Ord 11-2012 3/6/2012 ORDINANCE NO. 11-2012 ,- Formatted:Underline
Ordinance Amending Article IX, Body Art, of Chapter 26 and
Section 48-86 of the Code Of Ordinances Of The City Of Wichita
Falls; Providing A Penalty Of Up To $2,000 Per Violation, And
Providing For Codification
WHEREAS, the Health District has recommended and the City Council finds that
the following revisions to the City's Body Art ordinance are intended to reduce the
spread of contagious diseases, and protect public health and safety.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1.Article IX, Body Art, of Chapter 26
Article IX, Body Art, of Chapter 26 of the Code of Ordinances of the City of
Wichita Falls is hereby amended to read as follows:
ARTICLE IX. - BODY ART
Sec. 26-801. - General provisions.
(a) Purpose. The purpose of these rules is to protect the health of the public by
establishing standards for the prevention of disease that may be associated with
body art procedures including but not limited to tattooing and holy
These rules shall be interpreted and applied to protect the public health.
(b) Rules of the state board of health adopted The city adopts by reference the
provisions of the current rules or the rules as amended by the State Board of
Health found in 25 Texas Administrative Code, §§ 229.401-229.413, 161-474
and Regulations, \/T� Health and Safety §§Code 146m n 146.011.
Sec. 26-802. - Definitions. ��` Y�
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:
Antiseptic means an agent that kills disease causing microorganisms on human skin or
mucosa.
Apprentice means a person who is engaged in learning and working in the profession
of tattooingbody art under the direct supervision of a licensed tattoo artlstsponsorless ,
and who i& nhas a written agreement with the sponsor providing for his/her training in
accordance with this ordinance for e period-of na longer than-one year.
" prenticeship Agreement' means a written agreement,- re#erenced on the
apprenticeship action form This constitutes an aweement between the
aapprenfGeship--sponsor and thean apprentice outlining the terms of the
apprenticeship.
ordonanGe and who assumes full responsibility-of the_appr,e_n,#G_e,.
Body art means the practice of physical body adornment by permitted establishment&
and operators u tilizinn,including but not limited to, the following to Ghniques: body
piercing, tattooing, and cosmetic tattooing. Piis definitionBody art does not include
branding and scarification or practices that are considered medical procedures by a
state medical board, such as implants under the skin.
Body art establishment means any place or premise where body art,
whether or not for profit, are is performed.
Body piercing means the creation of an opening in an individual's body, other than in
an individual's earlobe,to insert jewelry or another decoration.
an7,_method of_pieFGing the skin n_�_o_mgi-n-osa eX.Gepft_an ear lobe in order to plane any
objeGt inGluding, but not limited , rings, studs,
bars or other forms of approp
jewelry through the chin OF MUGosa
J
Client means a person who receives a body art procedure on some part of his own
body.
Contaminated means not sterile or no longer sterile.
Contaminated waste means any liquid or semi-liquid blood or other potentially
infectious materials; contaminated items that would release blood or other potentially
infectious materials in a liquid or semi-liquid state if compressed; items that are caked
with dried blood or other potentially infectious materials and are capable of releasing
these materials during handling; contaminated sharps and pathological and
microbiological wastes containing blood and other potentially infectious materials, as
defined in 29- Code of Federal Regulations Part 1910.1030, known as "Occupational
Exposure to Bloodborne Pathogens."
Cosmetic tattooing means the practice of depositing pigment into the epidermis,
utilizing needles, which is either permanent, semi-permanent, or temporary by someone
other than a state licensed physician. Cosmetic tattooing shall also mean the same as
permanent cosmetics, dermagraphy, micro-pigmentation, permanent color technology
and micro-pigment implantation.
Department means the Wichita Falls-Wichita County Public Health District or its-its
authorized representatives having jurisdiction to promulgate, monitor, administer and
enforce these regulations.
Director means the director of the Wichita Falls-Wichita County Public Health District or
theirhis authorized representative.
Disinfection means the killing of disease-causing microorganisms,
on inanimate objects or surfaces.
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 art establishment.
Hand sink means a lavatory equipped with hot and cold running water under pressure
and.used solely for washing hands, arms or other portions of the body.
Hot water means water, which is at a constant temperature of at least 100' F and
sufficient in capacity to meet the peak water demands of the body art establishment.
Instruments means hand pieces, needles, needle bars, an=„ of„or
instrumentshemostats, forceps, pliers, and other items that may come in contact with a
client's body fluid du i,ngor possible exposure to bodily fluids during body art
procedures.
invasive means entry into the body, either by inGision or insertion, of an instrument into
.or through the ski r n o_�o�_m�oi irnsa or by any other means intended to noomp oomiseThe c�4in
OFMUGosa.
Licensee means a person who holds a license issued under this article.
Operator means any person who controls, operates, manages, conducts, performs or
practices body art activities at a body art establishment and who is responsible
G®. pl an Ge with these regulations whether the person aGtually performs body �rf
an-tivoties or lot.
Permit means written approval by the department to operate a body art establishment.
Approval is given in accordance with these regulations and is separate from any other
licensing requirements that may exist.
Permittee means a person who holds a permit issued under this article.
Person means a natural person, any form of business or social organization and any
other non-governmental legal entity including but not limited to a corporation,
partnership, limited liability company, association,trust, or unincorporated organization.
Procedure surface means any work area or any surface that comes in contact with any
part of the client's unclothed body during a body art procedure or any associated work
which m require sanitizing.
Sanitize/sanitatien means the PFOGedure by MiGh o treats the—a surfaces—of
equipmen using a product registered with the United States Environmental Protection
Agency and-which has been approved by the department as being effective in reducing
the number of micro-organisms to a safe level.
Sharps means any sterilized object that is used for the purpose of penetrafinnmay
purposefully or accidentally cut or penetrate the skin or mucosa including, but not
limited to, needles, scalpel blades, and razor blades.
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
intern_naatmo «tinnal International 'hinh�.oha-7ar��rd' Biohazard symbolSymbol.
