§ 23-53.1. Body piercing.
(a)
For the purposes of this section, the following words and phrases shall be construed as follows:
(1)
Body piercing: The act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature. "Body piercing" does not include the use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.
(2)
Body piercer: Any person who actually performs the work of body piercing.
(3)
Body piercing establishment: Any place in which a fee is charged for the act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature. "Body piercing" does not include the use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.
(4)
Body piercing operator: Any person who controls, operates, conducts or manages any body piercing establishment, whether actually performing the work of body piercing or not.
(b)
No person shall control, operate, conduct or manage any body piercing establishment or shall perform body piercing on any person without complying with the requirements of this section.
(c)
No person shall control, operate, conduct or manage any body piercing establishment, whether actually performing the work of body piercing or not, without first obtaining a permit from the department of public health. Such an application shall be made on an application form provided by the city manager or his designee.
(d)
The permit fee shall be one thousand two hundred dollars ($1,200.00) for a one-year licensing period from January 1 to December 31. All permits issued during the course of a calendar year shall expire on December 31 of that year, regardless of the date issued. For any person required to obtain a permit under the provisions of this section after the first day of January, the permit fee shall be prorated as follows: between January 1 and on or before March 31, the full permit fee shall be paid; between April 1 and on or before June 30, three-fourths of the permit fee shall be paid; between July 1 and on or before September 30, one-half of the permit fee shall be paid; and after September 30 of the licensing year, one-fourth of the permit fee shall be paid.
(e)
Every body piercer shall submit proof annually to the department of public health that he or she has received a tuberculosis assessment or PPD skin test and shall submit proof of a completed hepatitis B series by a competent medical authority approved by the director of public health.
(f)
Every body piercer and body piercing operator shall at all times comply with the following requirements:
(1)
All body piercing related procedures shall be carried out in a clean, safe and sanitary manner as approved by the department of public health so as to minimize the potential of disease transmission. All body piercers shall complete annual blood borne pathogen training approved by the department of public health.
(2)
All areas of the body piercing establishments shall be constructed and maintained in a clean, safe and sanitary manner in compliance with all applicable statutes, laws, regulations, codes and ordinances of the city and the Commonwealth of Virginia.
(3)
All walls, ceilings and floors shall be smooth and easily cleaned. The floors shall not be carpeted, and neither rugs nor fabrics of any kind shall be placed on the floors. Walls and ceilings shall be painted a light color. Walls, ceilings and floors shall be kept clean and free from dust and debris. The floors shall be swept and mopped daily. The walls, ceilings or floors shall not be swept or cleaned while body piercing services are occurring.
(4)
Adequate light and ventilation shall be provided.
(5)
Adequate toilet and hand-washing facilities shall be available in the body piercing establishment separate and isolated from the business area in which body piercing is performed, for the use of customers and personnel of the body piercing establishment. Toilets and washing facilities shall be maintained in a sanitary condition at all times. Smoking, eating or drinking is prohibited in the area in which body piercing is performed.
(6)
All areas of the body piercing establishment shall be accessible for inspection by the department of public health and its authorized representatives. The department of public health is hereby authorized to conduct unannounced inspections of body piercing establishments.
(7)
All cleaned, non-disposable instruments used in connection with the preparation for or process of body piercing shall be sterilized before each use in a steam autoclave or dry-heat sterilizer approved by the department of public health . Such sterilization shall be performed in accordance with the manufacturer's instructions, a copy of which shall be submitted, with contact information, as part of the permit application. The body piercing operator shall be responsible for maintaining a log which indicates that the autoclave has been checked during each cycle and has been sterilized in accordance with the manufacturer's instructions. All cleaned and ready-to-use needles and instruments shall be stored in a protective manner to prevent subsequent contamination. Sterile equipment shall not be used after the expiration date or if the package has been breached. If disposable instruments are used, those instruments shall be disposed of in accordance with applicable laws. The skin surface to be pierced as well as the jewelry to be used shall be cleaned and sanitized using processes and materials approved by the department of public health. All hazardous waste, body fluids, and medical waste of any kind shall be disposed of in accordance with the Virginia Department of Environmental Quality's Regulated Medical Waste Regulations, 9 VAC 20-120-10 et seq., as may be amended from time to time.
(8)
Records for each patron shall be maintained by the body piercing operator. These records shall be maintained for a minimum period of four (4) years except if the patron is under eighteen (18) years of age, in which event these records shall be maintained for a minimum of four (4) years from the eighteenth birthday of said patron and shall include the following information:
(i)
Name, address, sex and age of the person body pierced;
(ii)
Date of body piercing;
(iii)
Physical location and description of body piercing;
(iv)
Name, address and telephone number of the person performing the body piercing; and
(v)
Parent or legal guardian written consent form for minors.
