HomeMy WebLinkAboutResolutions - 1999.12.16 - 25643December 16, 1999
REPORT (Misc . #99272)
BY: GENERAL GOVERNMENT COMMITTEE -Shelley G. Taub, Chairperson
RE: MR #99272 Tattoo Parlor/Body Art Establishments - Oakland County Sanitary Code
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee having reviewed the above mentioned resolution on December 6, 1999,
recommends to the Oakland County Board of Commissioners the resolution be adopted as amended.
Add in the NOW THEREFORE BE IT RESOLVED THAT paragraph as follows: the
Oakland County Board of Commissioners "refer this resolution to the Department of
Human Services/Health Division for review and report back to the General Government
Committee in 90 days with its findings for approval of approves- "the introduction of the
attached Article , Body Art Establishments, as an addition to the Oakland County
Sanitary Code; and
Also to correct a typographical error in the 4th WHEREAS paragraph..."and presence of
a parent -of or a legal guardian "
Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
General Government Committee Vote:
Motion carried on unanimous roll call vote.
Miscellaneous Resolution # 99 272
BY: Commissioner Eric Coleman
RE: Tattoo Parlor/Body Art Establishments - Oakland County Sanitary Code
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, Oakland County Government places the highest priority on protecting
the health and safety of our residents; and
WHEREAS, body art, also known as tattooing, is widely practiced throughout
Oakland County. Body art is broadly accepted and particularly popular among younger
persons; and
WHEREAS, tattooing, under unsanitary and unregulated conditions, can transmit
injuries, infections and diseases. The Center for Disease Control has found that the risks
include contracting hepatitis and possibly even HIV; and
WHEREAS, a client who is under eighteen (18) years of age should have written
consent and presence of a parent of a legal guardian when undergoing a body art
procedure; and
WHEREAS, to reduce the risk of spreading communicable diseases, several states
and county health departments have established standards for the conduction of body art
procedures and to regulate the practice of body art services.
WHEREAS, if body art establishments and practitioners in Oakland County are to
be regulated, it should be accomplished in a consistent and comprehensive manner. The
Environmental Health Section of the Oakland County Health Division is best able to provide
trained personnel and cost-effective regulation of this type of activity.
NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of
Commissioners approves the introduction of the attached Article , Body Art
Establishments, as an addition to the Oakland County Sanitary Code; and
BE IT FINALLY RESOLVED THAT the Oakland County Board of Commissioners
approves the adoption of the amended Article , Body Art Establishments, following a
public hearing being conducted in compliance with the Michigan Public Health Code (P.A.
368 of 1978).
Mr. Chairperson, I move the adoption of
4411P
missioner Eric Coleman
egoing Resolution.
District #21
OAKLAND COUNTY SANITARY CODE
ARTICLE
BODY ART ESTABLISHMENTS
The intent of this article is to safeguard the health, safety and welfare of the public from the spread
of infectious diseases from practices which prick, pierce, or scar the skin, by regulating the operation
of body art establishments in Oakland County; to establish environment health standards for the
conduction of body arts procedures; to regulate the establishment and practice of body arts services;
to authorize the Oakland County Health Division to enforce these standards and regulations by
inspections; to require a permit to operate a body art establishment; providing permitting procedures
and fees.
SECTION 1- AUTHORITY
This Article is established by the Oakland County Board of Commissioners pursuant to Public Act
368 of the Public Acts of 1978, as amended.
SECTION 2-DEFINITIONS
2.1 "Antiseptic"means an agent that destroys disease-causing microorganisms on human skin
or mucosa.
2.2 "Body art" means the practice of physical body adornment by permitted establishments and
practitioners utilizing, but not limited to, the following techniques: body piercing, tattooing,
cosmetic tattooing, branding and scarification. It does not include practices or procedures
which are considered to be medical procedures by the state medical board, such as, hair or
skin implants, or plastic surgery.
2.3 "Body art establishment" means any place or premise, whether public or private, transient,
temporary or permanent in nature or location where the practice of body art, whether or not
for profit, is carried out.
2.4 "Body piercing" means any method of piercing the skin or mucosa, except an ear lobe, in
order to place any object, including but not limited to rings, studs, bars, or other forms of
jewelry or ornamentation, through the skin or mucosa.
2.5 "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; and contaminated sharps and pathological and microbiological wastes containing
blood and other potentially infectious materials, as defined in 29 Code of Federal
Regulations, Part 1910.1030 (latest edition), known as "Occupational Exposure to
Bloodbome Pathogens."
