Chapter 5.45 TATTOO PARLORS AND BODY-PIERCING FACILITIES

All places, individuals and businesses that offer body-piercing or affix any type of permanent tattoo to a person shall be regulated by this chapter and shall maintain the premises in which tattoos and body-piercing are performed and maintain equipment used in the tattoo and bodypiercing process in a sanitary manner. [Ord. G-2013-19, passed 12-10-13.]

5.45.020 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Blood” means human blood.

“Bloodborne pathogens” means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to the following:

(1) HBV;

(2) HCV;

(3) HIV.

“Body-piercing” means the perforation of any human body part other than an earlobe for the purpose of inserting jewelry or other decoration or for some other nonmedical purpose.

“Branding” means the burning of human skin. Similar to bovine use is prohibited.

“Cleaned” means removal of all visible dust, soil, or any other foreign material.

“Contaminated” means the presence or reasonably anticipated presence of blood or OPIM (other potentially infectious materials) on an item or surface.

“Decontaminated” means the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item which does not require sterilization to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handing, use, or disposal.

“Department” means the Vanderburgh County Health Department.

“Disinfection” means the process or act to destroy and prevent the growth of disease carrying microorganisms.

“HBV” means the Hepatitis B virus.

“HCV” means the Hepatitis C virus.

“Health Officer” means the duly appointed Health Officer as set forth in IC 16-20-2.

“HIV” means the human immunodeficiency virus.

“Infectious waste” means waste that epidemiological evidence indicates is capable of transmitting a dangerous communicable disease. Infectious waste includes, but is not limited to, the following:

(1) Contaminated sharps or contaminated objects that could potentially become contaminated sharps;

(2) Infectious biological cultures, infectious associated biological, and infectious agent stock;

(3) Pathological waste;

(4) Blood and blood products in liquid and semi-liquid form;

(5) Other waste that has been intermingled with infectious waste.

“Other potentially infectious materials” or “OPIM” means human body fluids as follows:

(1) Semen.

(2) Vaginal secretions.

(3) Cerebrospinal fluid.

(4) Synovial fluid.

(5) Pleural fluid.

(6) Pericardial fluid.

(7) Peritoneal fluid.

(8) Amniotic fluid.

(9) Saliva in dental procedures.

(10) Any body fluid that is visibly contaminated with blood.

(11) All body fluids where it is difficult or impossible to differentiate between body fluids.

“Parenteral” means piercing the mucous membranes or the skin barrier through such events as needle-sticks, human bites, cuts, or abrasions.

“Personal protective equipment” means specialized clothing or equipment worn for protection against contact with blood or OPIM.

“Piercing artist” means an artist or person who performs boring, penetration or tunneling through the skin or organ of a client, in order to make a space to hold jewelry in that place.

“Scarification (scarring)” includes, but is not limited to: laying the skin wide open, via a needle; saturating the area; and the placing of autoclave sand or other substance into the area to build up a scar.

“Secure area” means an area designated and maintained to prevent the entry of unauthorized persons.

“Semi-liquid blood, blood products” means blood or blood products that have intermediate fluid properties and are capable of flowing in a manner similar to liquid.

“Sterilize” means the use of a physical or chemical procedure to destroy all microbial life, including highly resistant bacterial endospores.

“Store” means the containment of infectious waste in a secure area, in such a manner as not to constitute collection, treatment, transport, or disposal.

“Tattoo” means:

(1) Any indelible design, letter, scroll, figure, symbol, or other mark placed with the aid of needles or other instruments.

(2) Any design, letter, scroll, figure or symbol done by scarring, upon or under the skin.

(3) Scarring or branding.

“Tattoo artist” means any person who provides a tattoo to an individual.

“Tattoo operator” means any person who controls, operates, conducts, manages, or owns any tattoo parlor.

“Tattoo parlor” means any room or space where tattooing is provided or where the business of tattooing is conducted.

“Universal precautions” means an approach to infection control in which all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, HCV, and other bloodborne pathogens. [Ord. G-2013-19, passed 12-10-13.]

5.45.030 General requirements.

No person shall do any of the following:

(A) Operate a business that offers tattooing or body-piercing services without a license, unless the County Health Department has approved the business, under this code and 410 IAC 1-5;

(B) Perform a tattooing or body-piercing procedure in a manner that does not meet the safety and sanitation standards established under this code and Rule 5, 410 IAC 1-5;

(C) Perform a tattooing or body-piercing procedure in a manner that does not meet the standards for appropriate disinfection and sterilization of invasive equipment or parts of equipment used in performing the procedures established by this chapter, under Rule 5, 410 IAC 1-5. [Ord. G-2013-19, passed 12-10-13.]

5.45.040 Age limitation/consent.

(A) Tattooing or body-piercing may not be performed on individuals under 18 years of age without parental consent.

(B) A parent, guardian, or custodian of an individual under age 18 who desires to give consent to a business to perform on the individual a tattooing procedure or body-piercing procedure shall do both of the following:

(1) Appear in person at the business at the time the procedure is performed and remain through the procedure.

(2) Sign a document provided by the business that explains the manner in which the procedure will be performed and the methods for proper care of the affected body area following performance of the procedure. [Ord. G-2013-19, passed 12-10-13.]

5.45.050 Consent/identification.

(A) Consent. Unless consent has been given in accordance with the City code, no individual, and no individual who is under 18 years of age, shall obtain or attempt to obtain a tattooing or body-piercing procedure.

(B) False Information. No individual who is under 18 years of age shall knowingly show or give false information concerning his or her name, age, or other identification for the purpose of obtaining a tattooing or body-piercing procedure for himself or herself. Likewise, no individual shall knowingly show or give false information or identification for another individual to receive a tattooing or body-piercing service.

