Sec. 20-70. - Tattoo establishments and body piercing salons, equipment and supplies.

(a)

Every tattoo establishment and every body piercing salon shall have the following facilities and equipment:

(1)

Toilet facilities located within the same building as the tattoo establishment and the body piercing salon, accessible without going outside such building or through space exclusively controlled by another, and which may be reached by a line of travel not exceeding two hundred (200) feet. Handwashing facilities with running hot and cold water must be easily accessible to the users of the toilet facilities. An adequate supply of toilet tissue, single-use towels and soap must be provided in the toilet facility.

(2)

At least one (1) service sink or mop basin with running hot and cold water for custodial purposes and not for patron use as a hand sink; provided, that where a part of the building is used as other than a tattoo establishment and body piercing salon, it shall be sufficient if the plumbing fixture for custodial purposes is provided within the building if it can be reached by a line of travel not exceeding one hundred (100) feet without going outside of the building and is not used in connection with any dwelling unit.

(3)

A least one (1) sink located within the tattoo establishment or the body piercing salon with running hot and cold water for the cleaning of instruments used in the practice of tattooing and body piercing.

(4)

An adequate supply of EPA registered, hospital grade disinfectant.

(5)

Closed storage cabinets for tools, instruments, needles, supplies, clean linens and other materials used in the practice of tattooing or body piercing.

(6)

Suitable covered containers for all waste materials.

(7)

Suitable storage space for custodial equipment and supplies.

(8)

Suitable dispensers for all single-service articles, pigment preparations, and other materials such as cotton balls or swabs.

(9)

Sufficient number of tools, instruments or sets of tools or instruments to allow continuation of patron service while previously used tools and instruments or sets of same are being cleaned and sterilized.

(10)

Within six (6) feet of each work station, a hand sink with a soap and towel dispenser shall be provided for handwashing purposes only. The hand sink shall be equipped with foot, knee or elbow operated faucets and supplied with running hot and cold water.

(b)

The minimum equipment for each work station when in use shall be as follows:

(1)

A chair. Chairs with head rests shall have a changeable covering.

(2)

A table. The table shall have a smooth, nonabsorbent, easily cleanable surface and shall be in good repair.

(3)

One (1) closed cabinet for the storage of clean tattoo or body piercing tools.

(4)

Suitable dispensers for all single-service articles.

(5)

Every work station shall have at least one (1) covered waste receptacle; however, where there are multiple work stations, there shall be at least one (1) covered receptacle for every two (2) stations.

(6)

A non-combustible drape or curtain and dividing partitions of suitable material, construction and dimension to afford privacy to the patron within the work station. The dividing partitions shall comply with the dimensions identified in section 20-71(e).

(c)

Smoking, eating, drinking, or applying makeup is prohibited in the room in which tattooing or body piercing is performed.

(d)

Animals shall at all times be prohibited in a tattoo establishment or a body piercing salon, except for service animals used to assist patrons with disabilities or used by public officials in their official duties.

(Ord. No. 6332-07)

Sec. 20-71. - Sanitation and design requirements for buildings.

(a)

The windows, floors, walls and ceilings of all tattoo establishments and all body piercing salons, together with all the appurtenances therein, and all tattooing tools and body piercing tools, appliances and other equipment used in connection therewith, shall be kept at all times in a clean and sanitary condition and in good repair. All tools, instruments, and needles shall be sterilized and in good repair prior to each utilization in the practice of tattooing and body piercing. The premises shall be free of rodents and vermin. Walls and floors must be constructed of material that is smooth, nonabsorbent and washable. Floor mats, if used, must be smooth, nonabsorbent and washable.

(b)

Floor and walls of toilet rooms shall be of nonabsorbent materials. All toilet room doors shall be self-closing. Toilet rooms shall be kept in a clean and sanitary condition at all times.

(c)

All rooms used for the purpose of tattooing or body piercing shall be provided with artificial illumination uniformly distributed so as to give an illumination intensity of seventy-five (75) footcandles or more at the working surfaces at each work station. Such illumination shall be reasonably free from glare.

(d)

All rooms used for the purpose of tattooing or body piercing shall be provided with openable window area equal to at least five (5) percent of the floor area for ventilation purposes, except that a mechanical or positive ventilation system may be substituted for, or supplement, ventilation using openable windows. When such mechanical ventilation systems are used, rooms shall be provided with facilities for at least five (5) air changes per hour. The atmosphere in each tattoo establishment and each body piercing salon shall be maintained reasonably free of odors, noxious substances or any objectionable air contaminant.

(e)

For the purpose of providing adequate ventilation where a tattoo establishment or a body piercing salon is divided into semi-enclosed work stations, the following shall apply: At least one (1) side of the work station shall be completely open with privacy maintained by a non-combustible opaque drape or curtain. When ventilation using openable windows is provided and there are partitions on at least two (2) sides of the work station, there shall be a minimum of twenty-four (24) inches of open space between the top of the dividing partition and the ceiling, and a minimum of four (4) inches of open space between the bottom of the dividing partition and the floor. No such dividing partition shall be higher than six (6) feet from the floor. When mechanical ventilation is provided, the side dividing partitions may be flush with the floor, but shall not be higher than six (6) feet from the floor. Combustible drapes or curtains shall not be used for work stations.

