Santa Clara County Municipal Code Art. 5 Body Art Facilities

Footnotes:

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Editor's note— Sec. 5 of Ord. No. NS-517.82, adopted Feb. 26, 2013, enacted provisions to be designated as §§ B11-540—B11-546. Inasmuch as there already exist sections with those designations, said provisions have been redesignated as §§ B11-507.7—B11-507.13. Original ordinance designations have been maintained in the history notes following each section.

The following local requirements for permanent body art facilities are in addition to those required by The Safe Body Art Act:

(a) Every area including, but not limited to, workstation(s), cleaning area(s), instrument storage area(s), restroom(s), walls, and floors shall be constructed and maintained to an acceptable manner so as to provide a durable, smooth, nonabsorbent surface that is easily washable using a disinfectant to clean and disinfect any surface contaminated with bodily fluids. Concrete blocks or other masonry used in wall construction shall be covered to be made smooth and sealed for a non-absorbent washable surface.

(b) Adequate toilet facilities in accordance with the specifications of the Uniform Plumbing Code, local building codes, and any other local ordinances shall be provided. This includes toilet paper. A hand-washing sink shall be located inside the restroom and shall be supplied with antimicrobial liquid hand soap in a wall-mounted pump dispenser and single use paper towels or other approved hand drying device.

(c) Hand-washing sinks shall be located in each workstation. Hand-washing sinks shall be supplied with wall mounted antimicrobial liquid hand soap and single use paper towels from sanitary dispensers. If there are two or more workstations within a room, all may share the hand-washing sink. A workstation in a separate room shall include a hand-washing sink. There must be unimpeded access to a hand-washing sink at all times.

(d) Potable hot and cold running water shall be provided to all hand washing sinks and cleaning area sinks required in the facility. Hot water supplied to each required sink shall be at least 105° Fahrenheit (F).

(e) The premises shall be constructed and maintained in a state of good repair at all times to prevent insect and rodent infestation.

(f) The premises shall be well ventilated and be provided with an artificial light source equivalent to at least 20 foot-candles.

(g) At least 50 foot-candles of artificial light equivalent shall be provided at the level where the body art procedure is being performed.

(h) All surfaces, including, but not limited to, counters, cabinets, tables, equipment, chairs, recliners, shelving, and cabinets in the service areas and cleaning room shall be made of smooth non-absorbent materials that can be easily cleaned using a disinfectant liquid to clean and disinfect any surface contaminated with bodily fluids.

(i) The cleaning room or area shall be separated from any other area in the facility, by a room wall or other barrier, such as a screen, extending from the floor to a minimum height of eight feet. The cleaning room or area shall have a separate sink reserved only for instrument disinfectant activities. The cleaning room or area shall have an approved ultrasonic cleaning unit and an autoclave unless only one-time use pre-sterilized instruments are utilized. The ultrasonic cleaning unit and autoclave shall be separated by a minimum distance of 36 inches from each other.

(j) All sinks shall be permanently plumbed and meet local and state building and plumbing codes. The facility water supply shall be potable from an approved source.

(k) Sewage, including liquid wastes, shall be disposed of in a public sewer system or, in absence thereof, in a manner approved by the Department.

(l) Any new or remodeled facility shall obtain the appropriate planning and building permits from the local building authority.

(m) There shall be no less than 45 square feet of floor space for each procedure area. The Department may approve less floor space on a site-specific basis with appropriate justification.

(n) The procedure area(s) shall be separated from retail sales area or any other area that may cause potential cross-contamination of work surfaces.

(o) Body art activities shall be separated from dust and aerosol generating activities (e.g., nail and hair activities) by a solid barrier in such a manner as to prevent contact with irritants, including but not limited to, hair spray, nail dust, or any other contaminant. An alternative method of compliance that adequately controls irritants may be submitted to and approved by the Department.

(Ord. No. NS-517.82, § 5(B11-540), 2-26-13; Ord. No. NS-300.1002, § 56, 10-21-25)

Temporary facilities include those for educational, convention purposes, or other Department-approved event. To the extent possible, they shall conform to Section B11-507.7 of this Chapter and to The Safe Body Art Act. In addition to Chapter 7 of Part 15 of Division 104 of the Health and Safety Code, The Safe Body Art Act, Sections 119317 through 119318, the following local requirements are added to temporary body art facilities.

(a) Hand-wash facilities shall be located within each work or demonstration area.

(b) Hand-wash facilities shall consist of liquid antimicrobial hand soap, single-use paper towels, and potable water dispensed from an insulated container that contains at least five gallons of potable water with a spigot that is raised a minimum of 25 inches off the floor.

