That Chapter 17 of the Municipal Code be amended by adding the following:
To regulate the provision of body arts; including but not
limited to body piercing and tattooing services in the City of Hartford so as to
ensure the safety of these procedures and the cleanliness of the facilities in
which they are provided.
SEC. 17-42
DEFINITIONS
The following definitions apply to terms used throughout this document:
Anesthetics means any federally controlled substances used to inhibit pain response whether delivered topically, orally, parenterally, or by inhalation.
Antibacterial Solution means any liquid used to retard the growth of bacteria which is approved for application to human skin and is so labeled.
Antiseptic means a substance which inhibits the growth of microorganisms but does not necessarily kill them.
Approved means acceptable to the Department of Health or its authorized agents.
Aseptic Technique means the use of a procedure to minimize or eliminate exposure of surfaces to contaminating agents.
Autoclave means a device which automatically achieves and maintains time, temperature and pressure requirements for sterilization.
Biohazardous Waste means waste products, including sharps, regulated because of the presence of blood or other potentially infectious materials.
Blood means human blood, human blood components, and products made from human blood.
Blood and Body Fluid Precautions means a method of infection control in which all human fluids are treated as if infectious for Human Immunodeficiency Virus ( HIV ), hepatitis, or other blood-borne pathogens.
Blood-borne Pathogens means pathogenic microorganisms present in human blood which can cause disease in humans. These pathogens include but are not limited to hepatitis viruses and Human Immunodeficiency Virus ( HIV ).
Body Arts means those services which include but are not limited to tattooing or piercing, of the human body intended to alter permanently the human body for non-medical reasons. Body arts, for the purposes of this Code, does not include the piercing of the lobe and/or outer perimeter of the ear, excluding the tragus, when performed with a mechanical device which utilizes pre-sterilized earrings in a single-unit, single-use cartridge system or is a disposable device.
Body Piercing means
the piercing of the human body by someone other than a physician, dentist or
doctor of osteopathy, who inserts an object into the body for non-medical
purposes. Body piercing, for the
purposes of this Code, does not include the piercing of the lobe and/or outer
perimeter of the ear, excluding the tragus, when performed with a mechanical
device which utilizes pre-sterilized earrings in a single-unit, single-use
cartridge system or is a disposable device.
Chemical Detection Markers means any detection device placed on an item prior to sterilization which indicates that the object has been exposed to the steam sterilization process.
Client means any person who presents himself to a body arts facility for the performance of a body arts procedure.
Contaminated means the presence or anticipated presence of blood or other potentially infectious materials on a surface or an object.
Critical Items means those aspects of a procedure which, if violated, constitute an imminent hazard to health and safety.
Critical Violations means one or more of the following findings:
(1) autoclave not in proper working order or in proper use.
(2) lack of a monthly spore test properly recorded.
(3) non-disposable instruments and equipment improperly sterilized or stored.
(4) reuse of single use
articles.
(5) improper hazardous waste disposal methods.
(6) improper operator scrub technique before and after a procedure.
(7) improper glove technique during a procedure.
(8) no hepatitis vaccination program in place.
Decontamination means the use of chemical or physical means to remove pathogens on a surface so that the surface is incapable of transmitting infectious materials.
Department means the City of Hartford Health Department or its authorized agents.
Disinfectant means a solution intended to destroy infectious agents on clean inanimate surfaces.
Earlobe means the soft, non-cartilaginous lower aspect of the external ear.
Ear Piercing Gun means a mechanical device which pierces the earlobe by forcing a disposable, single-use stud or solid needle through the lobe.
Ear Piercing Instrument means a mechanical device which pierces the lobe and/or outer perimeter of the ear, excluding the tragus, utilizing pre-sterilized earrings in a single-unit, single-use cartridge system or is a disposable device.
Easily Cleanable means that surfaces are readily accessible and so fabricated that residue may be easily removed by simple cleaning methods.
Exposure Incident means a person’s direct contact with human blood, human fluids, or other potentially infectious materials.
