Seabrook (N.H.).

Annual reports of the Town of Seabrook, New Hampshire (Volume 2000) online

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cerebrospinal fluid and pleural fluid. Universal precautions do not
apply to feces, nasal secretions, sputum, tears, urine and vomitus
unless they contain visible blood. Requires the use of but not
limited to protective clothing, goggles, masks and latex gloves.



ARTICLE II
Restrictions
Section-3 OPERATION STANDARDS

A. Records

1. For each patron, the holder of a shop permit shall maintain
proper records of piercing administered.

2. A record of each patron shall be prepared prior to any body
piercing procedure being performed and shall include the patrons
name and signature, address, age, if applicable, manner of
verification of identity and age, the date of the procedure, the
type of piercing, its location on the patron's body, the type of
jewelry applied, and the name of the artist who performed the

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work. The patron record may also be used as a consent form for
the part of the body to be pierced.

3. The records shall be entered in ink or indelible pencil in a
bound book kept solely for this purpose. This book shall be
preserved for at least two (2) years from the date of the last
entry therein.

4. Before the body piercing procedure, there shall be a
discussion with the patron on the procedure, possible health
complications, and the healing time and aftercare of the area
pierced or serviced.

5. Aftercare instructions shall be given to each patron and
client .

B. Consent

(a) No person under the age of eighteen (18) years shall be
pierced without parental consent, except as provided in
paragraph 2e and 2f hereof.

(b) No person under the age of fourteen (14) shall be pierced.

(c) No piercing below the neck, with the exception of the navel,
shall be performed on anyone under the age of 16.

(d) Without in any way affecting the restrictions contained
above, any person under the age of eighteen (18) shall only be
pierced with the consent of a parent or guardian, upon the
following conditions:

a. A parent or legal guardian must be present with a minor
to sign the release form, no exceptions.

b. Both parent and piercee must bring valid photo
identification. A license, passport, state ID card,
military, school ID and birth certificate all constitute
for valid identification. If the last name is different
from the minor's, then there must be legal documentation
to prove the relationship.

c. Court papers may be required to prove a relationship with
a legal guardian.

(e) Age restrictions shall not apply to minors emancipated by
marriage or otherwise.

(f) Ear Piercing on all ages is permitted, providing that parental
consent is required under the age of 16.

(g) Parental consent shall be in writing signed by the parent or
guardian and retained for a minimum of 2 years.



ARTICLE III
LICENSING PROCEDURE
Section-4 LICENSES

A. Establishment License



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1. It shall be unlawful for any person to operate a body piercing shop
within the town of Seabrook who does not possess a valid permit issued
to him/her by the Health Officer. Only a person who complies with the
requirements of this Article shall be entitled to receive and retain
such a permit. A valid permit shall be prominently displayed to the
public in every piercing shop. The Health Officer may at her/his
discretion issue a temporary piercing shop permit for a special event
not to exceed fourteen (14) days. So long as person applying holds a
valid Artist License elsewhere.

2. Any person desiring to operate a piercing shop shall make written
application for a permit on forms provided by the Board of Health.
Such application shall include the applicant's full name, post office
address and home telephone number, as well as the business name, post
office address and telephone number, name, address and copy of the
current state license of all body piercing artists who work at the
establishment, the fee required by this ordinance and owner's
signature. If the application is for a temporary body-piercing event,
it shall also include the inclusive dates of the proposed operation.

3. Body piercing shop permits may be suspended by the Health Officer,
after notice and an opportunity for a hearing, for failure of the
permit holder to comply with the requirements of this Article, or with
any lawful notice or order issued pursuant thereto.

4. Not withstanding the other provisions of this Article, if the
Health Officer or any duly authorized representative finds any
unsanitary or other conditions in the operation of a piercing shop,
which constitute a danger to public health and it appears prejudicial
to the public interest to delay action pending a hearing, the Health
Officer may serve an order upon the permit holder or person in charge
citing such condition and specifying the corrective action to be taken
and a time period of less than fifteen (15) days within which such
action shall be taken; and such order may state that the permit is
immediately suspended, and all body piercing operations are to be
discontinued forthwith. Any person/shop to whom such an order is
issued shall comply immediately therewith but as promptly as possible
thereafter and within fifteen (15) days, the Health Officer shall
provide such person an opportunity to be heard.