(C) Identification Required. Tattoo/body-piercing parlors shall require a picture ID of any individual receiving tattooing or body-piercing services, for their own records and protection.

(D) Impersonation of parent, guardian, custodian prohibited. No individual shall impersonate the parent, guardian, or custodian of an individual who is under age 18 for the purpose of obtaining for the individual under 18 a tattooing or body-piercing procedure. [Ord. G-2013-19, passed 12-10-13.]

5.45.060 General safety and sanitation standards.

A business offering tattoo and/or body-piercing services shall comply with the following provisions:

(A) The premises in which tattooing or body-piercing is conducted shall consist of an area of at least 100 square feet. The floor space for each individual performing tattoo or body-piercing services shall be an area of at least 45 square feet. These areas shall be separated from each other and from waiting patrons or observers by a panel, wall or by a door. Complete privacy should be available upon a patron’s request.

(B) The entire procedure room and equipment shall be maintained in a clean, sanitary condition and in good repair.

(C) The tattoo/body-piercing business shall be equipped with artificial light sources equivalent to at least 20 foot-candles at a distance of 30 inches above the floor throughout the establishment. A minimum of 40 foot-candles of light shall be provided at the level where the tattooing is being performed. Spotlighting may be used to achieve this required degree of illumination.

(D) All floors shall be an impervious, smooth, washable surface; have a minimum dimension of at least 45 square feet; and shall be maintained in a sanitary manner at all times. All walls shall be maintained in a sanitary manner.

(E) All tables and other equipment shall be constructed of easily cleanable material with a smooth, washable finish.

(F) Restroom facilities shall be made available to the employees and customers of the business and must be located within the establishment. The restroom shall be accessible at all times the business is open for operation. The restroom shall be equipped with a covered trash receptacle, toilet, toilet paper installed in a holder, lavatory supplied with hot and cold running water, liquid antimicrobial soap and paper towels in dispensers. Equipment and supplies used in the course of tattoo and body-piercing services or disinfection and sterilization procedures shall not be stored or utilized within the restroom.

(G) A lavatory or hand washing sink, with hot and cold running water, antimicrobial liquid soap, and paper towels in dispensers shall be located in close proximity of each individual performing a tattoo or body-piercing procedure.

(H) There shall be no overhead or otherwise exposed sewage lines so as to create a potential hazard to the sanitary environment of the business.

(I) Gloves must be worn during all tattooing and body-piercing procedures.

(J) Clean dressing must be applied after completion of each tattoo.

(K) Prior to tattooing and body-piercing, the operator who will be performing the procedure shall inquire of a patron for conditions which could affect the healing process. The operator shall not perform a tattoo or body-piercing procedure on patrons indicating the presence of such a condition without documentation from a licensed physician, indicating acceptance of the patient for appropriate care following the procedure.

(L) With respect to tattooing services, written records must be maintained, which include the professional tattooing ink for each tattoo performed.

(M) Comply with the safety and sanitation requirements for preventing transmission of infectious diseases, as established in Rule 5, 410 IAC 1-5. [Ord. G-2013-19, passed 12-10-13.]

5.45.070 Tattoo/body-piercing operator/establishment training responsibilities.

An individual or entity that is a tattoo/body-piercing operator shall comply with the following training responsibilities:

(A) Ensure that the training described in the Indiana Occupational Safety and Health Administration’s Bloodborne Pathogens Standard is provided to all tattoo and body-piercing artists, anyone employed by the tattoo/body-piercing parlor, or anyone acting on behalf of the tattoo/body-piercing parlor who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM.

(B) Ensure that training on the establishment’s procedure for handling of infectious waste is provided to all tattoo and body-piercing artists, anyone employed by the tattoo/body-piercing business, or anyone acting on behalf of the tattoo/body-piercing business who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM.

(C) Ensure that a record of training described in subsection (A) of this section is maintained, as required under the Indiana Occupational Safety and Health Administration’s Bloodborne Pathogens Standard, of an individual’s participation in the training that is provided. The record shall be made available to the department for inspection upon request.

(D) Ensure that a record of training described in subsection (B) of this section is maintained.

(E) Each establishment (parlor) is responsible for ensuring that their personnel meet basic standards and apprenticeship training by establishing their own requirements. [Ord. G-2013-19, passed 12-10-13.]

5.45.080 Tattoo/body-piercing business operator responsibilities.

(A) The tattoo/body-piercing business operator shall ensure that tattoo and bodypiercing artists, anyone employed by the tattoo/body-piercing business, or anyone acting on behalf of the business who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood are provided personal protective equipment and expendables needed to implement the precautions required by this rule and the Indiana Occupational Safety and Health Administration’s Bloodborne Pathogens Standard.

(B) The tattoo/body-piercing operator shall require tattoo/body-piercing artists, anyone employed by the tattoo/body-piercing parlor, or anyone acting on behalf of the tattoo/bodypiercing parlor who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood to provide evidence of compliance with the universal precautions education requirements contained in EMC 5.45.070.

(C) The tattoo/body-piercing operator shall display written materials prepared or approved by the department explaining universal precautions and patrons’ rights under this rule. The materials shall include information on how to report violations of universal precautions and shall include information regarding the department’s duties to investigate.

(D) The tattoo/body-piercing operator shall ensure that no illicit drugs or alcohol are consumed in the tattoo/body-piercing parlor.

(E) The tattoo/body-piercing operator shall ensure that no tattoo or body-piercing shall be affixed to or performed on any person who is intoxicated. [Ord. G-2013-19, passed 12-10-13.]

