TITLE 10 CHAPTER 11 POLICE REGULATIONS BODY ART ESTABLISHMENTS

TITLE 10 CHAPTER 11 POLICE REGULATIONS BODY ART ESTABLISHMENTS

CHAPTER 11

BODY ART ESTABLISHMENTS

SECTION: 10-11- 1: Legislative Purpose 10-11- 2: Definitions 10-11- 3: Registration 10-11- 4: Business Permits; Health 10-11- 5: Permit Fees; Health Department 10-11- 6: Permit Forms; Health Department 10-11- 7: Plan Review 10-11- 8: Public Health Facility Permit 10-11- 9: Public Health Operator Permit 10-11-10: Posting Requirements 10-11-11: Permit And Registration; Reporting Requirements 10-11-12: Compliance With Chapter Provisions Required 10-11-13: Communicable Disease Control 10-11-14: Health Officer; Enforcement Authority 10-11-15: Owner's Responsibility 10-11-16: Managers; Requirements 10-11-17: Facilities Held In Common Or Shared 10-11-18: Noncompliance With County Health Officer; Injunctive Relief 10-11-19: Exemptions 10-11-20: Severability 10-11-21: Exposure Control Plan 10-11-22: Exposure Control Training 10-11-23: Reporting Requirements; Complications 10-11-24: Equipment And Instruments 10-11-25: Cleaning, Sterilization, And Housekeeping 10-11-26: Equipment Purchased Presterilized 10-11-27: Sharps Disposal 10-11-28: Clients 10-11-29: Restricted Clients 10-11-30: Technician Condition 10-11-31: Procedures And Preparation 10-11-32: Hepatitis B Vaccination Status 10-11-33: Prohibited Procedures And Activities 10-11-34: Operation Of Body Art Establishment 10-11-35: Temporary And Mobile Body Art Facilities 10-11-36: Penalties 10-11-1: LEGISLATIVE PURPOSE:

It is the purpose and intent of the city council in enacting this chapter to protect the health, welfare, safety, and interest of the public arid of patrons of establishments regulated herein by requiring the licensing and regulation of the establishments, services, and persons herein defined, by providing minimum building, health, and sanitation standards for such establishments, and by requiring minimum qualifications for persons performing such services. (Ord. 539, 4-4-06)

LIVINGSTON MUNICIPAL CODE


10-11-2: DEFINITIONS:

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section: APPROVED: Acceptable to the health officer of the county of

Merced.

ASEPTIC TECHNIQUE: Practices which prevent and hinder the trans-mission of disease producing microorganisms from one person or place to another person or place.

BIOHAZARDOUS WASTE:

Any of the following: (A) Laboratory waste, including, but not limited

to, specimen cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biological agents, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate and mix cultures or material which may contain infectious agents and may pose a substantial threat to health.

(B) Recognizable fluid blood elements and regulated body fluids and containers and articles contaminated with blood elements or regulated body fluids that readily separate from the solid portion of the waste under ambient temperature and pressure. Regulated body fluids are cerebrospinal fluid, synovial fluids, pleural fluid, peritoneal fluid, pericardial fluid, and amniotic fluid.

(C) Sharps, which are objects or devices having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needles, blades and slides.

(D) Contaminated animal carcasses, body parts, excrement and bedding of animals including materials resulting from research, production of biologicals, or testing of pharmaceuticals which are suspected of being infected with a disease communicable to humans.

(E) Any specimens sent to a laboratory for microbiological analysis.

(F) Surgical specimens including human or



animal parts or tissues removed surgically or by autopsy.

(G) Such other waste materials that result from the administration of medical care to a patient by healthcare providers and are found by the administering agency or the local health officer to pose a threat to human health or the environment. If there is a difference in opinion between the administering agency and the local health officer, the local health officer's view will prevail.

BODY ART: To adorn the body through the permanent appli-

cation of a tattoo or insertion of an object, such as jewelry, into a hole for display purposes. Body art is the collective term for any single activity or combination of activities defined herein as tattooing, “body piercing” or “permanent cosmetics”. It shall not include activities such as, or similar to, cutting of the skin or subcutaneous tissue, cutting or modification of cartilage or bone, implantation, branding, deep tissue penetration, threading, stapling or any other invasive procedure, whether or not such act would constitute the practice of medicine requiring licensure as a physician.

BODY ART ACTIVITY: Any temporary or permanent application, process of application, sterilization, sanitization, cleaning, preparation, implementation or other procedure, utilized in the conduct of body art or any associated activity, which is necessary to the conduct of “body art”, as defined in this section.

BODY ART ESTABLISHMENT: Any temporary or permanent premises, business, location facility, mobile facility, or any portion thereof, used or operated as a body piercing parlor or as a permanent cosmetics parlor.

BODY ART TECHNICIAN: A person that has completed an approved blood borne pathogen training course and is registered with the department to conduct body art activity, in a permitted art establishment.



BODY ART TECHNICIAN INDEPENDENT OPERATOR:

A body art technician conducting body art activity at a permitted body art establishment, but who is not an employee of the owner of the body art establishment.

