Tustin Municipal Code § 4140.190 Penalties

Footnotes:

--- (1) ---

Editor's note— Sec. II of Ord. No. 1407, adopted Nov. 15, 2011, amended Part 4 in its entirety to read as herein set out. Former Part 4 pertained to Permanent Cosmetics Facilities, consisted of Sections 4140.010—4140.220, and derived from Ord. No. 1324, adopted Mar. 20, 2007.

As used in this Chapter, unless the context otherwise requires, the following terms shall have the meanings ascribed to them respectively:

(a) "Antiseptic" means a liquid or semiliquid substance that is approved by the U.S. Food and Drug Administration, as indicated on the label, to reduce the number of microorganisms present on the skin and on mucosal surfaces.

(b) "Bloodborne pathogen(s)" means disease causing microorganisms that, when present in the blood, can be transmitted to humans. These microorganisms include, but are not limited to, Hepatitis B Virus (HBV), Hepatitis C Virus (HCV) and Human Immunodeficiency Virus (HIV).

(c) "Body art" means the practice of physical body adornment including, but not limited to, the following techniques: body piercing, tattooing or application of permanent cosmetics.

(d) "Body art facility" means the area within a building or other location in which a practitioner performs body piercing, tattooing or application of permanent cosmetics, including the preparation and procedure area, as defined in this Chapter.

(e) "Body piercing" means the creation of an opening in the human body for the purpose of inserting jewelry or decorative objects. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, belly button, cheek, forehead or eyebrow. Body piercing does not, for the purpose of this Chapter, include piercing the leading edge or earlobe of the ear with a sterile, disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

(f) "Client" means any individual who receives a body piercing, tattoo or application of permanent cosmetics from a practitioner as defined in this Chapter.

(g) "Disinfectant" means a product that is approved by the U.S. Environmental Protection Agency, as indicated on the label, to reduce or eliminate the presence of disease-causing microorganisms.

(h) "Health Officer" means the Orange County Health Officer or designee.

(i) "Instrument" means any tattooing, body piercing or permanent cosmetics equipment or device that comes into contact with intact skin, nonintact skin, or mucosal surfaces. Such equipment includes, but is not limited to, needles, needle bars, needle tubes, forceps, hemostats, tweezers, razors, razor blades, or other tools and devices used to insert pigment or pierce the skin or mucosal surfaces of the human body. Such equipment also includes studs, hoops, rings or other decorative jewelry, materials or apparatuses inserted into any part of the body for the intended purpose of placement in a hole resulting from the piercing.

(j) "Permanent cosmetics" means the application of pigments inserted into or under the surface of human skin for the purpose of permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color.

(k) "Permanent cosmetics facility" means the area within a building in which a practitioner performs the application of permanent cosmetics, including the preparation and procedure area, as defined in this Chapter.

(l) "Practitioner" means an individual who performs tattooing, body piercing, or who applies permanent cosmetics as defined in this Chapter.

(m) "Preparation area" means a room or a designated portion of a room that is used to clean and sterilize reusable instruments that are used for tattooing, body piercing, or permanent cosmetics.

(n) "Procedure area" means a room or a designated portion of a room where tattooing, body piercing or the application of permanent cosmetics is performed.

(o) "Proprietor" means the person having general control and management over the conduct of business at a body art facility, or the person operating such establishment, whether or not such person is the legal owner of the premises or the business.

(p) "Purchased pre-sterilized equipment" means any individually packaged, single-use instruments, devices and/or needles that are obtained after processing to render them free of all microbial life forms. Each package shall have the manufacturer's processing identification number and date of expiration.

(q) "Sharps waste" means any instrument or object, including, but not limited to, needles or razor blades, that has been used to penetrate the skin or mucosa to perform tattooing, body piercing or the application of permanent cosmetics, or otherwise contaminated by coming into contact with blood or surfaces that have not been disinfected or sterilized.

(r) "Sterilization" means the complete destruction of all microbial life forms, including spores.