5.45.090 Tattoo/body-piercing operator policies.

The tattoo/body-piercing operator shall develop a written policy in compliance with this rule and the requirements of the Indiana Occupational Safety and Health Administration’s Bloodborne Pathogens Standard that:

(A) Requires the use of universal precautions when performing tattooing, body-piercing and/or any activity or duty that includes any reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or OPIM;

(B) Includes the procedure for safe handling of infectious waste at the establishment;

(C) Provides sanctions, including discipline and dismissal, if warranted, for failure to use universal precautions and/or handle infectious waste safely. [Ord. G-2013-19, passed 12-10-13.]

5.45.100 Tattoo/body-piercing artist IOSHA training – Tattoo/body-piercing parlor responsibility.

(A) It is the responsibility of the tattoo/body-piercing parlor to assure that anyone employed by the establishment and anyone acting on behalf of the tattoo/body-piercing parlor who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM shall complete the training program that is required under the requirements of the Indiana Occupational Safety and Health Administration’s Bloodborne Pathogens Standard. The programs under this section shall be as follows:

(1) A bloodborne pathogen training session provided by the tattoo/body-piercing operator meeting the requirements under the Indiana Occupational Safety and Health Administration’s Bloodborne Pathogens Standard.

(2) Any bloodborne pathogen continuing education program accredited by a health care licensing entity.

(B) Anyone employed by the tattoo/body-piercing parlor or acting in behalf of the tattoo/body-piercing parlor who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM must be trained in the tattoo/body-piercing parlor’s policies on the handling of infectious waste.

(C) Operators must attend and pass a certified CPR and basic first aid class/training. [Ord. G-2013-19, passed 12-10-13.]

5.45.110 Patron records.

Records of each patron shall be maintained for two years. The record shall include:

(A) Patron’s name;

(B) Patron’s address;

(D) Date tattooing or body-piercing was performed;

(E) Description of the tattoo;

(F) Location of the tattoo or body-piercing on the patron’s body;

(G) Name and description of decorative implement or other implement placed into the pierced body area;

(H) The name of the tattoo/body-piercing artist who performed the work;

(I) Parental consent must be in writing when performed on any minor as permitted by law. [Ord. G-2013-19, passed 12-10-13.]

5.45.120 Illness.

Anyone employed by a tattoo/body-piercing parlor or acting in behalf of the establishment who is experiencing symptoms of acute disease that include, but are not limited to:

(A) Diarrhea;

(B) Vomiting;

(D) Potentially infectious rash;

(E) Productive cough;

(F) Jaundice; or

(G) Draining (or open) skin infections, boils, impetigo, or scabies;

shall refrain from providing tattoos or body-piercings. [Ord. G-2013-19, passed 12-10-13.]

5.45.130 Hand washing.

(A) Hand washing facilities shall be readily accessible in a closed proximity where the tattooing and body-piercing are provided.

(B) Hands shall be washed with soap and running water immediately before putting on sterile gloves and after removal of gloves or other personal protective equipment.

5.45.140 Personal protective equipment.

Appropriate personal protective equipment shall be worn as follows:

(A) A clean protective clothing layer shall be worn whenever there is a reasonably anticipated risk of contamination of clothing by blood or OPIM.

(B) Masks in combination with eye protection devices, such as goggles or glasses with solid side shield, or chin length face shield, shall be worn whenever splashes, spray, splatter, or droplets of blood or OPIM may be generated and eye, nose, or mouth contamination can be reasonably anticipated.

(C) Disposable gloves shall be worn during the tattooing and body-piercing process. Gloves shall be changed and properly disposed of each time there is an interruption in the application of a tattoo or body-piercing, when the gloves become torn or punctured, or whenever the ability to function as a barrier is compromised. Disposable gloves shall not be reused.

(D) Gloves shall be worn when decontaminating environmental surfaces and equipment. [Ord. G-2013-19, passed 12-10-13.]

5.45.150 Tattooing/body-piercing equipment.

(A) Only single-use razors shall be used to shave the area to be tattooed, or body part to be pierced. Single-use razors shall be discarded in sharps containers immediately after use.

(B) The stencil for transferring a design to the skin is to be single-use only, and shall be properly disposed of after a single use.

(C) After shaving the area to be tattooed or pierced, or if the area does not need to be shaved, the site of the tattoo or piercing shall be cleaned with soap and warm water, rinsed with clean water and a germicidal solution applied in a sanitary manner before a piercing, or before a design is placed on the skin for use during tattooing. Other sterile, individual towels or gauze shall be used in preparing the site to be tattooed or pierced, and properly disposed of after use on each patron. [Ord. G-2013-19, passed 12-10-13.]

5.45.160 Needles.

(A) Needles shall come packaged and sterilized prior to use for each tattoo or bodypiercing.

(B) Needles shall be single-use only.

(D) Contaminated needles shall not be bent or broken or otherwise manipulated by hand. [Ord. G-2013-19, passed 12-10-13.]

5.45.170 Reusable equipment.

(A) Autoclave sterilization must be used when heat stable, nondisposable equipment is sterilized.

(B) Records must be maintained to document:

(1) Duration of sterilization technique;

(2) Determination of effective sterility, such as use of a biological indicator, including spores, is performed monthly;

(3) Equipment is maintained as recommended by the owner’s manual and proof is available that the owner’s manual recommendations are reviewed monthly.

(C) Reusable contaminated equipment shall not be stored or processed in a manner that requires any person to reach by hand into the containers where these sharp items have been placed.

(D) Reusable contaminated equipment shall be:

(1) Placed in puncture-resistant containers;

(2) Labeled with biohazard symbol;

(3) Leak-proof on both sides and bottom;

(4) Stored in a manner that does not require reaching by hand into the container where the equipment is stored until cleaning prior to sterilization.

