3701-9-04 General safety and sanitation standards.

(A) A business offering tattoo or body piercing services shall comply with the following provisions.

(1) The premises in which tattooing or body piercing is conducted shall have an area of at least one hundred square feet. The floor space for each individual performing tattoo or body piercing services shall have an area of at least thirty six square feet. These areas shall be separated from each other and from waiting patrons or observers by a panel or by a door. Complete privacy should be available upon a patron's request.

(2) The entire procedure room and equipment shall be maintained in a clean, sanitary condition and in good repair.

(3) The tattoo or body piercing business shall be equipped with artificial light sources equivalent to at least twenty foot-candles at a distance of thirty inches above the floor throughout the establishment. A minimum of forty foot-candles of light shall be provided at the level where the tattooing or body piercing is being performed. Spot-lighting may be used to achieve this required degree of illumination.

(4) All floors directly under equipment used for tattooing or body piercing activities shall be an impervious, smooth, washable surface; have a minimum dimension of six feet by six feet and shall be maintained in a sanitary manner at all times. All walls shall be maintained in a sanitary manner.

(5) All tables and other equipment shall be constructed of easily cleanable material, with a smooth, washable finish.

(6) Restroom facilities shall be made available to the employees and customers of the business and must be located within the establishment. The restroom shall be accessible at all times the business is open for operation. The restroom shall be equipped with a toilet, toilet paper installed in a holder, lavatory supplied with hot and cold running water, liquid or granulated soap and single-use towels. Equipment and supplies used in the course of tattoo or body piercing services or disinfection and sterilization procedures shall not be stored or utilized within the restroom.

(7) A lavatory or hand washing sink, with hot and cold running water, liquid or granular soap, and single-use towels shall be located in close proximity of each individual performing tattoo or body piercing procedures.

(8) There shall be no overhead or otherwise exposed sewerage lines so as to create a potential hazard to the sanitary environment of the business.

(9) Sufficient and appropriate receptacles shall be provided for the disposal of used gloves, dressings, and other trash. Each receptacle shall have a lid and be kept closed at all times while not in use.

(10) The operator shall not allow live animals to enter area(s) used for tattoo or body piercing procedures. This requirement does not apply to patrol dogs accompanying security or police officers, guide dogs, or other support animals accompanying handicapped persons.

(11) At no time shall food, or drink be consumed by the operator in rooms used specifically for tattoo or body piercing services.

(12) Smoking or use of any other tobacco product by the operator or the patron shall not be permitted in rooms used specifically for tattoo or body piercing purposes.

(13) All water supplies, waste water disposal systems, solid waste disposal, and infectious waste disposal shall meet requirements of the Ohio environmental protection agency or the Ohio department of health, as appropriate.

(B) Persons approved to operate a business offering tattoo or body piercing services and persons providing ear piercing services with an ear piercing gun shall comply with the following provisions:

(1) Persons performing the service shall not perform such services if:

(a) They are under the influence of any drugs or alcohol;

(b) They knowingly have, in a communicable stage, an infectious or contagious disease, parasitic infestation, exudative lesions or weeping dermatitis.

(2) In accordance with section 3730.06 of the Revised Code, no person shall perform a tattooing procedure, body piercing procedure, or ear piercing procedure with an ear piercing gun on an individual who is under eighteen years of age, unless consent has been given by the individual's parent, guardian, or custodian in accordance with the following:

(a) A parent, guardian, or custodian of the individual under eighteen years of age signs a document provided by the business that explains the manner in which the procedure will be performed, the specific part of the body upon which the procedure will be performed, and the methods for proper care of the affected body part following the procedure; and

(b) A parent, guardian, or custodian of an individual under eighteen years of age appears in person at the business at the time the procedure is performed.

(3) Prior to tattooing or body piercing, the operator who will be performing the procedure shall inquire of a patron for conditions which could affect the healing process. The operator shall not perform a tattoo or body piercing procedure on patrons indicating the presence of such a condition without documentation from a licensed physician indicating acceptance of the patient for appropriate care following the procedure.

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

Promulgated Under: 119.03

Statutory Authority: 3730.10

Rule Amplifies: 3730.06 , 3730.07 , 3730.08 , 3730.09

Prior Effective Dates: 4/30/1998