BODY PIERCING: The creation of an opening in the human body for purpose of inserting jewelry or other decorations. This includes, but is not limited to, creating such an opening in the ear, lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations.

CITY: The City of Livingston.

CLIENT: Any person who meets all legal requirements set forth in this chapter and has given informed consent to have body art activity performed upon his or her person.

CONSENT FORM: A document provided by the body art establishment or body art technician independent operator to each person requesting that any body art activity be performed upon his or her person.

CONTAMINATED: The presence or the reasonably anticipated presence of blood or other potentially infectious materials on a substance or in or on an item.

CONTAMINATED WASTE: Any contaminated substance, including, but not limited to, any liquid or semi liquid blood or body fluid or any material that would release potentially infectious material in a liquid or semi liquid state if compressed, or any contaminated sharps, or any items that are caked with dried blood or other potentially infectious material and are capable of releasing these materials during handling.

COUNTY: The county of Merced.

DEPARTMENT: The Merced county department of public health, division of environmental health.

DEPARTMENTAL REGULATIONS:

The regulations pertaining to body art activity and establishments promulgated by the department as currently written or as may from time to time be amended. When adopted by the department, these regulations are incorporated in and become part of this chapter.



ENFORCEMENT OFFICER: The health officer of the county of Merced or his/her designees, the deputy director of environmental health services or his/her assistant deputies, designees and employees.

EXISTING OWNER: An owner of a body art establishment operating on the effective date hereof.

EXPOSURE CONTROL PLAN: A written plan that meets all requirements of title 8, California Code of Regulations 3203 and 5193, to minimize clients’ and employees’ risk of exposure to blood or potentially infectious material.

EXPOSURE INCIDENT: A person's eye, mouth, other mucous membrane, nonintact skin or blood coming in contact with potentially infectious material as a result of body art activity.

HEALTH PERMIT: An annual permit issued to a body art establish-ment by the deputy director of environmental health services.

INSTRUMENT: Approved equipment, devices, and components utilized to conduct body art activity, including, but not limited to, needles, needle bars, needle tubes, forceps, hemostats, tweezers, or other items used to insert pigment or dye, or to pierce, puncture or be inserted into any part of the human body, or to assist in such acts, for the intended purpose of making a tattoo or permanent hole. Such items also include studs, hoops, rings, or other decorative jewelry, materials or apparatuses.

INVASIVE: Entry into a client's body either by incision or insertion of any instruments into or through the skin or mucosa, or by any other means intended to puncture, break, or otherwise compromise the skin or mucosa.

MANAGER: The owner or other person designated by the owner to be the owner's on site representative in a body art establishment, who shall meet the criteria and comply with the provisions set forth in section 10-11-16 of this chapter.

MOBILE BODY ART ESTABLISHMENT:

A vehicle, conveyance or other mobile platform approved for use by the department as a body art establishment.

MOBILE TATOO VEHICLE: A nonpermanent, mobile tattoo establishment operating at a location remote from the permanent



tattoo establishment, from which a tattoo artist does tattooing for a fee or for other considerations.

OWNER: The person, persons or legal entity having legal ownership of a business operating as a body art establishment. Any reference in this chapter to “owning” means having existing owner status.

PERMANENT COSMETICS: Any application of pigment to or under the skin of a person for the purpose of permanently or semipermanently changing the color or appearance of the skin. This includes, but is not limited to, permanent or semipermanent eyeliner, eye shadow, or lip color.

PERMANENT HOLE: A hole produced by piercing or puncturing any part of the body with instruments intended to leave an opening in body tissue in which a device or apparatus may be inserted. Permanent hole includes any body part newly pierced or punctured which is undergoing a healing process, and any piercing or puncture whether or not removal of the device or apparatus from the perforation would result in fusing of the tissue structures.

PHYSICIAN: An individual licensed as a qualified physician by the state of California.

POTENTIALLY INFECTIOUS MATERIAL:

Human body fluids, including, but not limited to, semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, and any other body fluid that is visibly contaminated with blood such as saliva or vomitus, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids.

REGISTRATION: The process as set forth in section 10-11-3 of this chapter whereby persons wishing to be body art technicians file a completed registration form with the department as a prerequisite to conducting body art activities in any jurisdiction wherein this chapter is in force. Registration by the department shall mean the registered body art technician has demonstrated to the department’s satisfaction that the bearer has a level of competency sufficient to practice in this field. Registration shall remain valid for no more than three (3) years.



SANITARY: Clean and free of agents of infection or disease.

SHARPS: Any object, sterile or contaminated, that may intentionally or accidentally cut or penetrate the skin or mucosa, including, but not limited to, needle devices, lancets, scalpel blades, razor blades, and broken glass.

SINGLE SERVICE: Onetime, one person use.

SINGLE USE ITEMS: Products or items that are intended for onetime, one person use and are disposed of after use on each client, including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups and protective gloves.

TATOO:

(A) To insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin.

(B) The indelible mark, figure or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin.

