City Code
Section 745 - Body Art Establishments
745.01 Purpose.
This ordinance is enacted to
establish standards to protect health, safety and general welfare of the
people of Edina through regulation of body art establishments.
The general objectives of this
ordinance are:
A. To prevent disease transmission;
B.
To correct and prevent conditions that may adversely affect
persons utilizing body art establishments;
C. To provide standards for the
design, construction, operation, and maintenance of body art
establishments; and
D. To meet consumer expectations of
the safety of body art establishments.
745.02 General Provisions.
Subd. 1. Scope.
This ordinance shall apply to all individuals performing body art
procedures and all body art establishments where tattooing and body
piercing are conducted.
Subd. 2. Exemptions.
Licensed medical or dental personnel
that tattoo or pierce as part of a medical or dental procedure are
exempt from this ordinance. Also, individuals piercing only the lobe of
the ear using a pre-sterilized single use ear-piercing system with the
stud and clasp contained in a single use cartridge or cassette following
the manufacturers instructions are exempt from this ordinance’s license
requirements.
Subd. 3. Prohibitions.
No individual shall:
A. Conduct branding, cutting, implantation, suspension, or
scarification of another individual;
B.
Use an ear piercing system on any part of the client’s body other
than the lobe of the ear.
C. Pierce or tattoo the genitalia or
nipples of a minor;
D. Practice tattooing or piercing
while under the influence of alcohol, controlled substances as defined
in Minnesota Statutes, section 152.01, subd. 4, or hazardous substances
as defined in the rules adopted under Minnesota Statutes, Chapter 182;
or
E. Operate a
body art establishment or perform body art procedures as described in
this ordinance without a license.
745.03 Definitions.
Aftercare
means written instructions given to the client, specific to the
procedure(s) rendered, on caring for the body art and surrounding area.
These instructions shall include information on when to seek medical
treatment.
Antiseptic
means an agent that destroys disease-causing microorganisms on human
skin or mucosa.
Body Art
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 licensed 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.
Body Art Establishment
means any place or premise,
whether public or private, temporary or permanent in nature or location,
where the practices of body art, whether or not for profit, are
performed.
Body Piercing
means the penetration or puncturing of human skin by any method, for the
purpose of inserting jewelry or other objects, in or through the human
body. “Body Piercing” shall not refer to any medical procedure performed
by licensed medical or dental personnel. Also, “Body Piercing” shall
not refer to the puncturing of the lobe of the ear using a
pre-sterilized ear-piercing system with the stud and clasp contained in
a single use cartridge or cassette following the manufacturers
instructions.
Body Scarification or Scarring
shall mean any method of
applying a scar to the body for the purpose of creating a permanent mark
or design on the skin.
Branding
shall mean any method using heat,
cold, or any chemical compound to apply a scar to the body for the
purpose of creating a permanent mark or design on the skin.
Contaminated Waste
means any liquid or semi-liquid
blood or other potentially infectious materials; contaminated items that
would release blood or other potentially infectious materials in a
liquid or semi-liquid state if compressed; items that are caked with
dried blood or other potentially infectious materials and are capable of
releasing these materials during handling; sharps and any wastes
containing blood and other potentially infectious materials, as defined
in Code 29 of Federal Regulations Part 1910.1030, known as “Occupational
Exposure to Blood borne Pathogens.”
Cosmetic Tattooing.
See definition of tattooing.
Cutting
means the practice of cutting the
skin, mucosa or part of the body to create a permanent scar or division
of tissue for the purpose of body art. “Cutting” shall not refer to any
medical procedure performed by licensed medical or dental personnel.
Disinfection
means the destruction of
disease-causing microorganisms on inanimate objects or surfaces, thereby
rendering the objects safe for use or handling.
Ear Piercing System
means an instrument designed to puncture the ear lobe using a
pre-sterilized single use stud and clasp earring.