(E) Contaminated reusable equipment shall be effectively cleaned prior to sterilization.

(F) Reusable tubes shall be effectively cleaned and sterilized before reuse. [Ord. G-2013-19, passed 12-10-13.]

5.45.180 Dyes or pigments.

(A) All dyes or pigments in tattooing shall be from professional suppliers specifically providing dyes or pigments for the tattooing of human skin.

(B) In preparing dyes or pigments to be used by tattoo artists, only nontoxic sterile materials shall be used. Single-use or individual portions of dyes or pigments in clean, sterilized containers shall be used for each patron.

(C) After tattooing, the remaining unused dye or pigment in single-use or individual containers shall be discarded along with the container. [Ord. G-2013-19, passed 12-10-13.]

5.45.190 Work environment.

(A) No tattooing or body-piercing shall be conducted in any room used as living quarters or in any room that opens directly into living or sleeping quarters.

(B) Live animals shall be excluded from areas where tattooing or body-piercing is being conducted. This exclusion does not apply to:

(1) Patrol dogs accompanying security or police officers;

(2) Guide dogs accompanying:

(a) Blind persons;

(b) Partially blind persons;

(d) Guide dog trainers;

(e) Persons with impaired hearing.

(C) Eating, drinking, smoking, or applying cosmetics shall not be allowed in work areas where there is a likelihood of exposure to blood or OPIM.

(D) Food and drink shall not be kept in areas where there is a reasonably anticipated risk of exposure to blood or OPIM.

(E) All equipment and environmental surfaces shall be cleaned and decontaminated after contact with blood or OPIM.

(F) Environmental surfaces and equipment not requiring sterilization that have been contaminated by blood shall be cleaned and decontaminated.

(G) All work surfaces shall be:

(1) Nonabsorbent;

(2) Easily cleanable;

(3) Smooth;

(4) Free of:

(a) Breaks;

(b) Open seams;

(d) Chips;

(e) Pits;

(f) Similar imperfections.

(H) Disinfectant solutions shall be:

(1) A hospital-grade, tuberculocidal Environmental Protection Agency (EPA) registered disinfectant; or

(2) Sodium hypochlorite, 0.5 percent concentration, by volume (common household bleach is 10 percent concentration in water); the solution shall be dated and shall not be used if it is more than 24 hours old. [Ord. G-2013-19, passed 12-10-13.]

5.45.200 Infectious waste containment.

(A) Contaminated disposable needles or sharp instruments shall be stored in leak-resistant, puncture-resistant containers, tightly sealed to prevent expulsion, labeled with the biohazard symbol, and effectively treated in accordance with this rule, prior to being stored in an unsecured area and sent for final disposal.

(B) Infectious wastes other than contaminated sharps or objects that could potentially become contaminated sharps shall be placed in bags that meet the following requirements:

(1) Impervious to moisture;

(2) Sufficient strength and thickness to prevent expulsion;

(3) Secured to prevent leakage expulsion;

(4) Labeled with the biohazard symbol;

(5) Effectively treated in accordance with this rule prior to being placed in an unsecured area and sent for final disposal.

(C) If infectious waste is stored prior to final disposal, all persons subject to this rule shall store infectious waste in a secure area that:

(1) Is locked or otherwise secured to eliminate access by or exposure to the general public;

(2) Affords protection from adverse environmental conditions and vermin;

(3) Has a prominently displayed biohazard symbol.

(D) Infectious waste shall be stored in a manner that preserves the integrity of the container, and is not conductive to rapid microbial growth and putrefaction.

(E) Reusable containers must be disinfected against infectious waste, each time that they are emptied, unless the surfaces of the reusable containers have been protected from contamination by disposable liners, bags or other devices that are removed with the infectious waste. [Ord. G-2013-19, passed 12-10-13.]

5.45.210 Treatment and transportation of infectious waste.

(A) All tattoo/body-piercing operators shall ensure that infectious waste is either treated on site in accordance with this rule or transported off site for treatment in accordance with this rule.

(B) A treatment is effective if it reduces the pathogenic qualities of infectious waste for safe handling, is designed for the specific waste involved, and is carried out in a manner consistent with this rule. Effective treatment may include:

(1) Incineration in an incinerator designed to accommodate infectious waste;

(2) Steam sterilization;

(3) Chemical disinfecting under circumstances where safe handling of the waste is assured;

(4) Thermal inactivation;

(5) Irradiation; or

(6) Discharge in a sanitary sewer or septic system that is properly installed and operating in accordance with state and local laws.

(1) Transport infectious waste in a manner that reasonably protects waste hauler and the public from contracting a dangerous communicable disease; and

(2) Effectively treat infectious waste in accordance with this rule before it is compacted.

(D) The tattoo/body-piercing operator shall ensure that infectious waste, effectively treated or not, is transported off-site in compliance with 410 IAC 1-3. [Ord. G-2013-19, passed 12-10-13.]

5.45.220 Post tattoo/body-piercing infection prevention.

(A) Each tattoo/body-piercing business is to provide written instruction to its clients in methods to prevent infection, such as the use of bactericidal creams and ointments and soap, and appropriate barrier dressings where indicated.

(B) Each client should be instructed to seek immediate medical attention should there be any evidence of infection.

(C) A copy of these instructions shall also be posted in a conspicuous place in the establishment, and be clearly visible to patrons.

(D) Written instructions shall be given to each patron or customer on the care of the skin on the tattooed/body-piercing site to prevent infection after each tattooing/body-piercing. A copy of these instructions shall also be posted in a conspicuous place in the tattoo establishment, and be clearly visible to the person receiving tattoo/body-piercing. [Ord. G-2013-19, passed 12-10-13.]