TEMPORARY BODY ART ESTABLISHMENT:

A location that is approved by the department and the city of Livingston as a body art establishment in conjunction with a temporary body art event. (Ord. 539, 4-4-06)

10-11-3: REGISTRATION:

(A) Every person conducting "body art activity" as defined in this chapter, or chapter 9.56 of the Merced County codes, desiring to conduct such activity, on or after the effective date hereof, shall file with the department a completed registration form, accompanied by the applicable fee as set by law.

(B) No person may be registered unless he or she is at least eighteen (18) years of

age. (C) Every person registering with the department must comply with the provisions

for registration established through departmental regulations. (D) Failure to provide all information required by departmental regulations or

submission of false or misleading information shall make the registration invalid. (E) The registrant shall be deemed registered with the department as a body art

technician upon provision of a certificate of registration to the registrant by the



department. Until such time as a certificate of registration is issued, the person is not authorized to conduct body art activity.

(F) Any registration issued by the department certifying that a person is registered

with the department as a body art technician is nontransferable and is valid only for the person to whom it is issued.

(G) Registration shall be valid for three (3) years from date of issuance unless made

invalid earlier due to the registrant's failure to comply with departmental regulations. Upon expiration, any person desiring to continue to conduct body art activity must renew his or her registration and provide all required documentation, as specified in this section. (Ord. 539, 4-4-2006)

10-11-4: BUSINESS PERMITS; HEALTH: Every person wishing to establish a body art establishment within the city of Livingston must first file for a business permit through the city.

(A) Upon receipt of a written application for a business permit with the City of Livingston, the chief of police shall conduct an investigation to ascertain whether such permit should be issued as requested. The chief of police shall, within sixty (60) days of receipt of an application, approve, conditionally approve or deny the application. The sixty (60) day period may be extended for up to thirty (30) additional days, if necessary, to complete the investigation.

The chief of police shall approve such permit as requested, unless he/she makes

any of the following findings:

1. The applicant has been convicted of a violation of California Penal Code sections 266h, 266i, 314, 315, 316, 318, subsection (a) or (b) of Penal Code section 647 or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code section 290, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code section 415 or any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes.

2. The applicant has been convicted of a violation of Health and Safety

Code section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code section 11054, 11055, 11056, 11057, or 11058.

3. The applicant has been convicted of any offense in any other state which

is the equivalent of any of the above mentioned offenses. 4. The applicant has been engaged in conduct in another jurisdiction which,

if it had occurred within the city, would constitute grounds for denial, suspension or revocation under this chapter.

5. The applicant has been subjected to a permanent injunction against the

conducting or maintaining of a nuisance pursuant to sections 11225



through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the state of California.

6. The applicant has engaged in conduct which would constitute an offense

as described in subsection (A)1 of this section. 7. The applicant has committed an act in another jurisdiction which, if

committed in this state, would have been a violation of law and which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit.

8. The applicant has been convicted of an act involving dishonesty, fraud,

deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator.

9. The applicant has had a tattoo and body art permit or other similar

license or permit denied, suspended or revoked for cause by a licensing authority or by any city, county or state.

10. The applicant has made a false, misleading or fraudulent statement or

omission of fact to the city in the permit application process. 11. The city application does not contain all of the information required by

this section. 12. The tattoo establishment does not comply with all applicable laws,

including, but not limited to, health, zoning, fire and safety requirements and standards.

13. If the applicant is denied for failure to comply with subsection (A)2 or

(A)3 of this section, the applicant may not reapply for a period of one year from the date the application was denied.

14. All individuals who will be employed at the establishment must be

identified in full by filling out a completed personnel form with the city during application for a city business permit. The form will include the following information:

(a) Full name, nicknames, aliases used by the employee, home

address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment, and all duties of the employee.

15. All employees must meet the requirements set forth in subsection (A)1 of

this section to be cleared for employment by the establishment.

(B) The city will maintain the authority to revoke a business permit should the body art establishment violate any section of this chapter.



Upon receiving tentative business permit approval through the city, the business owner must then register with the Merced County department of public health, division of environmental health.

(C) The business owner must then show proof to the city that all requirements are

met under section 119303 of the California Health and Safety Code with the necessary certified registration forms.

(D) The business owner must obtain a valid health permit from the Director of Public

Health. (Ord.539, 04-04-06) 10-11-5: PERMIT FEES; HEALTH DEPARTMENT:

Permit fees will be set by the deputy director of environmental health services of Merced County (Merced County ordinance section 9.56.030). This does not cover business permit fees which are separate from this chapter. (Ord. 539, 04-04-06)

10-11-6: PERMIT FORMS; HEALTH DEPARTMENT:

Permit forms will be designated by the deputy director of environmental health services of Merced County. (Ord. 539, 04-04-06)

10-11-7: PLAN REVIEW:

(A) The existing owner of the proposed body art establishment must submit to the city and the department three (3) sets of complete legible plans of his or her body art establishment, drawn to scale, which shall include all specifications required under this chapter The city will review the plans and approve or reject them within a reasonable time of submission. Nothing in this section shall require that plans or specifications be prepared by anyone other than the applicant.