Equipment
means all machinery, including
fixtures, containers, vessels, tools, devices, implements, furniture,
display and storage areas, sinks, and all other apparatus and
appurtenances used in the operation of a body art establishment.
Establishment Plan
means a to-scale drawing of the
establishment’s layout illustrating the requirements of this ordinance.
Hand sink
means a lavatory equipped with hot
and cold water held under pressure, used solely for washing hands,
wrists, arms or other portions of the body.
Health Department
means the Edina Health Department,
its designated employees, or other designated agents.
Hot Water
means water at least 110 ° F.
Implanting
means to fix or set securely an
object in or under tissue and includes, but is not limited to,
3-dimensional body art applications. Implanting does not include
medical procedures performed by licensed medical and dental personnel.
Individual
means a human being.
Jewelry
means any personal ornament inserted
into a newly pierced area.
Liquid Chemical Germicide
means a disinfectant or
sanitizer registered with the Environmental Protection Agency.
Operator or Technician
means any individual who
controls, operates, manages, conducts or practices body art activities
at a body art 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.
Person
means any individual, partnership,
corporation, or association.
Procedure
means body art as defined in this Section.
Procedure Area
means the physical space or room
used solely for conducting body art procedures.
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 art 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 work area
requiring sanitizing.
Remodel
means any change to the current
establishment requiring either a building or trades permit for the work
to proceed. “Remodel” does not include changes to the front desk area,
waiting area, painting, wallpapering, or carpeting, even if a permit is
otherwise required. 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 Edina Health Department.
Sanitization
(or to sanitize) means a process of reducing the numbers of
microorganisms on clean surfaces and equipment to a safe level.
Safe Level
means not more than 50 colonies of
microorganisms per 4 square inches of equipment or procedure surface.
Sharps
means any object (sterile or
contaminated) that may purposefully or accidentally, cut or penetrate
the skin or mucosa including, but not limited to, pre-sterilized single
use needles, scalpel blades, and razor blades.
Sharps Container
means a puncture-resistant,
leak-proof container that is closed for handling, storage,
transportation and disposal. The “Sharps Container” shall be labeled
with the international biohazard symbol.
Single Use
means products or items intended for
one time use and are disposed of after use on each client. Examples of
“Single Use” items include cotton swabs or balls, tissues or paper
products, paper or plastic cups, gauze and sanitary coverings, razors,
piercing needles, tattoo needles, stencils, ink cups, and protective
gloves.
Standard Precautions
(or “universal precautions”) means a
set of guidelines and controls, published by the Center for Disease
Control (CDC) as “Guidelines for Prevention of Transmission of Human
Immunodeficiency Virus and Hepatitis B Virus to Health-care and
Public-Safety Workers”. 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 handwashing, gloving, personal
protective equipment, injury prevention, and proper handling and
disposal of needles, other sharp instruments, and blood and body fluid
contaminated products.
Sterilization
means a process resulting in the
destruction of all forms of microbial life, including highly resistant
bacterial spores.
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.
Tattooing
means any method of placing ink or
other pigments into or under the skin or mucosa with needles or any
other instruments used to puncture the skin, resulting in permanent
coloration of the skin or mucosa. This includes all forms of cosmetic
tattooing.
745.04 License Administration.
Subd. 1. License Required.
No person shall own or operate a body art establishment without an
establishment license. Each license shall be obtained from the City
Clerk pursuant to Section 160 of this Code.
Subd. 2. Licensing Procedure.
A. All applications, new and
renewal, for licenses shall be made upon forms furnished by the City
Clerk. The application shall be submitted to the City Clerk accompanied
by a fee as set forth in Section 185 of this Code.
B. Each establishment license
application shall describe the general nature of the business, the
location, and any other information deemed necessary by the Health
Department.
Subd. 3. Location Restricted.
No individual shall
engage in body art activities at any place other than a licensed
establishment.
Subd. 4. License Expiration.
Licenses issued pursuant to this code shall commence and expire on the
dates indicated on the license.
Subd. 5.
