HEALTH REGULATION #10

TATTOO ESTABLISHMENTS

TOOELE COUNTY HEALTH DEPARTMENT

TATTOO ESTABLISHMENTS

REGULATION

Adopted by the Tooele County Health Department

Under Authority of Section 26-24-20

Utah Code Annotated, 1953

CERTIFIED OFFICIAL COPY

TOOELE COUNTY HEALTH DEPARTMENT

By___________________________________

Director

HEALTH REGULATIONS TATTOO ESTABLISHMENTS Page

1.0 Definitions ................................................ 1
2.0 Purpose .................................................. 2
3.0 Jurisdiction of the Department ................................. 2
4.0 Powers and Duties .......................................... 2
5.0 Scope ................................................... 3
6.0 Condemning or Closing a Tattoo Establishment .................... 3
7.0 Permits Required ........................................... 4
8.0 Plans Required ............................................ 6
9.0 Construction and Operation Requirements ........................ 8
10.0 Notice ................................................. 14
11.0 Enforcement ............................................ 15
12.0 Right to Appeal .......................................... 16
13.0 Penalty ................................................ 16
14.0 Severability ............................................. 17
15.0 Effective Date ........................................... 171

REGULATION No. 86-4

A REGULATION FOR TATTOO ESTABLISHMENTS WITHIN TOOELE COUNTY AND ESTABLISHING AN INSPECTION FEE AND PROVIDING A PENALTY

1.0 DEFINITIONS

For the purpose of these regulations and unless otherwise defined in other sections of these regulations the following terms, phrases and words shall have the meaning herein expressed.

1.1 Department: The Tooele County Health Department. (Amended 95-5,

5/19/95)

1.2 Director: The Director of the Tooele County Health Department or his authorized representative. (Amended 95-5, 5/19/95)

1.3 Nuisance: Unlawfully doing any act which either annoys, injures or endangers the comfort, repose, health or safety of any person, or that renders a person insecure in life or the use of property.

1.4 Operator: Any person responsible for management or operation of a tattoo establishment or any employee or person performing tattooing.

1.5 Owner: Any person who alone or jointly or severally.

a. Has legal title to any premises, tattoo establishment dwelling or dwelling unit, with or without accompanying actual possession thereof.

b. Has charge, care, or control of any premises, tattoo establishments, dwelling or dwelling unit,

2 as legal or equitable owner, lessee, or is an executor, executrix, administrator, administratix, trustee, or guardian of the estate of the owner.

1.6 Person: Any individual, public or private corporation and its officers, partnership, association, firm, trustee, executor of an estate, the state or its departments, institution, bureau, agency, county, city, political subdivision, or any legal entity recognized by law.

1.7 Tattoo: A permanent mark or design made on or under the skin by, a process of pricking or ingraining an indelible pigment, dye or ink in the skin.

1.8 Tattoo Establishment: Any location, place, area, structure, or business used for the practice of tattooing or the instruction of tattooing.

2.0 PURPOSE

It is the purpose of these regulations to regulate tattoo establishments,

tattooing, skin illustration, and instruction in tattooing or skin illustrating, in

a manner that will protect the public health, safety and welfare; prevent the

spread of disease; and prevent the creation of a nuisance within Tooele

County.

3.0 JURISDICTION OF THE DEPARTMENT

All tattooing enumerated in Section 2.0 shall be subject to the direction and

control of the Department.

4.0 POWERS AND DUTIES

The Department, by the Director, shall be responsible for the administration

of these regulations and any other powers vested in it by law and shall:

4.1 Require the submission of plans and specifications for tattoo

establishments as necessary to implement the provisions of these

regulations.

4.2 Issue such permits and charge such permit fees as necessary to

implement the provisions, requirements, and standards of these

regulations.

4.3 Make inspections of any tattoo establishment and issue orders

necessary to effect the purposes of these regulations.

4.4 Take samples and make analysis or tests of pigments, dyes or inks,

instruments, or equipment or require the sampling, analysis or

testing of the same.

4.5 Do any and all acts permitted by law that are necessary for the

successful enforcement of these regulations.

5.0 SCOPE

5.1 It shall be unlawful for any person not to comply with any rule or

regulation promulgated by the Department, unless expressly waived

by these rules and regulations.

5.2 These regulations do not apply to any establishment under control

and direction of a duly licensed medical doctor, nor do they apply

to licensed hospitals or similarly licensed institutions.

