2000-O-11
v
..",
ORDINANCE NO. 2000-0-11
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA; TO AMEND CHAPTER 11
(OCCUPATIONAL LICENSES, TAXES, ETC.), ARTICLE II
(MISCELLANEOUS TAXES AND REGULATIONS),
SECTION 11-34 (RESERVED) BY ENACTING THE BODY
ART CODE OF THE CODE OF ORDINANCES, CITY OF
EDGEW ATER, FLORIDA; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Pursuant to Section 2(b), Article VIII, Florida Constitution, and Part I, Chapter 166,
Florida Statutes, the City of Edgewater is authorized to exercise any power for
municipal purposes, except when expressly prohibited by law; and
2. Body piercing, branding, permanent cosmetics, scarification and tattooing are
invasive practices which may increase the risk of increasing Hepatitis B, Hepatitis
C and Acquired Immune Deficiency Syndrom (AIDS), which are all serious and
potentially fatal diseases; and
3. Increased interest has become evident within the Southeast V olusia area in piercing
body parts, tattooing, and other aforementioned practices; and
4. These practices are currently unpermitted and unregulated by the City, which could
result in efforts to conduct them within the city limits; and
5. The City Council desires to protect the health, safety and welfare of the public from
StI tick tlllOtlg,ll passages are deleted.
Underlined passages are added.
2000-0-11
1
~..
...",
the occurrence or transmission of diseases through such practices by means of
adoption and implementation of this ordinance;
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
AMEND CHAPTER 11 (OCCUPATIONAL LICENSES, TAXES,
ETC.), ARTICLE II (MISCELLANEOUS TAXES AND
REGULATIONS), BY MODIFYING SECTION 11-34 FROM
"RESERVED" TO ENACTING THE "BODY ART CODE" OF THE
CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA, IN
ITS ENTIRETY.
Chapter 11 (Occupational Licenses, Taxes, Etc.), Article II (Miscellaneous Taxes and
Regulations), Section 11-34 is amended to read as follows:
Sec. 11-34. Re~el ~ ed
Body Art Code.
The City of Edge water hereby adopts the V olusia County Health Department Body Art Code,
dated November 1998 (hereinafter referred to as the "Body Art Code") excluding Section 13
(Temporary and Mobile Vehicle Permit), Section 14 (Temporary and Mobile Vehicle Permit
Applications), Section 15 (Temporary Bodv Art Establishments) and Section 16 (Mobile Body Art
Vehicles), which is attached hereto and incorporated herein as Exhibit "A". A copy of said Body
Art Code is on file in the office of the City Clerk. The requirements of the Body Art Code shall
apply in addition to any other requirements of state and local law, including the requirements of the
City Code of Ordinances and the Land Development Regulations of the Citv. By will of illustration
and not limitation, this ordinance shall be deemed to not have any effect on the requirement to obtain
otherwise applicable site development plans or occupational licenses.
Sec. 11-34.1. Definitions.
The following, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Hearing Ofjicer means the City Manager or his/her designee.
Permit Ofjicer means a governmental agency designated bv agreement with the City, or ifno such
agreement exists, a person designated by the Citv Manager who is responsible for administering and
enforcing the provisions of the Body Art Code, except where otherwise provided in this chapter.
St! tick t1.I OtIgh passages are deleted.
Underlined passages are added.
2000-0-11
2
Person means a natural person or other legal entity required by the Body Art Code to obtain any of
the permits described therein.
Sec. 11-34.2. Permit application, issuance and denial.
Permits and permit renewals shall be applied for as provided in the Body Art Code The
denial of a permit application by the permitting officer may be annealed as provided in section 1I-
34 4 of this chanter. If no appeal is taken from a decision to deny a permit application, the denai]
shall be deemed final and conclusive without need for further action.
See. 11-34.3. Provisional orders.
The permitting officer shall have authority to issue a provisional order suspending or
revoking apermit under the conditions set forth in section 19.2 or 19.3 of the Body Art Code.
M The provisional order shall be in writing and shall apprise the person to whom it applies of
the specific violations with which he/she is charged.
(2) The provisional order shall include a compliance date, which shall give a reasonable time to
correct the violation. The compliance date shall in no event be fewer than five (5) days after
the date of the provisional order. The provisional order shall advise that if the violation is
not corrected by the compliance date and appeal is not taken as provided for in this
ordinance, the provisional order shall automatically become a final order.
(3) If the person to whom a provisional order is issued fails to file a timely appeal and fails to
comply with the terms of the provisional order by the compliance date, the provisional order
shall become final and conclusive without need for further action.
(4) Anneals of provisional orders may be made as provided in section 11-34.4 of this chapter.
Sec. 11-34.4. Appeals and hearings.
(� Right to Appeal. Any person whose application for permit has been denied shall have the
ri hg t to appeal to the Hearing Officer within ten (10) days from the date that the oennit
application is denied. Any person upon whom a provisional order has been served shall have
the right to appeal the provisional order to the Hearing Officer within five (5) days from the
date of service of the provisional order. The appeal shall be in writing and shall be deemed
filed when delivered to the office of the City Manager.
(a) Contents ofAApneal. The appeal shall set out a copy of the decision or order appealed
from and shall include a statement of the facts relied upon to avoid such order.
fbb) Notification oJPermit Officer. At the time of filing any appeal, a copy of such appeal
shall be filed by the appellant with the permit officer.
Shuck thiongh passages are deleted.
Underlined passages are added.
2000-0-11
(2) Hearin The Hearing Officer shall establish a date, time and place for hearing the anneal
and shall serve a written notice on the appellant informing him/her of the hearing. The
Hearing Officer shall also give written notice to the Permit Officer, and such Officer shall
be entitled to appear and defend the provisional order.
(3) Decision on Appeal.
(a) The Hearing Officer shall have authority to uphold the provisional order, to extend
the time for compliance with the provisional order, to Brant a new hearing date or to
change, modify or rescind any provisional order.
(b) The Hearing Officer's findings shall be final and conclusive and shall be served on
the appellant as required herein.
Sec. 11-34.5. Notice.