Single use means pr U^fcSr ifs of are intended for one time one person use and
are disposed of after use on eaGh Glien articles intended for one-time, one-person use
and which are to be discarded after such use including, but not limited to, cotton swabs
or balls,tissues or paper products, paper or plastic cups, gauze and sanitary coverings,
razors, piercing needles, scalpel blades, stencils,ink cups, and protective gloves.
Sponsor means a licensed body art operator who is approved to conduct
apprenticeship training in accordance with this ordinance and who assumes full
responsibility for any apprentices.
Sterilization means destruction of all forms of microbiotic life, including spores.
Tattooing means the practice of producing an indelible mark or figure on the human
body by scarring or inserting a pigment under the skin using needles, scalpels, or other
relatedeguipment. The term also means the indelible mark or figure itself, and
includes the application of permanent cosmetics.
an_method of planing ink nr-�.�c or_oi�nfhe.r pigment into
� o�_g-�r i index the chin OF mi hose by the aid
of needles or any other instruments used to punGtUre the skin, resulting On perma
n-olnration of the chin or mi irnca This inrli des all forms of rncmetir tattooing
Under direct supervision of a physician means a person employed by and working in
the office or clinic of a physician, where the
treatment being performed is ordered by a physician.
Sec. 26 803. - Body opera#rrequirements and professional standards.
(a)Te fol'��llo`o"d:^.^y-_informT,�,-matiorrfi.,n shall be rho kept on file on the premise f o holy or+
establishment-and auailable far-inspection-by-the-department for-a-rninirnum of
three-�e-y-earcr.
(1) Operators: The na,rnes of each operator/_r/ technician i.,��_�r_ theestablishment
and-their evert duties, inrludinn the following information•
a Fell name
b. Rate of�rbi birth;
P.Gp_d-renr�er•
d. H6rne-address;
P. Hone/work phone numbers;
f Identification photo
(2)€Stabli-sh.r ant.- The name of_�rr�--cthe establishment, inriz--n�vrc��.Qi.ny^-the follo�v.00 nog
information:
a. Hours of operation;
b. Oymer's narne and address.
or lot numbers if available or applicable for the follo\n/Ino itemr
a Instri iments;
b. Body jewelry;
GShmrp-.s-r;
d. Inks used for body art proredur.es;
.e 4. ropy of these regulations
(c) It shall be unlawful for any person to perform body art pr®Gedures unless such
procedures a performed in a body art establishment with a current permit
(d) The operator must be a minimum of eighteen years of age.
(e)Smoking, eati nger drinking is prohibited ,, the area where body-art i
performed.
()it shall he to perform a body art nrnredure on any pp-..-qn-.._oni9ho its un�_�ae-F
the influenGe of a!Gohol or drugs.
(g) The operator shall maintain a high degree of personal Gleanliness, Gonform to
gienio n'-o-_pra-GtiGes, and—wear—Glean r�_�oo.��-�cn+hes Men performing body ad
PFOGedures. Before performing body art ' the operator mi
thoroughly wash hands in hot running water with liquid- an+imiorobial soap and
then Finse hands and dry with disposable paper towels. This shall be done as
often as necessary to remove rnn+aminan+s
(h) in performing body art nrnrediiurees the operator _col �niear__disposable Fne
, , di�-r�rel
gloves. The gloves shall be
at a
after the GOrnpletion of
'T��eaoh nrooere on an individual olien+d-li
i.f, while performing nrnredure the operator's loye is pieFGed, torn—,or
lfnmedia ely. The, rnn+�_r.�.�i.�-�Amineted gloves shall he im�.�mediia.tel_d iisn-aa d-edd- and the
hands washed thoroughly (see (g) above) before a fresh pa 0 r of gloves are
applied- Any item or instrument used- for body art ndhioh is rnn+a minx+e r- d wring
the PFOGedure, shall be removed and replaGed immediately with new ones be
the nrored-��rFre_r.cre s Contaminated waste, as d-af.n.ed- iin__��-rt+his (`a__Coode �noM i�ro�-rh
may release liquid blood or body fluids when GOrnpressed or may release dried
blood- or body fluod-s %ndhen hand-led- must he planed- in an approver- "red-" hag
WhiGh shall be marked With the international boohazard symbol. it shall then
disposed of by a waste hauler approver- by the department.
Sharps_.rear-�ia.l food disposal shall be die disposed of in approved ro rns oms n-«.rr-r+aine-s.
Contamonated
v� o r does whiGh does not release liquid blood or body fluids w
romnressed- waste,
release d-died- blood or -body fluids when handled may
be plaGed in a Govered reGeptaG!e and disposed of through approved disposal
methods Storage of don+amina+ed- Ala on-site shal�_ull__non o+ cvXGeed the perm rr-
speGified by the department or more than a maximum of 30 days-.
(k) The skin of the operator shall be free of
+hol 11.r000g.�i.roal oond-i+ion. No pe.rson or operato'rv.aTff��'pa di+�I.nolth__boils infe
nausea, vomiting, r diarrhea shall work in any area of a body art establishment
in any capacity in which there is-a likelihood of contaminating the body art
establishment, supplies, or working surfaces with pathogenic organisms.
(1) Proofshall be provided upon request of+�,th`e department that all operators�ave
either completed or were offered and declined- in writing, the Hepatitis B
vaccination series; that antibody testing has revealed that the employee
imm-n�_«to 1--1...titisB; orha�that the vaccine is o�nn+rai.ndin-ginrJioated fn�or_irneddi�o-at
reasons. GontraindiGation requires a dated and signed physician's statement
speGifiii�-1.in9«,e ame n��.��_of_��-�c+he employee, and it must state that the yaooine oannn+
be given.
Sec. 26-804803. - Exemptions.
(a) Physicians licensed by the State of Texas and their employees, who utilize body
art Procedures as part of patient treatment, are exempt from these regula+inns
(b) Individuals who pieFGe only ear lobes are exempt#orn these regulations when
0 s demonstrated that equipment, supplies or jewelry that come into contact with the
n-uStB.mer's-ear lobe are sterile, and that the operators' hand-s that onme into onn+ao+
with equipment, jewelry or the clients' skin surface are Glean and disposable Fried
Individuals who
examination type gloves are used— use ear piercing guns must conform
to the manufacturer's directions on use and applicable U.S. Food and Drug
AdMinis+ra+inn requirements--.
