Section:
1. Purpose page 1
2. Authority page 1
3. Definitions page 2
4. Exemptions page 6
5. Restrictions   page 6
6. Operation of Body Art Establishments page 7
7. Standards of Practice page 13
8. Exposure Incident Report page 16
9. Injury Reports page 17
10. Complaints page 17
11. Application for Body Art Establishment Permit page 17
12. Application for Body Art Practitioner Permit page 19
13. Grounds for Denial of Permit, Revocation of Permit or Refusal to page 20
 Renew Permit
14. Grounds for Suspension of Permit page 21
15. Procedure for Hearings page 22
16. Severability page 22
17. Fine for Violation page 22
18. Non-criminal Disposition page 22
19. Effective Date                                                             page 22
 

1.  Purpose

Whereas body art is becoming prevalent and popular throughout the Commonwealth; and whereas knowledge and practice of standard/universal precautions, sanitation, personal hygiene, sterilization and aftercare requirements on the part of the practitioner should be demonstrated to prevent the transmission of disease or injury to the client and/or practitioner; now, therefore the Health Department of the Town of Brookline passes these rules and regulations for the practice of body art in the Town of Brookline as part of our mission to protect the health, safety and welfare of the public.
 

2. Authority

These regulations are promulgated under the authority granted to the Health Department under Massachusetts General Law 111, section 31.
 
 

3.   Definitions

Aftercare means written instructions given to the client, specific to the body art procedure(s) rendered, about caring for the body art and surrounding area, including information about when to seek medical treatment, if necessary.

Applicant means any person who applies to the Health Department for either a body art establishment permit or practitioner permit.

Autoclave means an apparatus for sterilization utilizing steam pressure at a specific temperature over a period of time.

Autoclaving means a process that results in the destruction of all forms of microbial life, including highly resistant spores, by the use of an autoclave for a minimum of thirty minutes at 20 pounds of pressure (PSI) at a temperature of 270 degrees Fahrenheit.

Bloodborne Pathogens Standard means OSHA Guidelines contained in 29 CFR 1910.1030, entitled "Occupational Exposure to Bloodborne Pathogens.”

Health Department means the Health Department that has jurisdiction in the community in which a body art establishment is located including the Health Department or officer having like powers and duties in towns where there is no Health Department.

Body Art means the practice of physical body adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing, tattoo-ing, cosmetic tattooing, branding, and scarification. This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine, such as implants under the skin, which procedures are prohibited.

Body Art Establishment or Establishment means a location, place, or business that has been granted a permit by the Health Department, whether public or private, where the practices of body art are performed, whether or not for profit.

Body Art Practitioner or Practitioner means a specifically identified individual who has been granted a permit by the Health Department to perform body art in an establishment that has been granted a permit by the Health Department.

Body Piercing means puncturing or penetrating the skin of a client with presterilized single-use needles and the insertion of presterilized jewelry or other adornment into the opening.  This definition excludes piercing of the earlobe with a presterilized single-use stud-and-clasp system manufactured exclusively for ear-piercing.

Braiding means the cutting of strips of skin of a person, which strips are then to be intertwined with one another and placed onto such person so as to cause or allow the incised and interwoven strips of skin to heal in such intertwined condition.

Branding means inducing a pattern of scar tissue by use of a heated material (usually metal) to the skin, making a serious burn, which eventually becomes a scar.

Cleaning area means the area in a Body Art Establishment used in the sterilization, sanitation or other cleaning of instruments or other equipment used for the practice of body art.

Client means a member of the public who requests a body art procedure at a body art establishment.

Contaminated Waste means waste as defined in 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII and/or 29 Code of Federal Regulation part 1910.1030. This includes any liquid or semi-liquid blood or other potentially infectious material; contaminated items that would release blood or other potentially infectious material in a liquid or semi-liquid state if compressed; items on which there is dried blood or other potentially infectious material and which are capable of releasing these materials during handling; sharps and any wastes containing blood or other potentially infectious materials.

Cosmetic Tattooing, also known as permanent cosmetics, micro pigment implantation or dermal pigmentation, means the implantation of permanent pigment around the eyes, lips and cheeks of the face and hair imitation.

Disinfectant means a product registered as a disinfectant by the U.S. Environmental Protection Agency (EPA).

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

Ear piercing means the puncturing of the lobe of the ear with a presterilized single-use stud-and-clasp ear-piercing system following the manufacturers instructions.

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.

Exposure means an event whereby there is an eye, mouth or other mucus membrane, non-intact skin or parenteral contact with the blood or bodily fluids of another person or contact of an eye, mouth or other mucous membrane, non-intact skin or parenteral contact with other potentially infectious matter.

Hand Sink means a lavatory equipped with hot and cold running water under pressure, used solely for washing hands, arms, or other portions of the body.

Hot water means water that attains and maintains a temperature 110º-130ºF.

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

Invasive means entry into the client’s body either by incision or insertion of any instruments into or through the skin or mucosa, or by any other means intended to puncture, break, or otherwise compromise the skin or mucosa.

Jewelry means any ornament inserted into a newly pierced area, which must be made of surgical implant-grade stainless steel; solid 14k or 18k white or yellow gold, niobium, titanium, or platinum; or a dense, low-porosity plastic, which is free of nicks, scratches, or irregular surfaces and has been properly sterilized prior to use.

Light colored means a light reflectance value of 70 percent or greater.

Medical Disposable Gloves can be either sterile or clean gloves depending on
the required use in accordance with section 7(H).

Minor means any person under the age of eighteen (18) years.

Mobile Body Art Establishment means any trailer, truck, car, van, camper or
            other motorized or non-motorized vehicle, a shed, tent, movable structure,
            bar, home or  other facility wherein, or concert, fair, party or other event
            whereat one desires to or actually does conduct body art procedures.