Notices required by this ordinance shall be effective ifDersonally delivered to the Derson for
whom the notice is Oven, or that person's agent or employee. In the absence of the person to whom
a orovisional order is issued, and that verson's agent or employee, notices shall be deemed effective
when affixed to some structure on the premises. For notices related to permit applications, notice
shall also be deemed effective if sent by certified mail, return receipt requested, addressed to the
person identified in the application for permit, so long as the address used is the address provided
in the permit or renewal application. as apnronriate.
Sec. 11-34.6. Penalties.
Any person convicted of violating of provision of this ordinance shall be punished as
provided in section 1-8 of the City of Edgewater Code of Ordinances
PART B. CODIFICATION.
Provision of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
Set elc through passages are deleted.
Underlined passages are added.
2000-O-11
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
we hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion by Councilman V incenzi and Second by Councilman Brown, the vote on the
first reading of this ordinance held on May 8, 2000, was as follows:
Mayor Donald A. Schmidt AYE
Councilman James P. Brown AYE
Councilman Dennis A. Vincenzi AYE
Councilwoman Harriet E. Rhodes AYE
Councilwoman Judy Lichter AYE
Strack-th oagh passages are deleted.
Underlined passages are added.
2000-0-11 5
0
After Motion byC «-,:af 1'4,,.,_ _ and Second by Q Ql 1
the vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Cull
Councilman James P. Brown
Councilman Dennis A. Vincenzi
4-11
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 22' day of May, 2000.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: ��o
Donald A. Schmidt
Mayor
Snack thnoagh passages are deleted.
Underlined passages are added.
2000-0-11
.
, . t. ;
.....
..",
VOLUS~ COUNTY HEALTH DEPARTMENT
BODY ART CODE
Developed in cooperation with the
National Environmental Health Association
'\. ')1 H e q./.
~~ f~
(,.;0 -0
~
C': "':i
.- ~
~ ~
~ ....
~ 1:::
o -
""7 ~~
"'"
Your
Guide to
Better Health
November 1998
. ,
"'-"
...,.,
TABLE OF CONTENTS
SECTION l. DEFINTTrONS............................................. 1
SECTION 2. PER.1'YITr.REQUmEn . ......... . . .. . . .. ..... ........... ..... 3
SECTION 3. BODY ART TECHNICIAN PERMIT REQUIREMENTS. . . . . . . . . 4
SECTION 4. BODY ART ESTABLISffi\1ENT PERM:rr REQUIREI'rIEl'.'1S .... 5
SECTION 5. BODY ART ESTABLISILyIENT PREMISES STANDARDS. ..... 5
SECTION 6. PROHIBITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SECTION 7. BODY ART NOTICE A..1"ffi REPORTING REQUIREMENTS. . . . . 7
SECTION 8. CLIENT l\1EDICAL mSTORY . . . . . . . . . . , , , . , . , . . . . . . . , . . . . ., 8
SECTION 9. PERFORMANCE OF BODY ART PROCEDURES. . . . . . . . . . . . . . 8
SECTION 10. RECORDS..............,.....,...,...................... 9
SECI10N II, EQUlPMENT, INSTRIDrIENTS, AND SUPPliES; SANnA nON
AND STERILIZATION PROCEDURES. . . . . . , . . . . . . . . . . . .. . . 9
SECTION 12. STORAGE AND DISPOSAL OF WASTE. . . . . . . . . . . . . . . . . . . . . 11
SECTIO~ 13. TE~rrOR.\RY A...~"D ~IODILE "lEllICLE PEIDfITS . . . . . . . . . . . 12
SECTIO~"14. TE..'ll'OIl..\RY M(D ~IOBIL.E '/EIDCLE PEIL'I\ITT
ArPLICA nONS, . . . , .', . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SECTIO~ 15. TE~rron.\RY DOD'\" ART ESTADLISIIM:r.r;TS........ . . .... 1.
6ECTIO::-l Ie. l\10DILE DODY ART ~lr:mCLES . . . . . . . . . . . . . . . . . . . . . . . . . . . 1~
SECTION 17. rnSPEcrIONS . . '" . . . .. . .. . . . . .. . . .. .. . . . .. . .. .. . . .. .. .. 14
SECTION 18. DE.PARTM:L~T PERSOZ';""NEL COI\-IPETANCY REQUIREMENTS 14
SECTION 19. ENFORCLYfENT......................................... 15
SECTION 20. FEES.................................................... 15
SECTION 21. fNTERPRETA TIO~ AJ'I.1) SEVERABILITY. . .. .. ....... . .... 15
.,.
.. .
'W'
wi
VOLUSIA COUNTY HEALTH DEPARTl\fENT
'BODY ART CODE
PART I: GENER~L PROVlSTONS
SECTIO~ 1. DE~'1TIONS. The follO'.lting terms used in this code shall be defined as follows:
1.1. .J....NTISEPTIC means an agent that destroys disease-causing microorganisms on human
skin or mucosa
1.2. BIOI\rEDlCAL WASTE means any solid or liquid waste which may present a threat of
infection to humans. including nonliquid tissue. body part~ bloo.d. blood products, and
body fluids from humans and other primates; laboratory and veterinary wastes which
contain human disease-causing agents; ana discarded sharps. The fonowing are also
included: (a) Used. absorbent materials saturated with blood, blood products, body fluids
or excretions or secretions contaminated with visible blood and absorbent materials
saturated with blood or blood products that have dried; and (b) Non-absorbent, disposable
devices that have been contaminated with blood., but have not been treated by an approved
method.
1.3. BODY ART or BODY ART PROCEDURE means the practice of applying physical
body adornment to an individual using such invasive methods as body piercing, tattooin&
cosmetic tattooing, branding, scarification, or similar procedures. This term does not
include ear piercing or any procedure performed. by a physician licensed pursuant to
Chapters 458, 459. or 466. Flon"da Statutes.
1.4. BODY ART ESTABLISHMENT means any temporary or permanent place or premises ..
where body art procedures are performed.