(s) "Tattooing" means to pierce or puncture the human skin with a needle or other instrument for the purpose of the application of pigments or the inserting of pigment under the surface of the skin; the application of pigments or inks inserted into or under the skin for the purpose of producing a mark or by production of scars.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) Prior to registration as a body art practitioner with the Orange County Health Care Agency, all body art practitioners shall complete and submit proof of completion to the Health Officer of an Exposure Control Training Program that meets or exceeds the requirements of this Chapter.

(b) The person conducting the training shall be knowledgeable in the subject matter covered by the elements defined in section 4140.020(d).

(c) The organization providing the Exposure Control Training shall provide appropriate written training materials to each trainee.

(d) The content of the Exposure Control Training Program shall include:

(1) California Occupational Safety and Health Administration Bloodborne Pathogens Standard and other applicable standards and regulations with pertinent explanations.

(2) The causes, control, and symptoms of the diseases caused by bloodborne pathogens.

(3) The modes of transmission of bloodborne pathogens.

(4) A discussion of risks involved in the application of body art and how they may lead to exposure to bloodborne pathogens for the client or body art practitioner.

(5) The use of personal protective equipment, such as disposable gloves, and an explanation of the limitations of the equipment.

(6) The importance of hand washing and a demonstration of the hand-washing process, as described in Section 4140.090.

(7) The types, proper technique and order of tasks before and after putting on and removing gloves to avoid cross-contamination.

(8) Activities that compromise a disinfected work area, an aseptic procedure site, inks and pigments, sterile instruments and clean skin area.

(9) Choosing, using and storing disinfectants and antiseptics.

(10) Signs required for contaminated materials and the importance of labeling chemicals and supplies.

(11) Information on Hepatitis B vaccine, including its efficacy, safety and method of administration.

(12) What constitutes a bloodborne pathogen exposure incident, including:

a. How the exposure occurred and what actions are to be taken to prevent or minimize future exposures.

b. Risk of infection following a bloodborne pathogen exposure incident.

c. Procedures to be followed after an exposure incident, including medical follow-up.

d. Opportunity for interactive questions and answers with the instructor.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) Each proprietor shall establish, maintain and follow, at each body art facility, a written Infection Prevention and Control Plan.

(b) The Infection Prevention and Control Plan shall include, at a minimum, the following:

(1) Procedures for cleaning and disinfection of surfaces in the preparation and procedure areas.

(2) Procedures for maintaining the sterility or integrity of instruments, equipment and other material used during tattooing, body piercing, or permanent cosmetics.

(3) Procedures for cleaning, packaging, sterilizing, and storing reusable instruments and equipment.

(4) Procedures for safe handling and disposal of sharps waste.

(5) Inventory (names, manufacturers, container size) of all chemicals and disinfectants and their intended use.

(c) The Infection Prevention and Control Plan shall be revised by the proprietor whenever changes in practices or procedures are made, within thirty (30) days of a change in practices or procedures.

(d) The proprietor shall be responsible for ensuring that the Infection Prevention and Control Plan is followed.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) The health permit shall be posted in a conspicuous place in the lobby of the body art facility.

(b) Body art facilities shall not be used as a food establishment, for human habitation or any other use which may cause contamination of instruments or equipment used for body art activities.

(c) The floors, furnishings and equipment of body art facilities shall be kept clean and sanitary at all times during business hours.

(d) Adequate lighting and ventilation shall be provided in the preparation and procedure areas.

(e) Adequate toilet facilities, as required by the Tustin City Code, shall be available. Toilet rooms and bathrooms shall not be used for the storage of instruments, or other supplies used for body art activities, and shall be kept clean and sanitary at all times.

(f) Rooms used for tattooing, body piercing or permanent cosmetic procedures shall be separated by a wall or partition from those areas used for nail, hair and other activities.

(g) All sinks shall be supplied with hot (one hundred ten (110) degrees Fahrenheit minimum) and cold running water.

(h) A sink that is readily accessible to the body art practitioner shall be provided and equipped with liquid soap and single-use paper towels dispensed from wall-mounted dispensers that protect the supply from contamination.