6.0 CONDEMNING OR CLOSING A TATTOO ESTABLISHMENT

6.1 Any tattoo establishment that fails to meet the requirements of these

regulations, and has been found to be a threat to the public health,

safety, or welfare may be condemned and closed by the Department

and designated by a placard posted in a conspicuous place.

6.2 The Department shall give notice in writing to the owner or operator

of the tattoo establishment condemned and closed.

6.3 No owner or operator whose tattoo establishment has been

condemned, closed, and placarded shall tattoo any person or

instruct any person in tattooing until written approval is received

from the Department. The Department shall remove the placard

whenever the violation(s) upon which condemnation, closing, and

placarding were based has been remedied.

6.4 No person shall deface or remove a placard from any tattoo

establishment that has been condemned and closed by the

Department.

6.5 Any owner or operator affected by the condemning, closing, and

placarding of a tattoo establishment may request and be granted a

hearing as provided in Section 12.0.

7.0 PERMITS

7.1 Department approval and permits required.

No person shall operate a tattoo establishment without approval and

corresponding valid permit from the Department.

7.2 Application requirements for approval and permit.

a. Application for approval for construction of a tattoo

establishment or a permit for operating a tattoo

establishment shall be in writing setting for the plans,

specifications, and reports as required in the applicable

sections of these regulations. The Department may

prescribe the form on which the information required

under these regulations shall be submitted. Application

shall be made within the following time periods:

(1) For approval for construction of a new tattoo

establishment, at least 30 calendar days prior to

the start of construction.

(2) For a permit to operate a new tattoo

establishment prior to commencement of

operation of the tattoo establishment.

(3) For a permit to operate an existing tattoo

establishment, no later than 90 calendar days

after the effective date of these regulations.

b. Upon approval of the permit application, the Department

shall issue a permit. Such permit shall expire on January 1

of each year following issuance and be renewable within

60 calendar days prior to the expiration date.

7.3 Permit fees

Each tattoo establishment shall submit a fee, as set by the Tooele

County Board of Health, with application for each permitting period

(January 1 st to December 31 st ). If the permit fee and application

have not been received by the 31 st of December, a late fee of $50.00

will be assessed.

7.4 Permits non-transferable.

No permit shall be transferable from one person to another or from

one tattoo establishment to another.

7.5 Denial, suspension or revocation of approval or permit.

a. Causes: Construction approval or any permit issued

pursuant to these regulations may be denied, suspended,

or revoked by the Director for any of the following

reasons:

(1) Failure of the reports, plans, or specifications to

show that the tattoo establishment will be

constructed, operated, or maintained in

accordance with the requirements and standards

of these rules and regulations adopted by the

Department.

(2) Submission of incorrect or false information in

the application, reports, plans, or specifications.

(3) Failure to construct, operate, or maintain the

tattoo establishment in accordance with the

application, reports, plans, and specifications

approved by the Department.

(4) Operation of the tattoo establishment in a way

that causes or creates a nuisance or hazard to the

public health, safety, or welfare.

(5) Violation of any rules and regulations,

restrictions, or requirements adopted by the

Department.

(6) Violation of any condition upon which the permit

was issued.

(7) Failure to pay the permit fee.

(8) Failure of the owner or operator of a tattoo

establishment to permit or allow the Department

to conduct inspections to determine compliance

with these regulations.

b. Hearing: If any permit is denied, suspended, or revoked,

the applicant may request a hearing within 10 calendar

days of such action. The hearing shall be held before the

Director within 10 calendar days after the request. Within

10 calendar days after the hearing, the Department shall

send written notice to all parties of the decision of the

Director and the reasons therefor.

8.0 PLANS REQUIRED

8.1 Construction and operation of a tattoo establishment shall not be

initiated before plans and specifications have been approved by the

Department, and no significant modification shall be made in any

tattoo establishment or the operation of the establishment without

the approval of the Department.

8.2 Plans and specifications shall be submitted to the Department for

review and approval. The plans and specifications shall include the

following:

a. The name and location of the tattoo establishment.

b. The name of the owner and information in the application,

reports, plans, or specifications; operator and their current

home addresses and telephone numbers;

c. The number of employees at the tattoo establishment.

d. The hours of operation of the tattoo establishment.

e. The square footage of the tattooing area and general floor

plan of the tattoo establishment.

f. The equipment, instruments, and materials that will be

used.

g. The tattooing procedures to be used.

h. The sterilization procedures to be used.

i. The name, content and source of pigments, dyes and inks.

j. The location and availability of toilet and hand washing

facilities.

k. Any other information specifically requested by the

Department to ensure compliance with these regulations.

