Tattoo and Body Piercing Ordinance

ALLEN COUNTY
CODE – TITLE 10
ARTICLE 7

TATTOO AND BODY
PIERCING ORDINANCE

WHEREAS,
the State of Indiana has amended the laws concerning tattoos and
body piercing, and

WHEREAS,
tattoo and body piercing operations and procedures are becoming
more and
more common among residents of the State of Indiana and the residents in
Allen
County, Indiana, and

WHEREAS,
the reasonable regulation of the tattoo parlor business and body
piercing facility is in the best interest of the residents of Allen
County, Indiana, and

WHEREAS,
an improperly operated or unclean tattoo or body piercing business
may have serious and detrimental effects upon the citizens of Allen County,
Indiana, and

WHEREAS,
there exists a very real and distinct possibility of the transmission of
serious infectious diseases from the tattooing or body piercing of a
person if a tattoo artist
or body piercer is not sufficiently skilled
and knowledgeable of the dangers associated
with said activity, and

WHEREAS,
the Allen County Commissioners are empowered to protect the health
and safety of the citizens of Allen County, and

WHEREAS,
the Allen County Department of Health can best inspect to oversee the
operation of tattoo or body piercing businesses, and

WHEREAS,
the Allen County Commissioners believe that tattoo and body piercing
business should be licensed and subjected to reasonable inspections of
the Department of
Health, and

WHEREAS,
the Indiana State Department of Health has, pursuant to Indiana Code
16-19-3-4.1, adopted reasonable rules to regulate the sanitary operation
of tattoo parlors
and body piercing facilities, and

WHEREAS,
the Allen County Commissioners desire to adopt an ordinance to
enforce the State Board of Health regulation of the operation of tattoo parlors
and body
piercing facilities in Allen County, Indiana.

NOW
THEREFORE, BE IT RESOLVED THAT THE FOLLOWING ORDINANCE
SHALL BE ADOPTED
AND MADE A PART OF THE PERMANENT RECORDS OF
ALLEN COUNTY, INDIANA that:

CHAPTER 1

SANITARY OPERATION OF TATTOO PARLORS

10-7-1-1	All places, individuals and businesses that offer to affix any type of permanent tattoo or body piercing to a person shall be regulated by this ordinance and shall maintain the premises in which tattoos or body piercing are performed and equipment used in the tattoo or body piercing process in a sanitary manner.

CHAPTER 2

DEFINITIONS

Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

10-7-2-1

Blood means human
blood.

10-7-2-2	Blood borne pathogens means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, the following:
	1.	HBV
	2.	HCV
	3.	HIV

10-7-2-3

Body
piercer means any person who performs body piercing on an
individual.

10-7-2-4

Body
piercing means the perforation of any human body part other than ear lobe for the purpose of inserting jewelry or other decoration or for
some other nonmedical purpose.

10-7-2-5

Cleaned
means removal of all visible dust, soil, or any other foreign material.

10-7-2-6

Contaminated
means the presence or reasonably anticipated presence of blood or OPIM
on an item or surface.

10-7-2-7

Decontaminated
means the use of physical or chemical means to remove,
inactivate, or
destroy blood borne pathogens on a surface or item which
does not
require sterilization 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.

10-7-2-8

Department
means the Fort Wayne – Allen County Department of Health.

10-7-2-9

Facility
means a tattoo parlor or a body piercing facility, or both, which
is any room or space that is mobile or stationary where tattooing or body
piercing, or both, is provided or where the business of tattooing or
body
piercing, or both, is conducted.

10-7-2-10

HBV
means the hepatitis B virus.

10-7-2-11

HCV
means the hepatitis C virus.

10-7-2-12

Health
Commissioner means the duly appointed Health Commissioner
as set
forth in IAC 16-20-2-16. The
Allen County Health Commissioner or
designee shall be designated as the
official in charge of enforcing this
ordinance. The Health Commissioner may designate a representative
in the
health department to perform those duties and responsibilities of
the
Health Commissioner.

10-7-2-13

High
level disinfection means a process that destroys all
micro-organisms,
with the exception of high numbers of bacterial spores.

10-7-2-14

HIV
means the human immunodeficiency virus.

