3701-9-02 [Effective until 9/1/2014] Board of health approval.

(A) In accordance with section 3730.02 of the Revised Code, no person shall operate a business offering tattoo or body piercing services without first obtaining approval of the board of health in the jurisdiction in which the business will operate.

(B) Persons seeking approval to operate a business offering tattooing, body piercing or tattooing and body piercing services shall apply to the board of health of the city or general health district in which the business is located, on forms the board shall prescribe and provide. The applicant shall submit all applicable fees and information the board of health determines is necessary to process the application. Information requested by the board of health as part of the application process shall include, but not be limited to, the following:

(1) If the operator is an individual, his or her name, address, telephone number, business address, business telephone number, and occupation. If the operator is an association, corporation, or partnership, the address and telephone number of the entity and the name of every person who has an ownership interest of five percent or more in the entity;

(2) If the operator does not own the place of business, or if he or she owns only part of the place of business, The name of each person who has an ownership interest of five per cent or more in the business;

(3) Statement of attestation that the operator intends to comply with all requirements established by sections 3730.01 to 3730.11 of the Revised Code and the rules of this chapter.

(4) Plans and specifications of the place of business to clearly show that applicable provisions of the rules in this chapter can be met and shall include the following:

(a) The total area to be used for the business;

(b) Entrances and exits;

(c) Number, location and types of plumbing fixtures, including all water supply facilities;

(d) A lighting plan;

(e) A floor plan showing the general layout of fixtures and equipment;

(f) Listing of all equipment to be used.

(5) Evidence that the operator shall perform the following functions:

(a) The operator shall maintain procedures ensuring that all persons performing body piercing or tattooing services on the business premises have received appropriate training in tattooing or body piercing, as evidenced by:

(i) Records of completion of courses or seminars in tattooing or body piercing offered by authorities recognized by the board of health as qualified to provide such instruction;

(ii) Written statements of attestation by individuals offering tattoo or body piercing apprenticeships that the person has received sufficient training of adequate duration to competently perform tattoo or body piercing services; or

(iii) Other documentation acceptable to the board of health.

(b) The operator shall maintain procedures ensuring that all persons performing tattooing or body piercing services for the business shall have received training, as evidenced by records of completion, courses or seminars provided by licensed physicians, registered nurses, organizations such as the american red cross, accredited learning institutions, appropriate governmental entities, or other authorities recognized by the board of health as being qualified to provide training in the following:

(i) First aid;

(ii) Safety and sanitation requirements for preventing transmission of infectious diseases;

(iii) Universal precautions against bloodborne pathogens;

(iv) Appropriate tattoo and piercing aftercare.

(c) The operator shall maintain written records of equipment utilized by the business, including manufacturer and model numbers;

(d) The operator shall maintain procedures acceptable to the board of health ensuring that persons performing tattooing or body piercing services on the premises of the business shall disinfect and sterilize all non-disposable equipment or parts of equipment used in performing procedures, by utilizing methods meeting disinfection and sterilization requirements in accordance with rule 3701-09-08 of the Administrative Code;

(e) The operator shall maintain procedures ensuring the performance of weekly biological monitoring tests of the business's heat sterilization devices, to ensure that the devices thoroughly kill microorganisms. In accordance with division (A)(5) of section 3730.09 of the Revised Code, these procedures shall include:

(i) Maintenance of a log of all tests performed, the date of each test and the name of the person or independent testing entity performing the test; and

(ii) Procedures for remedial action on the part of the operator to assure compliance with all sterilization requirements in accordance with rule 3701-09-08 of the Administrative Code, in the event a test indicates a heat sterilization device is not functioning properly.

The operator shall maintain records of each test performed for at least two years.

(f) The operator shall maintain procedures ensuring the general health and safety of all individuals employed by the business.

(g) For each tattoo service performed by the business, the operator shall maintain a written record of dye colors, manufacturer, and any available lot number or other identifier of each pigment used.

(6) The operator shall identify any previous, current or similar approvals held by the operator for tattooing and piercing services.

(7) The operator shall provide evidence and documentation of all applicable fee payments, inspections and approvals required by this chapter of the Administrative Code and shall post current approval in a conspicuous manner on the business premises.

(C) A board of health shall conduct at least one inspection of a business prior to approving it under section 3730.03 of the Revised Code. The board may conduct additional inspections as necessary for the approval process.

(D) A board of health that determines, following an inspection conducted in accordance with section 3730.04 of the Revised Code and the rules in this chapter, that a business meets the requirements for approval shall approve the business. Approval remains valid for one year, unless earlier suspended or revoked under section 3730.05 of the Revised Code and rule 3701-9-09 of the Administrative Code.

(E) In accordance with section 3730.04 of the Revised Code, the operator shall give the board of health access to the business premises and to all records relevant to an inspection.

(F) Approval is not transferable. Any permanent change in address or change in ownership shall require the operator to apply for approval, with payment of all fees established by the board of health.

(G) The board of health in the jurisdiction in which a tattoo or body piercing business shall operate may approve such business for the purposes of operating on a time-limited basis, in conjunction with a specific event. Time-limited body piercing and tattooing establishments may be permitted at such events as fairs, and other time-limited gatherings of people, if the board of health determines that the operator can substantially meet provisions contained in these rules. For the purpose of this approval, the following shall occur:

(1) Businesses having current approval from a board of health shall apply for time-limited approval from the board of health in the jurisdiction in which a specific, time-limited event shall take place. The applicable board of health may accept the business's current approval as evidence of substantial compliance with provisions contained in these rules. While accepting the approval of another board of health, the board of health in the jurisdiction in which a tattoo or body piercing business seeks time-limited approval shall conduct an inspection of the site in which the operator intends to conduct the time-limited business to ensure that local standards will be met.

(2) Businesses which do not have current approval from a board of health, or Ohio businesses in jurisdictions from which approval is not accepted by the board of health in which time-limited approval is being sought, shall apply for time-limited approval from the board of health in the jurisdiction in which a specific, time-limited event shall take place. The applicant shall submit all applicable fees and information the board of health determines necessary to process the application.

(a) Information requested shall assure the board of health being requested for time-limited approval that the business is capable of meeting the provisions of these rules.

(b) In addition to reviewing information submitted by the business, the board of health in the jurisdiction in which a tattoo or body piercing business seeks time-limited approval shall conduct an inspection of the site in which the operator intends to conduct the time-limited business to ensure that local standards will be met. The board of health shall take into consideration the use of resources utilized to promulgate provisions of this paragraph when

(H) The approval of a business may be renewed annually by a board of health in the jurisdiction in which the business will operate. Renewal will occur following an annual inspection, assurance that all conditions set forth by sections 3730.01 to 3730.11 of the Revised Code and the rules of this chapter have continued to be met, and the payment of fees set by the board have been received.

R.C. 119.032 review dates: 03/14/2008 and 03/01/2013

Promulgated Under: 119.03

Statutory Authority: 3730.09 , 3730.10

Rule Amplifies: 3730.03 , 3730.04

Prior Effective Dates: 4/30/1998