Extensively Remodeled means an alteration of a work space which results in an increase or decrease of floor space, or of wall location, or of changes to existing equipment, or addition of new equipment used in the provision of body arts procedures.
Facility means the physical location of a tattooing or body piercing establishment.
Germicide means an agent that kills pathogenic microorganisms and is so labeled.
Handwashing Facilities means a facility which provides an adequate supply of potable hot and cold water, liquid soap or other antibacterial solution, single use towels, and an adequate container to dispose of waste from washing.
Health Officer means the Director of Health or an authorized agent.
Imminent Health Hazard means any condition or practice which is very likely to result in injury or loss of life.
Infection means the pathological response of the body to an invasion by a pathogenic agent which results in injury to the body. The five classic signs of infection include: pain, redness, swelling, heat production, and dysfunction.
Infectious Waste means biohazardous waste or regulated waste.
Inflammation means the normal healing response of the body to insult or injury. Inflammation may be characterized by pain, redness, swelling, heat production, or dysfunction.
Law means any provision of the state or municipal codes controlling a procedure or a facility.
License means to authorize any individual who satisfies the Department’s stated requirements to practice one or more of the body arts.
Microbiological Monitoring means the use of a standard spore, Bacillus stearothermophilus, to monitor the effectiveness of the sterilization process.
Occupational Exposure means the same as exposure incident as defined above.
Parenteral means piercing skin or mucous membranes.
Permit means to authorize any facility which satisfies the Department’s stated requirements to be open for the conduct of the business of the body arts.
Personnel means any persons employed or working in a body arts establishment.
Personal Protective Equipment means specialized clothing or equipment worn by an employee to protect against a hazard. General clothing not specifically designed to protect against a hazard is not considered protective equipment.
Piercing means body piercing as defined above.
Piercing Artist means any individual licensed by the Department to practice the art of body piercing.
Potentially Infectious Material means human body fluids or any item or surface contaminated with human fluids.
Regulated waste means biohazardous waste or infectious waste, including sharps, capable of releasing potentially infective materials upon contact with human skin.
Sanitary means a surface or object clean and free of agents of infection.
Sanitization means an effective germicidal process which applies enough heat or concentration of chemicals for a sufficient time to reduce the pathogens to a safe level.
Sharps means any objects which can penetrate the skin, including but not limited to needles, razor blades, scalpels, and broken glass or capillary tubes.
Single Use means a disposable item used one time on one client.
Sterilize means an approved microbiocidal process which applies enough heat or concentration of chemicals to a surface for a sufficient period of time to eliminate the microbial count, including highly-resistant bacterial endospores.
Sterilization means holding an object in an autoclave at a minimum of fifteen ( 15 ) pounds of pressure per square inch ( PSI ) at a minimum of 250 degrees Fahrenheit or 121 degrees Celsius for a minimum of fifteen ( 15 ) minutes.
Surgical
Revision of Scar Tissue means any
procedure whose intent is to mechanically alter or remove existing scar tissue.
Tattoo means any method of applying marks under human skin utilizing needles or other instruments to alter the appearance of the skin for non-medical reasons.
Tattoo Artist means any individual, other than a physician, dentist, or doctor of osteopathy currently licensed by the state of Connecticut, who is licensed by the Department to practice the art of tattooing.
Universal Precautions means a technique whereby all bodily fluids are assumed to contain bloodborne pathogens and are handled according to established safety principles.
Waste means any substance or object which is the result or by-product of a body arts procedure.
Work Area means a specified area within an establishment where body arts procedures are conducted.
SEC. 17-43 PROHIBITED ACTS
No person shall perform a body arts procedure on another
person under the age of eighteen (18 ) years.
However, a minor may have a piercing
procedure with the written consent of a parent or legal guardian who is
physically present at the time of the procedure and presents proper
identification. No one under the
age of sixteen (16) years may receive a tattoo
procedure unless (a) performed by a licensed physician, dentist, or doctor of
osteopathy, or a technician under their direct supervision, for approved medical
reasons and (b) approved in writing by a parent or legal guardian who is
physically present at the time of the procedure and provides proper
identification.