10-7-2-15	Infectious waste means waste that epidemiologic evidence indicates is capable of transmitting a dangerous communicable disease. Infectious waste includes, but is not limited to, the following:
	1.	Contaminated sharps or contaminated objects that could potentially become contaminated sharps.
	2.	Infectious biological cultures, infectious associated biologicals, and infectious agent stock.
	3.	Pathological waste.
	4.	Blood and blood products in liquid and semi-liquid form.
	5.	Carcasses, body parts, blood, and body fluids in liquid and semi-liquid form, and bedding of laboratory animals.
	6.	Other waste that has been intermingled with infectious waste.

10-7-2-16	Intermediate level disinfection means a process that inactivates:
	1.	Mycobacterium tuberculosis;
	2.	vegetative bacteria;
	3.	most viruses; and
	4.	most fungi;
	but does not necessarily kill bacterial spores.

10-7-2-17

Mobile
Facility means a tattoo parlor or a body piercing facility, or both,
which is any moveable room or space where tattooing or body piercing, or
both, is provided or where the business of tattooing or body piercing,
or
both, is conducted.

10-7-2-18

Operator
means any person who controls, operates, manages, or owns any
facility.

10-7-2-19	Other potentially infectious materials or OPIM means the following:
	1.	Human body fluids as follows:
		a.	Semen.
		b.	Vaginal secretions.
		c.	Cerebrospinal fluid.
		d.	Synovial fluid.
		e.	Pleural fluid.
		f.	Pericardial fluid.
		g.	Peritoneal fluid.
		h.	Amniotic fluid.
		i.	Saliva in dental procedures.
		j.	Any body fluid that is visibly contaminated with blood.
		k.	All body fluids where it is difficult or impossible to differentiate between body fluids.
	2.	Any unfixed tissue or organ, other than intact skin, from a human, living or dead.
	3.	HIV-containing cell or tissue cultures, and HIV or HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV.

10-7-2-20

Parenteral
mean piercing the mucous membranes or the skin barrier
through such
events as needle sticks, human bites, cuts, or abrasions.

10-7-2-21

Personal
protective equipment means specialized clothing or equipment
worn
for protection against contact with blood or OPIM.

10-7-2-22

Secure
area means an area that is designated and maintained to prevent
the entry of unauthorized persons.

10-7-2-23

Semi-liquid
blood, blood products means blood, blood products that
have intermediate fluid properties and are capable of flowing in a manner
similar to liquid.

10-7-2-24

Sterilize
means the use of a physical or chemical procedure to destroy all
microbial life, including highly resistant bacterial endospores.

10-7-2-25

Store
means the containment of infectious waste in such a manner as not to
constitute collection, treatment, transport, or disposal.

10-7-2-26	Tattoo means:
	1.	any indelible design, letter, scroll, figure, symbol, or other mark placed with the aid of needles or other instruments; or
	2.	any design, letter, scroll, figure, or symbol done by scarring upon or under the skin.
	3.	any piercing of the mucous membranes or the skin through which needles or other items are inserted for temporary or permanent placement upon a person.

10-7-2-27

Tattoo
artist means any person who provides a tattoo to an individual or
who performs any type of piercing the mucous membranes or the skin
through which needles or other objects are inserted for temporary or
permanent placement.

10-7-2-28

Universal
precautions means an approach to infection control in which all
human blood and certain human body fluids are treated as if known to be
infectious for HIV, HBV, HCV, and other blood borne pathogens.


CHAPTER 3

OPERATOR TRAINING RESPONSIBILITIES

An individual or entity that is a operator shall comply with the following training responsibilities:

10-7-3-1

Ensure
that the training described in the Indiana Occupational Safety and
Health Administrations Bloodborne Pathogens Standard (as found in
29
CFR 1910.1030) is provided to all tattoo artists and body piercers,
anyone employed by the facility, or anyone acting on behalf of the
facility,
who has a reasonably anticipated risk for skin, eye, mucous
membrane,
or parenteral contact with blood or OPIM.

10-7-3-2

Ensure
that training on the handling of infectious waste is provided to all
tattoo artists and body piercers, anyone employed by the facility, or
anyone acting on behalf of the facility who has a reasonably anticipated
risk for skin, eye, mucous membrane, or parenteral contact with blood
or
OPIM.