9.0 CONSTRUCTION AND OPERATION REQUIREMENTS

Unless otherwise ordered or approved by the Department, each tattoo

establishment shall be constructed, operated, and maintained to meet the

following minimum requirements:

9.1 Physical facilities

a. The walls, floors and ceiling shall have an impervious,

smooth, and sanitizable surface and shall be clean and in

good repair.

b. The tattoo establishment shall be equipped with hot and

cold running water, properly installed in compliance with

applicable law. Toilet facilities shall be easily accessible to

the tattooing area at all times that the tattoo establishment

is open for business. Handwashing facilities shall be

located close to toilet facilities and easily accessible to the

tattooing area, and shall be supplied with hot and cold

running water, soap, and sanitary towels. The use of

common towels is prohibited.

c. All tables and chairs shall be constructed of easily

cleanable material and of a smooth, sanitizable finish. All

tables and chairs shall be clean and in good repair.

d. The tattooing area shall be separated from waiting

customers or observers by a wall or at least a panel of no

less than four feet (1.3 meters) in height.

e. The room where tattooing is performed shall be lighted to

provide at least 30 foot-candles of illumination. Other

rooms of the tattoo establishment shall be lighted

sufficiently to allow proper cleaning and sanitizing, at least

20 foot-candles of illumination.

f. No owner or operator shall use a tattoo establishment for

housing, sheltering, or harboring or cause or permit the

same to be used as living or sleeping quarters by

employees or other persons.

9.2 Linen requirements.

All linen used in a tattoo establishment, including linen used for a

supine table or knee padding, shall be clean and sanitary for each

new person to be tattooed. Linen shall be kept in a closed, airtight

container with a constant supply of formaldehyde or other active

sanitizing agent.

9.3 Equipment and instruments.

a. Only sterilized single-service safety razors shall be used to

shave the skin of each individual in preparation for

tattooing. Each razor shall be discarded into a covered

waste container immediately after use.

b. All absorbent products used for drying the skin after

disinfecting or scrubbing the skin prior to tattooing or

during application of dyes or inks shall be clean and

sanitary single-service products and discarded immediately

after use into a covered waste container immediately after

use.

c. All needles and instruments used for tattooing shall be

sterile. All ready-to-use needles and instruments shall be

kept in a closed glass or metal case or cabinet while not in

use. The case or cabinet shall be easily cleanable,

maintained in good repair, and shall be sanitary at all times.

d. Before each use, all stencils to be used in tattooing shall be

disinfected by the use of an antiseptic solution approved

by the Director. When not in use, the stencils shall be

stored in a case or cabinet that is easily cleaned and kept

in a clean and sanitary condition at all times.

e. All instruments, excluding plastic stencils, to be used in

tattooing shall be wrapped in surgical linen wrappers

approved by the Director and shall be sterilized by moist

heat in an autoclave for at least 30 minutes at a pressure of

15 pounds per square inch at a temperature of 240 F (116

C) before each use, or 15 minutes at a pressure of 20

pounds at a temperature of 250 F (121 C). The owner or

operator of the tattoo establishment shall not use or allow

the use of needles or instruments for tattooing on different

individuals without first sterilizing the needles and

instruments in accordance with this Section. Any other

method of sterilization shall be approved by the Director.

f. The autoclave or other method of sterilization approved by

the Director shall be maintained in good operating

condition and shall be tested at least every 30 days to

verify proper sterilization. The Kilit Ampule sterilization

test or other tests approved by the Director shall be used.

The results of the sterilization test shall be made available

to the Department upon request. The autoclave or other

sterilization method shall be subject to periodic and routine

inspection by the Department.

g. The needles and instruments required to be sterilized shall

be used, handled and temporarily placed during tattooing

in a way that they are not contaminated.

9.4 Pigments, dyes, and inks.

a. Only single-service or individual containers of pigments,

dyes, or inks shall be used for each individual to be

tattooed and the container shall be discarded immediately

after completing work on the individual. Any pigment,

dye, or ink in which a needle(s) has been dipped shall not

be used on another individual.

b. Only sterile pigments, dyes, or inks shall be used in any

tattoo establishment.