Transfer and Display of License. Only a person
who complies with the requirements of this ordinance shall be entitled
to receive a license. A license shall not be transferable as to person
or place. A valid license shall be posted pursuant to Section 160 of
this Code.
745.05 Inspection and Plan
Review.
Subd. 1.
Inspection Required.
The Health Department shall inspect each body art establishment:
A. Before issuing a license for a
new establishment;
B. As part of a construction or
remodeling plan review;
C. As part of a complaint
investigation; or
D. At least once a year for a
routine inspection.
Subd. 2.
Construction Inspections. The body
art establishment shall be constructed in conformance with the approved
plans. The Health Department shall inspect the body art establishment
as frequently as necessary during the construction to ensure that the
construction occurs in conformance with this ordinance. The Health
Department shall conduct a final construction inspection prior to the
start of operations and issuance of a license.
Subd. 3. Access to Premises and
Records. The operator of
the body art establishment shall, upon request of the Health Department
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 for the Health
Department to ascertain compliance to this ordinance.
Subd. 4. Interference with the Health Department. No
person shall interfere with or hinder the Health Inspector in the
performance of its duties, or refuse to permit the Health Department to
make such inspections.
Subd. 5. Removal and Correction of Violations.
Operator(s) or technician(s) shall correct or remove each violation upon
receipt of an inspection report giving notification of one or more
violations of this ordinance in a reasonable length of time as
determined by the Health Department. The length of time for the
correction or removal of each such violation shall be noted on the
inspection report. Failure to remove or correct each violation within
the time period noted on the inspection report shall constitute a
separate violation of this ordinance. The Health Department may issue
orders to halt construction or remodeling, or to take corrective
measures to ensure compliance with this ordinance.
745.06 Grounds for Closure.
Subd. 1.
Violations.
If any violation of this Code exist, the operator(s) or technician(s)
may be ordered to discontinue all operations of the body art
establishment. Body art establishments shall only reopen with
permission from the Health Department.
745.07 Standards for Health and
Safety. No operator or
body art establishment shall engage in body art activities without
complying with the following regulations:
Subd. 1. Facilities.
A. Any new or remodeled
establishment shall submit to the Health Department a to-scale
establishment plan in sufficient detail to ascertain compliance with
conditions in this ordinance.
B. There shall be no less than one
hundred fifty (150) square feet of floor space for each procedure area.
The procedure area(s) must be separated from the bathroom, retail sales
area, hair salon area, or any other area that may cause potential
contamination of work surfaces. For clients requesting privacy,
dividers, curtains, or partitions at a minimum shall separate multiple
procedure areas.
C. Each establishment shall have a
readily accessible handsink that is not in a public restroom and is
equipped with:
(1) Hot and cold running water under
pressure;
(2) No touch faucet controls such as
wrist or foot operated;
(3) Liquid hand soap;
(4) Single use paper towels; and
(5) A garbage can.
D. Every establishment shall have at
least one available bathroom equipped with a toilet and a hand
lavatory. The hand lavatory shall be supplied with:
(1)
Hot and cold running water under pressure;
(2) Liquid hand soap;
(3) Single use paper towels or
mechanical hand drier/blower;
(4) A garbage can;
(5) A door that closes; and
(6) Adequate ventilation.
E. The establishment shall 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 performed, where
sterilization takes place, and where instruments and sharps are
assembled.
F. All procedure surfaces shall be
smooth, nonabsorbent and easily cleanable.
G. All ceilings shall be in good
condition.
H. All walls and floors shall be
free of open holes or cracks and washable.
I. All facilities shall be
maintained in good working order.
J. All facilities shall be
maintained in a clean and sanitary condition.
K. No establishment shall be used or
occupied for living or sleeping quarters.
L. Only service animals may be
allowed in the establishment. No animals shall be allowed in the
procedure area(s).
M. Effective measures shall be taken
by the operator to prevent entrance, breeding, and harborage of insects,
vermin, and rodents in the establishment.