1.5. BODY PIERCING means puncturing or penetrating the skin of an individual using a pre-
sterilized single use needle, and inserting pre-sterilized jewelry or other adornment into th.e
opening., excluding ear piercing as defined herein.
1.6. DEPARTht:ENT .means the'Volusia County Health Department.
1.7. DrSINFEcno~ means the destruction of disease-causing microorganisms on ina.nirn.ate
objects or surfaces, thereby rendering these objects safe for use or handling.
1.8. EAR PIERC'I1'IG means puncturing the outer perimeter or lobe of the ear using a pre-
sterilized single use stud and clasp ear-piercing system foll9v,wg manufacturers
instructions .
>>
.'
"'-'
...""
1.9. EQUIPMENT means all machinery, including fixtures, containers, vessels. tools, devices,
implements, furniture, display and storage areas, sinks and all other apparatus and
appurtenances used in connection with the operation of a body art establishment.
1.10. HA..."'i'DSINK means a lavatory equipped with hot and cold running water under pressure
used solely for washing hands, arms or other portioos of the body.
1.11 HOT \V A TER means \'ltater \vmch attains and maintains a temperature of at least 1000 F.
1.12. L'iSTRUI\fENTS USED FOR BODY ART means hand pieces, needles, needle bars,
and other instruments that can come into contact with a cUent's body or may be exposed
to bodily fluids during body art procedures.
1.13. mv ASIVE means entry into the body either by incision or insertipn of an instrument into
or through the skin or nmcosa, or by any other means intended to puncture, break, or
compromise the skin or mucosa.
. 1.14. JEWELRY means any persoaal ornament inserted into a newly pierced area. which has
been properly sterilized prior to use.
1.15. LIQ UID CHEMICAL GERMICIDE means a disinfectant or sanitizer registered with
the Environmental Protection Agency, or an approximate 1: 100 dilution of household
chlorine bleach made fresh daily and dispensed from a spray bottle (500 ppm.; 1/4 cup/gal
or 2 tablespoons/quart of tap water).
1.16. PERi"fiT means written approval by the Department to operate a body art establishment
or to perform body art procedures. Permits are issued in accordance Viith these
regulations and are separate aad distinct from any other licensing or permit requirements
of the local government.
1.17. PERSON means an individ\U1, any form of business or social orgi\ni7Mio~ or any other
nongovernmental legal entity including but not limited to a corporation, partnership)
limited liability company, association., trust, or unincorporated organization.
1.18. PHYSICIAN means a person licensed by the state to practice medicine.
1.19. PROCEDURE SURFACE means the skin area adjacent to and including the area where
a body'art proc~ure is applied, any surface of an inanimate object that contacts the
client's unclothed body during a body art procedure., or any associated work area which
may require sanitizing.
1.20. SANITIZE or SANTIlZA nON PROCEDURE means a process of reducing the
numbers of microorganisms on cleaned surfaces and equipment to a safe level in
accordance with public health standards by a method approved by the Department.
2
.
~
.."",
1.21. SHARPS means objects, capable of puncturing, lacerating, or otherv.ise penetrating the
skin.
1.22. SHARPS CONTAINER means a rigid., leak and puncture resistant container, designed
primarily for the containment of sharps, clearly labeled with the phrase and international
biological hazard symbol.
1.23. SDiGLE USE products or items are those intended by the manufacturer for onetime, one-
person use and disposal after use. [terns include but are not limited to cotton swabs or
balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings,
razors, piercing needles, scalpel blades, stencils, ink. cups, and protective gloves.
1.24. STERD...IZA nON means a very powerful process resulting inthe destruction of all forms
of microbial life, including highly resistant bacterial spores.
1.25 . TATTOOING means any method of placing ink or other pigment into or under the skin
or mucosa by the aid of needles or any other instruments used to puncture tbe skin which
results in permanent coloration of the skin or mucosa, including all forms of cosmetic
tattooing.
126. TECHNICIAN or BODY ART TECHNICIAN means a person who performs body art
procedures.
1.27. UNIVERSAL PRECAUTIONS means a set of guidelines and controls, published by the
Center for Disease Control CCDe) as "guidelines for prevention of transmission of human
irrununodeficiency virus and hepatitis B virus to health-care and public-safety workers" in
Morbidity and Mortality Weekly Report ~), June 23, 1989, Vol. 38, No. S-6, and
as "recommendations for preventing t:ransmission of human iI;nmunodeficiency virus and
hepatitis B virus to patients during exposure-prone invasive procedures," in MNl:WR. July
12, 1991. VoL 40, No. RR-8. This method of infection control requires the employer and
the employee to assume that all human blood and specified human body fluids are
infectious for mv, HBV, and other blood pathogens. Precautions include hand washing,
gloving, personal protective equipment. injury prevention, and proper lumdling andedisposal of needles., otber sharp instruments, and blood and body fluid contamiD.ated
products.
SECTIO~ 2. PERMIT REQUIRED
2.1. It sball be unlawful for any person to perform body art procedures without first obtaining
a body art technician permit as provided herein.
2.2. It shall be unlawful for any person to operate a body art establishment without first
obtaining a body art establishment permit as provided herein. A body art establishment
penni t shall not be tra.n.sferabte.
3
.
~
..."
2.3. It shall be unlawful for any person to perform body art procedures except within a body
art estabUslunent, temporary body art esta.bUslunent, or mobile body art vehicle for which
a current valid permit has been issued by the Department.
2.4. It shall be unlawful for any person operating a body art establishment to permit body.art
procedures to be performed by anyone who does not have a current valid body art
technician permit issued by the Department.
2.5. Body art establishment and technician permits must be renewed annually.
2.6. Permittees shall maintain compliance with all requirements of this code. Permittees shall
notify the Department within 10 days of any change ofinformarion provided in accordance
with sections 3.1, 4.1 and 4.2 oftbis Code.
SECTION 3. BODY ART TECHNICIAN PERMIT REQUIREl\1ENTS
3.1. Every applicant for a body art technician permit shall submit an application to the
Department providing: (1) Name; (2) Date of Birth; (3) Gender; (4) Residence Address;
(5) Mailing Address; (6) HomeJwo~k phone numbers; (7) Photograph; (8) Place(s) of
employment as a technician; and (9) Training and experience in body a...."'t procedures.