No person shall perform an ear-piercing procedure with an ear-piercing instrument unless the instrument utilizes pre-sterilized earrings in a single-unit, single-use cartridge system or is a disposable device.
No person shall perform a body arts procedure when the person receiving the procedure is under the influence of drugs or alcohol.
No person other than a licensed physician, dentist, or doctor of osteopathy shall employ the use of federally controlled substances, including topical, oral, parenteral or inhaled anesthetics, while providing body arts procedures. Topical anesthetics which are licensed for sale over-the-counter may be used at the discretion of the artist for the desensitization of the skin, as long as manufacturer’s directions are followed carefully.
No person shall perform a body arts procedure in the presence of evidence of unhealthy conditions in the area of the body to receive the procedure.
No person except a licensed physician, doctor of osteopathy, or dentist may remove a tattoo or other permanent mark on human skin.
No person may perform a body arts procedure without a current license.
No person may perform a body arts procedure in a facility which does not possess a current permit.
No person or facility may conduct body arts procedures in the presence of any critical violations as defined above.
Under no circumstances may an ear-piercing instrument be used on any body part other than the lobe and/or outer perimeter of the ear, excluding the tragus.
Violation of any of these prohibitions shall result in the suspension or revocation of the artist’s license and / or the facility’s permit, and shall be subject to additional penalties and fines as defined in this document. Repeated violations ( three or more ) shall result in permanent revocation of licenses or permits.
SEC. 17-44 MINIMUM SAFETY AND SANITATION STANDARDS FOR BODY ARTS FACILITIES
A business offering body arts services shall comply with the following provisions:
The premises in which body arts procedures are performed shall have an area of at least one hundred square feet.
The entire area, including fixtures and equipment directly or indirectly related to the body arts procedures, must be maintained in a clean, sanitary condition and in good repair.
The area must be equipped with artificial light sources which provide a minimum of forty (40) foot-candles of light at the level where the procedure is being performed. Spotlighting may be used to meet this requirement.
All floors directly under a procedures area must be constructed of a smooth, impervious, washable surface with a minimum dimension of six feet by six feet. Floors and walls will be maintained in a sanitary manner at all times.
All tables, work surfaces and adjacent wall surfaces shall be constructed of a smooth, impervious, and washable material and must be maintained in a sanitary manner at all times.
A lavatory or handwashing sink shall be located in close proximity to each work area for the express usage of employees. Hot and cold potable running water, liquid soap or other antibacterial agent which will not harm human skin, and single-use towels shall be available at this location.
Restroom facilities shall be located within the premises and shall be available to clients at all times when the premises are open for business. The restroom shall be equipped with a toilet, toilet paper properly installed on a holder, a handwashing sink with hot and cold potable water, liquid soap or other antibacterial agent which will not harm human skin, and single-use towels. Equipment or supplies used in body arts procedures shall be neither used nor stored in the restroom.
Sufficient and appropriate receptacles shall be provided for the disposal of used gloves, dressings, and other waste. Each receptacle shall have a lid and be kept closed at all times when not in use.
All water supplies, lavatory and plumbing systems, waste disposal systems, and infectious waste disposal shall meet the requirements of the Connecticut Public Health Code.
At no time shall an operator or a client consume food or drink in an area specifically designated for body arts procedures. At no time shall alcoholic beverages be dispensed on the premises where a body arts facility is located.
Smoking or other use of tobacco by the operator or the client in an area designated for body arts procedures is specifically prohibited.
No live animals shall be allowed in areas designated for body arts procedures. Guide dogs or other support animals accompanying handicapped persons shall be the single exception to this requirement.
Violations of these standards shall be grounds for suspension or revocation of the operating permit for the facility.
SEC. 17-45 REQUIREMENTS FOR ISSUING AN OPERATING PERMIT FOR A FACILITY
No person shall operate a business offering body arts procedures within the City of Hartford without obtaining a permit from the Director of the Hartford Health Department.
No person shall conduct a business offering body arts services in the City of Hartford without the presence of a duly licensed artist on the premises during all hours of operation.