(Ord. No. 6332-07)

Sec. 20-72. - Health and personal hygiene for tattooers or body piercers.

(a)

Every tattooer or body piercer in a tattoo establishment or a body piercing salon shall cleanse his or her hands thoroughly with soap and hot running water immediately before serving each patron. Every tattooer or body piercer must wear on his or her hands single use examination gloves while engaged in the practice of tattooing or body piercing.

(b)

Employees, or any person, engaged in the practice of tattooing or body piercing upon a patron shall at all times be dressed in clean attire.

(c)

No person affected with open, weeping, bleeding, or infected lesions, wounds, or other conditions of the skin or scalp, or affected with an acute respiratory infection, shall work in any area of a tattoo establishment or a body piercing salon in any capacity in which there is a likelihood they could contaminate tattooing or body piercing equipment, supplies, or working surfaces with body substances or pathogenic organisms.

(d)

No person shall engage in the practice of tattooing or body piercing if a licensed health care practitioner has advised the person that the continued practice of tattooing or body piercing poses a communicable disease risk to patrons.

(e)

All persons employed in a tattoo establishment or a body piercing salon shall furnish such information, permit such physical examination and submit such laboratory specimens as the health authority may require for the purpose of determining freedom from communicable disease.

(f)

No operator shall employ a tattooer or body piercer (including the operator if he or she works as a tattooer or body piercer) until the tattooer or body piercer has been vaccinated against Hepatitis B. Prior to beginning work, the tattooer or body piercer shall present a copy of his/her medical record or other documentation from a licensed health care provider or immunization clinic, which demonstrates that he/she has been immunized against Hepatitis B. Alternatively, the tattooer or body piercer may present documentation that a blood test demonstrates that he/she is protected against Hepatitis B. The operator and tattooer or body piercer shall retain this document, or a copy of it, and present it to the health authority when requested and when requesting or renewing a permit. A person may begin work as a tattooer or a body piercer when he or she has received a single dose of Hepatitis B vaccine. However, such person shall continue to work as a tattooer or a body piercer only if he or she completes the immunization series for Hepatitis B within one (1) year of the date of the initial vaccination dose. If a tattooer or a body piercer does not complete the series within this time period, he or she shall cease work as tattooer or body piercer at the end of that period. A tattooer or a body piercer may resume the practice of tattooing or body piercing only upon presentation of documentation indicating that he or she has completed the vaccine series. The operator shall be responsible for ensuring and documenting that all tattooers and all body piercers in their employment are in compliance with this Hepatitis B vaccination requirement. The operator shall further be responsible for notifying the health authority in writing of any tattooer or body piercer who fails to complete the Hepatitis B vaccination series.

(g)

All tattooers or body piercers shall complete annual blood borne pathogen training approved by the health authority. Each tattooer or body piercer shall present a certificate documenting that he or she has received this training upon request by the health authority.

(Ord. No. 6332-07)

Sec. 20-73. - Sanitation of tattooing and body piercing tools.

(a)

Every tattoo establishment or body piercing salon shall be provided with, and shall use, proper facilities for cleansing, disinfection and fungicidal treatment of all tattooing or body piercing tools, instruments and implements employed in the practice of tattooing or body piercing. Sinks or containers for disinfecting and fungicidal solutions shall be of such size as will accommodate all tattooing or body piercing tools to be disinfected or treated against pathogens or fungi. A sufficient amount of approved disinfectant solution must be provided at all times for the proper disinfection of all tattooing or body piercing tools. Specimens may be taken from time to time by the health authority to determine whether or not the tattooing or body piercing tools so used in such establishments are free from pathogenic organisms and fungi, and whether or not the disinfecting and fungicidal materials are suitable for their purposes.

(b)

No tattoo establishment or body piercing salon shall use for the service of any patron any tattoo or body piercing tool that has not been thoroughly cleansed, disinfected, and sterilized.

(c)

Sinks or containers used for disinfecting purposes shall be thoroughly cleaned daily and refilled with fresh solution.

(d)

Closed cabinets and covered containers used for the storage of supplies, clean linen and disinfected tools shall be kept in a clean and sanitary condition at all times. Cleaning shall include washing with a disinfecting solution.

(e)

When not in use, tattoo and body piercing tools not used to pierce the skin shall not be left exposed on the work table, but shall be cleaned, disinfected and placed in a clean closed drawer or cabinet.