5. For serious or persistent violations of any of the requirements of
this Article, after notice and an opportunity for a hearing has been
provided, the permit may be revoked.

6. The Health Officer shall conduct the hearings provided for in this
section at a time and place designated by her/him. Except as otherwise
provided for in this section, all notices of hearing served pursuant
to the provisions of this Article shall be in writing and contain a
statement setting forth the grounds therefore and be served at least
fifteen (15) days prior to the date of the hearing. The Health Officer
shall furnish a written report of the hearing decision to the permit
holder .



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7. The shop permit shall expire one (1) year from date of issuance.

8. The Health Officer or her/his duly authorized representative shall
have the power to:

a. Enter upon any premises for the purpose of making
investigations and inspections . in respect to the provisions of
the New Hampshire State Sanitary Code, this Ordinance, and the
requirements of the Board of Health.

b. Require any owner or user of piercing equipment to make such
equipment, the operator, and himself /herself available for
inspection at a reasonable time and for as long as it takes to
complete the inspection.

c. Survey any piercing equipment and records with respect to the
provisions of the New Hampshire State Sanitary Code, this Code,
and the requirements of the Department.

d. Seal or prohibit the use of any piercing equipment which does
not meet the requirements of the New Hampshire State Sanitary
Code, this Code, and the requirements of the Department. To take
any appropriate enforcement action as deemed necessary and
appropriate to include administrative hearings and the imposition
of fines.

B. Artist Certification

1. Any person desiring to engage in body piercing or act as a
piercing artist shall submit an application, along with the fee
required by this ordinance, for a Piercing Artist Certification to the
Board of Health in duplicate, along with two (2) passport
identification pictures, on a form prescribed by the Board of Health.
A statement as to the experience the applicant has had in performing
body piercing and a list of the type of procedures the applicant
intends to perform shall be included.

2. Each applicant shall be required to have completed a certification
in CPR, First Aid, and Prevention of Disease Transmission as
prescribed by the State of New Hampshire Department of Health and
Human Services. Also required is a statement signed by a licensed
physician, licensed advance registered nurse practitioner or licensed
physician' s assistant stating that they have examined the applicant no
more than 90 days prior to submission of the application and found
him/her to be in good mental and physical health.

3. Each applicant shall be required to have yearly physicals and blood
tests upon application renewal.

4. Each applicant shall be required to demonstrate by examination,
knowledge of aseptic body piercing techniques designed to prevent the
spread of infection and contagious disease. Also shall be required to
demonstrate knowledge of sterilization techniques.



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5. The Artist Certification shall not be transferable from one person
to another. Artist Certification shall be prominently displayed to
the public, at the artist's workstation, in every shop where the
artist practices.

6. A Body Piercing Artist Certification shall expire one (1) year from
date of issuance. Each Artist must submit an application for renewal
30 days prior to the expiration date.

7. An Artist's Certificate may be revoked at any time after due
hearing. An Artist's Certification may be suspended by the Health
Officer, after notice and an opportunity for a hearing, for failure of
the Certificate holder to comply with the requirements of this
Article, or with any lawful notice or order issued pursuant thereto.

8. Not withstanding the other provisions of this Article, if the
Health Officer or any duly authorized representative finds any
unsanitary or other conditions in the operation of a piercing shop,
which constitute a danger to public health and it appears prejudicial
to the public interest to delay action pending a hearing, the Health
Officer may serve an order upon the permit holder or person in charge
citing such condition and specifying the corrective action to be taken
and a time period of less than fifteen (15) days within such action
shall be taken; and such order may state that the permit is
immediately suspended and all body piercing operations are to be
discontinued forthwith. Any person whom such an order is issued shall
comply immediately therewith but as promptly as possible thereafter
and within fifteen (15) days, the Health Officer shall provide such
person an opportunity to be heard.