3.2. Applicants must be a minimum of eighteen years of age.
3.3. Applicants must demonstrate knowledge of
(a) anatomy;
(b) skin diseases, disorders, and conditions., including diabetes~
(c) infectious disease control, including waste disposal and hand washing techniques;
Cd) sanitization., disinfection., sterilization methods, and operation ofequipmem; and
(e) knowledge and practice of"Universal Precautions," or later editions., as published by
the Centers for Disease Control.
3.4. All applicants must furnish to the Department proof of completion of the Hepatitis B
vaccination series or written documentation that the applicant declined the series prior to
the issuance of a body art technician permit. .
3.5. Applica.ots must demonstrate proof of satisfactory completion within the past 3 years of.
(a.) American Red Cross course. on Preventing Disease Transmission
(b) OSHA course on Bloodbome Pathogen Training.
Equivalent training provided by professional bO<iy art organizations or equipment
manufacturers shall be accepted as sufficient to meet this requirement.
3.6. upon determination that the applicant mccts the winimlllU requirements set: forth herein.,
the Department shall issue a body art technician permit to the applicam.
4
"-"
.."
SECTION 4. BODY ART ESTABLISHMENT PERMIT REQUIREMENTS
4.1. Every applicant for a body art establisrunent permit shall submit an application to the
Department providing: (1) Owner name (if partnership or corporation, include names and
resident addresses of all partners) officers, directors and the name of its resident agent for
purpose of service)~ (2) Establishment name; (3) Street address; (4) Mailing addr.ess; (5)
Proposed hours of operation; (6) Names of all body art technicians and their exact duties;
(7) Description of all body an procedures to be performed or not performed; (8) An
inventory of all body art equipment to be utilized including names of manufa.cturers~ (9)
Names and addresses of suppliers of body art equipment and supplies u~ and (10)
Name) local address, and local residence telephone number of the individual who shall be
resportS1"ble for operation of the body art establishment.
4.2. A scale drawing and floor plan of the establishment shall be submitted with the
application. and proof of meeting the minimum requirementS established herein.
4.3. Upon determination that the minimllm requirements for a body art estabti.shment set forth
in this code have been m~ the Department shall issue a body art establishment permit to
the applicant.
SECTION s. BODY ART ESTABUSHM:ENT PREMISES STANDARDS
5.1. The body art establislunent permit shall be posted within the establishment in a prominent
and conspicuous area where it may be readily observed by clients.
5.2. The establishment shall be well-ventilated. and shall have an artificial light source
equivalent to at least 20 foot candles at 3 feet above floor level, and at least 100 foot
candles at the level where the body art procedure is performed and where instruments and
sharps are assembled.
5.3. All walls, floors, ceilings, and pra<;edure surfaces shall be light-colored, washable, smooth,
free of open holes or cracks., and shall be maintained in good repair and cle<m condition.
Carpeting is not permitted within the body art procedure area.
5.4. Each technician. working in the establishment shall have a procedure area with at least 45
square feet of floor space. The technician's permit shall be displayed within his or her
procedure area in a prominent arld conspicuous place where it may be readily observed by
clients of the technician..
5.5. Multiple body art stations shall be separated by dividers, curtains, or partitions, at a
m101ll1WTI .
5.6. Each establishment shall have at least one procedure area completely screened from public
view for clients requesting privacy.
5
.
~
-'
All body art procedure areas shall be completely separated by solid partitions or by walls
extending from floor to ceiling from any room used for human habitation or food
preparation, and from any food estabUshmem, hair salon, retail business, or other such
activity, which could contaminate work surfaces.
All procedure surfaces, including client chairs and benches, shall be of such construction
as to be easily cleaned and sanitized after each client. v.ith a liquid chemical germicide.
A separate handsink with hot and cold running water, under pressure, preferably equipped
'With wrist or foot operated controls, and supplied with liquid soap and disposable paper
towels shall be located within or immediately adjacent to the body art procedure area(s).
One handsink shall serve no more than three operators. In the absence of a separate
equipment washing sink, bandsinks may be used for initial cleaning of instruments and
equipment .prior to sanitization or sterilization procedures. In addition, there shall 'be a
miaimum of one lavatory, excluding any service sinks, and one toilet, for use by ~ents
and customers in each body art establishment.
At least one covered waste receptacle shall be provided in each procedure area and each
toilet room. Receptacles in the procedure area shall be emptied daily. Solid waste shall be
removed from the premises at least weekly. All refuse containers s~ be lidded,
cleanable, and shall be kept clean.
No animals of my kind sball be allowed in a body art establisbment. except service animals
used by persons with disabilities (e.g. seeing eye dogs). Fish aquariums may be allowed ill
waiting rooms and non-procedural areas. .
Effective measures shall be taken to prevent the entrance of insects, vermin, and rodents
into the establishment:, such as screened. openings and 8lltomatic closures on doors. No
insects, vermin, and rodents shall be present in any part of the establishment, its '.
appurtenances, or appertaining premises.
:TION 6. PROHIBmONS
No per5{)n shall perform or permit the performance of body art procedures upon a person
under 18 years of age without the presence, identification by photo id, and written consent
of the minors parent or legal guardian. A teChnician or body art establishment may refuse
to perform a body art procedure on a minor regardless of parental consent.
~o technician or body art establishment shall perform or permit the performance of body
art procedures on any person who appears incoherent for any reason, or appears to be
under the influence of alcohol or drugs.
No technician or body art establishment shall perform or permit the performance of body
art procedures on any skin or mucosa surface where a rash or any visible infection is
present
6
.
'-'
..",;
6.4. No person affected with boils, infected wounds, open sores, abrasions, kdoids, weeping
dennatologicallesionsJ or acute respiratory infection shall work in any area of a body art
establishment in any capacity in which there is a likelihood that the person could
contaminate body art equipmern, supplies, instruments, or working surfaces with body
substances or pathogenic organisms.
6.5. Ear piercing systems using studs and clasps shall not be used anywhere on the body other
than the outer perimeter and lobe of the ear.