10-7-3-3

Ensure
that a record of training described in subdivisions (A) and (B) is
maintained, as required under the Indiana Occupational Safety and Health
Administrations Bloodborne Pathogens Standard (as found in
29 CFR
1910.1030) of an individuals participation in the training that is
provided. The record shall be made available to the department for
inspection upon request.


CHAPTER 4

RESERVED FOR FUTURE USE.


CHAPTER 5

OPERATOR RESPONSIBILITIES

10-7-5-1

The
operator shall ensure that tattoo artists, body piercers, anyone
employed by the facility, or anyone acting on behalf of the facility who
has a reasonably anticipated risk for skin, eye, mucous membrane,
or
parenteral contract with blood are provided personal protective
equipment and expendables needed to implement the precautions
required
by this rule and the Indiana Occupational Safety and Health
Administrations Bloodborne Pathogens Standard (as found in
29 CFR
1910.1030).

10-7-5-2

The
operator shall require tattoo artists, body piercers, anyone employed by
the facility, or anyone acting on behalf of the facility who has a
reasonably
anticipated risk for skin, eye, mucous membrane, or
parenteral contact with
blood to provide evidence of compliance with the
universal precautions
education requirements contained in Section 7 of
this ordinance.

10-7-5-3

The
operator shall display a description of compliance with the
requirements contained in subsection (D).

10-7-5-4

The
operator shall display written materials prepared or approved by
the
department explaining universal precautions and patrons rights
under this
rule. These
materials shall include information on how to report violations
of
universal precautions and shall include information regarding the
departments duties to investigate.


CHAPTER 6

OPERATOR POLICIES.

10-7-6-1	The operator shall develop a written policy in compliance with this rule and the requirements of the Indiana Occupational Safety and Health Administrations Bloodborne Pathogen Standard (as found in 29 CFR 1910.1030) that:
	1.	requires the use of universal precautions when performing tattooing or body piercing and any activity or duty that includes any reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or OPIM.
	2.	requires disinfection or sterilization of contaminated reusable items;
	3.	includes the safe handling of infectious waste; and
	4.	provides sanctions, including discipline and dismissal, if warranted, for failure to use universal precautions and/or handle infectious waste safely.


CHAPTER 7

TATTOO ARTIST AND BODY PIERCER MINIMUM TRAINING AND CERTIFICATION REQUIREMENTS.

10-7-7-1	All tattoo artists, body piercers, anyone employed by the facility, and anyone acting on behalf of the facility who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM shall complete the training program that is required under the requirements of the Indiana Occupational Safety and Health Administrations Bloodborne Pathogen Standard (as found in 29 CFR 1910.1030). The programs under this section shall be as follows:
	1.	A blood borne pathogen training session provided by the operator meeting the requirements under the Indiana Occupational Safety and Health Administrations Bloodborne pathogens standard (as found in 29 CFR 1910.1030).
	2.	Any blood borne pathogen continuing education program accredited by a health care licensing entity.

10-7-7-2

All tattoo artists, body piercers, anyone employed by the
facility, and anyone
acting on behalf of the facility who has a
reasonably anticipated risk for skin,
eye, mucous membrane, or
parenteral contact with blood or OPIM must be
trained in the
facilitys policies on the handling of infectious waste.


CHAPTER 8

PATRON RECORDS.

10-7-8-1	Records of each patron shall be maintained for two (2) years. The record shallinclude the following:
	A.	Patrons name.
	B.	Address.
	C.	Age. Age must be verified by two items of identification, one of which must be a valid government issued identification.
	D.	Date of the tattoo or body piercing.
	E.	Design of the tattoo or body piercing.
	F.	Location of the tattoo or body piercing on the patrons body.
	G.	The name of the tattoo artist or body piercer who performed the work.
	H.	Jewelry or other decoration used.
	I.	Parental consent must be in writing when performed on any minor as required by law. IAC 35-42-2-7(e) requires the parent to be in person and provide consent in writing.


CHAPTER 9

ILLNESS

10-7-9-1	Tattoo artists or body piercers who are experiencing symptoms of acute disease that include, but are not limited to:
	A.	diarrhea;
	B.	vomiting;
	C.	fever;
	D.	rash;
	E.	productive cough;
	F.	jaundice; or
	G.	draining (or open) skin infections, boils, impetigo, or scabies;
	shall refrain from providing tattoos or body piercing.