(a) This article does not apply to:
(1) a medical facility licensed under other law or procedures performed in
that facility;
(2) an office or clinic of a person licensed by the Texas State Board of
Medical Examiners or procedures performed in that office or clinic;
(3) a person who performs only ear piercing; or
(4) a facility in which only ear piercing is performed.
Sec. 26-805804. - Public notification requirements.
(a) Every operator shall give Verbal all verbal and written public educational
information, approved by the department, to ail
every clients wanting to receive a body art procedures}.
(b) Upon completion of a body art procedure, The-the operatorupon completion n
the Procedureshall provide verbal and written instructions, as approved by the
department, to each client for the care of the body art procedure site, to each
client. The written instructions shall advise the client to consult a physician at
the first sign of infection and shall contain the name, address and phone number
of the establishment. These documents shall be signed and dated by both
par#iesthe operator and the client._,-, with-aA copy shall be given to the client and
the operator shall retaining the original with all other required records.
(c) in addition, aAll establishments shall prominently display a disclosure
statement, provided by the department, which advises the public of the risks and
possible consequences of body art services. The facility permit holder shall also
post in public view the name, address and phone number of the department and
the Texas Department of Health!OGallstate department having urisdi^4ion nver
this prsgf-am,and the procedure for filing a complaint. The disclosure statement
and the notice for filing a ^^mom „pliant-complaint shall be in the
provided in writing to each client.
Sec. 26-806805. - Client information and records.
(a) Prior to performing body art on a client, the operator shall require the client to
present a valid, government issued, positive identification card including, but not
limited to a driver's license, passport, or military identification. A copy of the
provided identification shall be contained in the client file. The identification
must contain a photograph of the individual and a printed date of birth.
(ab) Prior to performing body art on a client, the operator shall obtain a verbal or
written statement to deter,,,,.,„rn,ineas to whether the client falls within one or more of
the following risk group categories (to proteGt Gonfidentiality, the Glient must not
he ached to spe^i fy the rich group):
(1) History-The client has a history of jaundice or hepatitis;
(2) History-The client has a history of AIDS, or has had a positive HIV test;
(3) Histsry-The client has a history of skin disease or skin cancer at the
proposed site of servicethe body art;
(4) HisterThe client has a history of allergies-or, anaphylactic reaction to
pigments_,-or dyes,or other sensitivities;
(5) The client is Ttaking medications which interfere with blood clotting,
such as anticoagulants, which thin the blood (interfere with blood
slotting); or
(6) Histery-The client has a history of hemophilia.
(c) �'�The operator shall then ask client to disclose verbally or in writing any
other known medical condition or history that could influence or impair the
healing process.
(bd) The client shall sign a written statement, also signed by the operator, that the
above statements-areinformation provided regarding risk group categories and
known medical conditions and history is true and complete to the client's best
knowledge and ability.
(oe) Each operator shall keep a records of a44—each body art procedures
adrninister-edperformed: Ons4ud+ng to include:
(1) The-nName, address, and home-telephone number of the client;
(2) Client's age, date of birth and type-copy of identification provided to the
establishment;
(3) The date the procedure was performed;
(4) Name of operator who performed the procedure(&);
(5) The Ieoation-area op-of the body where the procedure was performed;
(6) CinnThe signature of client.
(df) If the client is a minor, the parent, managing conservator or guardian must be
physically present during any body art procedure.=t The parent, managing
conservator or guardian must execute an affidavit stating that the person is the
parent, managing conservator or guardian of the individual on whom the
tattooing-body art is being performed; and must provide written and notarized
consent by the individual's parent, managing conservator or guardian which
shall contain:
(1) The full name, address, and telephone number of the client;
(2) The full name address, and telephone number of the parent, managing
conservator or guardian;
(3) The Iesatien-onarea of the body and the specific body art procedure for
which consent is grantedthat gay yaye pFGGe Ji irc app4e ; and
(4) The signature of the minor and the signature of the parent, managing
conservator, or guardian.
(e) Nothing On this section shall be construed to rrequi�,,, she operator to perform as
body art procedure upon a client
Sec. 26-8G7806. - Records retention.
The body art establishment shall keep a record of all persons who have had body art
procedures performed. Client records shall be confidential. The person receiving-a
body eh procedure must present at the time of tattooing or body piercing a valid
government issued, positive identifiGation Gard including, but not limited to a dri
license, passport, or military identification; a GOPY of the provided identifin-ation shall be
attached to the application. The identifiGation Must contain a photograph of the
individ-l-laal and a printed date of birth. For tattooing procedures the ren-ord shall inglu'de,
the speGifiG GOlor(s) applied, and, when available, the rnanufaGtUrer OF catalogue
of two most recent years on site and up to five years made available to the department
upon rrequgvt-
(a) The following information shall be kept on file on the premises of a body art
establishment for a minimum of three years and shall be readily available for
inspection by the department:
(1) The identification of each operator in the establishment, including the
following information:
a. Full name,
b. Date of birth
C. Gender;
d. Home address;
e. Home and work phone numbers;
f. Identification photo; and
q. Duties.
(2) The name of the establishment, the hours of operation, and the
proprietor's name and address.
(3) A complete description of all body art procedures performed, including the
clients' files and, for a tattoo procedure, the specific color(s) applied, and,
when available, the manufacturer or catalogue identification number of
each color.
(4) A full inventory (including the manufacturer and serial or lot numbers, if
available or applicable)for the following items:
a. Instruments;
b. Body jewelry;
C. Sharps; and
d. Inks used for body art procedures;
(5) A copy of these regulations.
(6) Records regarding each employee that show one of the following:
a. Proof that the employee has completed the Hepatitis B vaccination
series;
b. A statement that the employee was offered and declined in writing
the Hepatitis B vaccination series;
C. A statement that antibody testing has revealed that the employee is
immune to Hepatitis B; or
d. A dated and signed physician's statement specifying that the
Hepatitis B vaccination series is contraindicated in a particular
employee for medical reasons.
(b) Client records shall be confidential.
Sec. 26-888807. - Preparation and care of the body art area.