5.45.230 Regulations governing the sanitation of mobile tattoo and body-piercing business.

In addition, to comply with all of the requirements of this code, mobile tattoo/body-piercing vehicles and operators working from the mobile tattoo and body-piercing establishment shall also comply with all of the following requirements:

(A) The tattoo and body-piercing business will need to be inspected before they can apply for permit to start working.

(B) Mobile tattoo and body-piercing businesses are permitted for use only at special events lasting 14 calendar days or less. Permits must be applied for at least 14 days prior to the event, and no tattoo or body-piercing procedures are to be performed prior to a permit being issued. Permit holders are responsible for ensuring that all other local agency regulations are complied with, such as, but not limited to, zoning and business license requirements.

(C) Tattoos and/or body-piercings performed pursuant to this section shall be done only from an enclosed vehicle such as a trailer or having an interior floor space of at least 100 square feet. No tattoos or body-piercing procedures shall be performed outside of the enclosed vehicle.

(D) The mobile tattoo/body-piercing business shall be maintained in a clean and sanitary condition at all times. Doors shall be self-closing and tight-fitting. Operable windows shall have tightfitting screens.

(E) Mobile tattoo/body-piercing businesses must have approved sterilization equipment available, in accordance with all requirements of EMC 5.45.170 on sterilization of equipment.

(F) The mobile tattoo and body-piercing business shall be used only for the purpose of performing tattoos or body-piercing procedures. No habitation or cooking is permitted inside the vehicle.

(G) The mobile tattoo and body-piercing business shall be equipped with an equipmentwashing sink and a separate hand-sink for the exclusive use of the operator, for hand washing and preparing the client for the tattoo or body-piercing procedures. The hand-sink shall be supplied with hot and cold running water under pressure to a mixing type faucet, and antimicrobial liquid soap and paper towels in dispensers. An adequate supply of potable water shall be maintained for the mobile tattoo and body-piercing business at all times during operation.

(H) All liquid wastes shall be stored in an adequate storage tank with capacity at least 50 percent greater than the capacity of the onboard potable water supply. Liquid wastes shall be disposed of at a site approved by the department.

(I) All tattoo/body-piercing operators working in a mobile tattoo/body-piercing business must comply with the operator requirements of this code.

(J) No animals, except service animals of clients shall be allowed in the mobile tattoo/bodypiercing business at any time.

(K) Mobile tattoo/body-piercing businesses must receive an initial inspection at a location specified by the department prior to use to ensure compliance with structural requirements. Additional inspections will be performed at every event where the mobile tattoo/body-piercing is scheduled to operate prior to permit issuance. [Ord. G-2013-19, passed 12-10-13.]

5.45.240 Temporary tattoo/body-piercing operations.

(A) General Requirements. General requirements are that the temporary tattoo/body-piercing operations are to comply with all aspects of the provisions relating to temporary certificates, health, cleanliness and personal hygiene of operators, practices and procedures for tattoo/body-piercing establishments and notifications, as specified in EMC 5.45.020 through 5.45.100 and 5.45.120 through 5.45.230.

(B) Site Requirements.

(1) Tattooing/body-piercing must be conducted within a building or structure, having an interior floor space of at least 100 square feet, which provides protection against the elements and dust, and is free of insects, rodents, other nuisances or pests. The tattooing/body-piercing area is to be separated by a partition from any retail sales or other such activity which may cause potential contamination of work surfaces.

(2) Adequate light and ventilation is to be provided at the work location.

(3) Facilities shall have easy access to adequate toilet facilities and a lavatory with hot and cold running water, as part of surrounding premises or adjacent to the facility.

(4) All needles or any other sharp objects which may have come into contact with blood or blood products are to be disinfected by immersion or autoclaved prior to placement in a sealed, rigid container for disposal by the tattoo artist/body-piercer. All other wastes are to be removed and properly disposed. [Ord. G-2013-19, passed 12-10-13.]

5.45.250 Tattoo/body-piercing operator requirements and professional standards.

The following information shall be kept on file on the premises of a tattoo/body-piercing establishment and available for inspection by the department:

(A) The names of all operators/technicians in the establishment and their exact duties, including the following information:

(1) Full names, date of birth, home address, home/work phone numbers, identification photos of all operators/technicians;

(2) Establishment name, hours of operation, owner’s name and address;

(3) A complete description of all body art procedures performed;

(4) An inventory of all instruments and body jewelry, all sharps, and all inks used for any and all body art procedures, including names of manufactures and serial or lot numbers, if available or applicable;

(5) A copy of these regulations.

(B) Permits shall be prominently displayed in the body art establishment and shall not be defaced or altered in any manner.

(C) It shall be unlawful for any person to perform tattoo or body-piercing procedures unless such procedures are performed in a tattoo/body-piercing establishment with a current permit.

(D) The operator must be a minimum of 18 years of age.

(E) Smoking, eating or drinking by anyone is prohibited in the area where tattoos and bodypiercings are performed.

(F) Operators shall refuse service to any person who, in the opinion of the operator, is intoxicated.

(G) The operator shall maintain a high degree of personal cleanliness, conform to hygienic practices and wear clean clothes when performing tattoo or body-piercing procedures. Before performing tattoos or body-piercings, the operator must thoroughly wash hands in hot running water with liquid antimicrobial soap, then rinse hands and dry with disposable paper towels. This shall be done as often as necessary to remove contaminants.

(H) In performing tattoos and body-piercing procedures, the operator shall wear disposable medical gloves. The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client.