CHAPTER 10

HANDWASHING

10-7-10-1

Handwashing facilities shall be readily accessible in the same
room where
tattooing or body piercing is provided.

10-7-10-2

Hands shall be washed with soap and running water immediately
before
putting on gloves and after removal of gloves or other personal
protective
equipment.

10-7-10-2

Only single use towels shall be used.


CHAPTER 11

PERSONAL PROTECTIVE EQUIPMENT

Appropriate personal protective equipment shall be worn as follows:

10-7-11-1

A clean protective clothing layer shall be worn whenever there is
a
reasonably anticipated risk of contamination of clothing by blood or
OPIM.

10-7-11-2

Masks, in combination with eye protection
devices such as goggles
or
glasses with solid side shield or chin length face shield, shall be
worn
whenever splashes, spray, splatter, or droplets of blood or OPIM
may
be generated and eye, nose, or mouth contamination can be reasonably
anticipated.

10-7-11-3

Disposable gloves, such as surgical or examination type, shall
worn during
the tattooing or body piercing process.
Gloves shall be changed and
properly disposed of each time there
is an interruption in the application of
the tattoo or body piercing,
when the gloves become torn or punctured, or
whenever the ability to
function as a barrier is compromised.
Disposable
gloves shall not be reused.

10-7-11-4

Gloves shall be worn when decontaminating environmental surfaces
and
equipment.


CHAPTER 12

TATTOOING EQUIPMENT

10-7-12-1

Only single use razors shall be used to shave the area to be
tattooed.

10-7-12-2

All stencils shall be properly disposed of after a single use.

10-7-12-3

If the design is drawn directly onto the skin, it shall be
applied with a single
use article only.


CHAPTER 13

NEEDLES

10-7-13-1

Needles shall be individually packaged and sterilized prior to
use.

10-7-13-2

Needles shall be single use only.

10-7-13-3

Needles shall be discarded in sharps containers immediately after
use.

10-7-13-4

Contaminated needles shall not be bent or broken or otherwise
manipulated
by hand.


CHAPTER 14

REUSABLE EQUIPMENT

10-7-14-1

Heating procedures capable of sterilization must be used when
heat stable,
nondisposable equipment is sterilized.

10-7-14-2

Equipment that is to be sterilized shall be put in single-use
packaging.

10-7-14-3	Records must be maintained to document the following:
	1.	Duration of sterilization technique.
	2.	Determination of effective sterility, such as use of a biological indicator, is performed monthly.
	3.	Equipment is maintained as recommended by the owners manual and proof is available that the owners manual recommendations are reviewed monthly.

10-7-14-4

Reusable contaminated equipment shall not be stored or processed
in a
manner that requires any person to reach by hand into the
containers where
these sharp items have been placed.

10-7-14-5	Reusable contaminated equipment shall be:
	1.	placed in puncture-resistant containers;
		a.	labeled with the biohazard symbol;
		b.	leakproof on both sides and bottom; and
	2.	stored in a manner that does not require reaching by hand into the container where the equipment is stored until cleaning prior to sterilization.

10-7-14-6

Contaminated reusable equipment shall be effectively cleaned
prior to
sterilizations or disinfection.

10-7-14-7

Any reusable contaminated equipment that comes into direct
contact, or is
likely to come into direct contract, with an instrument
that penetrates the
skin other than a piercing gun shall be effectively
cleaned and sterilized prior
to use.

10-7-14-8

All sterilized equipment shall not be removed from wrappers or
sterilizer
packaging until immediately prior to use.

10-7-14-9

Any reusable equipment that comes into contact with mucus
membranes
shall be effectively cleaned and sterilized prior to use.

10-7-14-10

Piercing guns shall be cleaned and undergo, at a minimum, high
level
disinfection after each use and whenever visibly contaminated.

10-7-14-11

All reusable equipment that has contact with intact skin shall
undergo, at a
minimum, intermediate level disinfection.

10-7-14-12

All other equipment used during the tattooing or body piercing
procedure shall
be single use, including corks.

10-7-14-13

All body piercers and tattoo artists shall comply with all other
equipment
manufacturers recommendations.