2.6 "Cosmetic tattooing" means the practice of depositing pigment into the epidermis, utilizing
needles, which is either permanent, semi-permanent or temporary by someone other than a
state licensed physician. Cosmetic tattooing shall also mean the same as permanent
cosmetics, dermography, micropigmentation, permanent color technology and micropigment
implantation.
2.7 "Disinfection" means the killing of the microorganisms or inanimate objects or surfaces
which cause disease in humans.
2.8 "Division" shall mean the Oakland County Health Division.
2.9 "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 connection with the operation of a body art establishment.
2.10 "Handsink" means a lavatory equipped with hot and cold running water under pressure used
solely for washing hands, arms and other portions of the body.
2.11 "Hot water" means water which is at a constant temperature of at least 100 degrees
Fahrenheit.
2.12 "Instruments used for body art" means hand pieces, needles, needle bars and other
instruments that may come in contact with a client's body fluid during body art procedures.
2.13 "Invasive" means entry into the body either by incision or insertion of an instrument into
or through the skin or mucosa, or by any other means intended to compromise the skin or
mucosa.
2.14 "Operate/Operator" means an individual who is self-employed and conducts his or her own
body art establishment, or who is employed by another person to directly manage the day-to-
day activities of a body art establishment.
2.15 "Permit" means written approval by the Oakland County Health Division to operate a body
art establishment. Approval is given in accordance with these regulations and is separate
from any other licensing requirements that may exist within communities or political
subdivisions within Oakland County.
2.16 "Person" means a natural person, any form of business or social organization and any non-
governmental legal entity including but not limited to a corporation, partnership, limited
liability company, association, trust or unincorporated organization.
2.17 "Practitioner" means any person who controls, operates, manages, conducts, or practices
body art activities, and who is responsible for compliance with these regulations, whether or
not actually currently performing body art activities. The term includes technicians and
persons who assist in the actual performance of body art activities.
2.18 "Procedure surface" means any surface that contacts a client's unclothed body during a
body art procedure or any associated work area that may require sanitizing.
2.19 "Sanitize/Sanitization" means a treatment of the cleanable surfaces of equipment by a
product registered with the United States Environmental Protection Agency and which has
been approved by the Oakland County Health Division as being effective in reducing the
number of microorganisms to a safe level.
2.20 "Sharps" means any sterilized object that is used for the purpose of penetrating the skin or
mucosa including, but not limited to, needles, scalpel blades, razor blades, and broken glass.
2.21 "Sharps container" means a puncture-resistant, leak-proof container that can be closed for
handling, storage, transportation and disposal, and is labeled with the international
"biohazard" symbol.
2.22 "Single use" means products or items that are intended for one-time, 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, stencil ink cups, and protective gloves.
2.23 "Sterilize/Sterilization" means destruction of all forms of microbiotic life, including spores.
2.24 "Tattooing" means any method of placing ink or other pigment into or under the skin or
mucosa by the aid of 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.
2.25 "Temporary body art establishment" means any place or premise operating at a fixed
location where a practitioner performs body art procedures for no more than fourteen (14)
days consecutively in conjunction with a single event or celebration.
SECTION 3- PERMITS REQUIRED
3.1 A person shall not operate a body art establishment without an annual permit from the
Oakland County Health Division. The establishment permit shall be conspicuously displayed
within the reception area of the establishment. A permit shall clearly indicate whom to
contact or call with a complaint. A permit is not transferable and shall not be issued or
renewed before the full fee is paid, the premises, equipment, and operations of the
establishment have been inspected, and the operator has complied with all inspection
deficiencies.
32 An operator of a permitted establishment shall not allow the practice of body art procedures
until the Oakland County Health Division has determined that the operator is knowledgeable
and proficient in:
A. Anatomy and body art technology.
B. Effective sterilization, sanitization, and hygienic techniques; use of single-use sharps
and apparatus; and other related disease control techniques.
C. The discovery and recognition of skin disorders and diseases, and other diseases such
as diabetes, which contraindicate the practice of body art.
D. Procedures required to safely collect and dispose of contaminated waste.
3.3 A permit may be revoked pursuant to the procedures set forth in Section 2 if an inspection
determines that a practitioner has failed to follow standard disease control techniques, or has
failed to keep required records of services performed, or has provided services to an underage
person without the required consent and presence of a parent or legal guardian.
3.3 A person shall not operated a temporary establishment for the performance of body art
procedures without a permit from the Oakland County Health Division. The Division may
issue a temporary establishment permit for period of up to fourteen (14) days to provide body
art services outside the physical site of a permitted establishments for purposed of product
demonstration and promotion, industry trades shows, or for educational purposes. The
Division shall promulgate rules to prescribe reasonable standards needed to assure that body
art which is performed in a temporary facility is conducted in a safe, sanitary, and disease-
free manner. A temporary permit shall be conditioned upon full compliance with these
standards.