No person shall build a new facility, or extensively alter an existing facility, without first submitting written plans to the Health Department for approval prior to the commencement of the project.
Persons seeking a permit for a business offering body arts services, including but not limited to tattooing, body piercing, and ear piercing, shall apply on the prescribed forms supplied by the Department. All applications shall be fully completed and accompanied by applicable fees.
Once the application, documentation, and fees have been received, the proposed facility will be inspected by the Hartford Health Department according to an approved format. Upon satisfactory passage of the inspection, a permit will be issued to the facility by the Department which shall be valid for a period of one (1) year, unless the permit is suspended or revoked according to the provisions of this document. The permit shall be displayed prominently in the facility.
Applications for renewal of the permit must be received, along with appropriate fees, within ten working days prior to the date of expiration of the current permit. Applications received after this date are subject to the addition of a late fee. No renewal permit will be issued without a satisfactory re-inspection of the facility by the Department. All written records relevant to compliance with this document shall be made available to the inspector upon request. Failure to apply for renewal of the operating permit as described in this section may result in immediate revocation of the operating permit.
Permit approval is non-transferable. Each facility for performance of the body arts must be permitted separately. Any planned change in ownership or renovation of a facility must be reported promptly to the Department and such changes must be approved by the Department prior to the issuance of an operating permit.
The Department reserves the right to inspect the facility at any time without prior announcement to ensure compliance with the provisions of this document. Each facility will be inspected at least once annually. Failure to pass inspection may result in suspension or revocation of the permit.
SEC. 17-46 TEMPORARY PERMITS
A permit to operate a body arts facility on a temporary or time-limited basis may be issued at the discretion of the Department, usually in conjunction with a specific event or gathering to be held within the City of Hartford, if the applicant can present evidence of his ability to comply substantially with the provisions of this document, including safety and sterilization procedures. Applications and fees for a temporary permit must be submitted on a Department-approved form and received at least fifteen (15) working days prior to the event. No temporary permit shall be issued until the Department has conducted a satisfactory inspection of the site.
Businesses in possession of a current valid permit from the Department shall be assumed to be in substantial compliance with the provisions of this document.
A
temporary permit will be issued to these businesses upon receipt of the
application for a temporary permit and appropriate fees, as well as satisfactory
passage of the inspection of the temporary location.
Businesses applying for a temporary permit which are not currently approved by the Department but wish to do business within the City on a time-limited basis shall submit an application approved by the Department which provides all necessary documentation to attest to the facility’s ability to substantially comply with the provisions of this document. The application must be received no later than fifteen (15) days prior to the event, and must be accompanied by all applicable fees. No permit shall be issued without satisfactory inspection of the temporary facility by the Department in advance of the event.
A holder of a temporary permit must maintain written records of services as described in this document. Temporary facilities are subject to inspection without notice, and written records must be made available to the Department on request.
Violation of any of the standards of care described in this document may result in the immediate revocation of a temporary permit.
A business receiving approval for a temporary permit shall prominently display the permit on site.
No business may obtain more than three temporary permits per year.
SEC. 17-47 RECORDS REQUIREMENTS FOR PERMIT HOLDERS
Holders of permits to operate a body arts facility shall maintain the following records:
(1) written records that all artists who practice in the facility are currently licensed by the Hartford Health Department, and have satisfactorily completed approved courses or seminars in First Aid, Universal Precautions, and Basic Safety and Sanitation Requirements.
(2) written records of maintenance and sanitation of operating equipment, including repairs of autoclaves and ultrasonic devices.
(3) written records of biological monitoring of sterilization devices conducted monthly, including spore test reports prepared by an independent testing agency approved by the Department.
(4) written records of HeptavaxÔ or other hepatitis B vaccination for each employed artist or other employee who may come in contact with bloodborne pathogens. An employee may refuse vaccination for hepatitis B, but a signed statement attesting to his refusal must be a part of his record.
(5) written records on a Department-approved Health Questionnaire for each client who has received a body arts procedure at the facility.
(6) written records of Reports of Infection on a Department-approved form.