(a) Before performing a body art procedure, the skin of-and surrounding area where
the body art procedure is to be placed shall be washed with antimicrobial soap,
or if appropriate the client shall be provided iodine with which to cleanse the
area, depending on the type of body art to he performed2nd any washinq pad
shall be discarded after use on a single client.
(b) If shaving is necessary, disposable razors or safety razors with single ser-viGe
use blades shall be utilized. Single use blades shall any, then be discarded after
each use and the reusable holder shall be autoclaved after each use. Following
shaving, the skin and surrounding area will be washed with antimicrobial soap
and the washing pad shall be discarded after a single use.
(bc) Th, -If the skin of the person receiving a body "t proced client shall-beis not
free of rash, infection, or any other visible pathological condition, no body art
procedure may be performed. No person affected with boils, infected wounds,
open sores, abrasions, exudative lesions, acute respiratory infection, nausea,
vomiting, fever or diarrhea shall receive a body art procedure until such
condition is resolved or documentation is presented to the operator to assure
that there is not a likelihood of disease contagion.
(sd) In the event of blood flow, all products used to check the flow of blood or to
absorb blood shall be single use and disposed of immediately after use.
(d) Written and-verbal instrun-tions regarding the proper Gare of the body art shall he
Sec. 26-99-9808. - Sanitation and sterilization.
(a) The operator shall maintain a high degree of personal cleanliness, conform to
hygienic practices, and wear clean clothes when performing body art
procedures. Before performing body art procedures, the operator must
thoroughly wash his hands in hot running water with liquid antimicrobial soak
and then rinse hands and dry with disposable paper towels. This shall also be
done as often as necessary to remove contaminants.
(b) In performing body art procedures, the operator shall wear disposable medical
gloves. The gloves shall be discarded after the completion of each procedure
on an individual client, if not more frequently.
(c) If, while performing a body art procedure, the operator's glove is pierced,torn, or
otherwise contaminated, the procedures in (a) and (b) shall be repeated
immediately. The contaminated gloves shall be immediately discarded and the
hands washed thoroughly before a fresh pair of gloves are applied. Any item or
instrument used for body art which is contaminated during the procedure shall
be removed and replaced immediately with new ones before the procedure
resumes.
(d) Sharps ready for disposal shall be disposed of in approved sharps containers.
(e) Contaminated waste which may release liquid blood or body fluids when
compressed or may release dried blood or body fluids when handled must be
placed in an approved red bag marked with the international biohazard symbol.
It shall then be disposed of by a waste hauler approved by the department.
(fl Contaminated waste which does not release liquid blood or body fluids when
compressed or does not release dried blood or body fluids when handled may
be placed in a covered receptacle and disposed of through approved disposal
methods. Storage of contaminated waste on-site shall not exceed the period
specified by the department or more than a maximum of 30 days.
(g) The skin of the operator shall be free of rash, infection, or any other visible
pathological condition. No person affected with boils, infected wounds, open
sores, abrasions, exudative lesions, acute respiratory infection, nausea,
vomiting, or diarrhea shall work in any area of a body art establishment in any
ca aci .
(ah) All non-disposable instruments used for body art shall be cleaned thoroughly
after each use by scrubbing with an antimicrobial soap solution and hot water or
with an approved disinfectant, to remove blood and tissue residue, and then
placed in an ultrasonic unit which will be operated in accordance with
manufacturer's instructions_;and aA copy of the manufacturer's recommended
procedures for operation of the unit must be readily available for inspection on
the premises by employees an-and by the department.
(bi) After cleaning, all non-disposable instruments used for body art shall be packed
individually in paper peel-packs and sterilized. All paper peel-packs shall
contain either a sterilizer indicator or internal temperature indicator. Paper peel-
packs must be dated and initialed by the individual responsible for cleaning and
sterilizing equipment, with an expiration date not to exceed 30 days. Sterile
equipment may not be used after the expiration date without repackaging and
resterilizing.
(sj) All non-disposable instruments used for body art shall be sterilized in an
autoclave or in a dry heat sterilizer (if approved by the department). The
sterilizer shall be used, cleaned, and maintained according to manufacturer's
instruction. A copy of the manufacturer's recommended procedures for the
operation of their sterilization unit must be readily available for inspection on the
premises by employees and by the department.
(dk) EaGh holder of a permit to operate a body art establishmenpermittee shall
demonstrate monthly that the sterilizer used is capable of attaining sterilization
by-LhrougJhrnoPAWspore destruction tests. These tests shall be verified through
an independent laboratory at minimmimurrr�� n least once per year. T-h4 No permit shall
n4Dt-be issued or renewed until the department receives documentation of the
sterilizer's ability to destroy spores. These Monthlytest records and laboratory
verification shall be retained by the operator for a period of three years and
made available to the department upon request.
(el) After sterilization, the instrument used for body art shall
be stored in a dry, clean cabinet or other tightly covered sanitizable container
reserved for the storage of such instruments.
(fm) All instruments used for body art shall remain stored in
sterile packages until just prior to performing a body art procedure. When
assembling instruments used for performing body art procedures, the operator
shall wear disposable medical gloves and use techniques to ensure that the
instruments and gloves are not contaminated.
(gn) All inks, dyes, pigments and sharps shall be specifically manufactured for
performing body art procedures and shall not be adulterated or contaminated.
Immediately before applying a tattoo, the quantity of the dye to be used for the
tattoo shall be transferred from the dye bottle and placed into sterile, single use
paper cups or plastic caps. Upon completion of the tattoo, these single cups or
caps and their contents shall be discarded.
(o) Smoking, eating, or drinking is prohibited in the area where body art is
performed.
Sec. 26-84-0809. - Requirements for single use items.
(a) All sharps shall be single use or sterilized prior to use and stored in paper peel
pks. Single use pre-sterilized items shall expire in accordance with the
manufacturer's expiration date. All paper peel-packs shall contain either a
sterilizer indicator or internal temperature indicator. Paper peel-packs must be
dated and initialed by the individual responsible for cleaning and sterilizing
equipment, with an expiration date not to exceed 30 days. Sterile equipment
may not be used after the expiration date without repackaging and
restedMina.Storage criteria is the saame as subsection 26_809(b)
(b) Single use items shall not be used on more than one client for any reason. After
use, all single use needles, razors, rubber bands and other sharps shall be
immediately disposed of in approved sharps containers.