(B) A person proposing to build or remodel a body art establishment shall submit to

the city complete legible plans, drawn to scale, which shall include all specifications required under this chapter. The city will review the plans and approve or reject them within a reasonable time after submission. Nothing in this section shall require that plans or specifications be prepared by anyone other than the applicant. (Ord. 539, 04-04-06)

10-11-8: PUBLIC HEALTH FACILITY PERMIT:

(A) Each person owning a body art establishment shall obtain a public health facility permit by meeting the requirements enumerated in departmental regulations.

(B) Upon review and verification that the owner has met the requirements

enumerated in departmental regulations, the department shall issue a public health facility permit to the owner.

(C) No person may conduct any body art activity in a body art establishment unless

that facility has a valid public health facility permit issued by the department. (D) The department may at any time suspend or revoke the public health facility

permit to operate as a body art establishment for failure to comply with any provision of chapter 9.56 of the Merced County code.

(E) If a public health facility permit has been suspended or revoked by the


4


department pursuant to this chapter or chapter 9.56 of the Merced County code, the permit may be reinstated by the department provided the department is satisfied that the cause for the suspension or revocation no longer exists and the condition of the body art establishment now meets the requirements for issuance of such public health facility permit pursuant to chapter 9.56 of the Merced County code. The department may require the owner of such a body art establishment to make any changes necessary to comply with this chapter, satisfy any fines imposed pursuant to this chapter and to submit plans and specifications reflecting any required changes, as a condition of reinstating the public health facility permit.

(F) Any public health facility permit issued by the department to the owner of a body

art establishment is nontransferable. The public health facility permit shall be valid for the approved facility only, and for the time period indicated, unless suspended or revoked. (Ord. 539, 04-04-06)

10-11-9: PUBLIC HEALTH OPERATOR PERMIT:

(A) Persons wishing to operate as a body art technician or a body art technician independent operator, or intending to do so, shall obtain a public health operator permit by filing a completed application form with the department and paying the required fee, and providing proof of registration as a body art technician with the department.

(B) No person may conduct any body art activity within the City of Livingston unless

that person has a valid public health operator permit issued by the department. (C) The department may at any time suspend or revoke the public health operator

permit for failure to comply with the provisions of this chapter or chapter 9.56 of the Merced County codes. (Ord. 539, 04-04-06)

10-11-10: POSTING REQUIREMENTS:

(A) The public health facility permit issued to the owner of any facility operating as a body art establishment must be posted and exhibited at all times in an area that is visible to the public and clients of said establishment.

(B) The public health operator permit issued to a body art technician must be posted

and exhibited at all times in an area that is visible to the public and clients of any body art establishment in which the body art technician is conducting body art activity.

(C) Every person registered with the department as a body art technician shall at all

times prominently post the certificate of registration adjacent to his or her workstation in an area that is readily visible to clients from that location.

(D) Every establishment permitted to conduct body art activity, pursuant to this

chapter and chapter 9.56 of the Merced County codes, shall have posted at all times a legible sign in at least one inch (1 ") lettering, that provides the following information so as to be clearly visible to patrons entering the establishment:



Any public health concerns regarding this establishment should be

directed to the Merced County Department of Public Health: (The department’s address and phone number will be included)

(E) Every establishment permitted to conduct body art activity pursuant to this

chapter shall have posted at all times a legible sign in at least one inch (1") lettering that provides the name of each body art technician conducting body art activities within the establishment in an area that is easily visible to the clients of said establishment.

(F) Every establishment permitted to conduct body art activity pursuant to this chapter shall have posted at all times a legible sign in at least two inch (2") lettering at all workstations and cleaning rooms or areas, indicating that smoking is prohibited. (Ord. 539, 04-04-06)

10-11-11: PERMIT AND REGISTRATION; REPORTING REQUIREMENTS:

Every person having a public health permit or registration with the department under the provisions of this chapter and chapter 9.56 of the Merced County codes shall report to the department any changes in status to the business or activities made reportable by departmental regulations within fifteen (15) days of the change. (Ord. 539, 04-04-06)

10-11-12: COMPLIANCE WITH CHAPTER PROVISIONS REQUIRED:

(A) Except as exempted under this chapter, or chapter 9.56 of the Merced County codes, every person who conducts a “body art activity”, as defined in this chapter, and chapter 9.56 of the Merced County codes, including any person owning or operating any business or establishment regulated by the chapters mentioned, must comply with the provisions of such said chapters. Each person receiving services resulting from activities regulated by this chapter or chapter 9.56 of the Merced County codes must also comply with the provisions of either chapter.

(B) Any person who operates a body art establishment without a valid public health

facility permit, any person conducting any body art activity without a valid public health operator permit, unless exempted pursuant to this chapter, or any person, who violates any law, ordinance or regulation governing any activity regulated by this chapter, or who, upon demand of the county health officer, refuses or neglects to conform to a lawful order or directive of a county health officer pertaining to conduct regulated by this chapter, or chapter 9.56 of the Merced County codes, is guilty of a misdemeanor punishable by fine of one thousand dollars ($1,000.00). imprisonment in the county jail for a period not to exceed six (6) months, or both Each such act is punishable as a separate offense, and each subsequent day that an act continues constitutes a separate act punishable as a separate offense.