(i) Pets or other animals shall not be allowed in the body art facility, except for trained guide or assistance animals for the disabled. No trained guide or assistance animal shall be allowed in the procedure or preparation area.

(j) No person shall utilize or maintain in a body art facility equipment that does not comply with the requirements of this Chapter.

(k) The proprietor shall maintain the body art facility and the general premises under the control of the proprietor in a clean and sanitary manner.

(l) All solid surfaces and objects in the procedure area, preparation area, and the decontamination and sterilization area that have come into contact with the client or the materials used in performing the body art, including, but not limited to, chairs, armrests, tables, countertops, and trays, shall be immediately cleaned and disinfected after each use with an appropriate bleach solution or other disinfectant. Manufacturer's instructions for concentration, contact time, and disposal requirements for all disinfectants must be observed.

(m) The practitioner shall wear disposable gloves on both hands when touching, cleaning or handling a surface or object soiled or potentially soiled with blood. Disposable gloves worn by the body art practitioner shall be promptly removed, and hands immediately washed whenever the practitioner leaves a procedure or preparation area.

(n) Each procedure and preparation area shall have waste receptacles which are lined with plastic bags manufactured for use in waste containers that fold over the top margin of the waste container.

(Ord. No. 1407, Sec. II, 11-15-11)

The provisions of this Chapter are intended to supplement applicable State Law and to be in addition to, and not in conflict with, such laws. Each provision shall remain in effect until the enactment of State Laws or the promulgation of State regulations that conflict with or otherwise preempt the authority of the County of Orange or the City of Tustin to control the conduct described in this Chapter.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) Instruments that pierce the skin or touch nonintact skin that will be reused shall be cleaned, packaged in appropriately labeled sterilizer pouches and sterilized prior to reuse.

(b) Used instruments that will be sterilized and reused shall be transported dry and then placed in a container of water, disinfectant or enzymatic soaking product until cleaned and sterilized. Used instruments must be kept physically separated from sterilized or unused disposable instruments. Disposable instruments must be disposed of directly into a sharps container or into the appropriate trash receptacle after use and shall be disposed of as required herein.

(c) Ultrasonic cleaners shall be available, maintained and operated according to manufacturer's instructions.

(d) Clean instruments to be sterilized shall be first placed in sterilizer pouches that contain either a sterilizer indicator or internal temperature indicator. Each pack shall contain instruments for not more than one (1) client. The outside of the pack shall be labeled with the name of the instrument, date sterilized and initials of the person operating the equipment.

(e) Instruments must be repackaged and re-sterilized if the pouch is torn or otherwise compromised, if the indicator shows that adequate temperature was not reached or if the item is not used within six (6) months of the date of sterilization.

(f) Sterilized instruments must be maintained and stored in sterilized pouches until use.

(g) Sterilizers shall be operated according to manufacturer's instructions. If manufacturer's instructions cannot be obtained, steam sterilization shall be accomplished in an autoclave with at least fifteen (15) pounds of pressure per square inch at a temperature of two hundred fifty (250) degrees Fahrenheit for at least thirty (30) minutes or as instructed by the local Health Officer should the standards for sterilization change from time to time.

(h) Liquid sterilants shall not be used to sterilize instruments.

(i) Sterilized instruments shall be placed in clean, dry, labeled containers or stored in a labeled cabinet that is protected from dust and water contamination.

(j) Sterilization equipment shall meet the following requirements:

(1) Only sterilizers intended for medical instruments shall be used. Sterilization equipment shall be cleaned, and maintained according to manufacturer's instructions.

(2) Sterilization equipment shall be tested after the initial installation, after any major repair, and at the frequency recommended by the manufacturer. If no manufacturer's recommendation can be found, then the unit shall be tested at least weekly utilizing a biological monitoring system appropriate for the sterilizer type.

(3) Biological indicator test results shall be maintained on site and available for review for a period of two (2) years subsequent to the date of the results.

(k) A written log of each sterilization cycle shall be maintained on site and available for review for a period of two (2) years, and shall include the following information:

(1) Date of load.

(2) The contents of the load.

(3) The exposure time and temperature.