At such time when a body piercing establishment ceases doing business or is removed from the city or changes its name or has a change in management or ownership, copies of all such records shall be provided to the department of public health.
(9)
More than one (1) set of sterilized needles, tubes and tips or alternate approved sterilization method shall be kept on the premises at all times.
(10)
No person, customer or patron having any visible skin infection or other disease of the skin or any communicable disease shall have body piercing performed, and no person having any skin infection or disease of the skin shall perform body piercing. All infections resulting from the practice of body piercing which become known to the body piercing operator shall promptly be reported to the department of public health by the body piercing operator, and the infected client shall be referred to a physician.
(11)
It shall be unlawful to perform body piercing on any person under the age of eighteen (18) years without written consent of his/her parent or guardian, and such written consent shall be kept on file for at least four (4) years at the body piercing establishment from the eighteenth birthday of the minor. Where there is doubt about such an age, written proof of age shall be obtained before the body piercing is done. Written proof of age shall be photocopied and kept by the body piercing operator. All customers under eighteen (18) years of age shall be accompanied by a parent or legal guardian. Both customer and parent or guardian must sign a consent form and a driver's license or other appropriate form of identification of both the customer and the parent or guardian shall be photocopied and attached to the consent form.
(12)
Body piercers and body piercing operators shall refuse service to any person whom the body piercer or body piercing operator knows, or has reason to believe, is intoxicated.
(13)
No person shall state or imply in any advertisement or publication, written or oral and prepared or uttered for the purpose of soliciting business, that the body piercing establishment is endorsed, regulated or approved by the city or by any of its departments or is conducted in compliance with the terms of this section.
(14)
Immediately after body piercing a patron, the body piercer shall advise that patron of the care of the body pierced area and shall instruct the patron to consult a physician at the first sign of infection.
(15)
The body piercer shall wash his or her hands between customers and between piercing different parts of the body on the same person. The body piercer shall wear protective, disposable latex or vinyl gloves while performing body piercing, and shall wear a new pair of gloves for each client and when piercing different parts of the same client.
(16)
The name, address and telephone number of the body piercing establishment shall be on the heading of all waivers, care sheets, consent and other forms utilized by the body piercing establishment.
(17)
The body piercing operator shall file with the department of public health annually with the license application and any renewal thereof a list of the following information for each employee: Name, permit number, home address, home phone number, and position or job title. With respect to body piercers, the body piercing operator shall also submit proof annually of vaccination and testing as required in subsection (e). The body piercing operator shall amend the list accordingly and submit it to the department of public health immediately upon the addition of an employee or termination of an employee.
(18)
No body piercer shall body pierce the genitals, pubic area, or buttocks of any member of the opposite sex, nor shall any male body piercer pierce any portion of the breast of any female below the aureole.
(g)
No person shall perform body piercing on any client unless he or she complies with the Centers for Disease Control and Prevention's guidelines for "Universal Blood and Body Fluid Precautions" and provides the client with the following disclosure:
(1)
Body piercing is an invasive procedure in which the skin is penetrated by a foreign object.
(2)
If proper sterilization and antiseptic procedures are not followed by body piercers, there is a risk of transmission of bloodborne pathogens and other infections, including, but not limited to, human immunodeficiency viruses and hepatitis B or C viruses.
(3)
Body piercing may cause allergic reactions in persons sensitive to the metals used in ornamentation.
(4)
Body piercing may involve discomfort or pain for which appropriate anesthesia cannot be legally made available by the person performing the body piercing unless such person holds the appropriate license from a Virginia Health Regulatory Board.
(h)
Any person who violates any provision of this section shall be guilty of a Class 2 misdemeanor. Any second or subsequent violation of this section shall be punished as a Class 1 misdemeanor.
(i)
This section shall not apply to medical doctors, veterinarians, registered nurses or any other medical services personnel, licensed pursuant to Title 54.1 of the Code of Virginia, in performance of their professional duties.
(Ord. No. 2596, 6-27-00; Ord. No. 2626, 4-24-01; Ord. No. 2644, 6-5-01; Ord. No. 2710, 7-2-02)
(Ord. No. 2596, 6-27-00; Ord. No. 2626, 4-24-01; Ord. No. 2644, 6-5-01; Ord. No. 2710, 7-2-02)