The
records must be maintained for two years, and are to be made available to the
Department upon request. Failure to
maintain proper records shall result in suspension or revocation of the
operating permit.
No person shall perform a body arts procedure within the City of Hartford who is not currently licensed by the Director of the Hartford Health Department.
Persons seeking to provide body arts services in the City of Hartford, including but not limited to tattooing and body piercing, shall apply for a license on the prescribed forms supplied by the Department.
Applicants may apply for a license to practice in any one of the following categories:
(1) tattooing services.
(2) body piercing services.
(3) combined tattooing and piercing services.
All applications shall be fully completed and accompanied by the applicable fees.
All applicants must pass a written examination administered by the department prior to obtaining a license. Applicants will be tested on the following materials:
(1) The provisions of this document.
(2) First Aid pertinent to body arts procedures.
(3) Universal Precautions to prevent the spread of bloodborne pathogens.
(4) Basic Safety and Sanitation Requirements for providing body arts procedures, including knowledge of post-procedural precautions and post-operative infections, and knowledge of disinfection and sterilization processes.
Once a satisfactory score has been achieved on the written examination, and all documentation and fees to support the application have been accepted, the Department shall issue to the applicant a license to practice one or more of the body arts in the City of Hartford.
Licenses are issued for a period of three (3) years. Failure of the artist to comply with the provisions of this document may result in the suspension or revocation of the license at the discretion of the Department.
Licenses must be prominently displayed at the artist’s place of business.
Application for renewal of the license on a form provided by the Department and all applicable fees must be received at least thirty (30) days prior to the expiration of the current license. Late applications shall be subject to the addition of a late fee. The applicant for renewal must provide all requested documentation and must satisfactorily pass a written examination prior to renewal of the license by the Department. The decision to renew a license shall be at the discretion of the Department and shall take into account any history of violations of the provisions of this document during the current licensure period.
SEC. 17-49 FEES
Fees for licenses, permits, renewal of licenses and permits, and for temporary permits shall be as follows:
(1) One year permit for a tattoo and body piercing facility: $200.00
(2) Three year license for a body piercing artist: $300.00
(3) Three
year license for a tattoo artist:
$300.0
(4) Three year
license for a tattoo and body piercing artist:
$450.00
(5) All
temporary permits:
$50.00 per day.
SEC. 17-50 ADDITIONAL REQUIREMENTS FOR TATTOO ARTISTS
In addition to any requirements specified elsewhere in this document, any person licensed to perform tattooing services or permitted to operate a facility for the provision of tattooing services shall comply with the following provisions pertaining specifically to tattoo operations:
Immediately prior to and immediately following the performance of a tattoo procedure, the artist shall scrub hands and forearms with liquid soap or other approved antibacterial agent.
A clean, new pair of latex or similar plastic disposable gloves shall be worn for each procedure. If the gloves tear, or if contact is made with a contaminated surface during a procedure, or if any other break in the sterility chain occurs, the gloves shall be discarded immediately and replaced with a new pair of gloves.
The artist must use a clean lap cloth for each procedure. Under no circumstances is a lap cloth to be re-used, and lap cloths shall be disposed or placed into a closed container for later laundering immediately following a procedure.
Tattoos may be applied only to clean, healthy skin surfaces. Evidence of abrasion, laceration, skin eruptions, or infection shall cause the artist to refuse to perform the procedure.
If shaving of the site is indicated, one of the following procedures is required:
(1) use of a disposable razor with prompt disposal after use.
(2) use of a straight edge razor which shall be sterilized in an autoclave following each procedure.
After shaving, the skin shall be cleansed with an approved antibacterial solution applied with a clean, single-use disposable cloth or cotton.
Only a sterile ointment shall be applied to the area with single-use cotton or tongue depressors. Under no circumstances may fingers be used for this procedure.
The use of styptics or alum blocks to control bleeding is expressly prohibited.
Single-use containers shall be used to hold inks and dyes for each procedure, and shall be discarded immediately after use.
Each client shall be provided with Department-Approved written instructions for the aftercare of the tattoo procedure, and the artist verbally shall review the provisions of the instructions with the client before dismissal.
