3701-9-03 Fees.

(A) The approval application, and annual renewal fees for tattoo and body piercing businesses shall be established by the board of health administering and enforcing sections 3730.01 to 3730.11 of the Revised Code and all provisions of this chapter, within the following parameters:

(1) No fee shall exceed the total cost to the board of health to process the application, inspect the business, maintain appropriate records pertaining to the establishment, provide to the operator an approval document for display and provide other services deemed necessary by the board to maintain public health and safety.

(2) All fees collected by the board of health shall be deposited into the health fund of the district that the board serves. The fees shall be used solely for the purpose of implementing and enforcing sections 3730.01 to 3730.11 of the Revised Code and the rules of this chapter.

(3) Each fee established by the board of health pursuant to section 3709.09 of the Revised Code shall be specified in accordance with the following categories:

(a) Tattooing services;

(b) Body piercing services;

(d) Time-limited approval for a specific event.

(B) The board of health shall utilize data from the previous year or approval period to determine the factors specified in this rule to calculate. The actual cost of administering and enforcing sections 3701.01 to 3701.11 of the Revised Code and the rules in this chapter pertaining to tattoo and body piercing. In the absence of such data, the board of health shall use reasonable estimates to provide information to determine the following:

(1) The percentage of time worked in the tattooing and body piercing program by each inspecting staff person employed by the board of health shall be calculated by dividing the amount determined in paragraph (B)(1)(a) of this rule by the amount calculated in paragraph (B)(1)(b) of this rule.

(a) Total hours worked in the tattooing and body piercing program by each inspecting staff person;

(b) The total hours for which each inspecting staff person was paid in the last year;

(2) The total annual wages or salary paid to each inspecting staff person;

(3) The total amount for fringe benefits paid on behalf of each inspecting staff person;

(4) The total travel costs for each inspecting staff person;

(5) The support costs for the program as determined by one of the following methods:

(a) Use of actual support cost items attributable to the tattooing and body piercing program which may include, but are not limited to, the salary and fringe benefits of the health commissioner, the director of environmental health, the director of nursing, supervisory staff, clerical staff, utilities, rent, supplies, equipment, liability insurance, and training.

(b) Use of an indirect cost rate of a percentage, determined by the board, of the wages or salaries and fringe benefits of inspecting staff persons attributable to the tattooing and body piercing program. The wages or salaries and fringe benefits of inspecting staff persons attributable to the tattooing and body piercing program shall be determined for each staff person under paragraphs (B) (3) and (B)(4) of this rule by the percentage for that staff person determined under paragraph (B)(1) of this rule and adding the products;

(c) Application of a negotiated indirect cost rate and calculation method approved by an agency of the federal government for the local health district to the tattooing and body piercing program.

(C) The costs for the tattooing and body piercing program may also include, but are not limited to, the amounts of any known or anticipated increases in costs or expenses for such items as rent, utilities, equipment, and personnel.

(D) The board of health in the jurisdiction in which a tattoo or body piercing business seeks time-limited approval shall take into consideration the acceptance of another jurisdiction’s approval and the number of similar inspections requested within a specific venue when determining an appropriate inspection fee.

(E) The total tattooing and body piercing program costs shall be calculated in the following manner:

(1) For each inspecting staff person, multiply the amount of total annual wages or salary determined under paragraph (B)(2) of this rule by the percentage determined pursuant to paragraph (B)(1) of this rule.

(2) For each inspecting staff person, multiply the fringe benefits determined under paragraph (B)(3) of this rule by the percentage determined pursuant to paragraph(B)(1) of this rule.

(3) For each inspecting staff person, multiply the total travel costs determined under paragraph(B)(4) of this rule by the percentage determined pursuant to paragraph(B)(1) of this rule. As an alternative, the actual travel cost for each inspecting staff person attributable to the tattooing and body piercing program may be used.

(4) Add the amounts determined under paragraphs (B)(5) and (C) of this rule to the totals calculated in paragraphs (E)(1), (E)(2), and (E)(3) of this rule. This total is the cost for the tattooing and body piercing program.

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

Promulgated Under: 119.03

Statutory Authority: 3709.09

Rule Amplifies: 3709.09, 3730.03

Prior Effective Dates: 4/30/1998