3.4 A person shall not operate a mobile body art establishment within the County of Oakland.
The Oakland County Health Division shall not permit the use of mobile body art
establishments..
3.5 The Oakland County Health Division shall annually recommend to the Oaldand County
Board of Commissioners a permit fee schedule which is sufficient to pay the full costs of this
regulatory program.
SECTION 4- BODY ART PROHIBITIONS
4.1 A practitioner shall not perform a body art procedure upon a person who is under the age of
eighteen (18) without the written consent and presence of a parent or legal guardian of that
minor. A practitioner shall require positive proof of age from all prospective clients who
reasonable appear to be less than twenty-five (25) years of age, such as driver's license or
equivalent photo identification card, and shall make and keep a photocopy of that proof of
age as a part of the permanent client record.
4.2 A practitioner shall not perform a body art procedure upon any person who appears to be
under the influence of alcohol or other drugs.
4.3 A practitioner shall not perform a body art procedure upon a person who has not completed
a medical screening questionnaire: This questionnaire shall ask whether the client falls within
one or more of the following risk groups categories. To protect confidentiality, a client may
not be asked to specify the risk group.
A. History of jaundice or hepatitis.
B. History of AIDS, or positive HIV test.
C. History of skin disease or skin cancer at site of service.
D. History of allergies or anaphylactic reaction to pigments, dyes or other sensitivities.
E. History of hemophilia.
F. Is taking medications which thin blood and prevent clotting.
G. History of any other known medical condition which would influence or impair the
healing process.
4.4 The client shall sign a written statement, witnessed and also signed by the operator, that the
above statements are true and complete to the client's best knowledge and ability.
SECTION 5- EXEMPTIONS
5.1 Physicians licensed to practice in the State of Michigan, who use body art procedures as part
of patient treatment, are exempt from these regulations.
5.2 An establishment who practice is limited to the piercing of ear lobes only is exempt from the
permit requirements of these regulations, but may be required to demonstrate to a Oakland
County Health Division inspector that equipment, supplies and jewelry that comes in contact
with a client's ear are sterile, and that disposable medical examination gloves are used.
SECTION 6- CLIENT NOTICE REOUIREMENTS
6.1 Before performing any body art procedure, a prospective client shall be provided with written
factual information regarding the effects, risks, and permanence of that body art procedure.
This written information shall first be submitted for approval by the Oakland County Health
Division as to the accuracy and completeness. Before undertaking a procedure, a client shall
acknowledge on a copy of the written information that he or she has read and understands
the information, and this copy shall be retained in the permanent file for that client.
6.2 After a procedure is completed, a client shall also be provided with written instructions, also
pre-approved by the Oakland County Health Division, on proper care of the body art site.
These instructions shall at a minimum advise the client to consult a physician at the first sign
of infection; shall contain the name, address and telephone number of the establishment; and
shall name the Oakland County Health Division and telephone number to which to make a
complaint. If tattooing was performed, this document shall also specify the colors applied
and when available, the manufacturer or catalogue identification number of each color
applied. This document shall be executed in at least two (2) copies and signed by both the
practitioner and the client. A copy shall be provided to the client and another shall be
retained in the permanent record.
SECTION 7- REQUIRED RECORDS
7.1 An establishment shall maintain a record of all clients who have had body art services
performed. This record shall indicate the name, address, telephone number, and date of birth
of the client; a signed acknowledgement of understanding the pre-procedure information; a
signed medical screening questionnaire; a description of procedures performed and name of
each practitioner performing the services; proof of age where relevant; proof of parent or
guardian conset and presence where relevant; and a signed copy of the aftercare instructions
and pigment indentification.
7.2 These records shall he retained for at least five (5) years. These records shall be made
available to the Oakland County Health Division inspector immediately upon request, but
shall otherwise be maintained in confidence.
SECTION 8- STANDARDS FOR PREMISE
8.1 A body art establishment shall meet all of the following minimum standards and
specifications:
A. All walls, floors, ceilings and doors shall be smooth, free of holes and cracks, light-
colored, washable, and in good repair.
B. All procedure surfaces, including client chairs/benches, shall be made of materials
which are easily cleaned and sanitized after each client.
C. The establishment shall be completely separated by a solid floor-to-ceiling wall, from
any room or area used for human habitation, food service or preparation, a hair salon,
a retail sales store, or any other activity which may cause contamination of procedure
surfaces.
