§ 12-54. Definitions.

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Administrative body or owner means the partnership, corporation, association, or the person or group of persons who maintain and control or own the body tattoo/body piercing establishment and personnel, and who are legally responsible for the operation of the establishment.

Antimicrobial solution means any solution used to retard the growth of microorganisms approved for application to human skin and includes all products labeled accordingly as approved by the Food and Drug Administration (FDA).

Antiseptic means an agent or substance that will destroy or inhibit the growth and development of infectious microorganisms on human skin or mucous membranes.

Applicant means any person who applies for a body tattoo/body piercing operator permit, guest body tattoo/body piercing operator permit or body tattoo/body piercing establishment permit.

Autoclave or sterilizer means an apparatus, certified to meet generally accepted medical standards, for sterilization utilizing steam pressure at a specific temperature over a period of time per manufacturer's specifications.

Biohazardous waste means liquid or semi-liquid blood or other potentially infectious materials and/or contaminated items, which if compressed, would release blood or other potentially infectious materials in a liquid or semi-liquid state.

Blood-borne pathogens means pathogenic microorganisms present in human blood that can cause disease in humans. These pathogens include, but are not limited to, Hepatitis B virus (HBV), Hepatitis C virus (HCV), and Human Immunodeficiency virus (HIV).

Body tattoo/body piercing means the practice of physical body adornment by means of tattooing or body piercing. This definition does not include practices considered medical procedures by the Georgia Board of Registration in Medicine such as implants under the skin which are prohibited unless such medical procedures are performed by a person licensed by the Georgia Board of Registration in Medicine.

Body tattoo/body piercing establishment means any permanent building or structure on a permanent foundation, holding a valid city or county business license, if applicable, and permit from the county board of health where the practices of body tattoo and/or body piercing are performed whether or not for profit.

Body tattoo/body piercing establishment permit means departmental approval in writing authorizing the administrative body to operate a body tattoo/body piercing establishment for the purpose of engaging in the practice or business of body tattoo/body piercing procedures. Health department approval shall be granted solely for the practice of body tattoo/body piercing pursuant to these regulations.

Body piercing means puncturing or penetrating the skin or mucosa of a client utilizing a single-use sterile needle or other sterile instrument for the purpose of inserting jewelry or other adornment into the body for nonmedical purposes; body piercing includes ear piercing, except when the ear piercing procedure is performed on the ear lobe with a single-use ear piercing gun using sterile materials. (See definition: Single use.)

Cleaning room shall mean the area in a body tattoo/body piercing establishment used in the sterilization, sanitation or other cleaning of instruments or other equipment used for the practice of body tattoo/body piercing and shall be separated from any other area in the facility by means of doors, nonabsorbent curtains, or similar approved partition extending from floor to ceiling or a height of eight feet.

Client or customer shall mean an individual upon whom one or more body tattoo/body piercing activities are to be performed.

Contaminated means the presence or the reasonably anticipated presence of blood, other body fluids, other potentially infectious materials, or potentially harmful chemicals on an item or surface.

Contaminated waste shall mean any liquid or semi-liquid blood or other potentially infectious material; contaminated items that would release blood or other potentially infectious material in a liquid or semi-liquid state if compressed; items on which there is dried blood or other potentially infectious material and which are capable of releasing these materials during handling; sharps and any wastes containing blood or other potentially infectious materials, as defined in the Official Code of Georgia Annotated.

County board of health or health department means the local county board of health, county health department, county health department office of environmental health, district office of environmental health, and/or district health director or any other designee/agent authorized to act on behalf of the local county board of health such as the Georgia Division of Public Health.

Critical item(s) means those aspects of operation or conditions which, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards. Critical violations shall include the following:

(a)

Autoclave that does not meet minimum time, pressure or temperature requirements;

(b)

Lack of a monthly negative spore or microbiological monitoring test for quality control;

(c)

Nondisposable tubes and needles that are not sterilized or were sterilized greater than six months ago;

(d)

Work area that is not equipped or stocked as required;

(e)

Reuse of single-use equipment or supplies;

(f)

Sterile instruments are not properly handled;

(g)

Reusable instruments are not handled properly;

(h)

Employees with infectious lesions on hands not restricted from body tattoo/body piercing procedures;

(i)

Employees not practicing proper cleanliness and good hygienic practices;

(j)

Water supply not approved or hot and cold running water under pressure not available;

(k)

Approved sewage and liquid waste disposal not available or improper disposal of liquid wastes;

(l)

Cross connection allowing back-siphonage present in plumbing system;

(m)

Readily available hand washing and toilet facilities not available for operators and employees;

(n)

Insect and rodent evidence, harborage, or outer opening present;

(o)

Toxic items not properly stored, labeled, or used;

(p)

Unpermitted operator performing tattooing/body piercing;

(q)

Prohibited procedures occurring within establishment.

Decontamination means the use of physical or chemical means to remove, inactivate, or destroy blood-borne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.

Disinfectant means a solution registered as a hospital tuberculocidal disinfectant by the U.S. Environmental Protection Agency (EPA) and is intended to destroy or inactivate specific viruses, bacteria, or fungi on clean, inanimate surfaces.

Disinfection means the destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.

Ear piercing means the puncturing of the outer ear for nonmedical purposes.

Easily cleanable means that surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.

Equipment means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in connection with the operation of a body tattoo/body piercing establishment.

Establishment means the physical location of a business which offers and performs body tattoo/body piercing procedures.