CHAPTER 15

DYES OR PIGMENTS

10-7-15-1

All dyes or pigments in tattooing shall be from professional
suppliers
specifically providing dyes or pigments for the tattooing of
human skin.

10-7-15-2

In preparing dyes or pigments to be used by tattoo artists, only
non-toxic
sterile materials shall be used.
Single use or individual portions of dyes
or pigments in clean,
single-use containers shall be used for each patron.

10-7-15-3

After tattooing, the remaining unused dye or pigment in single
use or
individual containers shall be discarded along with the
container.

10-7-15-4

Any object placed under the skin shall be sterile.


CHAPTER 16

WORK ENVIRONMENT

10-7-16-1

No tattooing or body piercing shall be conducted in any room used
as living
quarters or in any room that opens directly into living or
sleeping quarters.

10-7-16-2	Live animals shall be excluded from areas where tattooing or body piercing is being conducted. This exclusion does not apply to the following:
	1.	Patrol dogs accompanying security or police officers.
	2.	Guide dogs accompanying the following:
		a.	Blind persons.
		b.	Partially blind persons.
		c.	Physically disabled persons.
		d.	Guide dog trainers.
		e.	Persons with impaired hearing.

10-7-16-3

Eating, drinking, smoking, or applying cosmetics, or handling
contact lenses
shall not be allowed in work areas where there is a
likelihood of exposure to
blood or OPIM.

10-7-16-4

Food and drink shall not be kept in areas where there is a
reasonably
anticipated risk of exposure to blood or OPIM.

10-7-16-5

All equipment and environmental surfaces shall be cleaned and
disinfected
after contact with blood or OPIM.

10-7-16-6

Environmental surfaces and equipment not requiring sterilization,
that have
been contaminated by blood, shall be cleaned and disinfected.

10-7-16-7	All work surfaces shall be:
	1.	nonabsorbent;
	2.	easily cleanable;
	3.	smooth, and;
	4.	free of:
		a.	breaks;
		b.	open seams;
		c.	cracks;
		d.	chips;
		e.	pits; and
		f.	similar imperfections.

10-7-16-8	Disinfectant solutions shall be:
	1.	a hospital grade, tuberculocidal Environmental Protection Agency (EPA) registered disinfectant; or
	2.	sodium hypochlorite, five-tenths percent (0.5%) concentration, by volume (common household bleach is ten percent (10%) concentration in water); the solution shall be dated and shall not be used if it is more than twenty-four (24) hours old.


CHAPTER 17

INFECTIOUS WASTE CONTAINMENT

10-7-17-1	Contaminated disposable needles or instruments shall be:
	1.	stored in leak-resistant, puncture-resistant containers, tightly sealed to prevent expulsion, labeled with the biohazard symbol, and effectively treated in accordance with this rule prior to being stored in an unsecured area and sent for final disposal.

10-7-17-2	Infectious wastes that are contaminated sharps or objects that could potentially become contaminated sharps shall be placed in containers that:
	1.	shall be impervious to moisture.
	2.	shall be sufficient strength and thickness to prevent expulsion.
	3.	shall be secured to prevent leakage expulsion.
	4.	shall be labeled with the biohazard symbol.
	5.	shall be effectively treated in accordance with this rule prior to being placed in an unsecured area and sent for final disposal.

10-7-17-3	If infectious waste is stored prior to final disposal, all persons subject to this rule shall store infectious waste in a secure area that:
	1.	is locked or otherwise secured to eliminate access by or exposure to the general public;
	2.	affords protection from adverse environmental conditions and vermin; and
	3.	has a prominently displayed biohazard symbol.

10-7-17-4

Infectious waste shall be stored in a manner that preserves the
integrity of
the container and is not conducive to rapid microbial
growth and
putrefaction.

10-7-17-5

Disinfect reusable containers for infectious waste each time that
they are
emptied unless the surfaces of the reusable containers have
been protected
from contamination by disposable liners, bags, or other
devices that are
removed with the infectious waste.


CHAPTER 18

TREATMENT AND TRANSPORT OF INFECTIOUS WASTE

10-7-18-1

All operators shall
ensure that infectious waste is either treated on-site in
accordance
with this rule or transported off-site for treatment in accordance
with
this rule.