6.6. ~o technician or body art establishment shall perform or permit the performance of any
procedures implanting any object(s) under the skin. such as ball bearings, beads, etc.
6.7. Smoking., eating, or drinking is strictly prohibited in the body an procedure area. No
technician shall perform any body art pr~ure if under the influence of alcohol or drugs.
SECTION 7. BODY ART NOnCE AND REPORTING REQUIREMENTS
7.1. Every person requesting a body art procedure shall be provided with verbal and written
public educational information prior to the start of the procedure, in a form approved by
the Department.
7.2. Every person receiving a body art procedure shall be provided with verbal and written
instructions for aftercare of the body art procedure site, in a form approved by the
Department. The instructions shall advise the client of propel: care for the healing of the
body specific to the procedure performed and to consult a physician at the first sign of
infection or swelling. The instructions shall include the name, address, and phone number
of the es+..ablishmen:t and the printed name of the technician who perform~ the procedure.
7.3. The vmtten information and aftercare instructions shall be signed and dated by the client
and the technician. The originals shall be retained by the establishment and copies shall be
given to the client.
7.4. Every body art establishment shall prominently display the Disclosure Notice which shall
be provided with each establislunem permit issued by the Departmerlt, containing the
following information:
(a) Advising the public of the risks and possible consequences of body art services~
(b) the name, address, and phone number of the Volusia County Health Depanmem;
and
(c) the procedure for filing a compliant relating to body a.rt services.
7.5. Any infection, complication, or disease resulting from a body an procedure which
becomes known to the technician or establishment shall be reported to the Department
7
.......
..",
within 24 hours. The technician and the establishment shall be jointly and severally
responsible for reporting such information.
SECTION 8. CLIENT ME~ICAL mSTORY
8.1. Prior to performing any body art procedure, in order to properly evaluate the .client's
medical condition for receiving a body art procedure. the technician. shall specifically
request from the client verbally and in v.Titing the following information:
(a.l History of diabetes~
(b) History of hemophilia (bleeding)~
(c) History of skin diseases. skin lesions or skin sensitivities to soaps, disinfectants. etc.~
(d) History of allergies or adverse reactions to pigments, dyes., or other skin sensitivities~
(e) History of epilepsy, seizures. fainting or narcolepsy; .
(f) Current or recent medications such as anticoagulants, which thin the blood or
interfere with blood clotting; and .
(g) Any other infonnation that would aid in evaluating the client's body art healing
e~ta.tions.
8.2. Prior to performing any body art procedure.. the technician shall obtain a Rel~ Form
signed by the client confirming that the technician obt3ined or attempted to obtain the
medical history. and listing the information provided.
8.3. The technician may refuse to perform a body art procedure if the clieat refuges to disclose
the information requested.
SECTION 9. PERFOIDr1A.NCE OF BODY ART PROCEDURES
9.1. When performing body art procedures, the techcician shall maintain a high degree of
personal cleanliness., conform to hygienic practices, wear clean clothes, and his or her skin
shall be free of rash or infection.
9.2. Before performing a body an procedure., the immediate skin and surrounding skin 21'ea
where the body art procedure is to be applied shall be washed with soap and water or an
approved surgical skin preparation, depending on the type of body art to be performed. If
shaving is necessary, a single use disposable razor shall be used then discarde~ or a safety
razor with a single service blade shall be used, the blade discarded, and then the reusable
bolder sball be sterilized. After shaving, the skin and surrounding area shall be vtaShed
with soap and water, and the washing pad shall be discarded.
9.3. Immediately before performing body art procedureS on an individu.a1, the technician sba1.I
thoroughly wash his or her hands in hot running water with use of liquid soap, then rinse
hands and dry with disposable paper towels. This shall be done as many times as
necessary to remove contami.n.ants. After hand wa.sh.ing is completed, the technician shall
don disposable medical gloves.
8
tJ.
~'
-..!'
9.4. The technician shall wear disposable medical gloves during all procedures. Gloves shall be
discarded after the completion of each procedure on an individual client, and hands washed
prior to donning the next set of gloves. Under no circumstances shall a single pair of gloves
be used on more than one person. The use of disposable medical gloves does Dot preclude
or substirute for the hand washing procedures descnoed herein.
9.5. If: prior to or while perfonning a body art procedure, the technician's glove or gloves are
pierced or torn or become contaminated by contact with any non-clean surface or object, by
comact with a third person, or otherwise, the technician shall immediately discard the
gloves, repeat the hand washing procedure, and put on a fresh pair of gloves to complete
the procedure.
9.6. Any instrument used for body art, which is contaminated during the procedure, shall be
discarded and replaced immediately with a new disposable or sterilized instrument Wore
the procedure r~es.
SECrION 10. RECORDS
10.1. The body art establishment shall keep a record of all body art procedures perfonned. The
record shall include the client's name, date of birth, client's address, date of tbe procedure,
type and location of each procedure performed., name of the technician who performed
each procedure, signatUre of client, and" if the client is a minor, proof of parental or
guardian presence and written consent. Signed copies of the client Release Form and
Aftercare forms shall also be maintained by the establishment. All records shall be
available for inspection by the Department upon request. .
10.2. Records containing a client's personal medical information shall be considered confidential
by the establishment. The Department shall keep personal medical information
coruiderrtial to the extent disclosure is not required under Chapter 119, Florida Statutes,
in the administration and enforcement. of this code.
10.3. All records required by this code shall be retained by the establishment for a minimum of3
years.
SECTION 11. EQUIPhfENT, INSTRUM:ENTS, AND SUPPLIES; SAN ITA nON AND
STERlLIZA nON PROCEDURES
11.1. Both sterl1.ized and clean instruments and supplies shall be stored in cl~ dry, covered
containers.
11.2. .A.1J instruments used in body art procedures shall rema.i.n stored in sterile packages until
just prior to use. Sterile instruments and equipment shall not be used if the package has
been breached or the expiration date has expir~ without first repackaging and
rest e rilizin g .
9
..
~.