The
artist shall maintain a written record of the procedure on a form approved by
the Department, including the client’s name, address, phone number, date of
service, and description of the tattoo, for a minimum of two years.
A copy of the record shall be provided to the client prior to his
dismissal. Records shall be made
available to the Department upon request. In
the event of a business closing, copies of the records shall become the property
of the Department and must be delivered promptly to the Department by the
artist.
Written records of injuries and infections shall be kept on forms approved by the Department, and shall be retained for two years. Copies of reports shall be delivered to the Department within five working days upon the request of the Department. Information so acquired by the Department shall be kept confidential, and shall be used solely to gather statistical data.
The artist shall comply with all local and state regulations regarding the disposal of biohazardous waste, including sharps. Failure to comply with this provision may result in the immediate revocation of the artist’s license.
An artist shall not perform a tattoo service outside of a business establishment holding a current valid permit from the Department. Violation of this requirement shall result in the immediate revocation of the artist’s license.
SEC. 17-51 ADDITIONAL REQUIREMENTS FOR BODY PIERCING ARTISTS
In addition to any requirements specified elsewhere in this document, any person licensed to perform body piercing services or permitted to operate a facility for the provision of body piercing services shall comply with the following provisions pertaining specifically to body piercing operations:
Artists performing body piercing procedures shall be knowledgeable in appropriate procedures in the event of unintentional needle sticks or other injuries, and shall maintain a defined policy to obtain medical care in the event of such an occurrence.
Immediately prior to and immediately following the performance of a piercing procedure, the artist shall scrub his hands and forearms with liquid soap or other approved antibacterial agent.
A clean, new pair of latex or similar plastic disposable gloves shall be worn for each procedure. If the gloves tear, or if contact is made with a contaminated surface during a procedure, or if any other break in the sterility chain occurs, the gloves shall be discarded immediately and replaced with a new pair of gloves.
Body piercing procedures may be performed only on clean, healthy body surfaces. Evidence of abrasion, laceration, skin eruptions, or infection shall cause the artist to refuse to perform the procedure.
Under no circumstances shall an artist perform a surgical revision of existing scar tissue.
Immediately prior to a piercing procedure, the skin shall be cleansed with a povidone-iodine or equivalent approved antibacterial solution using a single-use applicator. Isopropyl alcohol is not approved as a cleansing agent, but may be used to swab the area to be pierced prior to the application of the antibacterial agent.
For oral piercings, or for piercing of the cheek or lips, the artist shall require the client to swish with an approved antibacterial mouthrinse for a minimum of thirty seconds.
The use of styptics or alum blocks to control bleeding is expressly prohibited.
The artist shall use a single-use, sterile stainless steel needle for each piercing procedure, and shall dispose of the needle into an approved sharps container upon completion of the procedure.
[Jewelry used in piercing procedures shall be composed only of one of the following materials:
1) low carbon or low carbon vacuum-molded surgical implant grade stainless steel; 2)solid 14K or 18K white or yellow gold; 3)niobium, platinum, or high-density, low-porosity plastic. Materials other than those listed are unacceptable.]
Jewelry used in body piercing procedures shall be composed only of Department-Approved materials.
Each client shall be provided with Department-Approved written instructions for the aftercare of the piercing procedure, and the artist shall verbally review the provisions of the instructions with the client before dismissal.
The artist shall maintain a written record of the piercing procedure on a form approved by the Department, including the client’s name, address, phone number, date of service, and description and location of the procedure, for a minimum of two years. A copy of the record shall be provided to the client prior to his dismissal. Records shall be made available to the Department upon request. In the event of a business closing, copies of the records shall become the property of the Department and must be delivered promptly to the Department by the artist.
Written records of injuries and infections shall be kept on forms approved by the Department, and shall be retained for two years. Copies of reports shall be delivered to the Department within five working days from the date the injury or infection is reported to the artist. Information so acquired by the Department shall be kept confidential, and shall be used solely to collect statistical data.
The artist shall comply with all local and state regulations regarding the disposal of biohazardous waste, including sharps. Failure to comply with this provision may result in the immediate revocation of the artist’s license.