10-7-18-2	A treatment is effective if it reduces the pathogenic qualities of infectious waste for safe handling, is designed for the specific waste involved, and is carried out in a manner consistent with this rule. Effective treatment may include:
	1.	incineration in an incinerator designed to accommodate infectious waste;
	2.	steam sterilization;
	3.	chemical disinfection under circumstances where safe handling of the waste is assured;
	4.	thermal inactivation;
	5.	irradiation; or
	6.	discharge in a sanitary sewer or septic system that is properly installed and operating in accordance with state and local laws.

10-7-18-3	All persons subject to this rule shall:
	1.	transport infectious waste in a manner that reasonably protects waste haulers and the public from contracting a dangerous communicable disease; and
	2.	effectively treat infectious waste in accordance with this rule before it is compacted.

10-7-18-4

The operator shall
ensure that infectious waste, effectively treated or not, is
transported
off-site in compliance with 410 IAC 1-3.


CHAPTER 19

PERMITS

10-7-19-1

Business.
Each facility operation shall obtain a permit from the Fort Wayne
–
Allen County Department of Health.
The permit shall provide the name and
address of the owner of the
business and the name and address of each and
every tattoo artist and
body piercer located at each location.
The cost for this
permit shall be $250.00 and shall not be
transferable. The permit
expires on
December 31 of each year.
Any holder of a permit shall be subject to
inspection as set
forth herein. The Fort
Wayne – Allen County Department of
Health shall provide the appropriate
forms for this permit. Said
permit shall
be posted at the facility in the place where the tattoos or
body piercing are
performed and clearly visible to the public.

10-7-19-2

Mobile facility.
Each mobile facility operation shall obtain a permit from the
Fort Wayne – Allen County Department of Health.
The permit shall provide
the name and address of the owner of the
business and the name and
address of each and every tattoo artist and
body piercer located at each
location.
The cost of this permit shall be $150.00 and shall not be
transferable. The permit
expires on December 31 of each year.
Any holder
of a permit shall be subject to inspection as set
forth herein. The Fort
Wayne – Allen County Department of Health shall provide the appropriate
forms for this permit. Said
permit shall be posted at the mobile facility in
the place where the
tattoos or body piercings are performed and clearly
visible to the
public. In addition, the
date, time and location of the event
where the mobile facility will be
used shall be submitted at least 48 hours
prior to the start time of the
event to the Fort Wayne – Allen County
Department of Health.

10-7-19-3

Tattoo Artist or Body
Piercer. Every person
that desires to perform any
tattoo or body piercing shall obtain a
Tattoo Artist Permit, Body Piercing
Permit or a Tattoo
Artist-Body Piercer Permit from the Fort Wayne – Allen
County
Department of Health. This
permit must be obtained before any
tattoos are affixed or body piercing
done to any person and after the requisite
training.
The applicant must satisfy the minimum requirements as set forth
herein in Section 7. The
cost of said permit shall be $50.00 and shall not be
transferable.
The permit expires on December 31 of each year.
Any holder
of a permit shall be subject to inspection as set
forth herein. The Fort
Wayne – Allen County Department of Health shall provide the appropriate
f
orms for this permit. Said
permits shall be posted at the facility in the place
where the tattoos
or body piercings are performed and clearly visible to the
public.

10-7-19-4

Owner/Operator.
In the event that a facility is a sole proprietorship and
the owner shall also perform tattooing or body piercing for their business,
the owner shall only be required to obtain a business permit as
described
in this section.

10-7-19-5

Guest tattoo artist or
body piercer. Every person that desires to perform
any tattoo or body piercing
within Allen County on a temporary basis shall
obtain a Guest Tattoo
Artist Permit, Guest Body Piercer Permit or a
Guest Tattoo Artist-Body Piercer Permit from the Fort Wayne – Allen
County
Department of Health. This
permit must be obtained before any
tattoos are affixed or body piercing
done to any person and after the
requisite training.
The applicant must satisfy the minimum requirements
as set forth
herein in Section 7. The
cost of said permit shall be $15.00
and shall not be transferable.
The permit shall expire thirty (30) days after
the date of
issuance. Any holder of a
permit shall be subject to inspection
as set forth herein.
The Fort Wayne – Allen County Department of Health
shall provide
the appropriate forms for this permit.
Said permits shall be
posted at the facility in the place where
the tattoos or body piercings are
performed and clearly visible to the
public.