D. All surfaces shall be maintained in a clean and sanitary condition.
E. The premises shall be kept free of vermin, insects or rodents.
F. Animals shall not be allowed on the premises, except service animals used by persons
with limitations. An aquarium is permitted in the waiting area,
G. The establishment shall be well ventilated and provided with an artificial light source
equal to at least twenty (20) foot candles three (3) feet from the floor and at least one
hundred (100) foot candles within all parts of the working zone within which body art
is performed and where sharps and other instruments are assembled.
SECTION 9- REOUIRE ROCEDURES FOR PREPARING BODY AREA LiF
H. At least sixty (60) square feet of working space shall be provided for each practitioner
within the establishment, and each space shall be separated from others by dividers,
curtains or partitions.
I. The establishment shall have at least one (I) readily accessible handsink for each three
(3) practitioners, with hot and cold running water, under pressure, with wrist operated
levers, and supplied with liquid antimicrobial soap and disposable paper towels, and a
covered waste receptacle near each handsink. In addition, the establishment shall have
at least one (I) lavatory and one (1) toilet.
J. An establishment shall have at least one (1) covered waste receptacle in each
practitioner work area for non-biohazard waste. These waste receptacles shall be
emptied daily and solid wastes removed from the premises at least weekly. Refuse
containers shall be lidded, cleanable and kept clean.
K. Contaminated waste shall be placed in an approved "red" bag which is marked with the
international bio-hazard symbol. It shall be picked-up for disposal at least weekly by
a waste hauler licensed by the State of Michigan. Sharps ready for disposal shall be
placed in approved sharps containers.
L. All instruments and supplies shall be stored in clean, dry, covered containers.
M. If reusable cloth items are used, they shall be mechanically washed with detergent and
dried after each client. Cloth items shall be stored in a dry, clean cabinet until used.
N. A person shall not be allowed to smoke, eat or drink within an area where body art is
performed.
0. A person or establishment shall comply with all rules on blood-borne pathogens which
are prescribed by the Occupational Safety and Health Administration and by the
Michigan Occupational Safety and Health Act.
8.2 If a new establishment is proposed after the date that this Article is adopted, the applicant
shall submit a scale drawing of the floor plan for review and approval by the Oakland County
Health Division, before proceeding to construction, as a part of the permit application
process.
9.1 Before performing a procedure, the skin of and surrounding the area where the procedure is
to be performed shall be washed with antimicrobial soap or treated with iodine, as
appropriate.
9.2 If shaving of the area is necessary, safety razors with single-use blades shall be used and
discarded after each use. After shaving, the shaved area shall be washed with antimicrobial
soap and the washing pad shall be discarded after a single use.
9.3 In the event of blood flow, all products used to check the flow or to absorb the blood shall
be single-use and shall be disposed as bio-hazard waste.
SECTION 10- REQUIRED PROCEDURES FOR PERFORMING BODY ART
10.1 A practitioner shall maintain a high degree of personal cleanliness, conform to hygienic
practices and wear clean clothing when performing body art procedures. Before performing
procedures, a practitioner shall thoroughly wash hands in hot running water using liquid
antimicrobial soap, scrubbing for at least one (1) minute, then rinse and dry hands with
disposable paper towels. This procedure shall be repeated as often as needed to remove
contaminants.
10.2 While performing procedures, a practitioner shall wear disposable medical gloves. The
gloves shall be disposed at a minimum after each client.
10.3 If, while performing a procedure, a glove is pierced, torn, or otherwise contaminated, the
glove shall be immediately discarded and hands washed thoroughly before a new glove is
applied. Any item dropped on the floor or otherwise contaminated shall be immediately
discarded and a new one used.
10.4 All reusable instruments used for body art shall be cleaned thoroughly after each use by
scrubbing with an antimicrobial soap solution and hot water or by an appropriate
disinfectant, to remove blood and tissue residue, and placed in an ultrasonic unit which shall
be operated in accord with the manufacturer's instructions.
10.5 After cleaning, all reusable instruments used for body art shall be packed individually in
paper peel-packs and sterilized. All paper peel-packs shall contain either a sterilizer
indicator or internal temperature indicator. Paper peel-packs shall be dated with an
expiration date not to exceed thirty (30) days. Sterile equipment shall not be used after the
expiration date without first repackaging and re-sterilizing.
10.6 All reusable instruments used for body art shall be sterilized in a autoclave or dry heat
sterilizer approved by the Oakland County Health Division. The sterilizer shall be used,
cleaned, and maintained in accord with the manufacturer's instructions. A copy of the
manufacturer's instructions must be kept available on the premises for inspection by the
Division.