(C) Operating a body art establishment in violation of any provision of this chapter

constitutes a misdemeanor, punishable as provided herein. (D) Except as specified in an approved variance issued pursuant to subsection (E) of

this section, it is unlawful for any person to conduct any body art activity in any manner not conforming to the provisions of this chapter.



(E) Any person seeking to conduct any activity or operate an establishment regulated by this chapter in a nonconforming manner must apply to the city and the department for a variance. Such application must include a detailed description of the proposed nonconforming activity, including, but not limited to, describing all involved equipment, instruments, processes, procedures and methods.

The application must also include any available documentation that verifies that

the nonconforming activity, when conducted as proposed, provides adequate safeguards to the public health and safety. No person may conduct any activity or operate an establishment regulated by this chapter or chapter 9.56 of the Merced County codes in a nonconforming manner without having an approved variance from the department and the city in his or her possession. (Ord. 539, 04-04-06)

10-11-13: COMMUNICABLE DISEASE CONTROL:

If the department has reasonable cause to suspect a communicable disease has been, or may be, transmitted by any person conducting activities regulated by this chapter, or chapter 9.56 of the Merced County codes, or by any use of contaminated equipment, or by other unsanitary or unsafe conditions which may adversely impact the public health and safety, the department may do any or all of the following:

(A) Issue an order excluding from the permitted body art establishment any person

responsible for transmitting a communicable disease, or reasonably believed to be responsible for transmitting a communicable disease, or reasonably believed to pose a substantial risk of transmitting a communicable disease, until the department determines there is no further risk to the public health and safety.

(B) Issue an order to immediately suspend the public health facility permit issued to

the owner of the body art establishment until the department determines there is no further risk to the public health and safety.

(C) Issue an order to an owner, an employee or a client of a body art establishment,

to provide information reasonably deemed necessary to prevent the spread of communicable disease. (Ord. 539, 04-04-06)

10-11-14: HEALTH OFFICER; ENFORCEMENT AUTHORITY:

(A) The county health officer may enter and inspect any body art establishment or enter and inspect any location suspected of conducting any activity regulated by this chapter, and, for purposes of enforcing this chapter or chapter 9.56 of the Merced County codes, the county health officer may issue notices and impose fines therein and take possession of any sample, photograph, record or other evidence, including any documents bearing upon the body art establishment's or body art technician's compliance with the provisions of this chapter or chapter 9.56 of the Merced County codes. Such inspections may be conducted as often as necessary to ensure compliance with the provisions of both city and department codes.

(B) The county health officer shall prepare a written report of the results of the

inspection and provide a copy of such report to the owner or body art technician, as appropriate, in the event any person is cited in the report for a violation of city or department codes, the cited person will be provided a notice to comply by



either personal service or by first class mail to the cited person's last known address or to his or her place of employment.

(C) Upon inspection findings or other evidence, the county health officer may do any

of the following:

1. Impound any equipment, device or supply that is found to be unsanitary, lacking any required approval, or otherwise in such condition that it poses a substantial risk to endanger the public health and safety.

2. Attach a tag to any equipment, device or supply that is found to be

unsanitary, lacking any required approval, or is otherwise in such condition that it poses a substantial risk to endanger the public health and safety, which designates the tagged item as unauthorized for use. No person shall use the tagged item or move or remove the tag without authorization from the department. The department shall commence an administrative review within thirty (30) days of an action impounding or tagging an item to assess the propriety of such action, or release said impounded item or remove the tag from said tagged item. (Ord 539, 04-04-06)

10-11-15: OWNER'S RESPONSIBILITY:

The owner of a body art establishment is responsible for any violation by any person who does any body art activity with the owner's consent in the owner's body art establishment whether such person is an employee or a body art technician independent operator. Any such body art activity done with the owner's actual or constructive knowledge is presumed to be done with the owner's consent. (Ord. 539, 04-04-06)

10-11-16: MANAGERS; REQUIREMENTS:

A manager must have successfully completed the blood borne pathogen training required for registrants under this chapter, and be familiar with the provisions of this chapter as they relate to employees and clients of the body art establishment wherein he or she acts as manager. A manager shall be present in the body art establishment during business hours and at all times during which body art activity is conducted therein. The manager shall immediately identify himself or herself to any county health officer entering the body art establishment on official business. In the owner's absence, the manager shall be authorized to accept on behalf of the owner any notice issued to the owner pursuant to the provisions of this chapter. (Ord. 539, 04-04-06)

10-11-17: FACILITIES HELD IN COMMON OR SHARED:

A violation of any provision of this chapter occurring in an area of a facility held in common or shared by more than one body art establishment, which is related to the condition of the facility or any requirement for obtaining or maintaining a public health facility permit, shall be deemed a violation for which the owner of each such body art establishment is responsible.(Ord. 539, 04-04-06)