10-7-19-6

Pro Ratio of Fees. In the event that a business, mobile facility,
tattoo artist
and/or body piercer shall apply for a permit any
time prior to June 1 of any
year, they shall be responsible for the
total annual fee as described in this
section.
In the event that a business, mobile facility,
tattoo artist and/or
body piercer shall apply for a permit any
time after June 1 of any year, they
shall be required to pay one half () of the annual fee. All permits shall
expire on December 31 of the year in which
they were issued.


CHAPTER 20

INSPECTIONS

10-7-20-1

The Fort Wayne – Allen County Department of Health shall conduct
inspections of each and every facility and mobile facility located in
Allen County, Indiana. The Fort Wayne – Allen County Department
of Health shall
conduct a minimum of two (2) inspections per year for
facilities and one
(1) inspection per year for mobile facilities.
Additional inspections may be conducted by the Fort Wayne – Allen
County Department of Health as it determines and/or in response to
complaints submitted. The
results of the inspections shall be
provided to each operator. Violations noted by the Fort Wayne – Allen
County Department
of Health shall be corrected immediately.
The
Department shall conduct follow-up inspections to determine
compliance with this ordinance.


CHAPTER 21

PROCEDURES WHEN VIOLATIONS ARE NOTED

10-7-21-1

If, during the inspection of any facility, the Health
Commissioner discovers the
violation of any provision of Allen County
Code, Title 10, Article 7, he/she
shall issue a written report listing
such violations and the remedial action(s)
to be taken.
A copy of said report shall be delivered to the permittee by hand
delivering the report to him/her on-site, or mailing the notice by
Certified Mail
to the address listed by the permittee as his/her/its
mailing address on the
permit application.

10-7-21-2

A copy of the written order shall be filed in the records of the
Department
after appropriate review by supervisory personnel and then
shall be made
available to the public.


CHAPTER 22

PERMIT SUSPENSION/REVOCATION

The Health Commissioner may order the suspension or revocation of any permit issued for a facility, which order shall include the prohibition of any further operation for the following reasons:

10-7-22-1

Interference with the Health Commissioner, or his/her authorized
representatives, in the performance of his/her duties.
Interference
shall be defined as the process of obstructing,
hampering or blocking
the Health Commissioner in the performance of
his/her duties.

10-7-22-2

As a result of the willful and/or continuous violation of any
provision of this
Ordinance.


CHAPTER 23

OTHER PERMIT REVOCATION, SUSPENSION AND IMMEDIATE CLOSURE ORDERS

10-7-23-1	Except as set forth in 10-7-23-1 (A), no suspension or revocation shall be ordered by the Health Commissioner except after a hearing held pursuant to 10-7-24-1.
	A.	Notwithstanding the provisions of 10-7-23-1, whenever the Health Commissioner, or his/her authorized representatives find unsanitary or other conditions, involving the operation of any facility which, in his/her reasonable belief, constitutes an imminent health hazard, he/she shall without notice or hearing, issue and serve a written order upon the permittee requiring the immediate closure of its operations, shall cite the existence of said unsanitary conditions and shall specify the c orrective actions to be taken.
		1.	Such order shall be effective immediately.
		2.	Upon written request to the Health Commissioner, the permittee shall be afforded a hearing on the next business day as set forth in 10-7-24-1.
		3.	The Health Commissioner shall make a reinspection upon the request of the permittee. When the Health Commissioner determines that the necessary corrective action(s) have been taken, operation of the facility may be resumed.


CHAPTER 24

HEARING

10-7-24-1

All hearings required under this section, except those set forth
in 10-7-1-23-1,
shall be held only upon at least ten (10) days written
notice to the permittee
of time, place and nature thereof.
The notice of hearing shall be served upon
the permittee by
leaving, or mailing by Certified Mail, the notice to the
address listed
on the permit application as the permittees mailing address
or such
other address as the permittee shall designate in writing to the
Health
Commissioner.

10-7-24-2

At any hearing required under this Ordinance, the Hearing Officer
shall be the
Health Commissioner or the Health Commissioners
designee. Every person
who is a party to such proceedings shall have the right to submit evidence,
to
cross-examine witnesses and to be represented by legal counsel.
All such
hearings shall be conducted in an informal manner, but
irrelevant, immaterial
or unduly repetitive evidence may be excluded.