Subd. 2. Equipment and Instruments.
A. All jewelry used as part of a
piercing procedure shall be sterilized before use. All reusable
instruments shall be thoroughly washed to remove all organic matter,
rinsed, and sterilized before and after use. All needles shall be
sterilized single use needles. All sterilization shall be conducted
using steam heat. Steam heat sterilization units shall be operated
according to the manufacturer’s specifications.
B. Jewelry must be made of surgical
implant grade stainless steel, solid 14k or 18k white or yellow gold,
niobium, titanium or platinum, and/or a dense low-porosity plastic.
Jewelry must be free of nicks, scratches or irregular surfaces and must
be properly sterilized prior to use.
C. All inks, dyes, and other
pigments shall be specifically manufactured for tattoo procedures. The
mixing of approved inks, dyes, or pigments, or their dilution with
distilled water or alcohol is acceptable.
D. Immediately before applying a
tattoo, the quantity of the dye used shall be transferred from the dye
bottle and placed into single use paper or plastic cups. Upon
completion of the tattoo, these single use cups and their contents shall
be discarded.
E. All tables, chairs, furniture or
other procedure surfaces that may be exposed to blood or body fluids
during the tattooing or piercing procedure shall 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.
F. Single use towels or wipes shall
be provided to the client. These towels shall be dispensed in a manner
that precludes contamination and disposed of in a cleanable garbage
container with a liner.
G. All bandages and surgical
dressings used shall be sterile or bulk-packaged clean and stored in a
clean, closed container. All instruments and supplies shall be stored
clean and dry in covered containers.
H. All equipment and instruments
shall be maintained in a good working order and in a clean and sanitary
condition.
Subd. 3. Skin Preparation.
A. Whenever it is necessary to shave
the skin, a new disposable razor must be used for 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 on any area of the skin where there is an evident infection,
irritation, or open wound.
Subd. 4. Hand Washing and Hygiene.
A. Each technician shall scrub his
or her hands and wrists thoroughly for 20 seconds before and after
performing a body art procedure.
B. Technicians with skin infections
of the hand shall not perform body art procedures.
C. The technician must wash his or
her hands after contact with the client receiving the procedure or after
contact with potentially contaminated articles.
D. Technicians shall wear clean
clothing and use a disposable barrier such as a lap cloth when
performing body art procedures.
E. For each client, single use
disposable barriers shall be provided on all equipment used as part of
the procedure that cannot be sterilized according to 745.07. Subd. 2.
A. Examples may include, but not limited to spray bottles, procedure
light fixture handles, and tattoo machines.
F. Technicians shall not smoke, eat,
or drink while performing body art procedures.
745.08 Glove Use.
Subd. 1.
While performing body art procedures, single use gloves of adequate size
and quality as to preserve dexterity shall be used for touching clients,
for handling sterile instruments, or for handling blood or body fluids.
Gloves must be changed if:
A. They become damaged;
B. They come in contact with any
non-clean surface or objects; or
C. They come in contact with a third
person.
Subd. 2.
At a minimum, gloves shall be
discarded after the completion of a procedure on a client.
Subd. 3.
Hands and wrists must be washed
before putting on a clean pair of gloves and after removing a pair of
gloves. Gloves shall not be reused.
745.09 Disposal of Contaminated
Products.
Subd. 1.
Contaminated waste that may release liquid blood 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, Occupational
Exposure to Bloodborne Pathogens.
Subd. 2.
Contaminated waste that does not release liquid blood or body fluids
when compressed or handled may be placed in a covered receptacle and
disposed of through normal, approved disposal methods.
Subd. 3.
Sharps ready for disposal shall be disposed of in an approved sharps
container.
Subd. 4.
Storage of contaminated waste on-site shall not exceed the period
specified by 29 CFR Part 1910.1030, Occupational Exposure to Bloodborne
Pathogens.
745.10 Technician Requirements and
Professional Standards.