(c) All body art stencils shall be single use and disposable. Petroleum jellies, soaps
and other products used in the application of stencils shall be dispensed and
applied on the area to be tattooed with sterile gauze or in a manner to prevent
contamination of the original container and its contents. The gauze shall be
used only once and then discarded.
Sec. 26-844810. - Requirements for body art establishment premises.
i
,(.a.) Body art establishmentsapplying for a permit after�� r promulgation Of these rudecs
``^ shall submit a GGale drawing and floor plan of the proposed establishment for a
plan review by the department as part of the permit application process
�
(ba) All walls, floors, , and procedure and seating surfaces of a body art
establishment' shall be of such construction as to
be easily cleaned and sanitized after each client. TheyWalls, floors, and
procedure and seating surfaces shall be smooth, non non-absorbent, free of
open holes or cracks, light-colored, washable, and in good repair. Walls, floors,
procedure and seating surfaces and ceilings shall be maintained in a clean
condition. Procedure and seating surfaces shall be sanitized after each client.
(c) Walls, floors, and ceilings shall be maintained On a clean condition.All proced.
SEkr6eS, I-�4® � on�.ra oo�.rr�ni�ll��n +ham cr p nonvEd{ra��rea� ch�lorri..l �hc smooth, non
absorbent, free of open holes OF arks light_nnlnred oshohle nd i
® innluudinn nlient nz_ohAireirs.lb.endhes shell he of su h nnnstnun+inn as to he
easily Gleaned and sanitized after eaGh Glient.
(db) Effective measures shall be taken by the body art operator to protect the
entrance into the establishment i„order to prevent the breeding or presence on
the premises of insects, vermin-and-rodents, and other pests. Insects, vermin,
and rodents, and other pests shall not be present in any part of the
establishment, its _(e) Insects,
rodents, and other pests shall be controlled as snenified in suuhsen+inn (d) above
to minimize their presence:
(1) Within the physical facility and its contents; and
(2) On the contiguous land or property under the control of the permit
holee permitee.
(fc) The presence of insects, rodents, and other pests shall be controlled by:
(1) Routinely inspecting incoming shipments of supplies;
(2) Routinely inspecting the premises for evidence of pests; using methods, if
pests are found, such as trapping devices or other means of pest control,
Land eliminating harborage conditions.
(g.d) Removing dead nr tronner+ hirr+s inserts rnr+ents and other nests Dead or
trapped birds, insects, rodents, and other pests shall be removed from control
devices and the premises at a frequency that prevents their accumulation,
decomposition, or the attraction of pests.
(he) Maintenance tools such as brooms, mops, vacuum
cleaners, and similar items shall be:
(1) Stored so they do not contaminate equipment, utensils, linens, and single
-
seFViGe and single-use articles; and
(2) Stored in an orderly manner that facilitates cleaning of the area used for
storing the maintenance tools.
(if) Maintaining prernisas,-unnecessary iteam&-and litter.-The premises shall be free
of litter and items that are unnecessary to the operation or maintenance of the
establishment such as equipment that is nonfunctional or no longer used-, and
litter.
(jg) No animals of any kind shall be allowed in a body art establishment except
'Cepfin-e animals used by persons I.niifh limitations
(1) animals trained and actively used to assist persons with physical
disabilities,
(2) patrol governmentalagency police dogs accompanying police orsecurity
officers,,in offices and sales and storage areas and
(3) sentry dogs running loose in outside fenced areas, and
(4) E-fish in aquariums, shall be RII�.,00 PCI _in waiting rooms and
nonprocedural areas.
(kh) There shall be a minimum of 75 square feet of floor space for each operator in
the establishment, and body art stations shall be separated by dividers, curtains
or partitions. Each establishment shall have an area, which may be screened
from public view for clients requesting privacy. At a minimum multiple body -rt
stations shall be separated by dividers, r--urtains partitions. Separate roo
for different body art PFOGedures (i.e tattooing and prcrr�_rV ng), 06 required.
(li) The establishment shall be well-ventilated and equipped with an artificial light
source equivalent to at least 20 foot candles, measured three feet off the floor,
for cleaning. At least 100 foot candles shall be provided at the level where the
body art procedure is being performed, and where instruments and sharps are
assembled.
(mj) All body art establishments shall be completely separated by solid partitions or
by walls extending from floor to ceiling from hair salons, retail sale
establishments, or any other such activity, which may cause potential
contamination of work surfaces.
(nk) Outer openings of
a body art establishment shall be protected against the entry of insects and
rodents by:
(1) Filling or closing holes and other gaps along floors,walls and ceilings;
(2) Closed,tight-fitting windows; and
(3) Solid self-closing, tight-fitting doors, except that doors designed for
emergency exit only and which are activated f^ractivate a security alarm
when opened need not be self-closing.
(ol) Subsc^+inn (n) does not app4y ilf a body art establishment opens into a larger
structure, such as a mall, airport, or office building, or into an attached structure,
such as a porch, and the outer openings from the larger or attached structure
are protected against the entry of insects and rodents as per subsection (k), this
shall be deemed to comply with subsection (k).
(p.m) EXGept as spe ified in subsc^+inns (o) and (q) cc^+inn ilf the windows or doors
of a body art establishment, or of a larger structure within which a body art
establishment is located, are kept open for ventilation or other purposes,-or--a
ternporaFy body aFt establishment is not provided with windows and solid doors.
as spec..--d under subsc^+inn (n), the openings shall be deemed to comply with
subsection (k) if they are shall be protected against the entry of insects and
rodents by:
(1) Sixteen mesh to 25.4 millimeters (16 mesh to one inch)screens; or
(2) Properly designed and installed air curtains;or other effective means.
( ) Subse6+inn (�p)__^of this a.e.n-ti^..on_doe not apply if flying insects anrJr�-�d other pests are
absent due to the IOGation of the establishment or other limiting Gondition.
(rn) Exterior walls and roofs, proteGtive barrier. Perimeter The perimeter walls and
roofs of a body art establishment shall effectively protect the establishment from
the weather and the entry of insects, rodents, and other animals.