9.5 Operators and personnel.

a. Prior to operating or being employed in a tattoo

establishment a person shall demonstrate to the

Department that he has the qualifications and knowledge

required for operation of a tattoo establishment or

applying tattoos or both.

b. Students studying tattooing shall be registered with each

establishment operator under whom they study. Each

student while in the tattoo establishment and while

practicing tattooing shall be under the direct supervision of

the operator at all times and shall follow the requirements

of these regulations.

c. It shall be the responsibility of the tattoo establishment

owner or operator who has employees or students to

verify that all health regulations are observed at all times by

his employees and students and by others entering onto

the premises of the tattoo establishment.

d. No person, while affected with any disease in a

communicable form or while afflicted with boils, infected

wounds, sores, or an acute respiratory infection, shall

work in any area where tattooing is practiced if there is a

likelihood of such person contaminating tattooing

equipment with pathogenic organisms or transmitting

disease to other individuals; and no person known or

suspected of being affected with any such disease or

condition shall be employed in any such area or capacity.

If the owner or operator of the tattoo establishment has

reason to believe that he or an employee has contracted

any disease in a communicable form, excluding colds, or

has become a carrier of such disease, the operator shall

notify the Director immediately.

e. In addition to the requirement of Section 0.69a), the

operator shall wash his hands during working hours as

often as is necessary to remove soil and contamination

and shall thoroughly wash his hands after using the toilet,

smoking, or eating.

f. The clothing of all persons engaged in tattooing and

tattooing instruments and equipment shall be maintained

clean and sanitary.

g. The operator shall not use tobacco in any form while

engaged in tattooing, while sterilizing, or handling

equipment or instruments, or while in the tattooing area.

h. The operator shall maintain a high degree of personal

cleanliness and shall conform to good hygienic practices

during all business hours.

i. The owner(s) or operator(s) of a tattoo establishment shall

notify the Department in writing of any change in their

name(s), address(es) or telephone number(s) or such

changes of their employee(s).

9.6 Tattooing procedures

a. The operator shall wash his hands thoroughly with soap

and hot water before starting to tattoo. The hands shall be

dried with individual, single-use towels or other method

approved by the Department.

b. The area to be tattooed shall first be thoroughly washed

with an antiseptic soap. A sterile, single-use sponge shall

be used to scrub the area. After shaving and before

tattooing is begun a second disinfection procedure using

an antiseptic solution shall be applied to the area with a

single-use sponge and immediately discarded in covered

container.

c. Excess dye or ink shall be removed from the skin with a

sterile, single-service sponge or tissue paper that is used

only once and then immediately discarded into a covered

container. After completing work on any person, the

operator shall wash the tattooed area with sterile gauze

saturated with an antiseptic soap solution approved by the

Department, or a 70% isopropyl alcohol solution.

d. The tattooed area shall be allowed to dry and petroleum

jelly or antibacterial ointment from a collapsible metal or

plastic tube shall be applied, using sterile gauze. A sterile

dressing shall then be fastened with adhesive to the

tattooed area.

e. The owner or operator of a tattoo establishment shall

provide each person tattooed a printed list of instructions

explaining the proper care of the skin at the tattoo site for

the first few days after tattooing.

9.7 Prohibited tattooing procedures

a. No tattooing shall be done on skin surfaces that have any

rash, pimple, boil, infection or manifest evidence of any

other unhealthy conditions.

b. No local antiseptic or spray for the purpose of deadening

the skin to pain shall be used without the approval of the

Director.

c. No procedures shall be used that are accepted by state law

as within the exclusive jurisdiction of physicians and other

licensed medical personnel.

d. No styptic pencils, alum blocks, or other solid styptics

shall be used to stop the flow of blood.

9.8 Records to be kept

Permanent records of each person tattooed shall be maintained by

the tattoo establishment owner or operator and shall be readily

available for inspection by the Department. Before the tattooing

operation begins, the person to be tattooed shall personally enter on

a record or form provided or approved by the Department the

following information:

a. The date of tattooing.

b. His name, address, telephone number, and age.

c. His serial number, if he is a member of the armed forces.

d. If he has had within the past year an infectious or

communicable disease, such as, but not necessarily limited

to, jaundice or hepatitis and listing the name of such

diseases he has had.

e. His signature.