C. No person shall be granted an establishment license or an artist
license without having first obtained a license from the State of
New Hampshire pursuant to RSA 314-A when and if the State of New
Hampshire requires such license.

Section-S Terms o£ License; Renewal of License; Fees

A. All licenses issued pursuant to this Chapter shall, unless revoked
as set forth hereafter, expire one year following their date of
issue. The requirements for the renewal thereof shall be the same
as for new licenses.

1. Establishment License - A fee of $100/per year/per body
piercing establishment shall be charged. The owner (s) and
business name of the establishment shall be listed as
licensee .

2. Artist License - A fee of $50/per year/per body piercer, shall
be charged for the issuance of a license to operate from a
licensed body-piercing establishment. Each applicant shall,
upon paying the $50 fee, submitting the Health Certificate and
meeting the requirements of this Chapter be issued a separate
license .



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B. Form and Transfer of Permits . All licenses shall be issued in the
name of the individual person applying and shall give the location
and name of the establishment where said applicant will operate.

C. Public Display Permit . It shall be the duty of the owner of the
establishment to display the current Establishment and Artist
License of everyone working at the site in a conspicuous place
where they nay be readily observed by the public.

Section- 6 Body Piercing Procedures

A. Choice of Instruments

1. Pre-sterilized, single-use, disposable needles should be used
every time.

2 . These must be disposed of into sharps containers immediately
after use.

3. Re-useable instruments that are used on areas of the skin must
be made of surgical grade stainless steel and cleaned and
sterilized for re-use on another client.

4. Other instruments that have accidentally come into contact
with the skin or are contaminated with blood must be properly
cleaned and sterilized before further use.

5. Other instruments used in body piercing which must be sterile
are clamps, needle receptor tubes, insertion tapers, forceps,
ring openers, ring closures and any other instrument likely to
come in contact with open tissue or be contaminated with blood
or serum.

B. Piercing Procedures

1. There shall be printed instructions, as approved by the Board
of Health, given to each patron or customer on the care of the skin to
prevent infection after piercing. Such printed instructions shall also
include information for the patron on the care of the opening caused
by piercing as a precaution to prevent infection and to consult the
establishment and/or a private Physician immediately should an
infection become evident. Information should also be provided with
reference to the proper installation of jewelry after cleaning or
changing.

2. A copy of such printed instructions shall be posted, and
provided, in a conspicuous place in the piercing studio clearly
visible to the person being serviced.

3. A piercing artist shall not pierce any person who is under, the
apparent influence of drugs or alcohol.

4. Each artist must wear a clean outer garment and practice
universal precaution for blood borne pathogens.

5. When necessary to shave the area to be pierced, only single
use, sterilized and disposable safety razors shall be used.



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6. In preparation of any piercing the artist shall treat the area
to create a sterile field.

7. The use of single-service nontoxic markers shall be required
for applying an outline to the skin. Multi-use of dressings, markers
or any other items during piercing procedures shall be prohibited.

8. Ear piercing guns and ear-piercing needles are to be used only
for piercing ear lobes.

9. For all body piercing, a single use sterilized disposable
hollow surgical piercing needle of the appropriate gauge to the
jewelry and piercing shall be required.

10. Skin shall be marked with a nontoxic single use marker prior
to cleansing area with antiseptic. The area being pierced must be free
of sores and lesions.

11. Multi use of dressings, markers, gloves, counter and table
linen or any other items for piercing procedures are prohibited.

12. When applied, jewelry should be pushed through the skin
following the needle, in the same direction as the piercing.

13. Studio disinfecting and cleaning should be practiced
following each and every service performed.

14. A sufficient number of sterilized needles, jewelry, and
equipment shall be on hand to supply peak demands.

15. An ultrasonic shall be used to soak and shake equipment prior
to sterilization in an approved autoclave.

16. Sterilization shall be accomplished by holding needles in an
acceptable steam autoclave for 20 minutes at 15 pounds pressure at a
temperature of 250 degrees Fahrenheit or 121 degrees Celsius or other
methods as approved by the State of New Hampshire Department of Health
and Human Services. Chemical soaking, boiling, and dry heat is not
acceptable means of sterilization. Spore tests shall be required on a
monthly basis. A medical laboratory must do tests and results kept in
a journal for review during inspections.