10-11-18: NONCOMPLIANCE WITH COUNTY HEALTH OFFICER; INJUNCTIVE RELIEF: Any act or failure to act which is a violation of this chapter and chapter 9.56 of the Merced County codes, may be the subject of a civil action to enjoin the person so acting or failing to act to conform his or her conduct to the provisions of this chapter. A civil



action to enforce the provisions of this section may be brought by the city attorney, the district attorney, county counsel, or any person directly affected by said failure to comply with the provisions of this chapter. The filing and prosecution of such an action shall in no way limit the authority or ability to impose other requirements of this chapter or penalties enumerated hereunder. (Ord. 539, 04-04-06)

10-11-19: EXEMPTIONS:

(A) A physician licensed by the state of California under the Business and Professions Code, chapter 5 (commencing with section 2000 of division 2) who utilizes body art activities as part of patient treatment is exempt from the registration and permitting requirements of this chapter.

(B) A person who exclusively engages in the piercing of the leading edge or earlobe

of the ear shall be exempt from the permitting and registration requirements of this chapter, provided he or she does the following: 1. Performs the procedure through the use of an approved ear perforating

mechanical device to force the single use stud or single use needle through the tissue of the ear; and

2. Utilizes a sterile, disposable, single use stud or single use solid needle

(Ord. 539, 04-04-06)

10-11-20: SEVERABILITY: If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter or the application of such provision to other persons or circumstances shall not be affected thereby. (Ord. 539, 04-04-06)

10-11-21: EXPOSURE CONTROL PLAN:

The owner of every body art establishment shall provide a written exposure control plan, approved by the department, which shall be applicable to all those who perform body art activities within said establishment, describing how the requirements of this chapter will be implemented. The exposure control plan shall meet all the requirements established in section 956.040 of the Merced County codes. (Ord. 539, 04-04-06)

10-11-22: EXPOSURE CONTROL TRAINING:

(A) Prior to registration as a body art practitioner with the county department of public health, division of environmental health, all body art practitioners shall complete and submit proof of completion of an exposure control training program that meets or exceeds the requirements of subsection 9.56.035(d) of the Merced County codes.

(B) The person conducting the training shall be knowledgeable in the subject matter

covered by the elements defined in this section. (C) The organization providing the exposure control training shall provide

appropriate written training materials to each trainee. (D) The content of the exposure control training program shall include:



1. California occupational safety and health administration blood borne

pathogens standard and other applicable standards and regulations with pertinent explanations.

2. The causes, control, and symptoms of the diseases caused by blood borne

pathogens. 3. The modes of transmission of blood borne pathogens. 4. A discussion of risks involved in body piercing and the application of

tattoos and permanent cosmetics and how they may lead to exposure to blood borne pathogens for the client or body art practitioner.

5. The use of personal protective equipment such as disposable gloves and

an explanation of the limitations of the equipment. 6. The importance of hand washing and a demonstration of the hand

washing process as described in section 9.56.065 of the Merced County codes.

7. The types, proper technique and order of tasks before and after putting

on and removing gloves to avoid cross contamination. 8. Activities that compromise a disinfected work area, a sterile procedure

site, inks and pigments, sterile instruments and disinfected skin area. 9. Choosing, using and storing disinfectants and antiseptics. 10. Signs required for contaminated materials and the importance of labeling

chemicals and supplies 11. Information on hepatitis B vaccine, including its efficacy, safety and

method of administration. 12. What constitutes a blood borne pathogen exposure incident including:

(a) How the exposure occurred and what actions are to be taken to

prevent or minimize future exposures. (b) Risk of infection following a blood borne pathogen exposure

incident. (c) Procedures to be followed after an exposure incident, including

medical followup. (d) Opportunity for interactive questions and answers with the

instructor. (Ord. 539, 04-04-06)

10-11-23: REPORTING REQUIREMENTS; COMPLICATIONS: All infections, complications or diseases resulting from the body art activity which become known to the owner or body art technician shall be reported to the department by the informed person within twenty four (24) hours of acquiring such knowledge. Should department offices be closed at such times as to make notification within twenty four (24)



hours impossible, the informed person shall mail written notification to the department within twenty four (24) hours of acquiring such knowledge and follow this by providing the department with oral notification within five (5) working days of acquiring the knowledge. (Ord. 539, 04-04-06)

10-11-24: EQUIPMENT AND INSTRUMENTS:

All equipment and instruments utilized in conducting body art activity shall be used and maintained in accordance with department regulations. (Ord. 539, 04-04-06)

10-11-25: CLEANING, STERILIZATION, AND HOUSEKEEPING:

(A) Instruments that pierce the skin or touch nonintact skin that will be reused shall be cleaned, packaged in appropriately labeled sterilizer pouches and sterilized prior to reuse.

(B) Used instruments that will be sterilized and reused shall be placed in a container

of clean water until cleaned and sterilized. Used instruments must be kept physically separated from sterilized or unused disposable instruments. Disposable instruments must be disposed of directly into a sharps container or into the appropriate trash receptacle after use.