(so) A separate, readily aGGessible, hand sink with continuous-available hot and cold
running water, under pressure, preferably crriiinncrJ ,nri+h ,n,ris+ or fnn+ nncr�+c.+
Gontrols and supplied with liquid antimicrobial soap, and disposable paper
towels, shall be readily accessible within the body art establishment for each
operator. One hand sink shall serve no more than one oper . In addition,
there shall be a mini�mm urn or��m ^fat least one lavatory, excluding any service sinks,
and one toilet in a body art establishment.
(tp) At least one covered waste receptacle and one sharps receptacle shall be
provided in each operator area and one covered waste receptacle shall be
provided in each toilet room. Receptacles in the operator area shall be emptied
daily and solid waste shall be removed from the premises at least twice weekly.
All refuse containers shall be lidded and kept clean and all bio-hazard items
shall be appropriately marked.
(uq) All instruments and supplies shall be stored in clean, dry, and covered
containers.
(vr) If reusable cloth items are used, they shall be mechanically washed after each
client. Soiled cloth items shall be kept in clean, nonabsorbent receptacles or
clean, washable laundry bags and stored and transported to prevent
contamination of clean equipment, clean utensiisinstruments, and since-se�erViGeVi^e
and-single-use articles. Reusable cloth items shall be mechanically washed with
detergent and dried. The Cleancloth items shall be stored in a dry, clean
environment until used.
Sec. 26-61-2811. - Establishment permit.
(a) No person, firrn, partnership, joint venture, assaGration, business trust,
or any organized group of persons may operate a body art
establishment unless it-he has received a body art establishment permit from the
department.
(b) A permit shall expire one year from the issuance of the permit. Any entity er�son
operating a body art establishment shall obtain a permit from the department
annually.
(c) Any person applying for a body art establishment permit shall submit a scale
drawing and floor plan of the proposed establishment for a plan review by the
department as part of the original permit application process. Permit renewals
must be accompanied by such a drawing if the floor plan changes from the plan
submitted with the original application.
(G) permit shall expire_one-year froorn the rss�nn-oe of_ e .. f�h�� �errmit
'(Cd)) A��rrpermit for a body art establishment shall not be transferable from one place or
person to another.
(e) Permits shall be prominently displayed in the body art establishment and shall
not be defaced or altered in any manner.
A GUrrent body art establishment permit shall be posted On a prominent and
nonspiGUOUs R-rea I.nihere n-lienfs may readily observe if
(f) The holder of a body art establishment permit shall only permit the performance
of body art in the establishment hire bar operators who have complied with the
operator print license or apprenticeship program requirements of this article.
Sec. 26-M812. - Operator license.
(a) It shall be unlawful for a person to practice body art procedures without first
obtaining a license from the director. The city clerk shall refer the application for
the license required under this division to the director of the city county health
district, who shall determine by investigation whether the applicant is a proper
person to receive a license. If the director shall find that the applicant is not
sufficiently skilled in the practice of body arts or-has been guilty of negligence or
misconduct therein to such extent that the health or safety of persons serviced
by himgher would be endangered, or is not over the age of 18, the director shall
refuse to approve the license. No person shall praGtiGe body art PFOGedures
I"nri+hniz1_og.tfir+ first obtaining a license from the_ city rlerkdorer+nr. The fniir le�iels of
mina+in of the foll.,won- The available
licenses are:
(1) Tattoo artistoperator;
artist .,r the period o o longer than one
(2) Cosmetic tattoo operatori+ig; and
(3) Body piercing operator(other than eff.49besj.
(b) The city cl director shall, upon approval of the director of the department,
issue the license required under this division for a period of one year from the
date of approval. The license may be renewed from year to year upon the filing
of a renewal application, I.^ihirh need not repeat the information given in the
original appliGation unless the faGts have and upon payment of a
renewal fee.
(c) The operator license shall be valid from the date of issuance and shall
automatically expire annually at the anniversary from the date of issuance
unless revoked sooner by the department;^ arrnrrJanre,n,i+h cer+inn )C._A1 F
(d) An application for an operator permits-license shall include:
(1) Name..-i
(2) Date of birth..-i
(3) Sex -
(4) Residence..-;
(5) Mailing address;-
(6) Home phone number..-,-
(7) Place(s) of employment as an operator...,
(8) Training andler experience. and
(9) Proof of attendance at a bloodborne pathogen training program-(®r
equivalent), given or approved by the department.
�(e) Th�_�I pp. n "Gantsh.all__de �-�fek nnow edge of the follow ng subfeGt�
` (1�An ato my;
(2) Skin diseases, disorders, and rnndifions_(i nrludil�_��raainrg_vi.abetes)-
( ) Inf�iti-oous d-ris-ease ntr^ol iirJlnGIm-ding waste disposal, han�J-ram.-oouwashing
teGhniques, and sterilization equipment operation methods. Also be able
to explain sanitization disinfection sterol ization methods and techniques
(e) (4) Knowledge of F-aG4itj-facili safety and-—sanitation__kn000rknowledge of_the
above slibients may anatomy, infectious disease control, and skin diseases,
disorders and conditions shall alsa-be demonstrated through submission of
documentation of attendanGe and or completion of courses or successful
completion of an examination approved or given by the department with a
passing grade of 70, attained prior to issuance of the operators per fnit license.
Examples of courses approved by the department innhide Preventing disease
Transmission (ArneFiGan Red Gross) and Bloodborne Pathogen Training (
OSHA)The_department will maintain a list of courses approved for this purpose.
TrainingiGOUrses provided by professional body art organizations) or
associations or by equipment manufacturers may also be submitted for
consideration to comply with this requirement. The director shall make the final
determination as to whether an applicant's training, coursework, or examination
suitably demonstrates the required knowledge.
(f) No operator license shall be issued unless, following reasonable investigation by
the department the body art operator has demonstrated compliance with the
provisions of this section and all other provisions of this Gadearticle.
(g) All operator licenses shall be conditioned upon continued compliance with the
provisions of this section as well as all applicable provisions of this Eadearticle.
(h) All-An operator licenses shall be posted in a prominent and conspicuous area
where clients may readily observe it.
