Santa Clara County Municipal Code § B11-500 Purpose and scope

Pursuant to the authority of The Safe Body Art Act (Health and Safety Code Section 119300 et seq.), the purpose of this Chapter is to protect public health, welfare, and safety within Santa Clara County by establishing local requirements for the regulation of body art practitioners, body art facilities, and body art facility owners. The regulations established in this Chapter supplement and expand upon those in The Safe Body Art Act. The regulations of The Safe Body Art Act shall control should any regulation contained in this Chapter be found by a court of competent jurisdiction to be in direct conflict with The Safe Body Act.

It shall be the duty of the Director of Public Health or County Health Officer to enforce the provisions of this Chapter and the provisions of The Safe Body Art Act throughout both the incorporated and unincorporated areas of Santa Clara County.

(Ord. No. NS-517.82, § 1, 2-26-13; Ord. No. NS-300.1002, § 50, 10-21-25)

In addition to the definitions in Chapter I of this Division and The Safe Body Art Act, the following terms are defined for the purposes of this Chapter:

(a) Aftercare means written and oral instructions (sometimes called "postprocedure instructions") given to the client, specific to the body piercing, permanent cosmetic, or tattoo procedure(s) rendered, on caring for the body piercing or tattoo and surrounding tissues.

(b) Antimicrobial means agents that disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms.

(c) Autoclave means a container (sometimes called a "steam sterilizer") specifically made for sterilizing instruments or other materials by superheated steam (at least 250 degrees Fahrenheit) under pressure for a specified period of time to insure sterilization of all contents.

(d) Bodily fluids means any fluid in the body including blood, urine, saliva, sputum, tears, semen, milk, or vaginal secretions. Blood includes human blood, human blood components, and products made from human blood. Blood may be released from the body when the skin of any human surfaces including, but not limited to, the lip, tongue, mouth, or nose, is punctured, torn, cut, or abraded.

(e) Cleaning area means a room or a designated portion of a room (sometimes called a decontamination and sterilization area) that is used to clean and sterilize reusable equipment and devices that are used for the practice of body art.

(f) Client means any individual who inquires about receiving, makes an appointment to receive, or receives body art from a practitioner as defined in The Safe Body Art Act.

(g) Contaminated means the presence or reasonably anticipated presence of blood, body fluid, or other potentially infectious materials in or on the surface of an item.

(h) Contaminated waste means any contaminated material used in the application of body art that is to be disposed.

(i) Department means the Public Health Department, County of Santa Clara as the local enforcement agency per Health and Safety Code Section 119301(o).

(j) Director means the Director of Public Health, County of Santa Clara.

(k) Handwashing means compliance with the following process:

(1) Wet hands with warm running water.

(2) Apply soap (antimicrobial liquid soap in a wall-mounted pump dispenser) and thoroughly distribute over hands.

(3) Rub hands together vigorously for at least 20 seconds, covering all surfaces of the hands and fingers, paying special attention to the thumbs, backs of the fingers, backs of the hands, and beneath the fingernails.

(4) Rinse hands thoroughly to remove residual soap.

(5) Dry hands with single-use fold disposable paper towels or warm-air drying. If paper towels are used, they shall be dispensed from holders that require the user to remove them one at a time.

(6) Use the towel to turn off the taps or use elbow/foot operated taps.

(l) Infection prevention and control plan means a written plan applicable to all those who are employed by a facility owner or operator of a body art facility describing how the applicable requirements of this Chapter and The Safe Body Art Act will be implemented. It is designed to eliminate or minimize employee and client exposure to bloodborne pathogens and other communicable diseases.

(m) Instrument means body art equipment or implement (sometimes called a "nonmedical application device") that comes into contact with blood or non-intact skin. Such equipment includes, but is not limited to, needles, needle bars, needle tubes, forceps, hemostats, tweezers, or other implements used to insert pigment or pierce the human body for the intended purpose of making a tattoo or a permanent hole. These instruments shall be sterile before use on clients. Equipment also includes studs, hoops, rings, or other decorative jewelry.

(n) Piercing device means any Department-approved instrument that is used to create an opening in the human body for the purpose of inserting jewelry or other decoration.

(o) Person means any individual, firm, or corporation.

(p) Pre-sterilized means instruments and procedure set-ups that are sold individually packaged and processed to render them free from all microorganisms. Each pack shall have a sterilization lot number from the purchasing facility and a date before which the instruments shall be used.

(q) Remodel means any change to the current body art 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 Department.

(r) Sanitation means effective microbicidal treatment of clean equipment surfaces by a process that has been approved by the Director as being effective in destroying pathogens.

(s) Sharps container means a rigid puncture resistant commercial container that, when sealed, is leak resistant and cannot be reopened without great difficulty. Such containers shall be designed and constructed specifically for the proper containment of sharps waste.

(t) Sharps waste means any device or instrument having acute rigid corners, edges, or protuberances capable of cutting or piercing the skin, that has been used in the performance of body art and has not been disinfected or sterilized following use including, but not limited to, all of the following:

(1) Tattooing needles and needle bars.

(2) Disposable piercing needles.

(3) Disposable razors.

(u) Third-party certification means written confirmation from an independent organization that is not affiliated with the equipment manufacturer that will evaluate the equipment for the purposes of determining whether the equipment meets the requirements of Health and Safety Code Section 119311(i).

(v) Workstation means an area within a procedure area as defined by The Body Art Act that is set up for the application of body art and is an area with unimpeded access to a hand sink.

(Ord. No. NS-517.82, § 1, 2-26-13; Ord. No. NS-300.1002, § 51, 10-21-25)