(I) If, while performing a tattoo or body-piercing procedure, the operator’s glove is pierced, torn or otherwise contaminated, the procedures (in subsections (G) and (H) of this section) shall be repeated immediately. The contaminated gloves shall be immediately discarded and the hands washed thoroughly (see subsection (G) of this section) before fresh pair of gloves is applied. Any item or other instrument used for a tattoo or body-piercing which is contaminated during the procedure shall be discarded and replaced immediately with new ones before the procedure resumes.

(J) Contaminated waste, as defined in this code, which may release liquid blood or body fluids when compressed or may release dried blood or body fluids when handled must be placed in an approved “red” bag which is marked with the international biohazard symbol. It must then be disposed of by a waste hauler approved by the department. Sharps ready for disposal shall be disposed of in approved sharps containers. Contaminated waste which does not release liquid blood or body fluids when compressed or does not release dried blood or body fluids when handled may be placed in a covered receptacle and disposed of through normal, approved disposal methods. Storage of contaminated waste on site shall not exceed the period specified by the department or more than a maximum of 30 days.

(K) No person shall perform any tattoo or body-piercing procedure upon a person under the age of 18 years without the presence, consent and proper identification of a parent, legal custodial parent or legal guardian. Nothing in this section is intended to require an operator to perform any tattoo or body-piercing procedure on a person under 18 years of age with parental or guardian consent.

(L) Any skin or mucosa surface to receive a tattoo or body-piercing procedure shall be free of rash, infection or any other visible pathological condition.

(M) The skin of the operator shall be free of rash, infection or any other visible pathological condition. No person or operator affected with boils, infected wounds, open sores, abrasions, exudative lesions, acute respiratory infection, nausea, vomiting, diarrhea, or jaundice shall work in any area of a tattoo/body-piercing establishment in any capacity in which there is a likelihood of contaminating tattoo or body-piercing equipment, supplies or working surfaces with pathogenic organisms.

(N) Each tattoo artist and operator should be able to provide the following information, upon request of the department: that each tattoo artist and operator has either completed or been offered and declined, in writing, the hepatitis B vaccination series; that antibody testing has revealed that the employee is immune to hepatitis B; or that the vaccine is contraindicated for medical reasons. [Ord. G-2013-19, passed 12-10-13.]

5.45.260 Minimum standards for all establishments which offer a body-piercing service to the public.

The following are procedures and practices for body-piercing:

(A) Piercings of minors will be permitted only with a legal guardian present, and must comply with EMC 5.45.040. Both guardian and child must read, understand and sign the release form. Both parties must provide valid identification. Both parties must fully understand post piercing after-care suggestions.

(B) Piercing an obviously intoxicated person is prohibited.

(C) The use of properly configured, autoclave sterilization units on all reusable items is mandatory. Monthly efficacy testing, via a “spore test,” is mandatory. A sign, prominently posted, shall apprise the public of the existence of the results of this monthly test and invite them to review said results. “Dry” heat, glass bead or pressure cookers are not acceptable methods of sterilization.

(D) Signage requesting patrons to refrain from removing their own jewelry should be easily visible.

(E) Countertops, displays and doorknobs must be nonporous and frequently disinfected throughout the day and as needed. Disinfectant hand wipes such as SaniDex® should be readily available for patrons’ use.

(F) Operators must attend and pass a certified CPR and basic first aid class/training.

(G) Owners who have employees must implement OSHA Bloodborne Pathogens Standards.

(H) An understanding of and vigilant use of cross contamination prevention and infection control must be documented.

(I) Thorough hand washing, utilizing sufficient amounts of liquid anti-bacterial soap (pump dispenser or better) and running water must be performed immediately prior and immediately after each individual service. Single-use, disposable paper products are to be used. Enclosed “C” fold paper towels are preferred over standard exposed rolls.

(J) New, clean and fresh disposable medical gloves are to be worn for each new service. Gloves must be changed after each occurrence of contamination. Gloves should be stored in a very clean, closed container when not in use.

(K) All needles must come individually bagged and autoclave sterilized, used on one client and one client only and immediately disposed of in an OSHA-approved sharps container. Yearly removal of full (two-thirds), sealed labeled containers, by a medical waste disposal service, which follows Indiana infectious waste rule (410 IAC 1-3), must be documented. Reuse of piercing needles is strictly prohibited.

(L) After soaking in an enzymatic detergent such as Enzol® (or equivalent) for no less than 10 minutes, used reusable tools must be fully submerged in an ultrasonic cleaner for no less than 15 minutes, then air dried prior to autoclaving.

(M) All reusable, stainless steel instruments must be autoclaved in appropriate, dated, sealed bags with indicator strips fully visible. Bags left unopened, in a closed container, for longer than 30 days, must be re-autoclaved. Immediately after use, the tool is to be placed in a lidded, nonporous container to await detergent soak, ultrasonic cleaning, drying and bagging, prior to autoclaving. This container must be disinfected at least daily.

(N) A hospital-level, hard surface disinfectant such as MadaCide® (or equivalent) must be employed on all involved surfaces prior to every individual’s piercing session. All involved surfaces must be nonporous and in excellent repair. If spray dispensers are used, spray should be directed into a clean, disposable paper towel; then, the towel should be used to disinfect the surface. Impregnated towelettes, Sani-Cloth®, are preferred for this application.

(O) All supplies that come into contact with the piercing station should be in “single portion” form, including, but not limited to, anti-bacterial ointments, iodine swabs, alcohol wipes and the like. These packages must be wiped down with a hospital-level, hard surface disinfectant and air dried, prior to being stored in very clean, closed containers.