Sec. 26-813.—Apprenticeship program.
(a) A person interested in learning the profession of body art may make application
to the director for a body art apprentice license. An application for a body art
apprentice license shall contain:
(1) Name;
(2) Date of birth;
(3) Sex:
(4) Residence;
(5) Mailing address:
(6) Home phone number;
(7) Proof of attendance at a bloodborne pathogen training program, given or
approved by the department;
(8) An apprenticeship agreement, signed by both the sponsor and the person
applying to be an apprentice; and
(9) Proof of the completion of any other requirements the director shall deem
necessary prior to allowing the person to become an apprentice.
(b) An apprenticeship agreement shall not be sufficient for the purposes of this
article unless it contains:
(1) The name, operator license number, and place of employment of the
sponsor;
(2) All locations where the apprentice will participate in training;
(3) The duration of the apprenticeship,to be for a period of at least one year;
(4) Whether the apprentice will be paid during the apprenticeship, and
whether the apprentice will be an employee or an independent contractor;
(5) A statement that both the apprentice and the sponsor agree to comply
with all applicable state and local laws regarding body art.
(c) No body art operator shall sponsor more than two apprentices at any given time.
(d) When performing body art, an apprentice will clearly identify himself to the client
and the client's parent, managing conservator or guardian if the client is a minor,
and shall have the client sign a written statement demonstrating the client's
awareness that the body art procedure will be performed by an apprentice.
(e) The director is authorized to promulgate such rules as shall be reasonable and
necessary to carry out a body art apprenticeship program.
Sec. 26-814. -Temporary performance of body art.
(a) The director may grant a temporary body art license to a person rather than
requiring that person to obtain a body art operator license under the following
circumstances:
(1) The director has determined that the applicant for a temporary body art
license has been qualified by another jurisdiction to perform body art, and
that the requirements to be so qualified by that jurisdiction are
commensurate with those for a body art operator license under this
article;
(2) The applicant for a temporary body art license is sponsored by a body art
operator licensed under this article;
(3) The applicant will be performing body art only at a permitted body art
establishment where the sponsoring licensed body art operator is
presently employed;
(4) The temporary body art license shall be good for a period of no longer
than fourteen days; and
(5) The director is satisfied that the circumstances under which the applicant
for a temporary body art license will perform body art conform to the
requirements of this article and state law.
(b) In determining whether the issuance of a temporary body art license is
appropriate, the public health and safety shall be the primary concern of the
director. Nothing in this section shall be construed as requiring the director to
issue a temporary body art license.
(d) Any person making application for a temporary body art license shall provide
any and all such information as the director may deem necessary to assist him in
determination whether the issuance of the license is appropriate.
Sec. 26-8U815. -Additional g-rohibitionsprohibitions.
(a) It shall be unlawful for any person to place any tattoo upon a person under the
0 of 18 years or perform any body art procedure upon a person under the age
of 16-18 years without the presence, consent, and proper identification of a
parent,legal custodial rop+managing conservator or legateguardian unless
under the direct supervision of a physician consent or ordered by a court of law.
Nothing in this section is intended to require an operator to perform any body art
procedure on a person under 18 years of age even with the consent of a
parental—era guardian or managing conservator. It shall be unlawful for any
person to tattoo upon a person under the age of 18 years, regardless of parental
consent, except in accordance with Texas Health and Safety Code § 146.012 as
amended.
(b) It shall be unlawful to perform body art on a person who, in the opinion of the
operator is intOXOGated and appears to be the operator has reason to suspect is
under the influence of alcohol or drugs.
(c) It shall be unlawful to performs own, operate, or solicit business as a body art
establishment, or operator without first obtaining all necessary permits, licenses
and approvals from the department.
(d) It shall be unlawful to obtain or attempt to obtain any body art establishment
permit or operator permit-license by means of fraud, misrepresentation, or
concealment.
(e) It shall be unlawful to perform upon a person branding—ands scarification, or
implants under the skin, unless the procedure is considered a medical procedure
by a state medical board and is performed by a licensed physician or practicesthat are considered medical PFOGedures by a state miedicall board, including but
not limited to implants tsunnder the skin.
(f) Temporary body art establishments, events, and mobile units are not allowed.
(g) Temporary body art dernonstrations alre not R_It__�.rlo.A.fed.
(g) It shall be unlawful for any person to perform body art procedures unless such
procedures are performed in a body art establishment with a current permit.
Sec. 26-84-5816. - Suspension or revocation of permits.
(a) Permits and licenses issued under the provisions of this Gode article may be
suspended temporarily by the department for failure of the holder to comply with
the requirements of this Godearticle.
(b) Whenever a permit or license holder or operator has failed to comply oo t"come
into compliance with this article after receipt of any notice issued informing him
of his failure to comply with the requirements of this article under the provisions
of-these-regulations, he must be notified in writing that the permit or license is,
upon service of this notice, immediately suspended. The notice must also
contain a statement informing the permit or license holder or operator that an
opportunity for a hearing will be provided if a written request for a hearing is filed
with the department within ten days.
(c) Any person whose permit or license has been suspended may, at any time,
make written application-request for reinstatement of the permit or license. Such
application shall include a statement signed by the applicant that in his opinion
the conditions causing the suspension have been corrected. Within ten days
following receipt of a written request, OnGluding a—statement signed by the
appliGant that in his opinion the GonditionS Gausing the suspension have been
nnrrc�or.rerote_fcrJ the department shall reinspect the body art establishment or evaluate
documentation provided by an-eperaterthe permittee or licensee. If the director
determines that the applicant is complying with the provisions of this Godearticle,
the permit or license will be reinstated.
(d) For serious or repeated violations of any of the requirements of this chapter
article or for interference with the department in the performance of its duties,
the permit or license may be permanently revoked after an opportunity for a
hearing has been provided by the department. Before taking such an action, the
department shall notify the permit or license holder or operator in writing, stating
the reasons for which the permit or license is subject to revocation and advising
the permit or license holder or operator of the requirements for filing a request
for a hearing. A permit or license may be suspended for cause, pending its
revocation or a hearing relative thereto.