10.7 Each holder of a permit to operate a body art establishment shall demonstrate that the
sterilizer used is capable of attaining sterilization by conducting a monthly spore test through
an independent laboratory. The permit shall not be issued or renewed until documentation
of satisfactory testing is presented to the Oakland County Health Division. Test records shall
be kept for at least three (3) years and made available to the Division upon request.
10.8 After sterilization, an instrument used for body piercing or tattooing shall be stored in a thy,
clean cabinet or other tightly covered container reserved for storage of only such instruments.
10.9 All instruments used for body piercing or tattooing shall remain stored in sterile packages
until immediately prior to performing a body art procedure. When assembling instruments
used for performing a body art procedure, a practitioner shall wear disposable medical gloves
and use techniques to ensure that the instruments and gloves are not contaminated.
10.10 All inks, dyes, pigments and sharps shall be specifically manufactured for performing body
art procedures and shall not be adulterated. Immediately before applying a tattoo, the
quantity of dye to be used for the tattoo shall be transferred from the dry bottle and placed
into sterile single-use paper or plastic cups. Upon completion of the tattoo, these single-use
cups and all of their contents shall be discarded.
10.11 All sharps shall be sterilized prior to use and stored in paper peel-packs in the manner
prescribed in sub-paragraphs 10.6, 10.7 and 10.8
10.12 Single-use sharps shall not be used for more than one (1) client for any reason. After use,
all single-use needles, razors and other sharps shall be immediately disposed in an approved
sharps container.
10.13 All body art stencils shall be single-use and disposable. Petroleum jellies, soaps and other
products used in the applications of stencils shall be dispensed and applied to the area to be
tattooed with sterile gauze or in a manner to prevent contamination of the original container
and its contents. The gauze shall be used only once and then discarded.
SECTION 11 - SUSPENSION OR REVOCATION OF PF.RM1TS
11.1 A permit issued under this Article may be suspended temporarily by the Oakland County
Health Division for failure of the holder to comply with one or more requirements of this
Article.
11.2 If a permit is to be suspended, the Oakland County Health Division shall give the holder
prompt notice and the suspension shall occur immediately upon receipt of the notice.
11.3 If a permit is suspended, the holder may apply at any time for immediate reinstatement of the
permit. If a reinspection fee is first paid, the Oakland County Health Division shall respond
promptly and in not less than ten (10) working days to a request for reinstatement. If
reinspection determines that the holder has come into compliance with this Article, the
permit shall be promptly reinstated.
11.4 For serious or repeated violations of the requirements of this Article, the Oakland County
Health Division may permanently revoke a permit. Before issuing a permanent revocation,
the Division shall give notice in writing of its intent and the reasons therefore, and conduct
a hearing within ten (10) working days at which the permit holder may appear and contest
those reasons. A permit may be temporarily suspended pending a revocation hearing.
SECTION 12 - MISDEMEANOR PENALTIES,
12.1 If a person who is not exempt under Section 5 of this Article violates the permit requirement
specified in subsections 3.1 or 3.4 of this Article, or the licensing requirement specified in
subsection 3.2 of this Article, or the prohibitions on the operation of a mobile body art
establishment in subsection 3.5, that person is guilty of a misdemeanor, and shall be subject
to a fine of up to Five Hundred ($500) Dollars, or a term of confinement in an Oakland
County jail facility for up to ninety (90) days, or both. If an establishment which is in
violation of subsection 3.1 is owned by an incorporated entity, the person who shall be held
liable and guilty under this section is the chief operating executive who is in direct control
of establishment operations. If a person is sentenced to a term in an Oakland County jail
facility for violating the provisions of this Article, the Oakland County Sheriff shall take
aggressive action to obtain full reimbursement for the costs of that incarceration.
Resolution #99272 October 28, 1999
The Chairperson referred the resolution to the General Government
Committee. There were no objections.
Resolution #99272 December 16, 1999
Moved by Taub supported by Coleman the General Government Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Taub supported by Coleman the resolution be adopted.
Moved by Obrecht supported by Coleman the resolution be amended to coincide
with the recommendation in the General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Moved by Obrect supported by Palmer the resolution be further amended in
the NOW THEREFORE BE IT RESOLVED paragraph, as follows:
that the Oakland County Board of Commissioners refer this resolution to
the Department of Human Services/Health Division for review and report
back to the General Government Committee in 90 days with its findings
approval of and recommendations, if any, the introduction of the attached
Article , Body Art Establishments, as an addition to the Oakland County
Sanitary Code.; and
Additionally, delete the BE IT FINALLY RESOLVED PARAGRAPH from the
resolution.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson,
Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez,
Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Dingeldey, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on December 16, 1999 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 16,gh day/of December, 1999.
G. William Caddell, County