An artist shall not perform a piercing procedure outside of a business establishment holding a current valid permit from the Department. Violation of this requirement shall result in the immediate revocation of the artist’s license.
SEC. 17-52 APPROVED STERILIZATION AND DISINFECTION PROCEDURES
All reusable or non-disposable items used to provide body arts services shall be thoroughly cleaned prior to sterilization using one of the following methods:
(1) the instruments shall be placed in an approved ultrasonic machine filled with an approved ultrasonic solution and cleansed of all foreign materials according to the manufacturer’s directions.
(2) instruments unable to be cleaned ultrasonically are to be placed in an EPA-approved hospital disinfectant solution for a minimum of twenty minutes.
Following cleaning, instruments are to be dried and then placed into individual autoclave sterilization bags, then sealed and marked with the date of sterilization and a tape marker to indicate that the packet has been exposed to autoclaving.
Sterilization shall be accomplished in an approved autoclave by exposure to steam for a minimum of fifteen (15) minutes at fifteen (15) pounds per square inch at a temperature of two hundred fifty (250) degrees Fahrenheit or one hundred twenty-one (121) degrees Celsius. Chemical sterilization (Chemiclave™) under pressure is also an acceptable method of sterilization, and the process recommended by the manufacturer must be followed meticulously to ensure adequate sterilization.
If the indicator tape indicates that the packets have been exposed to sterilizing conditions, the instrument packets shall be stored in a clean, covered container to minimize contamination until used.
The sterilizer shall be monitored monthly for effectiveness by the use of a spore test (Bacillus stearothermophilus) provided by an independent testing service. Records of testing reports shall be maintained in a log for two years.
Sterilizers shall be maintained in adequate working condition at all times. A sterilizer which does not provide adequate levels of time, temperature, and pressure so as to achieve sterilization shall be repaired or replaced immediately. A log of repair procedures shall be maintained for two years.
All surfaces which are directly in contact with the client or with the instruments used to provide a body arts procedure, as well as the surfaces immediately adjacent to the work area, including lights, chairs, tables, telephones, and walls, shall be cleansed immediately following a procedure using an approved disinfectant solution in a spray-wipe-spray method: the surfaces are sprayed, wiped with a clean, disposable cloth, then sprayed again and allowed to air dry.
Disposables and single-use items shall be disposed into an approved container immediately following completion of the procedure. Under no circumstances is a single-use item to be re-used. Sharps containers must be located in close proximity to each work area. One container may be used for multiple operators, but a minimum of one sharps container for each separate room shall be provided.
Failure to meet all provisions of this section shall be considered a critical violation of these regulations and an imminent health hazard shall be declared by the Department, and such a violation shall be grounds for immediate suspension or revocation of the operating permit and / or the artist’s license.
SEC. 17-53
EAR PIERCING INSTRUMENTS AND SERVICES
Any facility providing ear piercing services with a Department-Approved ear piercing instrument must maintain the procedure area, including fixtures and equipment directly or indirectly related to the piercing procedure, in a clean, sanitary condition, and in good repair.
Persons who provide ear-piercing services shall wear a clean, new pair of latex or similar plastic disposable gloves for each procedure.
All persons providing ear piercing services must be provided with appropriate training materials, including Department-Approved information on safety, universal precautions, and sanitation. It is the responsibility of the owner of the facility to maintain written training records for each employee engaged in the provision of ear piercing services. Such records shall be kept on the premises, and shall be made available to the Department upon request.
SEC. 17- 54
SANCTIONS AND APPEALS
The Director of the City of Hartford Health Department or an authorized representative shall have the authority to enter a business offering body arts services at reasonable times to conduct inspections of conditions relating to the enforcement of the sections of this document or of applicable sections of the Connecticut Public Health Code or applicable sections of the Hartford Municipal Code.
The Department may deny, suspend, or revoke approval of a business or an artist offering tattoo or body piercing or tattoo and body piercing services if the business or the artist has made any material misrepresentation to the Department, does not meet or no longer meets, or has a history of non-compliance with the requirements of the applicable sections of this document or of the Connecticut Public Health Code. The Department may issue a stop-work order, or institute legal action for injunctive relief, to enforce any provision of this section.