(P) Floors in the piercing area must be nonporous, of solid, durable construction and disinfected on a regular basis, and as needed. Carpeting is prohibited. All floors shall be an impervious, smooth, washable surface; have a minimum dimension of at least 45 square feet; and shall be maintained in a sanitary manner at all times. All walls shall be maintained in a sanitary manner.

(Q) All oral piercing shall be preceded by the client performing a one minute, vigorous application of an antiseptic mouthwash such as Listerine®.

(R) All other pre-piercing sitels must be thoroughly cleaned with an iodine-based product such as Betadine® (or equivalent) for one full minute. All traces of iodine must be removed before the client departs. On individuals with iodine sensitivity, benzethonium chloride (or equivalent) solution is an acceptable substitute.

(S) Corks and rubber bands must be autoclaved. Single-use packaging is preferred. Bulk sterilized supplies must be kept in a very clean, closed container, opened and touched with fresh gloves only.

(T) All insertable jewelry is to be sterilized (individually is preferred) and kept in a sterile, closed container. Sterilized jewelry is to be soaked in a hospital-level, hard surface disinfectant, for no less than 10 minutes prior to insertion. Jewelry must be thoroughly dried before insertion. Jewelry previously worn by anyone other than the piercee must be autoclave processed.

(U) All jewelry is to be made of high quality 14K solid gold, surgical grade stainless steel (316L series), niobium, titanium, platinum or inert plastics. No silver, gold-plated or gold-filled jewelry is to be inserted in fresh piercings. Reasonable requests for noncommercial reasons, to divulge the manufacturer of the jewelry for sale, should be met.

(V) Sterilized items, in unopened bags, must be left in the autoclave to dry. The door on the autoclave may be left slightly ajar to facilitate drying. Once dry, using clean and fresh gloves, bagged tools must be placed in a very clean, closed container.

(W) A separate, dedicated area must be provided for the preparation, cleaning and disinfection of tools and equipment.

(X) A service sink, with hot and cold running water, is to be separated from the above area. Wrist, elbow, infrared or foot operated fixtures must be installed. This sink is never to be used for food or drink preparation.

(Y) Disposable table paper should be provided and changed between clients.

(Z) Privacy screens or devices must be made available at the patron’s request.

(AA) Good ventilation must be available. The use of air “scrubbers” (HEPA filters) is encouraged.

(BB) All restrooms available to the public must be kept clean and disinfected regularly and as needed.

(CC) Written detailed post-piercing aftercare suggestions must be provided.

(DD) Piercers shall maintain a high degree of personal cleanliness and wear clean clothing. Piercers should refrain from piercing while under the influence of medications that may cause drowsiness. Piercers should use discretion when considering whether to work while ill. [Ord. G-2013-19, passed 12-10-13.]

5.45.270 Exemptions.

(A) Physicians licensed by the State of Indiana who utilize tattooing or body-piercing procedures as part of patient treatment are exempt from these regulations.

(B) Ear lobe piercings are exempt. [Ord. G-2013-19, passed 12-10-13.]

5.45.280 Requirements for insurance.

Before the City Controller shall issue a license under this chapter, the licensee shall file with the City Controller a certificate of insurance. The certificate of insurance shall certify that a policy of insurance has been issued to the operator and provides coverage to the operator and all tattoo artists and body piercers at the facility, for the period of the license, and is in full force and effect and that the premium has been paid thereon. The policy of insurance shall be in the sum of $500,000 conditioned for the payment of any judgments received against the operator, tattoo artist, or body piercer for the death or injury of persons caused by the operation of a tattoo parlor, body-piercing facility, tattoo artist or body piercer (professional liability coverage). [Ord. G-2013-19, passed 12-10-13.]

5.45.290 Permit requirements.

(A) Establishment Permit.

(1) No person, firm, partnership, joint venture, association, business trust, corporation or any organized group of persons may operate a body art establishment unless it has received a body art establishment permit from the department.

(2) Any person operating a body art establishment shall obtain a permit from the department, annually, with beginning/ending permit time frames and fees to be set by the department.

(3) The applicant shall pay a reasonable fee as set by the department for each body art establishment permit.

(4) A body art establishment permit shall not be transferable from one place or person to another.

(5) A current body art establishment permit shall be posted in a prominent and conspicuous area where it may be readily observed by clients.

(B) Operator Permit.

(1) No person shall practice body art procedures without first obtaining a permit from the department. The department shall set a reasonable fee for such permits.

(2) Application for operator permits shall include: name, date of birth, residence, mailing address, phone number, place(s) of employment as an operator, training and/or experience, proof of attendance at a bloodborne pathogen training program (or equivalent), given or approved by the department.

(3) Demonstration of knowledge of infectious disease control including waste disposal, and washing techniques, sterilizing equipment operation and methods, and sanitation/disinfection/sterilization methods and techniques; facility safety and sanitation knowledge of the above subjects may also be demonstrated through submission of documentation of attendance/completion of courses or successful completion of an examination approved or given by the department.

(4) No operator permit shall be issued unless, following reasonable investigation by the department, the body art operator has demonstrated compliance with the provisions of this section and all other provisions of this code.

(5) All operator permits shall be conditioned upon continued compliance with the provisions of this section, as well as all applicable provisions of this code.

(6) All operator permits shall be posted in a prominent and conspicuous area where they may be readily observed by clients.

(C) Temporary Establishment/Operator Permit. Temporary establishment and, when required, operator permits may be issued for body art services provided outside of the physical site of a certified facility for the purposes of product demonstration, industry trade shows, or for educational reasons.

(1) Temporary operator and/or establishment permits will not be issued unless:

(a) The applicant furnishes proof of compliance with subsection (B) of this section, relating to operator’s permits; and

(b) The applicant is currently affiliated with a fixed location or permanent facility which, where applicable, is permitted by the appropriate state and/or local jurisdiction; and

(2) In lieu of attendance at a bloodborne pathogens training program given by the department the current code calls for annual training, the applicant may furnish proof of attendance at equivalent training which is acceptable to the department.