(c) Waste water shall be collected in a bucket that will hold at least seven and one-half gallons of waste water placed on the floor under the spigot. Potable water shall be replenished and wastewater removed as necessary to the sanitary sewer system, or, in the absence thereof, in a manner approved by the Department.

(d) There shall be at least 50 foot-candles of artificial light equivalent at the level where the procedure is being performed.

(e) A separate cleaning area shall be provided for use by the practitioners that supply an adequate number of sinks and Department-approved sterilization units for cleaning and steam sterilizing equipment to be used during the event.

(f) Only autoclave units approved by the Department, cleaned and maintained according to manufacturer's instructions shall be utilized.

(g) All steam sterilization units used at the event shall have a certificate of a negative spore test on the sterilizer within the last 30 days.

(h) Nail and hair activities (or other irritant generating activity) at temporary facilities shall be located in demonstration booths away from body art activities at a distance approved by the Department.

(i) All authorized persons with duties within the cleaning area or procedure area of a temporary body art event shall show proof of current Bloodborne Pathogens Exposure Control Training in accordance with The Safe Body Art Act, Section 119307.

(j) Temporary body art facilities are exempt from providing a written Infection Prevention and Control Plan.

(k) Demonstration booths shall be of sufficient size and area to allow for safe and sanitary practices to occur. There shall be no less than 45 square feet of floor space for each procedure area. The Department may approve less floor space on a site-specific basis with appropriate justification.

(Ord. No. NS-517.82, § 5(B11-541), 2-26-13; Ord. No. NS-300.1002, § 57, 10-21-25)

In addition to Chapter 7 of Part 15 of Division 104 of the Health and Safety Code, The Safe Body Art Act, the following local requirements shall apply.

(a) An occupiable body art vehicle must have an insignia from the State Department of Housing and Community Development (HCD) on the vehicle. The insignia certifies that the vehicle meets construction, electrical, plumbing and fire safety requirements to assure the health and safety of California purchasers and occupants.

(b) The California Department of Motor Vehicles' (DMV) occupational licensing requirements apply to these vehicles.

(c) The vehicle shall be equipped with a sink for the exclusive use of the practitioner for hand washing and preparing clients.

(d) Hand-washing sinks shall be supplied with liquid antimicrobial hand soap and single use disposable paper towels.

(e) An adequate supply of, at least, five gallons of warm (at least 105° F) potable water shall be maintained during any body art procedures that are being performed in the vehicle.

(f) Waste water containers shall be able to hold, at least, seven and one-half gallons of liquid.

(g) If there is not an on-board restroom, the vehicle shall be operated within 200 feet of an accessible restroom.

(h) All body art procedures shall be performed inside the vehicle. All surfaces and equipment (chairs, work stations, counters, client chairs or recliners, dispensers) in the procedure area shall be made of smooth, nonabsorbent, non-porous material that can withstand repeated use of disinfectants. Only single-use, pre-packaged, pre-sterilized instruments are allowed.

(Ord. No. NS-517.82, § 5(B11-542), 2-26-13)

In addition to Chapter 7 of Part 15 of Division 104 of the Health and Safety Code, The Safe Body Art Act, Section 119313, the following local requirements shall apply.

(a) A body art facility shall maintain and follow a written Infection Prevention and Control Plan (IPCP) provided by the owner or established by the practitioners, specifying the procedures to achieve compliance with each applicable requirement of this chapter as well as The Safe Body Art Act.

(b) All employees and practitioners at the facility shall be trained on the IPCP on at least an annual basis or within 90 days for new employees or practitioners. A log must be kept by the facility owner to document the training for a period of at least three years.

(c) Temporary facilities are exempt from the provisions of this section.

(Ord. No. NS-517.82, § 5(B11-543), 2-26-13)

In addition to Chapter 7 of Part 15 of Division 104 of the Health and Safety Code, The Safe Body Art Act, Section 119315, the following local requirements shall apply.

(a) The cleaning area shall be set up in a manner to provide distinct, separate areas for cleaning equipment and for the handling and storage of sterilized instruments. The cleaning area sink shall be reserved for instrument cleaning only.

(b) Before being sterilized, all instruments shall be thoroughly cleaned in an ultrasonic cleaner following manufacturer's instructions.

(c) The ultrasonic equipment used for cleaning instruments shall be operated, cleaned, and maintained in accordance with the manufacturer's specifications.

(d) Large-capacity ultrasonic cleaning units shall be clearly labeled "biohazardous" and placed away from the sterilizer and workstations.