17. Individual jewelry, needles and equipment shall be placed in
chemically treated sealed bags that indicate, by color change,
sterilization has occurred. The date of sterilization and gauge of
jewelry, needles, and equipment type shall be noted on the exterior of
sealed bag.

18. No rusty, defective or faulty jewelry, needles or equipment
shall be used for piercing.

19. Unused, sterilized jewelry, needles and equipment shall
remain in sealed sterilized bags until needed and stored in such a
manner as to prevent contamination. Acceptable sterilization duration
is thirty (30) days. After thirty (30) days equipment needs to be
resterilized.

20. Upon conclusion of the use of a needle (s) on a patron by a
piercing artist the needle (s) shall be placed immediately into an
acceptable "Sharps" container for storage until final disposal from
the premises. Such disposal shall be with an approved licensed medical
waste company only.

21. All other equipment and instruments used in connection with
the body piercing procedure shall be so designed and of such material
as to be durable, non-toxic, corrosion resistant, smooth and easily
washable. Such equipment and instruments shall be stored clean and in



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a protected manner in bins and drawers and when necessary is
sterilized immediately prior to use.

22. The metals to be used for piercing shall be limited to
surgical steel, niobium and 14 karat gold.



ARTICLE IV
Operating Room Facilities
Section-7 Studio; Sterilization Room

1. Each shop shall have a studio for body piercing, body jewelry and
related services, separate and apart from waiting areas. The workroom
shall not be used as a corridor for access to other rooms. Patrons or
customers shall be pierced only in said workroom.

2. Unnecessary traffic through a workroom is prohibited.

3. Each studio shall be equipped with a hand-washing sink for the
exclusive use of the artist for washing hands and prepping customers.
Each sink shall be equipped with hot and cold running water dispensed
with a mixing faucet with wrist action controls, antibacterial hand
cleaning liquid or powdered soap in suitable labeled dispensers, a
United States Environmental Protection Agency (EPA) approved or
hospital grade germicidal solution, individual hand brushes and
fingernail files for each artist, and approved sanitary towels or
other approved hand drying devices.

4 . Individual work rooms shall be provided with counter areas and
storage cabinetry for jewelry, instruments, ointments, bandages, etc.,
that is of sanitary design and maintained in good repair.

5. Work chairs benches or tables shall be provided for each artist.
Surfaces of the chairs, benches or tables shall be constructed of
materials, which are smooth, non-absorbent, and easily cleanable. The
surfaces of furniture- that come in contact with the body part to be
pierced shall be covered with sterile drapes or single use sanitary
shields .

6. Easily washed, covered receptacles with foot pedals shall be
provided for waste paper and other refuse at each individual
workstation.

7. Piercing Studios shall not be shared with tattoo artists or any-
other service or industry. Sterilization room shall be separate and
apart from piercing studio so as to prevent cross contamination.

8. Piercing Artists may not set up temporary facilities at fairs,
festivals or expositions unless already licensed as a body piercing
artist and written approval is obtained from the Board of Health.



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9. All dirty instruments should be moved through the cleaning area in
one direction so that sterile instruments, clean instruments and dirty
instruments remain separate from one another. Records of monthly spore
tests results of autoclave shall be kept for at least 2 years from
last entry.

10. No animals shall be allowed in any studio.

Section-8 Personal Cleanliness of Body Piercing Artists ; Required
Equipment

Personnel, Health, and Disease Control

1. No person who is known to be infected with any communicable
disease, or who is known to be a carrier of such disease, or who has
suppurating lesions on arms, hands, face or other exposed parts of the
body, shall engage in the practice of body piercing. Each year not
more then ninety (90) days before renewal of Artist Certification
results of a physical examination and blood tests shall be provided to
the health department.

2. The operator, manager or person in charge of the shop shall not
employ any person to engage in the practice of body piercing who is
suspected of being a carrier of such disease or any person who refuses
a physical examination when so directed by the Board of Health.