Additionally, the Department may impose an administrative fine for the violation of any provision of this document, not to exceed ninety nine dollars per day per day for each specified violation. In determining the amount of the administrative fine, the Department shall consider the severity of the violation, and the extent to which the provisions of this document or the Connecticut Public Health Code were violated, as well as the good faith efforts of the owner or artist to correct the stated violations.
In the case of a proposal to deny, suspend, or revoke approval of a business or artist providing body arts services, the Department shall provide the business or artist with a citation or written notice of the proposed action and the cause for the action. The citation shall describe the procedure for appealing the proposed denial, suspension, or revocation.
The written notice shall be provided by certified mail, return receipt requested, or by hand delivery. If the notice is returned because of failure of delivery, the Department shall either send the notice by certified mail to the address listed on the application, or conspicuously post the notice at an entrance of the business. In either case, the notice shall be deemed to have been received on the date it was mailed or posted.
The notice shall state that the business or artist may obtain a hearing under this rule if a written request for a hearing is mailed or hand-delivered to the Department’s address specified in the notice, within ten days after the affected business or artist receives or is deemed to have received the notice.
Upon receiving a timely hearing request, the Department shall schedule a hearing before a board or a hearing officer designated by the Director. If the Director provides a hearing officer, that officer shall not have participated in any manner in the decision to take the action against the business or artist.
The Department shall mail or hand-deliver notice of the date, time, and place of the hearing to the business or artist no less than ten days before the scheduled date. The Department may additionally post the notice of hearing at the entrance of the business.
The business or the artist and the Department each shall have one opportunity to reschedule the hearing date upon specific request to the other party. Any other postponements of the hearing shall be by agreement of the Department, the business or artist, and the hearing officer, if one is designated.
At the hearing, the business or artist shall have the opportunity to present its case orally or in writing. If the Department has designated a hearing officer, a member of the Department does not have to be present at the hearing.
If the hearing is before a hearing officer, he or she shall prepare a written recommendation as to the validity of the Department’s action, which shall rest solely on the evidence presented at the hearing and the statutory and regulatory provisions governing the Department’s action. The hearing officer shall describe the basis for his or her recommendation, but need not prepare a full opinion or formal findings of fact and conclusions of law. The hearing officer shall mail by certified mail, return receipt requested, or hand-deliver the recommendation to the Department and to the business or artist, within ten business days following the date of the hearing. Either party may file objections to the recommendation provided that the objections are received by the Department within five days of receiving a copy of the recommendation.
After reviewing any timely objections, the Director may take additional evidence or approve, modify, or disapprove the recommendation and shall enter an order in the record of Department proceedings.
If the Department does not receive a timely request for hearing, the Director may enter immediately an order as proposed in the notice.
In the case of an immediate suspension of approval for a violation presenting an imminent danger to the public health, the Department shall provide the business or artist with written notice of the action, the cause of the action, and the effective date of the action. The written notice shall specify the procedure for appealing the suspension and shall list the address to which a hearing request shall be sent or delivered. The business or artist may appeal the suspension by mailing or hand-delivering a written request for hearing to the address specified in the notice. If a hearing is requested, it shall be heard not later than two business days after the request is received by the Department. At the hearing, the business or artist shall have the opportunity to present its case orally or in writing and to confront and cross-examine adverse witnesses. The business or artist may be represented by its counsel, if desired, and may review the case record before the hearing. At the hearing, the Director, or an appointed hearing officer, shall determine whether the immediate danger to the public health continues to exist according to the provisions of this document or of the Connecticut Public Health Code.
Following
the hearing, the Director may render immediately a decision denying, suspending,
or revoking approval, or render a decision removing or continuing an approval
suspension. The determination or
order may be considered and made without publication or advertisement, and may
become effective without such publication or advertisement, recording or
certifying. An order is not
effective until it is recorded in the Department’s record of its proceedings.
This ordinance shall take effect upon adoption.