(f)

Sterilization of tattoo or body piercing tools and other instruments and implements used in the practice of tattooing and body piercing and which touch a patron's skin shall be accomplished by exposure to live steam for at least sixty (60) minutes at a minimum pressure of fifteen (15) pounds per square inch and temperatures of not less than two hundred fifty (250) degrees Fahrenheit in an autoclave, which has been inspected by and approved for use by the health authority. The operator shall be responsible for maintaining a log which indicates that the autoclave has been checked during each cycle and meets the aforementioned standards. Each load of tattooing or body piercing tools shall contain an indicator that demonstrates that the proper temperature has been achieved. A biological indicator shall be used at least every two (2) weeks to demonstrate that the procedure used is capable of killing bacteria. The health authority is authorized to approve alternative sterilization methods.

(Ord. No. 6332-07)

Sec. 20-74. - Sanitation of disposable articles.

(a)

All disposable articles must be stored in a sanitary manner and dispensed properly, in accordance with OSHA guidelines, where applicable. All disposable material must be discarded immediately after use.

(b)

Only disposable, single use needles shall be used to apply tattoos or create body piercings. The needles shall be maintained in a sterile condition until used. These instruments shall not be reused, and shall be disposed of in accordance with applicable state laws. The operator shall maintain invoices or other records sufficient to demonstrate that they have obtained and used an appropriate number of instruments to apply the tattoos or body piercings listed in a logbook maintained on the premises. These invoices and other documentation shall be presented to the health authority upon request.

(c)

All hazardous waste, body fluids, and medical waste of any kind shall be disposed of in accordance with the Virginia Department of Environmental Quality(s Regulated Medical Waste Regulations, 9 VAC 20-120-10 et seq., as may be amended from time to time. After use, all single-use needles, razors, and other such sharp instruments shall be immediately disposed of in accordance with the Virginia Department of Environmental Quality's Regulated Medical Waste Regulations, 9 VAC 20-120-10 et seq., as may be amended from time to time. Documentation of compliance shall be presented to the health authority upon request.

(Ord. No. 6332-07)

Sec. 20-75. - Hygienic practices of tattooing and body piercing.

(a)

All tools and other implements or materials used in the service of a patron shall be removed from the work table immediately after the service of each patron and shall be placed in the proper container. Jars containing jellies, inks, dyes, or pigments shall be kept covered at all times when not in use.

(b)

All work surfaces shall be cleaned and disinfected promptly after each patron's tattoo application or body piercing has been completed. Other surfaces or materials with blood thereon shall also be cleaned and disinfected, or disposed of as infectious waste.

(c)

All inks, dyes and pigments shall be specifically manufactured for performing tattoo procedures and shall be used according to the manufacturer's instructions. Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper or plastic cups. Upon completion of the tattoo, such cups and their contents shall be discarded.

(d)

The shared use of shaving mugs and shaving brushes is prohibited.

(e)

The making of shaving lather in a wash basin or lavatory for use in serving a patron is prohibited.

(f)

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.

(g)

Where jellies are provided in jars or similar containers, they shall be removed with a clean spatula for the use of each patron. Unused portions of jellies remaining from service on a patron shall be discarded. Pigments, once removed from an original container, shall be discarded after use.

(h)

Soap in cake or stick form shall not be used, except where packaged for individual use and used for one (1) person only.

(i)

Tattooers and body piercers shall not remove, or attempt to remove, a wart or a mole or treat any skin or other disease of a patron.

(j)

Preparations may not be used unless they are used in accordance with the manufacturer's recommendations.

(Ord. No. 6332-07)

Sec. 20-76. - Tattoo establishment and body piercing salon patron.

(a)

Tattooers and body piercers shall not apply tattoos or perform piercings on any patron when the skin of the patron within six (6) inches of the application area is inflamed, contains pus or is erupted unless such patron submits a certificate from a duly licensed physician stating that such inflammation or eruption is not communicable. Tattoos and body piercings shall not be applied or carried out within six (6) inches of an infected area of skin or skin covered with a rash.

(b)

Tattooers and body piercers shall not knowingly serve any patron who is afflicted with a fungus infection, nor shall they serve any patron whom they suspect of being infected with any communicable disease.

(c)

Records shall be kept of the name and address of each patron, description of the tattoo or body piercing, phone number of the patron, if available, and date of service. The records shall be retained for one (1) year from date of service.

(d)

The tattooers or body piercers shall provide each patron who receives a tattoo or a piercing with a written instruction sheet detailing the procedures the patron should use for after care of the tattoo or piercing, indications that the tattoo or body piercing may have become infected, a recommendation to have a possibly infected tattoo or body piercing evaluated by a physician or other licensed health care professional, and instructions to report the possibly infected tattoo or body piercing to the health authority.

(e)

Operators, tattooers and body piercers shall refuse service to any person whom the tattooers, body piercer or operator knows, or has reason to believe, is intoxicated or under the influence of legal, illegal or controlled drugs or substances, such that an informed decision by such person as to receiving the tattoo or body piercing can not be made.

(Ord. No. 6332-07)

Sec. 20-77. - Separability clause.

Should any section, subsection, sentence, clause or phrase of this article be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the article in its entirety or any part thereof other than that so declared to be invalid.

(Ord. No. 6332-07)