...,
11.3. All products used to check the flow of blood or to absorb blood shall be single Use and
disposable.
11.4. All products applied to the skin. including body art stencils, shall be single use and
disposable, except that acetate stencils shall be allowed for re-use if sanitization
procedures are performed between uses upon approval of th,e Department. Petroleum
jellies. soaps and ,other products used in tbe application of stencils sball'be dispensed and
applied on the area to be tattooed with sterile gauze or in a manner to prevem
contamination of the original Container and its contents. The gauze sball be used only
once and then discarded.
11.5. All inks, dyes, pigments, needles, and instruments used shall be specifically manufactured
for performing body art procedures, and shall be used RcCording to manufacturer's
instructions. The mixing .of approved inks. dyes, or pigments; or their dilution with
potable water, is acceptable. Immediately before applying a tattoo, the quantity of tm: dye .
to be used shaII be transferred from the dye bottle and placed into single-use paper or
plastic cups or caps. Upon completion of the tattoo, these single cups or caps and their
contents shall be discarded.
11.6. Jewelry used in body art procedures shall be made only of the following materials:
surgical implant grade stainless steel; solid 14k or 18k white or yellow gold; niobium;
titanium; platinum; or a dense, low-porosity plastic. All jewelry shall be free of nicks,
scratches, or irregular surfaces, and shall be properly sterilized prior to use.
11.7. When assembling instruments used for performing body an ptocedures, the technician shall
wear disposable medical gloves and sb.a1.l use medically recognized techniques to ensure
that the instruments and gloves are not corrtam;nated.
11.8. Single-use items shall be discarded immediately after each use, and shall not be used on
more than one client for any reason.
11.9. Reusable cloth items shall be mechanically washed with detergent and dried after each use.
11.10. Every body art establislunent sha1I have a Department-approved sterilizer unless OflJy
sterile supplies and single-use disposable instruments and products are used. Sterilizers
shall be located away from procedure areas and areas frequented by the public.
11.11. The follo'v,.;ng process shall be followed after each use for all non-single use, non-
disposable instruments used for body art:
(a)
The inst:rument shall be cleaned by scrubbing \Vith an appropriate soap or
disinfectant solution and hot water, or by following the manufacturers cleJlmng
instructions, to remove blood and tissue residue.
The instrument shall be placed in an ultrasonic unit, which shall be operated in
accordance ~ith manufacturer's i.nstructions.
(b)
10
..
"-"
....."
(c) The instrUment sb.a.11 be packed individually in a peel-pack containing either a
sterilizer indicator or internal temperature indicator, and sterilized.
(d) Peel-packs shall be dated with an expiration date not to exce~ 6 months.
11.12. Sterilizers sha1.l be used, cleaned, and maintained according to manufacturers instructi~ns.
A copy of the manufacturers recommended procedures for the operation of the
sterilization unit shall be available for inspection by the Department.
11. 13. Each body art establishment shall demonstrate by monthly spore destruction tests that the
Sterilizer used is capable of attaining sterilization. The tests shall be verified through an
independent laboratory. Test records sb.all be retained for a period of3 years, and shall
be made available to the Department upon request. The establishment permit shall not be
issued or renewed until documentation of the sterilizer's ability to destroy spores is
received by the Depanment..
SEcnON 12. STORAGE AND DISPOSAL OF WASTE
. 12.1. Storage of biomedical waste on-site shall not exceed the period specified by the
Department, or more than 30 days.
12.2. Sharps shall be disposed ofin approved sharps containers.
12.3. All products used to check the flow of blood or to absorb blood sh.ill be disposed of
immediately after use in appropriate covered containers., unless the disposal product meets
the definition ofbiornedical waste.
12.4. Non-biomedical waste which does not release liquid blood or body fluids when
compressed, or does not release dried blood or body fluids when handled.., sball be placed
in a covered receptacle and disposed of through no~ approved disposal methods.
12.5. Biomedical waste which may release liquid blood or body fluids when compr~ or
which may release dried blood or body fluids when handled, shall be placed in an approved
"red" bag marked. with the International biohazard symbo~ and disposed of by a
biomedical waste transporter registered by the Florida Department ofHea1th.
I [
.
.-.,.
....,
PAnT II: TE\1:rO~ · R"" E5T1\:Bl::;fS ..
, "..... .. IIltfEl ITS AND TEcmrrCIANS~
AND ~.fOnILE nODY ART ""lEIDCLES'
.sECTIO~i 13, TEM:rOR4.RY ....:-m ~.fOBILE 'VEII1CLE fE.R1tDTS
-8:+.
~.
H:3.
~
=:~~~)' :; C9~.e~'hme.t, !_mperll<)' bod)' llrt !eduU<i.,.~ ...d ",_hil: h~~ ::
..edu~.ti'Jn~ t '_' ~ J c. 1:3~ucd ['Or pLoduGl Jt:UIVll.':>lic1~OCl.5, indu3:::t) tla e '
rau~no, ltuJ .sP<'<'lcJ c. C:l"lt3.
T cmpol ~) e:f:d mobile ~e '. Aall e .
~.,d shall not be ..clicl fi ~.1,S 5. . II ISWOO ad)' for the ~pc.cific duration of the event,
er e..h} p<"L1uJ 11< c:<vess gf 14 <,onsecutl"e d.ys_
:re'"'1pl"lr~ry ~Md mobile pC~ts shall not be trA.nrl'enblQ,
Tomporary ll.nd Luabae pe 'e be' .
tee pe~u t I ~ 3 may l:I:IL.:dCdi4t<.l)' .;I~pl:;uJ"d ar revoked for failure of
cc a comp Y ,",th the f'4WtcmCrrt.3 of thi3 code.
S:iCTIO~ 14 ~H?eR' R'" · ~ ~ e ""
, ~a... Jo . 10. ,1 BILE ~mCLE PEm.fiT .~PLICA TIO~S
-l-4:-t7
t--t:-2'.