(4) The results of the chemical indicator.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) A practitioner using only purchased, disposable, single-use and pre-sterilized instruments shall not be required to have sterilization equipment.

(b) Invoices for the purchase of all pre-sterilized instruments must be maintained on site and available for review for a period of two (2) years after purchase. Required invoices include, but are not limited to, combo couplers, needle chambers, barrels, casings, tips and needles.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) No body art procedure shall be performed on skin surface areas containing any rash, pimples, boils, or infection or otherwise manifesting any evidence of unhealthy conditions including, but not limited to, any evidence of inflammation, such as redness, swelling, infection, or open or draining lesions.

(b) Prior to receiving a tattoo, body piercing or permanent cosmetics, the client shall read, sign and receive a copy of an informed consent form and post-procedure instructions appropriate to the procedure.

(c) A copy of the signed informed consent form and post-procedure instructions for all body art procedures must be maintained on site and available for review for a period of two (2) years after the procedure is performed.

(d) The consent form and post-procedure instructions shall include, at a minimum, the following:

(1) Record of information from the client's picture identification showing the name, date of birth, gender, address of client, and driver's license or identification card number.

(2) A summary, including the date, location and description of the procedure.

(3) What to expect following the procedure, including any medical complications that may occur as a result of the procedure.

(4) A statement regarding the permanent nature of body piercing, tattooing or permanent cosmetics.

(5) A questionnaire regarding a client history of herpes, diabetes, allergic reactions to latex or antibiotics, hemophilia or any other bleeding disorder or the use of anticoagulants, which may prevent the healing of the site where the tattoo or permanent cosmetics were applied, and of cardiac valve disease or of being prescribed antibiotics prior to dental or surgical procedures.

(6) Post-procedure instructions on the care of the site of the tattoo, body piercing, or permanent cosmetics.

(7) Post-procedure restrictions on activities such as bathing, swimming, gardening or contact with animals.

(8) Information regarding signs and symptoms of infection and to immediately consult a physician if any of the listed signs and symptoms of infection occur.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) No body art operation shall be performed unless the practitioner is free of pustular skin lesions and any communicable diseases that could be transmitted in the normal practice of body art.

(b) No practitioner shall eat, drink or smoke while performing a body art procedure.

(c) No practitioner shall perform a body art procedure with unclean hands. For purposes of this section, hands shall not be considered clean unless they have been thoroughly washed with soap from a single-service dispenser and warm water, vigorously rubbing all surfaces of lathered hands for at least ten (10) seconds, followed by thorough rinsing under a stream of water. Hands shall be dried using single-service towels from a sanitary dispenser or hot air blower. Practitioners shall wear new, disposable exam gloves for every client during the procedure. Gloves shall be discarded between each client, and hands shall be washed each time gloves are changed. If a glove is pierced, torn, or contaminated by coming into contact with any other person, or contaminated surface, both gloves shall be removed and discarded. A single pair of gloves shall not be used on more than one (1) person.

(Ord. No. 1407, Sec. II, 11-15-11)

No body art operation shall be performed unless the skin is adequately prepared prior to the operation. For purposes of this section, skin shall be considered properly prepared if it is thoroughly cleaned with an antiseptic according to manufacturer's instructions. If necessary, the skin shall be shaved with a new, single-use disposable razor.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) All inks, pigments, petroleum jellies, soaps, and other reusable products used in a procedure shall be dispensed from containers in a manner to prevent contamination of the original container and its contents.

(b) Pigments shall be placed into clean single-use cups or caps that shall be disposed of immediately in an appropriate waste receptacle upon completion of the procedure.

(c) Only single-use rinse cups shall be used with procedures, and they shall be disposed of immediately upon completion of the procedure.

(d) All inks, dyes or pigments used shall be commercially manufactured for the procedure and shall be used according to manufacturer's instructions.

(e) All products applied to the skin, including stencils, shall be single-use and disposed of into a waste receptacle after the procedure.

(f) Needles and needle bars shall be sterilized prior to tattooing or the application of permanent cosmetics or shall be purchased pre-sterilized. Needles shall be used only once and then disposed of in a sharps container.