(e) The department may permanently revoke a permit or license after frve-ten days
following service of the notice unless a request for a hearing is filed with the
department by the permit or license holder within five-ten days of notice.
(f) A notice as required in this subdivision is properly served when it is delivered to
the holder of the permit or license or the person in rharne or when it is sent by a
registered or certified mail, return receipt request, to the last known address of
the holder of the permit or license. A copy of the notice shall be filed in the
records of the regulatory authoritydepartment.
(g) The hearings provided for in this section will be conducted by the director of the
Wirhif�_ ta__F glrFal's-Wichita County Public Health Distint at a time and place
designated by the department. Based upon the record of the hearing, the
director shall make a finding and may sustain, modify, or rescind any official
notice or order considered in the hearing. The department within 20 days will
furnish a written report of the hearing decision to the permit or license holder-or
operator.
(h) Other licensing authorities will be notified by the department of the revocation of
any permit or license.
Sec. 26 816. Fees. (These fees need to be moved to the Fee Ordona
(a) The appliGant for an establishment permit shall pay an annual permit fe
$600.00 due on the anniversary from the date of issuann-e sinless revoker)
sooner by the department. The permit is not transferable from one 10Gatio
ano+r_ tho_rer
(b) The—ope operator "Genre shall be valid from the date of issuann- andShaII
autornatiGally expire annually at the anniversary from the date of issuanGe
unless revoked sooner hv�y thedepartment. The feefor GUGh__pen�ci+s shalrrn-ll__b,
$500.00 initially and$100.00 annually thereafter.
(G) The fees for SUGh permits and IiGenses shall be for a permit issued for a period
of one year.All permits expire oneyear from the+he iss nre date specified nn
the permit as determined by the department. Permits must be aGquired by A
body art establishments by lily 31 20-0-6
w� initial_�o+ecstiing fee of$1 nn nn to he q,,hog.otra rtPd from the $500 nn operator ror license
fee e the test is passed. This Will G er two attempts• a.+ tional attempts Aqill
e QFn nn each and not siih+rar+e rJ from +he QFnn nn operator license fee
Operators have o vear to pass the-test,
Sec. 26-817. - Enforcement.
(a) It shall be a class C misdemeanor punishable by a fine not to exceed $2,000.00
for any violation of or for any failure to perform any duty required by the In_o/.ion r�Qirhi++a
Falls Body Art Ordinanthis article.
(b) A representative of the department shall give a proper identifiGation to make an
insper+inn Ciinh an ilnspections will be conducted as often as necessary during
the—a bodv art establishments' establishment's normal working hours or by
appointment at non-working hours throughout the year to ensure compliance
with this Codearticle.
(c) It is unlawful for any person to interfere with the department or its agents in the
performance of its duties.
(d) A copy of the inspection report must be furnished to the permit holder or
operator of the body art establishment, with the department retaining possession
of the original.
(e) If, after investigation, the department director should find that a permittee or
licensee or operator is in violation of this Codearticle, he may, in theas an
alternative to suspension or revocation, advise the permittee or
operatorlicensee, in writing, of his findings and instruct him-the permittee or
licensee to take specific steps to correct such violations within a reasonable
period of time not to exceed 30 days.
(f) If the department director has reasonable nal lse to suspect that a communicable
disease may be being-transmitted by an operator, use of unapproved or
malfunctioning equipment, or unsanitary or unsafe conditions and I.^fhin-h is
adversely impaGting the health of the publiG, the department-director upon
written notice to the .owner or oper licensee or permitee, is authorized to take
any or all of the following actions:
(1) Issue an order stating the cause for the action and restricting any or all
operators from the body art establishment and from performing any body
art procedure until the department director determines there is no further
risk to public health.
(2) Issue an order stating the cause for the action and to--immediately
suspending the permit of the licensed-body art establishment until the
department director determines there is no further risk to the public
health. .
(g) Nothing in this article shall be construed to require an operator to perform any
body art procedure upon a client.
Secs. 26-818-26-839. - Reserved.
2.Section 48-86
Section 48-86 of the Code of Ordinances of the City of Wichita Falls is amended
to read as follows:
Sec. 48-86.-Body Art Fees.
(a) Annual body art establishment permit fee: $600.00.
(b) Initial annual body art operator license fee: $500.00
(c) Renewal annual body art operator license fee: $100.00.
(d) Initial testing fee: $100.00, which covers two attempts to pass the examination,
and which amount will be credited toward the initial annual body art operator
license fee.
(e) Additional attempts to pass the examination: $50, which will not be credited
toward any license or permit fees.
(fl Apprenticeship fee: $100.00.
(g) Temporary tattoo artist fee: $100.00.
3. Codification
The sections of this ordinance that specify they amend or add to the Code of
Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said
sections of this ordinance may be renumbered or relettered to accomplish such
intention.
PASSED AND APPROVED this the 6th day of March, 2012.
MAYOR
ATTEST:
City Clerk
Affidavit of Publication
THE STATE OF TEXAS #278094
ORDINANCE NO.11-2012 COUNTY OF WICHITA
Ordinance Amending
Article IX, Body Art,
of Chapter 26 and
Section 48-86 of the
Code Of Ordinances
taf Fals; Provfid n�ghA On this 30th day of March 2012 A D...
Penal Ty Of Up To
$2,000 Per Violation, personally appeared before me, the undersigned authority
And Providing For
Codification Kathy Salan, Sales Assistant for the Times Publishing
ORDINANCE
Ordinance
12Am1endin9 Company of Wichita Falls, publishers of the Wichita Falls
Article X, Grease Interceptors, Instal- Times/Record News, a newspaper published at Wichita Falls in
on
Of Waste, Of Chapter > >And Disposal Wichita County Texas and upon being duly sworn by me, on
Of Waste,
106 Of The Wichita
i Falls Code Of Ordi- oath states that the attached advertisement is a true and
nances, Providing A
Penalty Of Up To correct copy of advertising published in One (1) issues hereof
$2,000 Per Violation,
And Providing For on the following date:
Codification
March30, 2201,2
4� !1�P/Q-w'_�
Sales Assistant for Times Publdhing Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
FRANCES TATE
NOTARY PUBLIC
STATE OF TEXAS
My Colilm.Exp.11-12-2012