Germicidal solution means any solution approved by the FDA which destroys microorganisms and is so labeled.

Gloves means medical grade disposable single-use gloves labeled for surgical or examination purposes.

Guest operator shall mean a visiting body tattoo/body piercing operator possessing a guest operator permit issued by the health department.

Guest operator permit means the issuance of a seven-day permit by the health department to allow a person to practice body tattooing/body piercing in accordance with these regulations under the direct supervision of a permitted body tattoo/body piercing operator.

Hand sink means a lavatory equipped with hot and cold potable running water under pressure, used solely for washing hands, arms, or other portions of the body. The facility shall include a soap dispenser, soap, and single-use disposable towels on a dispenser.

Imminent health hazard means any condition, deficiency, or practice, as discovered by the environmental health inspector which, if not corrected, is very likely to result in disease transmission, injury, or loss of life to any person.

Informed consent means the health department-approved statement that a client signs prior to receiving a body tattoo/body piercing procedure notifying them of the possible hazards of receiving a tattoo or piercing.

Instruments means hand pieces, needles, needle bars, and other instruments that may come in contact with a client's body or may be exposed to bodily fluids during any body tattooing/body piercing procedure.

Jewelry means any ornament used in any body piercing procedure which is inserted into a newly pierced area. Jewelry used shall be one of the following: Surgical steel that is American Society of Testing Materials International (ASTM) F-138, International Standards Organization (ISO) 5832-1, or ISO 10993-(6,10 or 11) compliant; titanium that is ASTM F-136, ASTM- 67, or ISO 5832-3 compliant; Niobium; solid platinum; biocompatible polymers Tygon, PTPE, or Bioplast; glass such as fused quartz, lead-free borosilicate and lead-free soda-lime glass that can be autoclaved; or solid 14-karat or higher, white or yellow nickel-free gold. Copies of the jewelry manufacturer's documentation, which verify compliance with these standards, must be available for inspection on request.

Microbiological monitoring for quality control means the use of a standard spore, to challenge the sterilization process.

Minor means an individual under the age of 18.

Notification of risk or disclosure statement means a framed, posted health department-approved statement which notifies clients of the possible hazards of body tattoo/body piercing procedures.

Occupational exposure means a specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious materials resulting from the performance of an employee's activities.

Operator means a person at least 18 years of age who performs tattooing or body piercing and who is responsible for complying with applicable provisions of these regulations.

Operator permit shall mean a document issued by the health department pursuant to this body tattoo/body piercing regulation authorizing a person to conduct allowed body tattoo/body piercing procedures.

Personal protective equipment means specialized clothing or equipment, such as gloves or lap cloth, worn by an employee for protection against a hazard. General work clothes not intended to function as protection against a hazard are not considered to be personal protective equipment.

Personnel means the permit holder, any person who performs body tattoo/body piercing, persons having supervisory or management duties, or any other person employed or working in a body tattoo/body piercing establishment. Such an individual may or may not be an operator.

Physician or osteopath means a person licensed to practice medicine in Georgia.

Proof of age means a driver's license or other generally accepted means of identification that describes the individual as 18 years of age or older, contains a photograph, and appears on its face to be valid.

Sanitary means clean and free of agents of infection or disease.

Sanitize means the application of a U.S. EPA-registered sanitizer on a cleaned surface by a process that provides sufficient concentration of chemicals for enough time to reduce the microorganism level, including pathogens, to a safe level on utensils and equipment in accordance with the label instructions.

Sharps means any object, sterile or contaminated, that may intentionally or accidentally cut or penetrate the skin or mucosa.

Sharps container means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal and that is labeled with the International Biohazard Symbol.

Single use means disposable products or items that are intended for one-time, one-person use and are properly disposed of by appropriate measures after use on each client. Single-use items include, but are not limited to, piercing needles, stencils, ink cups, razors, single-use instruments, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, medical grade absorbent liner that is waterproof on one side, and protective gloves.

Solid waste means refuse, garbage, trash, rubbish, and any other item(s) which could cause an unsanitary condition or undesirable health and safety conditions.

Sterilization or sterilize means the use of a physical or chemical procedure by which all forms of microbial life, including bacteria, viruses, spores, and fungi are destroyed including highly resistant bacterial endospores. This is achieved by holding in an autoclave for 15 minutes, at 15 pounds pressure, and at a temperature of 250° Fahrenheit or 121° Celsius, or any equivalent procedure resulting in complete destruction of microbial life including spores.

Sterilized indicator means a tape, strip, bag, or other device designed to change color to indicate that sterilization temperature has been achieved during the sterilization procedure.

Tattoo means to mark or color the skin by pricking in, piercing, or implanting indelible pigments or dyes under the skin. Micropigmentation is included in this definition.

Ultrasonic cleaning unit means a unit approved by the health department with lid, physically large enough to fully submerge instruments in liquid, which removes all foreign matter from the instruments by means of high frequency oscillations transmitted through the contained liquid.

Universal precautions means treating all blood and body fluids as if they contain blood-borne pathogens and taking proper precautions to prevent the spread of any blood-borne pathogens. (See appendix I.)

Utensil means any implement, tool, or other similar device used in the storage, preparation, operation, or processing of body tattoo/body piercing.

Violation correction means a plan for correcting deficiencies in meeting these rules and regulations of the local board of health.

Waste means solid waste, sewage, blood and body fluids or other waste resulting from the operation of a body tattoo/body piercing establishment.

(Ord. of 4-12-2011, § IV)