(g) If a rotary pen, or traditional coil machine that reuses components, is used, then the use of sterilization equipment shall be required for sterilization of the reusable parts that make contact with the client or blood.

(h) All rotary pens and other devices used to apply pigments must be designed and used to prevent backflow of pigments into the machine.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) All jewelry or other objects to be placed in newly pierced skin shall be sterilized, or purchased pre-sterilized, be in good condition, and be designed and manufactured for insertion into the intended body part.

(b) Only jewelry or other objects made of ASTM F138, ISO 5832-1, and AISI 316L or AISI 316LVM implant grade stainless steel, solid 14K through 18K gold, niobium, ASTM F 136 6A4V titanium, platinum or other materials determined to be equally biocompatible shall be placed in newly pierced skin.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) Each procedure area shall have a container for the disposal of sharps (needles, razor blades, etc.) waste that is rigid, puncture resistant, leakproof and that is closeable and sealable so that when sealed the container cannot be reopened without great difficulty. The container must be labeled with the words "sharps waste" or with the international biohazard symbol and the word "BIOHAZARD."

(b) All sharps waste produced during the process of tattooing, body piercing and permanent cosmetics shall be disposed of by one (1) of the following methods:

(1) Steam sterilized on site and disposed of as solid waste. If this method is utilized a chemical indicator strip or tape that indicates that the container has been treated must be affixed prior to sterilization, and shall stay affixed to the container when it is disposed.

(2) Treated on site by a method approved by the Health Officer, and disposed of as solid waste.

(3) Removal and disposal through use of a Registered Medical Waste Hauler in accordance with the provisions of the California Medical Waste Management Act. Tracking documents must be maintained on site and be available for review for a period of two (2) years from the date of removal from the body art facility.

(Ord. No. 1407, Sec. II, 11-15-11)

Temporary body art facilities shall be prohibited in the City of Tustin.

(Ord. No. 1407, Sec. II, 11-15-11)

Mobile body art facilities shall be prohibited in the City of Tustin.

(Ord. No. 1407, Sec. II, 11-15-11)

The Health Officer or his or her designee is charged with the enforcement of this Chapter, except for Sections 4140.210, 4140.220 and 4140.230. The City of Tustin Police Department and the City of Tustin Code Enforcement Officer are also authorized to enforce this ordinance [Part]. The Health Officer may, during the establishment's hours of operation and other reasonable times, enter, inspect, search and secure samples, photographs, or other evidence from any body art facility, or any location suspected of being a body art facility, for the purpose of enforcing this Chapter. It is a violation of this Chapter for any person to refuse to permit entry or inspection, the taking of samples or other evidence, or access to the facility in order to copy any record as authorized by this Chapter, or to conceal any samples or evidence, or withhold evidence concerning them. A written report of the inspection shall be made and a copy shall be supplied or mailed to the proprietor or practitioner of the body art facility.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) Every practitioner as defined in this Chapter shall register with the Health Officer and shall have on display, so as to be readily visible to the public, proof that shows that the practitioner has registered, as specified in Health and Safety Code, Section 119303.

(b) Registration of all practitioners is required every three (3) years.

(Ord. No. 1407, Sec. II, 11-15-11)

A body art facility shall not be open for business without:

(1) At least one (1) valid body art permit issued by the Director of Community Development to a practitioner practicing body art at that location during operating hours;

(2) A valid City business license; and

(3) A valid County health permit.

The Health Officer shall issue a health permit when inspection has determined that the proposed body art facility and its method of operation will conform to the requirements of this Chapter. A health permit, once issued, is nontransferable. A health permit shall be valid only for the proprietor and location approved. The Orange County Board of Supervisors shall adopt fees for the health permit, practitioner registration, and related services. Fees shall be sufficient to cover the actual expenses of administering and enforcing this program.