~
An :tpplic'ltion for 3. tem~ora:: b db' .
rTT'!;rt \Iii b..... d' '.';') 0). 11ft e.sla l.i;:,ll.lw;.uL Vi lllobl:lc. bod)' aT: vcElc1c fls:-ml.
ru ::1ltte In 'i'.'n:!flg for rens..,,' by the D<.p.utmeat <lot ICcl..:)~ 30 Jay . 'o-4e,
o.oe:Qt::x:he _ ~ . ;:, l-!LlUJ. ·
. rcquc3t :lpc:eifiea1I)' id'lltdJ'
W
Eb1
~
(:d)
tf!G pW!-,O~G for i'l'hich the p<OJ.uit i.51cqu.l..Vl=.}-
+h . e f" '
· e peno. 0 t:tm.c ['Dr wl:ich thc P<'I~t i3 requested,.:.....
the loea.uea efthe tem.pon:ry mc and
-aI.I tcchJ.uciZtlU whe i'liH p rti b d '
. c a~ a ) 4L t fhvUJUl.(.'s 11. the tcmpo:o....)' ~~6blishmeD.t;'
A ,.
.. o.ppu.:;:antJ arc respoRsible rot' 6 Ii 0 ~ a!! tl
b rt till' d. ' om? ~c.(Je 'WIt 0 leL lul.rc:d af',cU\",y H:::.!:Su:laGulI:> .5uch e.J
, r.o mnc to, zS"''''S ~Tlrl ~11~o.e~S lice;gt~ requir~mQ:Dt~. "
Ar.. ap?lieatioa-f'or ~ t~mpora;:;' :ase t t ~.. .. . . .
o ... b' h ).ll CC '1:iC1d41 fJl:;ullll wu.5t L<;; .::.uLu.u.tlu ic. Vl~g fur
...J:.8:'."10T' ~ tl c DepAUl l <Lt. i t A6 em .
. I de: LJ.<;;U e.\..) oJ y::; PUVL Lv LL", e. 'lit. ThG appliUl:l:ioH ahall
-UiC U .
.(ar ~oo: of 00 Fflplianee 'i'.~t.." the boe)' art tKh.-jciw requirM1cms set [o:1.h i!t tm3 coJI:;,
8:8 pn~o: that the, appl:il,4lJ.L j~ \"u.ucatl-) ~dt~J w~tL c!. .Gxcd IOC4LO[l or pCfm8:El:ent
-bad, 4ft ebtablishmC"f'lt flef"f'!ine~ \?y the o.r:propnnte state or 1000.1 go,'crnrne:fit-r
).:0 temJ38fax-' s5~blin 1..:,
_' J L.l"J.ll vI lllOu....C ~d) a.rt vebicle pgrmit shaJI be issued IIn1e5S the
eedablishment hc.3 bed' e:ft ~ M'A' , 1:1 . ~
~~e B ) ea b1.141..'H "Ilt ":ilic 2.!l.-:ua..! or temporur)' Frn..::s i5GU d b",
- CP.llllllCllr .
l2
{5.:.
,[5 :.
15.4
'-'
'...."
SECTIO:; 1.3. TE~fPORARY DODY ART EST.\.llLISmffiNTS
I5 I
T "'lIlpUrlU) CJt~bl:i~h.'lehtJ .51..ll: be ;Ilspc.ctcd prior to use to l:fl.;U(t,; camjJlianol:l \'..i~h thll:
r~qUJremt:nts ot c!us Clade. .'.dCitionlll irtJpcccionJ ma)' be.; pc.;rtormcd durin:; the event. .
TI.... c":ulportlI) CJcabI:.:JIlJ.LL<';lh luu.:.l LI;; W;cl~.H a. eOlllp1ctd) cnc~():lt:d non mobile 3trucn,Ir;~
,~JI '::.3cabl:is~CfH and op..::rd.to. p...w';ts <J.Jld the di3cloJUfe notice, Dc:partmcl1: information
e.od complaint p!"occdurc n.ust be d;5pl.ly...J ;u .... prominent t:J.u conspicuous 8.!ea. ....hcr~
they maybt: rea.dily seen b)' d:i.::nt,..
The temp.;)rarj" CJt~bI.iJIL~l...ut 'Bust GOlllply ",it1 All erche rcquircmcfHs of tn.::.> codc except
as [oUO',1.'$: '
(~)
(b)
~r.lln.1be in. acco~da.ncc W't1th 10ccl ptwnbL~g cod..:,] 3h:cll be.; providod. .'
u~erouJ~Ei1dat :i1:1'l.glc UJe hand ^1PC3, approved 0) the Dcpanmcnt.. must be
a"aileble J, b h b'
'. In C:~. oct ~.r c.... let-. tu l1u,b-Olent the hMJ ~1l.1h::ifl~ rcqu1(Cffi...:nL1 ef this
XGilon.
, ..
F~=~~~~ ~:::e~;t;~ orBee, ?<1~C ~ ~G 4~<1iI.tLk
_ . .'. 0 proper y sten c mstru:nents. :\ spore tt::s;t report
performed en. 3tcri:l..i.utJon cquipalCllt : 0 da) 3 or k.s.s prier to the cia:.: of the c. cnt
.~l be prov'Ided. er oal)' 3inglc use. prcp.1ekagcc. 3t.:rilizd cqu:p;::cr.t ebt3.incd
irOQ ft:pU:a:ble 3UppliCfJ Of tnllTlW.!.ctufcr3 3hall be uX6.
(c)
<c)
_LenD:.'\' IG. M:ODlLE BODY ART 'y"EHICLES
16,1.
16~.
16,::;.
{6. 1.
16.5.
r 1;;' Il~:: .l~)' L", ;.s~u'1 [u~ 4 ~lul.,ae LI.IJy 4.l.l ~ d~...k. TILe ~ dh"lc. Ulwt be .1.:1: propcllcc Of
other-,lst: movable from place to pt~cc, 3clf-.suffi"icnt for utwtics :3Uch e..:J {,e..:J "ro.tOf<
I ." d Ii . ) , ,
to ...e.D.1CIt).A.O q u...d ~ ~it" J;'sl-lesal, a,ud UIU':' l U !leI a.k .u uoe Lxcd 10'..\(;1.111 fuf the. u.rir.::
permit pcnod.
