence of alcoho{; controlled substances as defined in Minnesota Statutes, Section 152.01, subd. 4; or hazardous substances as defined in rules adapted under Minnesota Statutes, Chapter 182. S.t74 Client Record Maintenance. The body art establishmen# operator shall maintain proper records far each client. The records of the procedure shall be kept for two years and shall be available for inspection by the Health Authority upon request. The records shall include the fallowing: A. The date of the procedure. f3. Re-card of information on picture identification showing name, age, and current address of the client. 14 C. Copy of the release form signed and dated by the client. D. The nature of the body art procedure performed. E. The name and license number of the technician performing the procedure. F. A copy of the consent form to perform the body art procedure on a minor with required signatures as defined in 8.03, A. ar.B. if applicable. ~. 8.05 Under the Influence. No technician shall perform body art procedures while under the influence afi alcohol, controlled_:sub`stances as defined in Minnesota Statutes, section 152.01, subd 4:; o.r hazardous substances as defined in the rules adopted under Minnesota Statutes, Chapter 182. $.OS Rftercare. Technicians shall provide each c]<<,nt!a~ifh printed instructions on recommended care of the body art ~^l~ ii in~~ the k~~aling process. 8.07 Notification. Opentars and tecYnici•=~^ ;shall notify the Health Authority immediately of any ri/,nart5 ~n~y r2~~i :~`E_'. or ~. ~~atentiai bioadbome pathogen tra~~sii~i siail - _ 8.08 Industry Self=Surveil and:Trairri°rtg Responsibility. Every licer<see of a body as-t estat?Iishme'nt shall arrange for and maintain a program of sanitation self ir;sp~;iltion conducted by the owner, operator, technician, or apprentice ~~nd ~~J7,}5faved by the Health Authority• The self-inspection prograrr~ shall=_iTii/Ii.Edewritten policies, appropriate forms for lagging self- inspectians ar~d evidence that routine self-inspection of all aspects of the body art establishment takes place. A description of the body art establishment self-inspection program shall be available for review. SECTION 9: FEES. 9.01 License Fees. Fees far licenses and plan review issued hereunder shall be those established from time to Time by resolution of the Hennepin County Board of Commissioners. An additional fee shall be charged for each additional service ar operation that is separate, distinct ar unique from the central or main body art establishment, as determined by the Health Authority. 9.02 i-.ate Fees. if work has commenced prior to approval of construction or remodeling plans, late fees maybe assessed in accordance with the fee schedule. 9.03 Prorating_ If a license application is received by the Health Authority an October 1 through December 31 of a given year, the license fee due shall be prorated to one half of the feo required if the application was received January 1 through September 3a of that same year. 15 • SECTION ~ 0: SEPARABILITY, if any provision or application of this ordinance is held invalid, that invalidity shall not afFect other provisions or applications of this ordinance. SECTION 'I 'E: PEf~AL1TY. A person shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as provided by 4aw if helshe: A. Violates this ordinance; B. Permits a violation to exist on the premises.: under his/her control; or C. Fails to take action to abate the existence cif the'_~~_ialation(s) within a specified time period, when ordered ar notified ~U ~o sa ~y the Health Authority. SECTION '12: EFFECTIVE DATE. After=passago 1?y the He'`nnepin County Board of Commissioners, this ordinance shall. b`e effe'ct~~~c :ihirty (30} days after pUbllCatlOn. - - Passed by the Bawd of c~t~~,nfy commissioners of Hennepin County, Minnesota, this ~ day of =20U? - _ S ~ County of 1--iennepin = State of }Minnesota by: Chair, Board of County Commissioners Attest: Clerk of the Gaunty Board L` ~ fi c s. 'v m- cn cv t~ _ ~ .~ o ~ ~ ~ ~ L' a~ _~ cu U to dl 67 Lk- cU `~ Q L? L d -r3 O N O O i a N a 0 r, r ~ Y ~ ~ ~ O ~ _ ~a a~ ~ ~~,~ s ~ ~ ~ ~rs ,n ~ ,.. ~~_ 411 ~ ~ N L ~ ~ ~ '~ ~ O ~ ~ ~ ~ ~ N L ~ ~ ~ ~ ~` v ~ ~" w ~m ~ N tft L C ~ ~. ~ ~ tU 7 ~ ~ O ~ G Ss ,r ~ ~ -~~` ~ t3 O ~ © '- ~ ~ O -~ N :Y ~ ~ ~ Q ~ ~ ~ ~ ~ r (4 cf, N ~ ~ r O f rn ~ N ~ N r 7 N ~ ~ N ~ O V- ~ ~ C. cat ~ O ~ N ~ ~ G ~ ~ G C ~ O V ~j ~~~ ~ ~ L C3- d ~ ~ ~ ~ Q . ~" Ud? -~ ~ ~ ~ d ~ p ~ ~ O ~ O C ~ ~ ~ y [6 {CV Q Cd t ~ N 1 ~ ~ ~ -gyp Q~ d~ '~ ~ Q7 Z Z a ~ ~ ca s~ a c~ sx ~ ~ ~ a ~ Q ~ as .__ ~ ~n c~i a> ~ ~ ~ ~ c -" 4 = ~ ~ ~ ar _~ = c ~ ~ ~ 4 ~ ~ ~ ~ ~ ~ ~r~~~ ~, a7 ~ U ~ ~ _~ o ~ ~ ~ ~ Cd ~ C ~1- r O ~ C ~ ~- Cq ~ ~ = ~ ~? ~ N ~ ~ C "~' O ~ ~ fil ~ N _~ td 7j N7 rC ~ ~ O Cll ~'j f~i d N L tll ~- ~ cta ~ ~ ~ ~ ~ .~ ~ ~ t6 ~ N ~ ~~ ~ ~_ ~ C Y 4~ ~ N O~~ C]- O ~ N ~ 7 ~ ~ ~ ~ (U ~ ~ N ~- X N ~ T ~ CCG N ~ •'~ ~ ~ ?~ ~ C 9 ~ ~ ~ ~" ~ U ~ tL Q ~ ~ tS C6 ~ n t77 X +