Subd. 1.
Technician Information. The following information shall be kept on
file for two years on the premises and available for inspection by the
Health Department for each technician:
A. Full name;
B. Home address;
C. Home phone number;
D. Date of birth;
E. Identification photo, and;
F. Exact duties.
Subd. 2. Operation Records.
The following information shall be kept on file for two years on the
premises and available for inspection by the Health Department:
A. A description of all body art
procedures performed;
B. An inventory of instruments, body
jewelry, sharps, and inks or pigments used for all procedures including
the names of manufacturers, serial and lot numbers. Invoices or orders
shall satisfy this requirement; and
C.
A copy of this ordinance shall be available at all times on
premises.
Subd. 3.
Parental Consent .
No technician shall tattoo or pierce any person under the age of 18 years
unless the person provides written consent from both the custodial and
noncustodial parents where applicable, if required by M. S. 609.2246, and
the written consent from a custodial parent given by the parent in person
at the establishment.
Subd. 4. Proof of Age.
Technicians shall request proof of age
prior to performing procedures on any client. Proof of age is established
by one of the following:
A. 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;
B. A valid military identification
card issued by the United States Department of Defense;
C. A valid passport; or
D. A resident alien card.
Subd. 5. Client Records.
In order to aid in proper healing following the procedure, the technician
shall provide a release form to the client and the client may indicate if
he or she has:
A. Diabetes;
B. A history of hemophilia;
C. A history of skin diseases, skin
lesions, or skin sensitivities to soap, disinfectants, etc.;
D. A history of allergies to metals;
E. A history of epilepsy, seizures,
fainting or narcolepsy;
F. A condition where the client takes
medications, such as anticoagulants, that thin the blood and/or interferes
with blood clotting; or
G. Any other information that would
aid the technician in body art procedure process evaluation.
Subd. 6.
Release and Consent.
A. The technician shall ask the client
to sign and date the release form confirming that the information listed
in 745.10. Subd. 5. was obtained or was attempted to be obtained.
B. Before administering a body art
procedure, the client must sign and date a consent form. The consent form
shall disclose:
(1) That any tattoo should be
considered permanent; it may only be removed with a surgical procedure;
and any effective removal may leave scarring; or
(2) That any piercing may leave
scarring.
Subd. 7.
Grounds to Refuse Service.
Body art procedures shall
not be performed on any individual who appears to be under the influence
of alcohol; controlled substances as defined in Minnesota Statutes,
Section 152.01, subd. 4; or hazardous substances as defined in rules
adopted under Minnesota Statutes, Chapter 182.
Subd. 8.
Client Record Maintenance.
The body art establishment operator shall maintain proper records for each
client. The records of the procedure shall be kept for two years and
shall be available for inspection by the Health Department upon request.
The records shall include the following:
A. The date of the procedure;
B. Record of information on picture
identification showing name, age, and current address of the client;
C. Copy of the release form signed and
dated by the client;
D. The nature of the body art
procedure performed;
E. The name 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 745.10. Subd. 3., if applicable.
Subd. 9.
Aftercare.
Technicians shall provide each client with printed instructions on
recommended care of the body art during the healing process.
Subd. 10.
Notification.
Operators and technicians shall notify the Health Department immediately
of any reports they receive of a potential blood borne pathogen
transmission.
Subd. 11.
Industry Self-Survey and Training Responsibility.
Every licensee of a body art establishment shall arrange for and maintain
a program of sanitation self-inspection conducted by the owner, operator,
technician, or apprentice and approved by the Health Department. The
self-inspection program shall include written policies, appropriate forms
for logging self-inspections, and evidence that routine self-inspection of
all aspects of the body art establishment takes place. Records of the
body art establishment self-inspection program shall be available for
review.
History: Ord. 2002-11 adopted
03-04-03
Reference: M.S. Section 152.01;
M.S. Chapter 182; M.S. Section 609.2246 and 29 CFR 1910.1030 |