Mobile b~dy an ':'chielc3 Jnd tcchd.ici~,J .'lorkihg fiof'l, a mobile body en vcbicle shan
eornpl~' "'lith all ~f the rcquiremcnt~ of tru~ codc, ~1d the .specific reqWxcn,eILt3 for mobik
"perJ.tloru: comamed in this section.
B-?d)' a.'"t proeodurc3 .3h.l1I b.. deLLe. O,U) ~itl~ll a.H e{ldo~c.d . elh.::!C .!l1ch a3 1l. trailer" 'No
b0dy e.rt procOOU1"CJ .3M11 be P'"" fUl ~.ued uuts;Jc of Ll,c:; y d~c.k
\'"h.;,;Ics shell at: mcin~ed . i d' d" . .n1'
_. . u. ... ... ...<uk ~l 5..uLlldl) ....uu ,llv" At tUllCJ" Door.s .slull be
3d! clo..su.g .!!.l1d tls.!ll.fill;',u.g. ".V;'.udo...~ ..1.d1 u!l..ll dHJ .:>Lall hAve tight-fitti..g ~...rccn.s.
~'~1~c1:-.s .shtill be u.:>~d o'~J ~UL el.... YLLp~5~ of pelfu~.g bad) art procedures. No
~Olc:-.t:.l~n a: foed~ ..,. Cp.L .ltlOl.1 d pc.. LLl.ltlcd l.l.J;)lJI;; tLc. vc.hide wtle.ss eh~ bed: .1l. pro,cdL:rc
aJ c.:l b ::.dpJJ 2.ted c-om en..: ,ulir.~ 0;" deLT.lc;k .l.; C.!5 by nee. to ccilir'6 ~.!l113.
1]
.' .
. . "&. !
........
....."
..u.4
EE ~1:i;~~:;;~~ ':!;~~"~:~::"~:lI~~;cl~;,u~~U~L ~~~rE"
=Q;;:~::,~:;' <;~P~L~~:.h~:~:~:oi~~:~'.: ":= ~~;;;;~~",:y"::
:;;:,~=:, :~<< ~~ ~C:~~. augm.nt the hand ~ ;::::. ~f;;:~~i~
AFt edeqttate :!uppIJ of. ~t~k ~a1~r Sh(L~ be ~iflfained :~r th~ m'Jbi7~ cooy an.
;~~~~~~:~::. dt.. i.." u~o, .,io... The :.,,-:= uf tit< Nat... 2.r.d t>nk s.crage-m
~ ~:~:~~t<3 :~ ~< .'0"& in Ail .d"'ludtc ,'..,age ,-""ik. witl, . ~'P."";'i A' ~ SO~~
~~:~~:1;,n :~0 ~<1P.1Clt.Y of LIle on-boa..t d 1Jo14Lk VV'Ate, .mppt)'. L~i4--we:s.t05-5hclI-he
4e:po&ed of at 3. SltQ approveEi by tbli Depar...m.cn~
+6:-r.
~
~ =:::::~.:':: ~~ll Jlkdl bG ...aablo ~;thiu tI,e m..ba. bvd) ~:t'''''!;-
~d~-b,;;;.~; must b. ""alIoblei~'"'d.lhe r.,.,.oo", ..wiele. Th:=;: :
:'!;~:.::'~~~~~ ~Ia "'""',,& wet.. ""d:f r>t"~,:d_~.;; ;;.;: ';;~-: ~ 013 in-
~:::;~~~. Re:m OOm duu!.:> LU.~l ~" .$<.1f-do:uf!lg an e. t a
PART ill: ADI\-1INISTR.o\TION
8ECI10N 17. INSPECTIONS
17.1. The Department may conduct inspections as often as necessary throughout the year to
ensure compliance with this code.
17.2. It is unlawful for any person to interfere with the Department of its representatives in the
performance of their duties. A representative of the Department shall properly identify
him or herselfbefore entering a body art establishment to make an inspection..
t 7.3. Following an inspection, a copy of the inspection repdrt shall be furnished to the
permittee. The Department shall retain the original of all inspection reports.
iECTION 18. DEPARThIENT PERSON]lj"E[, COM:PETANCY REQUlRL'rITNTS
8.1. Department personnel performing environmental health/sanitary evaluations or complaint
investigations of body art establishments or technicians shall meet the same requirements
as specified for technicians in Section 3.3 of this Code prior to assuming responsibilities.
14
.
~
."""
SECTlON19. ENFORCEMLNT
19.1. Ifa permittee is in violation of any provision of this code, the Department shall notify the
permittee in writing of the violation and provide instructions for specific steps to correct
such violations within a reasonable period of time not to exceed 30 days.
19.2. If the Department has reasonable cause to Suspect that a communicable disease is or may
be transmitted by a technician's use of unapproved or malfunctioning equipment. or
unsanitary or unsafe conditions which may adversely impact the health of the public, the
Depanment shall immediately notify the permittee and the local government jurisdiction,
and may do any or all of the following:
(a) Issue an order excluding any or all technicians from the permitted body art
establishment who are responsible, or reasonably appear respons.ible. for the
transmission of a comnnmicable disease until the Department determines there is no
further risl: to public health. '.
(b) Issue an order to immediately suspend the permit of the establishment until the
Department determines there is no further risk to the public health. Such an order
shall state the cause for the action.
19.3. Permits issued pursuant to this code may be denied, suspended or revoked for faiIure of
the permittee to comply Vtith all requirements of this code, in accordance with procedures
established by the local govemment jurisdiction.
SECTION 20. FEES
20.1.. The Department shall collect rea.sDnable fees in connection with the administration of this
code.
SECITON 21. ThTERPRETATION AND SEVERABll..ITY
21.1. In the interpretation of this code, the singular may be read as the plural, the masculine
gender as the feminine or neuter, and the present tense as the past or future, where the
context so dictates.
21.2. In the event any particular clause or section of this code is declared invalid or
unconstitutional by any court of competent jurisdiction, the remaining portions shall
remain in full force and effect. Toward that end, the provisions of these regulations are
declared to be severable.
15