3. If the operator, manager or person in charge of the piercing shop
parlor suspects that an employee has contracted such disease or has
become a carrier of such disease the operator shall immediately handle
the situation accordingly and notify Health Department if necessary.

4 . Piercing artists shall document prophylaxis against Hepatitis B
Virus (HBV) . Such documentation against HBV shall be a certification
of completed vaccination or laboratory evidence of immunity.

5. The following requirements shall be applicable to employees engaged
in the practice of body piercing:

a. Employees shall wear clean outer garments and footwear;
maintain a high standard of personal cleanliness; and conform to
hygienic practices while on duty.

b. The piercing artists shall wash their hands, for a minimum of
20 seconds, and exposed areas of the arms thoroughly with soap and
warm water in an acceptable hand washing facility before starting work
and as often thereafter as may be necessary.

c. The piercing artist's hands shall be dried by individual paper
towels or mechanical means .

d. Hands shall be covered with a disposable, single service,
vinyl latex examination glove during set up and preparation of skin
being pierced. These gloves must be changed, if they touch any other
person, object or thing such as counters, doors, sinks, and
receptacles during body piercing procedure and for each new customer.



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e. The piercing artist shall keep fingernails clean and neatly
trimmed.

f. The piercing artist shall not wear excessive cosmetics or
excessive jewelry, deemed by the Health Officer to interfere with
proper hand washing techniques, while engaged in piercing procedures.

g. The use of tobacco in any form while engaged in body piercing
procedures is prohibited.

h. There shall be no consumption of food or drink in the work
station areas of the studio.

i. The practice of Universal Precautions shall be used during the
body piercing process as required by the Occupational Safety and
Health Administration's Blood borne Pathogen Rule (OSHA) . This rule
applies to any work place in which one or more employees is engaged in
practices that may present a risk for transmissions of HIV (Aids) or
HBV (Hepatitis B) to the worker.



ARTICLE V
Required Equipment
Section-9 Floors, Walls and Ceilings

1. Floors, Walls and Ceilings - All floors, walls and ceilings in
piercing shops, including doors, windows, skylights and similar
closures and attached equipment such as light fixtures, vent covers,
wall mounted fans and decorative materials, shall be kept clean and in
good repair. Studs, joints and rafters, and metal framework shall not
be left exposed in the workstation area. If left exposed in other
parts of the parlor, they shall be finished as to provide an easily
washable surface.

2. The floor surfaces in the studio and sterilization room area and
toilet rooms shall be of smooth, nonabsorbent materials, and so
constructed as to be easily washable. The floor of the piercing studio
shall be of impervious material. The floor shall be wet mopped with an
approved sanitizer daily.

3. All walls in the studio area and walls in toilet rooms shall be
easily washable; light colored and shall have nonabsorbent washable
surfaces. Concrete blocks or other masonry used in wall construction
shall be finished and sealed so as to provide a washable surface.

4. An acceptable air-cleaning device installed and shall be in good
operation in the studios.

5. Each studio shall contain at least one hundred square feet of
space .



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Section-10 Disposition of Waste Material

A. The body-piercing establishment shall have proper facilities for
the disposition of biomedical waste materials as now defined by
State or Federal regulations and as subsequently defined. (See New
Hampshire Code of Regulations ENVWM 2.604)

B. Sufficient toilet, urinal and hand-washing facilities shall be
accessible to customers, operators and artists within the body
piercing establishment or the building in which said body piercing
establishment is located.

ARTICLE VI

Section-11 Revocation of License

A. Any body-piercing establishment licensed to operate in the Town of
Seabrook and found to be in noncompliance of any of the
requirements of this Chapter may have its license revoked by the
Health Officer or his/her duly authorized agent at the time of
inspection. The Health Officer or his/her duly authorized agent may
revoke a license by providing the holder of the license with a
written description of the ways in which the licensee is in
noncompliance of the requirements of this Chapter.

Section-12 Penalties

A. A first offense revocation of a license for a body piercing


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Online LibrarySeabrook (N.H.)Annual reports of the Town of Seabrook, New Hampshire (Volume 2000) → online text (page 7 of 15)