(3) Temporary permits expire after 14 days or the conclusion of the special event, whichever is less.

(4) Temporary operator and/or establishment license will not be issued unless the applicant has paid a reasonable fee as set by the department.

(5) The temporary establishment/operator license(s) shall not be transferable from one place or person to another.

(6) The temporary establishment/operator licenses shall be posted in a prominent and conspicuous area where they may be readily observed by patrons. [Ord. G-2013-19, passed 12-10-13.]

5.45.300 Permits.

(A) Business. Each tattoo/body-piercing parlor operation shall obtain a permit from the County Health Department. The permit shall provide the name and address of the owner of the business and name and address of each and every tattoo/body-piercing artist located at each site. The cost for this permit shall be $300.00 as determined by the County Board of Health and shall not be transferable. In addition, each tattoo/body-piercing artist, excluding the business owner/artist, will be required to pay a fee of $100.00 annually. The permit expires on December 31st of each year. Any holder of a permit shall be subject to inspection as set forth herein. The County Health Department shall provide the appropriate forms for this permit. The permit shall be posted at the tattoo/bodypiercing parlor in the place where the tattoos and/or body-piercing are performed and clearly visible to the public.

(B) Temporary or Mobile Business. Each temporary or mobile tattoo/body-piercing parlor shall also obtain a permit from the County Health Department. The permit shall provide the name and address of the owner of the business and the name and address of each and every tattoo/bodypiercing artist located at each business. The permit cost shall be $100.00 as determined by the County Board of Health and shall not be transferable. The permit expires on the last day of any one event that the permit is purchased for, not to exceed five days for any one event. Any holder of a permit shall be subject to inspection as set forth herein. The County Health Department shall provide the appropriate forms for this permit. The permit shall be posted at the tattoo/body-piercing business in the place where the tattoos and/or body-piercings are performed, and clearly visible to the public.

(C) Owner/Operator. In the event that a tattoo/body-piercing parlor is a sole proprietorship and the owner shall also perform tattooing or body-piercing for the business, the owner shall only be required to obtain a business permit as described in this section.

(D) Pro Ratio of Fees. In the event that a business shall apply for a permit any time prior to July 1st of any year, they shall be responsible for the total annual fee as described in this section. In the event that a business shall apply for a permit any time after July 1st, they shall be required to pay one half of the annual fee. All permits shall expire on December 31st of the year in which they were issued.

(E) Both establishment and operator permits shall be displayed in view of the patrons.

(F) Nontransferable. No permit issued to a tattoo/body-piercing establishment is transferable. [Ord. G-2013-19, passed 12-10-13.]

5.45.310 Revocation of licenses.

(A) Failure to Obtain Required License. No person shall do body-piercing or tattooing without obtaining a license therefor as required by this chapter. No person shall perform tattooing or body-piercing without obtaining and maintaining the licenses required by this chapter. Any person who performs tattooing or body-piercing without a license as required by this chapter shall be subject to a fine of $200.00 per violation.

(B) Failure to Comply with Other Provisions of This Chapter. Failure to comply with any provision of this chapter shall constitute a violation of this chapter. The fine for violating any other provision of this chapter, except failure to obtain or maintain a license which is provided in subsection (A) of this section, shall be $100.00 per violation, unless violation causes harm to any person, in which event the fine shall be not less than $1,000 and not more than $2,500 depending on the severity of the harm to the individual.

(D) Each event or each day a violation exists shall constitute a separate violation of this chapter.

(E) Revocation of License. The Health Officer may suspend or revoke the license of any tattoo/body-piercing business for any period of time for any violation of this chapter or State or Federal regulations concerning bloodborne pathogens, tattoos, body-piercing or workplace regulations (OSHA). The suspension and/or revocation shall be effective upon issuance by the Health Officer. The establishment may have the license reinstated upon compliance with this chapter, State, or Federal regulations concerning bloodborne pathogens, tattoos, body-piercing or workplace regulations (OSHA) and to the satisfaction of the Health Officer. Appeals of orders of revocation shall be conducted pursuant to IC 4-21.5-3-1 et seq. The Board of Health shall conduct administrative hearings concerning the suspension or revocation of any permit issued herein as set forth in IC 4-21.5-3 et seq. [Ord. G-2013-19, passed 12-10-13.]

5.45.320 Inspections.

(A) The County Health Department shall conduct inspections of each and every tattoo/bodypiercing parlor located in Evansville, Indiana. The Health Department shall conduct a minimum of one inspection per year. Additional inspections may be conducted by the Health Department as they determine and/or in response to complaints submitted. The results of the inspections shall be provided to each operator. Violations noted by the Health Department shall be corrected immediately. The department shall conduct follow-up inspections to determine compliance with this chapter.

(B) The County Health Officer may bring an action in the Circuit or Superior Court to enforce this chapter. The Health Officer shall be entitled to recover all costs and expenses associated with any action for enforcement of this chapter including reasonable attorney fees. [Ord. G-2013-19, passed 12-10-13.]

5.45.330 Penalty.

If an operator of a tattoo/body-piercing establishment shall fail to obtain a business permit prior to conducting their business, or at any time after one has been issued but has expired, the establishment may be subject to a fine of not more than $200.00. Each day the establishment shall be in violation of this chapter shall constitute a separate offense.

Unless violation caused harm to any person in which event the fine shall not be no less than $1,000 and no more than $2,500 depending on the severity of the harm. [Ord. G-2013-19, passed 12-10-13.]