10-7-24-3

Upon the conclusion of such hearing, the Hearing Officer shall
enter a final
order, subject to the right of appeal in accordance with 10-7-1-25.


CHAPTER 25

APPEAL

10-7-25-1

Any permittee aggrieved by any final order of the Health
Commissioner shall
be entitled to a review of the final order before the
Fort Wayne – Allen County
Board of Health (Board) by filing a written
request therefore with the Secretary
of the Board within fifteen (15)
days after such final order is issued.

10-7-25-2

Upon the Health Commissioners receipt of such request, the
Board shall
hear the matter de novo in an open hearing after at least
ten (10) days written
notice of the time, place and nature thereof.
(The Health Commissioner and
permittee may agree to a shorter
period of time, if requested by either party.)
The notice shall be issued by the Secretary of the Board to the
permittee
filing the request.

10-7-25-3

The notice of hearing shall be served upon the permittee by
leaving or
mailing by Certified Mail, the notice to the address listed
on the permit
application as the permittees mailing address or such
other address as the
permittee shall designate in writing to the
Secretary of the Board.

10-7-25-4

At such hearing, the same rules of procedure shall apply as set
forth in
10-7-24-2, provided, that upon written request by the permittee
or the
Health Commissioner, the Board shall cause the proceedings before
it to
be recorded by a reporter employed for such purpose, and the same,
together with all papers and documents filed therein, shall, at the
request
of either party, be reproduced by said Board in the form of a
transcript, a
copy of which shall be available to any party.

10-7-25-5

The expense of such proceedings shall be charged to the permittee
who
applied for the review, except that copies of transcripts shall be
at the
expense of the party requesting the same.
At the time the transcript is
requested, the Board may require
the permittee to pay a deposit in an
amount determined by the Board to
be necessary to secure such
expense(s).

10-7-25-6

The Board shall make written findings of facts and shall enter
its final order or
determination of the matter in writing.


CHAPTER 26

ENFORCEMENT

10-7-26-1

It shall be the duty of the Health Commissioner to enforce the
provisions of
this Ordinance. Any
permit issued in conflict with the provisions of this
Ordinance shall be
null and void. A violation of an order issued by the
Health Commissioner or
Board shall be considered to be a violation of this
Ordinance.


CHAPTER 27

VIOLATIONS

10-7-27-1

Whenever the Health Commissioner determines that any facility, or
any other
person, is in willful violation of any of the provisions of
this Ordinance, the Health Commissioner shall furnish evidence of said
willful violation to the
Prosecuting Attorney of Allen County, Indiana
or the attorney for the Board
who shall seek all appropriate legal
remedies against the person(s) violating
said provisions of this
Ordinance.


CHAPTER 28

PENALTY

10-7-28-1

Any person who willfully violates any of the provisions of this
Ordinance shall
be subject to a fine of not more than five hundred
dollars ($500.00) for each
violation. Each day of the existence of any violation of this Ordinance
shall
be considered to be a separate offense.


CHAPTER 29

INJUNCTION

10-7-29-1

The Health Commissioner may bring an action for an injunction in
the Circuit
or Superior Court of Allen County, Indiana, to restrain any
person from
violating the provisions of this Ordinance, to cause such violation(s) to be
prevented, abated or removed.


CHAPTER 30

EXPENSE

10-7-30-1

Any person violating any of the provisions of this Ordinance
shall be liable to
the Fort Wayne – Allen County Department of Health
for the expense, loss or
damage occasioned by reason of such violation,
including reasonable
attorneys fees and costs.


CHAPTER 31

CUMULATIVE

10-7-31-1

The remedies provided in this section shall be cumulative, and
not exclusive,
and shall be in addition to any other remedy provided by
law.


CHAPTER 32

SEVERABILITY

10-7-32-1

Invalidity of any section, clause, sentence or provision of this
Ordinance shall
not affect the validity of any other part of this
Ordinance.


CHAPTER 33

EFFECTIVE DATE

10-7-33-1

This ordinance shall be in full force and effect from and after
12:01 a.m., on
the    28th    day of
February      ,
2001   .

Tattoo and Body Piercing Ordinance

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