(C) Ultrasonic cleaner, if used, shall be maintained and operated according to

manufacturer's instructions. (D) If an ultrasonic cleaner is not available, instruments shall be cleaned and

disinfected manually by scrubbing with a brush and a disinfectant used according to manufacturer's instructions.

(E) Clean instruments to be sterilized shall be first placed in sterilizer pouches that

contain either a sterilizer indicator or internal temperature indicator. Each pack shall contain instruments for not more than one client. The outside of the pack shall be labeled with the name of the instrument, date sterilized and initials of the person operating the equipment.

(F) Instruments must be repackaged and resterilized if the pouch is torn or otherwise

compromised, if the indicator shows that adequate temperature was not reached or if the item is not used within six (6) months of the date of sterilization.

(G) Sterilized instruments must be maintained and stored in sterilized pouches until

use. (H) Sterilizers shall be operated according to manufacturer's instructions. If

manufacturer's instructions cannot be obtained, steam sterilization shall be accomplished in an autoclave with at least fifteen (15) pounds of pressure per square inch at a temperature of two hundred fifty degrees Fahrenheit (250°F) for at least thirty (30) minutes or as instructed by the director of public health should the standards for sterilization change from time to time.

(I) Liquid sterilants shall not be used to sterilize instruments. (J) Sterilized instruments shall be placed in clean, dry, labeled containers or stored in

a labeled cabinet that is protected from dust and water contamination.



(K) Sterilization equipment shall meet the following requirements:

1. Only sterilizers intended for medical instruments shall be used.

Sterilization equipment shall be cleaned and maintained according to manufacturer's instructions.

2. Sterilization equipment shall be tested after the initial installation, after

any major repair, and at the frequency recommended by the manufacturer. If no manufacturer's recommendation can be found, then the unit shall be tested at least weekly utilizing a biological monitoring system appropriate for the sterilizer type.

3. Biological indicator test results shall be maintained on site and available

for review for a period of two (2) years subsequent to the date of the results.

(L) A written log of each sterilization cycle shall be maintained on site and available

for review for a period of two (2) years, and shall include the following information:

1. Date of load. 2. The contents of the load.

3. The exposure time and temperature.

4. The results of the chemical indicator. (Ord. 539, 04-04-06)

10-11-26: EQUIPMENT PURCHASED PRESTERILIZED:

(A) A practitioner using only purchased, disposable, single use and presterilized instruments shall not be required to have sterilization equipment.

(B) Invoices for the purchase of all presterilized instruments must be maintained on

site and available for review for a period of two (2) years after purchase. Required invoices include, but are not limited to, combo couplers, needle chambers, barrels, casings, tips and needles. (Ord. 539, 04-04-06)

10-11-27: SHARPS DISPOSAL:

(A) Each procedure area shall have a container for the disposal of sharps waste that is rigid, puncture resistant, leakproof and that is closeable and sealable so that when sealed, the container cannot be reopened without great difficulty. The container must be labeled with the words “sharps waste” or with the international biohazard symbol and the word “biohazard”.

(B) All sharps waste produced during the process of tattooing, body piercing, and

permanent cosmetics shall be disposed of by one of the following methods:

1. Steam sterilized on site and disposed of as solid waste. If this method is utilized, a chemical indicator strip or tape that indicates that the container



has been treated must be affixed prior to sterilization, and shall stay affixed to the container when it is disposed..

2. Treated on site by a method approved by the director of public health,

and disposed of as solid waste. 3. Removal and disposal through use of a registered medical waste hauler

in accordance with the provisions of the California medical waste management act. Tracking documents must be maintained on site and be available for review for a period of two (2)years from the date of removal from the body art facility. (Ord. 539, 04-04-06)

10-11-28: CLIENTS:

(A) No body art procedures shall be performed on skin surface areas containing any rash, pimples, boils, or infection or otherwise manifesting any evidence of unhealthy conditions including, but not limited to, any evidence of inflammation, such as redness, swelling, infection, or open or draining lesions.

(B) Prior to receiving a tattoo, body piercing, or permanent cosmetics, the client shall

be verbally informed of the following details. The client will then be required to sign and receive a copy of an informed consent form and postprocedure instructions appropriate to the procedure.

1. History of diabetes, 2. History of hemophilia (bleeding). 3. History of skin disease, skin lesions or skin sensitivities to soaps,

disinfectants, etc. 4. History of allergies or adverse reactions to pigments, dyes, other

sensitivities. 5. History of epilepsy, seizures, fainting or narcolepsy.

6. Use of medications such as anticoagulants, which thin the blood and/or

interfere with blood clotting. 7. Any other conditions such as hepatitis or HIV.

(C) A copy of the signed informed consent form and postprocedure instructions for

all body art procedures must be maintained on site and available for review for a period of two (2) years after the procedure is performed.

(D) The consent form and postprocedure instructions shall include, at a minimum, the

following:

1. Record of information from the client's picture identification showing the name, date of birth, gender, address of client, and driver's license or identification card number.