(Ord. No. 1407, Sec. II, 11-15-11)

Violation of any Section of this Chapter by the proprietor or practitioner shall constitute a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) per day per violation or by imprisonment in the county jail for a term not exceeding six (6) months, or both such fine and imprisonment. Each day the violation continues and is not corrected shall be treated as a separate and distinct violation.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) Whenever the Health Officer finds that a body art facility is not in compliance with the requirements of this Chapter, a written inspection notice shall be issued to the proprietor. If the proprietor fails to comply within the noted timeframe, the Health Officer shall issue to the proprietor a notice of violation setting forth the acts or omissions with which the proprietor is charged. Failure to comply with the Notice of Violation within the noted timeframe may result in health permit suspension.

(b) If any immediate danger to the public health or safety is found, unless the danger is immediately corrected, the Health Officer may temporarily suspend the permit and order the body art facility immediately closed. Immediate danger means any condition, based upon inspection findings or other evidence, that may cause disease transmission, including, but not limited to:

(1) Unclean or unsanitary floors, furnishings, toilet facilities, and equipment of the body art facility;

(2) Inadequate sterilization of equipment;

(3) Lack of appropriate disposal receptacles and methods;

(4) Sewage contamination;

(5) Lack of potable water supply;

(6) Or any other condition, which, in the opinion of the Health Officer, causes immediate danger to public health and safety and requires temporary suspension as noted above.

(c) Whenever a health permit is suspended as the result of an immediate danger to the public health or safety, the Health Officer shall issue to the proprietor a notice setting forth the acts or omissions with which the proprietor is charged.

(d) Any body art facility for which the health permit has been suspended shall close and remain closed until the health permit has been reinstated.

(e) Where grounds for denial, suspension, nonrenewal or revocation of a health permit exist, the Orange County Sheriff, Health Officer or Code Enforcement Officer shall serve the applicant or permit holder with a notice which shall state the reasons for the proposed action, the effective date of the action, and of the right to appeal the action.

(f) Appeal shall be made by filing a written notice of appeal setting out the action appealed from, the grounds of the appeal and the facts upon which the appeal is based. The notice of appeal shall be filed with the Clerk of the Board of Supervisors not more than thirty (30) days after service of the notice of proposed action. A copy of the notice appealed shall be attached to the notice of appeal. Notice of the date, time, and place of the hearing on the appeal shall be mailed at least ten (10) days prior to the date of the hearing by certified mail, return receipt requested, with proof of service attached, addressed to the address on the permit.

(g) Hearing on the appeal shall be conducted by a Hearing Officer who shall preside over the hearing, take evidence on the appeal and determine whether, on the basis of a preponderance of the evidence, the appealed action shall be upheld. The Hearing Officer shall render a written decision not less than forty-five (45) days after the date of the appeal hearing. The decision of the Hearing Officer shall be final.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) No body art facility shall operate except between the hours of 8:00 a.m. and 10:00 p.m. Sunday through Thursday and between 8:00 a.m. and 12:00 a.m. on Friday and Saturday.

(b) The hours of operation shall be posted in a conspicuous place in the lobby of the establishment and in a window or other location visible from the outside.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) Each body art facility shall have a manager on the premises during all hours of operation who shall be responsible for the operations and maintenance of the facility, for compliance with all licensing requirements and to observe and supervise the actions of all persons on the premises.

(b) Each body art facility shall provide a lobby or other seating area where customers and other invitees of the business may be seated while waiting or otherwise not having body art applied.

(c) No body art facility shall knowingly permit loud, boisterous, lewd, violent or threatening behavior by clients or staff while in the facility or in any parking lot or other adjacent area under the control of the body art facility.

(Ord. No. 1407, Sec. II, 11-15-11)

(a) No body art facility shall be operated in a manner which constitutes a nuisance.

(b) Operation of a body art facility in violation of this Chapter or applicable penal or health statute of the State of California shall constitute a public nuisance.

(c) A body art facility may be found to be a nuisance on the basis of multiple violations of this Chapter, or any penal or health statute of the State of California or of multiple complaints which have not been resolved against the proprietor.

(d) Nuisance determinations and abatement shall be made and performed in the manner set forth in Sections 3-14-2 and following of the Codified Ordinances of the County of Orange.

(Ord. No. 1407, Sec. II, 11-15-11)