(e) After cleaning, non-disposable instruments shall be packaged into sterilization bags with color change indicators or packaged individually in peel-packs with color change indicators. All packages shall be dated and initialed by the preparer. If a sterilized package has been breached or allowed to get wet, the instrument(s) shall be re-packaged and sterilized again before use. For statim steam sterilizers, where sterilization bags or peel packs are not used, instruments to be sterilized shall be placed in a sterilization cartridge. Instruments that have been sterilized in a statim are intended for immediate use.

(f) A log of sterilization procedures shall be maintained near the sterilizing equipment. The log shall be for each sterilization cycle and include the type of load, quantity of load, temperature, pressure and length of sterilizing time. Every log shall be maintained for two years, and shall be made available for inspection upon request of the enforcement officer.

(Ord. No. NS-517.82, § 5(B11-544), 2-26-13)

In addition to Chapter 7 of Part 15 of Division 104 of the Health and Safety Code, The Safe Body Art Act, the following local requirements shall apply. Standards in this Section also apply to all facilities and practitioners including temporary and mobile facilities.

(a) No one under the age of 18 shall be allowed in a workstation unless accompanied by a parent or legal guardian.

(b) All areas shall be kept neat, clean, and in good repair.

(c) All surfaces and equipment (chairs, work stations, counters, client chairs or recliners, dispensers) in the procedure area shall be made of smooth, nonabsorbent, non-porous material that can withstand repeated use of disinfectants.

(d) All facilities shall have the waiting area separated from workstations and the cleaning area. A public restroom shall be available to clients during business hours.

(e) Pre-packaged, pre-sterilized, instruments or facility sterilized instruments must remain in sterile packages until opened in front of the client immediately prior to the body art procedure.

(f) An adequately sized waste receptacle shall include a lid and be available in each workstation for the disposal of trash and debris. Containers shall be emptied prior to overfilling.

(g) Each workstation shall have a commercial sharps container that is rigid, puncture proof, leak proof, and labeled with "Sharps Waste" or the biohazard symbol and the word "Biohazard." These containers shall be used for the disposal of sharp objects that come into contact with skin, or bodily fluids.

(h) All chemicals shall be properly labeled and stored.

(i) Pets or other animals shall not be allowed in the body art facility.

a. Trained guide or assistance animals as described in the Civil Code Section 54.1 or Chapter 9.5 (Section 7200) of Division 3 of the Business and Professional Code for the disabled and fish in aquariums in the waiting areas are exempted from restriction inside a body art facility or demonstration booth.

(j) Any body art facility owner or practitioner who suspects, knows, or reasonably should have known, that a body art procedure has transmitted a disease or infection to any person, shall notify the Department within 24 hours. The notification shall be followed by a written report that details the incident and includes corrective actions that will prevent such transmission from reoccurring.

(Ord. No. NS-517.82, § 5(B11-545), 2-26-13; Ord. No. NS-300.1002, § 58, 10-21-25)

In addition to Chapter 7 of Part 15 of Division 104 of the Health and Safety Code, The Safe Body Art Act, Section 119314(e)(3), the following local requirements shall apply:

(a) Wastes generated by body art facilities and practitioners during any body art process shall be classified in two categories for purposes of disposal:

(1) Sharps waste means any object that can penetrate the skin including, but not limited to, tattoo needles, permanent cosmetic needles, piercing needles, and razors. The removal and disposal of all sharps waste shall be done by a licensed waste hauler and disposal at a licensed treatment facility, or removal and transportation through a mail back system authorized by the California Department of Public Health in accordance with the California Health and Safety Code, Division 104, Part 14, Section 117600, et seq.

a. A sharps container that is ready for disposal or has reached full capacity must be properly disposed within one year.

b. A sharps container is considered full when the contents have reached ¾ full in the container or reaches the level of the container's designated limit line. All full containers must be securely closed and sealed.

(2) Contaminated waste means any contaminated waste other than sharps waste, which includes, but is not limited to, gauze, wipes, tissues, unused nonhazardous dyes and inks, and other non-sharps used in body art. Contaminated waste shall be placed in plastic bags, securely tied and disposed daily in a refuse container that prevents unauthorized access. This material shall be transported by a licensed solid waste hauler to an approved landfill or transfer station. Contaminated waste excludes hazardous waste that must be properly stored, managed, and disposed according to local, state, and federal requirements.

(b) All body art practitioners and body art facility owners shall keep documentation of proper disposal of sharps waste for a minimum of three years and shall be available upon inspection and/or request by a Department representative.

(Ord. No. NS-517.82, § 5(B11-546), 2-26-13; Ord. No. NS-300.1002, § 59, 10-21-25)