9.9 Infections

Any infection or bodily injury resulting from the practice of

tattooing that becomes known to the tattoo establishment owner or

operator shall give notice of the same to the Department and the

person infected shall be referred by the tattoo establishment owner

or operator to a physician.

10.0 Notice

10.1 Department to notify owners or others of violations.

If the Department has inspected any tattoo establishment and has

found and determined that the tattoo establishment is in violation of

these regulations or has reasonable grounds to believe that there has

been a violation of any part of these regulations, he shall give notice

of the violation(s) to the owner(s) or other responsible person(s)

thereof.

10.2 Department to issue written notice of violation(s).

Prior to initiating a court complaint for the violation of these rules

and regulations, the Department shall issue a notice pursuant to

Section 10.1 and shall:

a. describe the property.

b. give a statement of the cause of its issuance.

c. set forth an outline of the remedial action that complies

with the provisions of these regulations.

d. set a reasonable time for the performance of any required

remedial act.

10.3 Department to serve notice.

The Department shall serve notice upon the owner(s) of the tattoo

establishment or other responsible person(s) pursuant to Section

10.1 and 10.2 of these rules and regulations. Service shall be

deemed complete if the notice is served in one of the following

ways:

a. served in person.

b. sent by certified mail to the last known address of the

owner(s) or other responsible person(s).

c. published in a newspaper of general circulation.

11.0 Enforcement

11.1 Department to ensure compliance.

It shall be the duty of the Department upon the presentation of

proper credentials, to make inspections of any property where the

tattoo establishment is located or will be located as is necessary to

ensure compliance with these regulations.

11.2 Inspection made with consent.

Departmental inspections may be made with the consent of any

tattoo owner(s) or other responsible person(s). If consent is not

granted, a search may be made pursuant to an administrative search

warrant issued by a court of competent jurisdiction.

11.3 Owners may request a factual report of inspections. Upon request,

the owner(s) or other responsible person(s) of any tattoo

establishment shall give a report setting forth all facts found that

relate to his compliance status.

12.0 Right to appeal

Within 10 calendar days after the Department has given a notice of

violation(s), any person(s) aggrieved by the notice may request in writing a

hearing before the Director. The hearing shall take place within 10 calendar

days after the request. A written notice of the Director's final determination

shall be given within 10 calendar days after adjournment of the hearing. The

Director may sustain, modify, or reverse the action or order.

13.0 Penalty

13.1 Any person who is found guilty of violating any of the provisions

of these rules and regulations, wither by failing to do those acts

required herein or by doing a prohibited act, is guilty of a class B

misdemeanor pursuant to Section 26-24-22, Utah Code Annotated,

1953, as amended. If a person is found guilty of a subsequent

similar violation within two years, he is guilty of a class A

misdemeanor pursuant to Section 26-24-22, Utah Code Annotated,

1953, as amended.

13.2 Each day such violation is committed or permitted to continue shall

constitute a separate violation.

13.3 The city attorney, or if appropriate the County Attorney, may initiate

legal action, civil or criminal, requested by the Department to abate

any condition that exists in violation of these rules and regulations.

13.4 In addition to other penalties imposed by a court of competent

jurisdiction, any person(s) found guilty of violating any of these

rules and regulations shall be liable for all expenses incurred by the

Department in removing or abating any nuisance, source of filth,

cause of sickness or infection, health hazard, or sanitation violation.

14.0 Severability

If any provision, clause, sentence, or paragraph of these rules and regulations

or the application thereof to any person or circumstances shall be held to be

invalid, such invalidity shall not affect the other provisions or applications of

these rules and regulations. The valid part of any clause, sentence, or para-graph

of these regulations shall be given independence from the invalid

provisions or application and to this end the provisions of these regulations

are hereby declared to be severable.

15.0 Effective Date

These rules and regulations shall become effective 15 days after their

enactment by the Tooele County Board of Health.

IN WITNESS WHEREOF, the Board of Health of Tooele County has passed,

approved and adopted this regulation the 15 th day of May 1998.

BOARD OF HEALTH

OF TOOELE COUNTY

ATTEST:

_________________________

_____________________________

Myron E. Bateman, Director Colleen Oliver, Chairperson

Tooele County Health Department Tooele County Board of Health