2. A summary, including the date, location and description of the

procedure. (Ord. 539, 04-04-06)

10-11-29: RESTRICTED CLIENTS: Nipple and genital piercing shall not be performed on any person under the age of eighteen (18) years. Tattoos and permanent cosmetics shall not be applied to any person under eighteen (18) years of age, except when authorized by a physician and performed with the consent and in the presence of the person's parent or guardian. Persons under eighteen (18) years of age may receive body piercing to body parts other than nipples or genitalia provided the body piercing is performed with the consent and in the presence of the person's parent or guardian. For any procedure restricted under this section to persons eighteen (18) years of age or older or requiring the presence and consent of a person's parent or guardian, both the minor and his or her parent or guardian shall provide a valid picture identification, provide proof of parentage or legal guardianship and complete a consent form which conforms with the requirements established in departmental regulations. Body art activity shall not be performed on any person who, in the opinion of the body art technician, has impaired judgment due to the use of drugs or alcohol or for any other reason. (Ord. 539, 04-04-06)

10-11-30: TECHNICIAN CONDITION:

(A) No body art technician whose judgment is impaired for any reason shall perform any body art activity while in such condition.

(B) No body art technician affected with a rash, infection, boils, infected wounds,

open sores, abrasions, keloids, weeping dermatological lesions, or acute respiratory infection shall conduct any body art activity or work in any area of the body art establishment in any capacity in which there is a likelihood that such person could contaminate instruments, equipment, or surfaces or come in contact with another person. (Ord. 539, 04-04-06)

10-11-31: PROCEDURES AND PREPARATION: Body art activities shall be conducted in accordance with the sanitation and preparation procedures set forth in departmental regulations. (Ord. 539, 04-04-06) 10-11-32: HEPATITIS B VACCINATION STATUS: A body art technician shall make available upon request his or her hepatitis B vaccination information as required by department health officers. (Ord. 539, 04-04-06) 10-11-33: PROHIBITED PROCEDURES AND ACTIVITIES:

It is a violation of this chapter for any person to perform or conduct any activities or procedures upon any person that endanger the health or safety of that person, regardless of the consent of the recipient. An invasive procedure or activity, whether or not such procedure or activity constitutes the practice of medicine under the applicable law, endangers the recipient's health and safety unless performed by a person possessing medical expertise. Such prohibited procedures and activities include, but are not limited to, activities or



procedures requiring an injection, cutting of skin or subcutaneous tissue or bone, implantation, branding, deep tissue penetration, threading, stapling, suturing, stitching or pocketing of skin or tissue, or any procedure to reduce the size of or close an orifice, or remove or reduce the size of any skin, cartilage, tissue, organ, or appendage or placement of chemicals or substances onto the skin for purposes of scarring or keloid formation or insertion of chemicals or other solutions into or under the skin surface. Any such procedure or activity shall be conducted only by a licensed medical doctor or by a person specifically authorized by law to conduct the procedure or activity and only when otherwise permitted by law Such procedure or activity shall only be conducted at a facility approved for the conduct of such procedure or activity by the appropriate authority under the applicable laws. Further, no such procedure or activity shall be conducted by a body art technician unless he or she is specifically authorized by law to perform such procedure or activity. It is a violation of this chapter for any person to use in the conduct of body art activity or dispense any drug, chemical, agent or device that requires a licensed medical practitioner's authorization or prescription for use, application or to dispense, without such medical practitioner's authorization or prescription. (Ord. 539, 04-04-06)

10-11-34: OPERATION OF BODY ART ESTABLISHMENT:

The city has established minimum requirements for the design and construction of all body art establishments within its jurisdiction: (A) The establishment must meet and conform to all zoning requirements set forth by

the city. (B) Every operator or applicant for a body art establishment permit shall submit to

the city and county scaled plans and specifications of the proposed facility wherein any body art activity is intended to be conducted demonstrating the compliance of the facility with this section. The board of supervisors may require an on site inspection of the proposed facility to determine and/or ensure compliance with the requirements of this section prior to the issuance by the board of a body art establishment permit pursuant to this section.

(C) A detailed description of all physical requirements within the body art

establishment, which includes all required fixtures, rooms, equipment, material, safeguards, and minimum square feet, is available through the city planning department.

(D) Body art establishments may be open for operation only between the hours of

seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. inclusive, of each day. (Ord. 539, 04-04-06)

10-11-35: TEMPORARY AND MOBILE BODY ART FACILITIES:

The City of Livingston prohibits any form of temporary body art facility within the city limits. Also the use of any type or form of a mobile body art establishment is banned within the jurisdictional boundaries of the City of Livingston. (Ord. 539, 04-04-06)

10-11-36: PENALTIES:

Violation of any section of this chapter or chapter 9.56 of the Merced County codes by the proprietor or practitioner shall constitute a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) per day per




violation or by imprisonment in the county jail for a term not exceeding six (6) months, or both such fine and imprisonment or an infraction pursuant to Merced County codes section 1.20.020. Each day the violation continues and is not corrected shall be treated as a separate and distinct violation. (Ord. 539, 04-04-06)

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TITLE 10 CHAPTER 11 POLICE REGULATIONS BODY ART ESTABLISHMENTS

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