Operator means any person who individually, or jointly or severally with others, owns, or controls an establishment, but is not a body art practitioner.

Permit means Health Department approval in writing to either (1) operate a body art establishment or (2) operate as a body art practitioner within a body art establishment. Health Department approval shall be granted solely for the practice of body art pursuant to these regulations. Said permit is exclusive of the establishment’s compliance with other licensing or permitting requirements that may exist within the Health Department’s jurisdiction.

Person means an individual, any form of business or social organization or any other non-governmental legal entity, including but not limited to corporations, partnerships, limited-liability companies, associations, trusts or unincorporated organizations.

Physician means an individual licensed as a qualified physician by the Board of Registration in Medicine pursuant to M.G.L. c. 112 § 2.

Procedure surface means any surface of an inanimate object that contacts the client's unclothed body during a body art procedure, skin preparation of the area adjacent to and including the body art procedure, or any associated work area which may require sanitizing.

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

Sanitize means the application of a U.S. EPA registered sanitizer on a cleaned surface in accordance with the label instructions.

Scarification means altering skin texture by cutting the skin and controlling the body’s healing process in order to produce wounds, which result in permanently raised wheals or bumps known as keloids.

Sharps means any object, sterile or contaminated, that may intentionally or accidentally cut or penetrate the skin or mucosa, including, but not limited to, needle devices, lancets, scalpel blades, razor blades, and broken glass.

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

Single Use Items means products or items that are intended for one-time, one-person use and are disposed of after use on each client, 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.

Standard/Universal Precautions means a set of guidelines and controls, published by the Centers for Disease Control and Prevention (CDC), as "Guidelines for Prevention of Transmission of Human Immunodeficiency Virus (HIV) and Hepatitis B Virus (HBV) to Health-Care and Public-Safety Workers" in Morbidity and Mortality Weekly Report) (MMWR), June 23, 1989, Vo1.38 No. S-6, and as "Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures" in MMWR, July 12,1991, Vo1.40, No. RR-8. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HBV, and other blood pathogens. Precautions include hand washing; gloving; personal protective equipment; injury prevention; and proper handling and disposal of needles, other sharp instruments, and blood and body fluid-contaminated products.

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

Tattoo means the indelible mark, figure or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin.

Tattooing means any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This term includes all forms of cosmetic tattooing.

Temporary Body Art Establishment means the same as Mobile Body Art Establishment.

Three dimensional “3D” Body Art or Beading or Implantation means the form of body art consisting of or requiring the placement, injection or insertion of an object, device or other thing made of matters such as steel, titanium, rubber, latex, plastic, glass or other inert materials, beneath the surface of the skin of a person.  This term does not include Body Piercing.

Ultrasonic Cleaning Unit means a unit approved by the Health Department, physically large enough to fully submerge instruments in liquid, which removes all foreign matter from the instruments by means of high frequency oscillations transmitted through the contained liquid.
 

 4.  Exemptions

(A)  Physicians and Doctors of Veterinary Medicine licensed in accordance with M.G.L. c. 112 § 2 who perform body art procedures as part of patient treatment are exempt from these regulations.

(B) Individuals who pierce only the lobe of the ear with a pre-sterilized single-use stud-and-clasp ear-piercing system are exempt from these regulations.
 

5.  Restrictions

(A) No tattooing, piercing of genitalia, branding or scarification shall be performed on a person under the age of 18.

(B) Body piercing, other than piercing the genitalia, may be performed on a person under the age of 18 provided that the person is accompanied by a properly identified parent, legal custodial parent or legal guardian who has signed a form approved by the Health Department consenting to such procedure. Properly identified shall mean a valid photo identification of the adult and a birth certificate of the minor.

(C)      No body art shall be performed upon an animal unless exempted under section 4.(A).

(D)      The following practices are hereby prohibited unless performed by a Medical Doctor or Doctor of Veterinary Medicine licensed by the Commonwealth of Massachusetts: tongue splitting; braiding; three dimensional/beading/implementation tooth filing/fracturing/removal/tattooing; cartilage modification; amputation; genital modification; introduction of saline or other liquids.
 

6.  Operation of Body Art Establishments

Unless otherwise ordered or approved by the Health Department, each body art establishment shall be constructed, operated and maintained to meet all applicable current state building and safety codes and the following minimum requirements:

(A)   Physical Plant

(1) Walls, floors, ceilings, and procedure surfaces shall be smooth, durable, free of open holes or cracks, light-colored, washable, and in good repair. Walls, floors, and ceilings shall be maintained in a clean condition. All procedure surfaces, including client chairs/benches, shall be of such construction as to be easily cleaned and sanitized after each client.

(2) Solid partitions or walls extending from floor to ceiling shall separate the establishment’s space from any other room used for human habitation, any food establishment or room where food is prepared, any hair salon, any retail sales, or any other such activity that may cause potential contamination of work surfaces.

(3) The establishment shall take all measures necessary to ensure against the presence or breeding of insects, vermin, and rodents within the establishment.

(4) Each operator area shall have a minimum of 45 square feet of floor space for each practitioner.  Each establishment shall have an area that may be screened from public view for clients requesting privacy.  Multiple body art stations shall be separated by a dividers or partition at a minimum.

(5) The establishment shall be well ventilated and provided with an artificial light source equivalent to at least 20 foot candles 3 feet off the floor, except that at least 100 foot candles shall be provided at the level where the body art procedure is being performed, where instruments and sharps are assembled and all cleaning areas.

(6) All electrical outlets in operator areas and cleaning areas shall be equipped with approved ground fault (GFCI) protected receptacles.

(7) A separate, readily accessible hand sink with hot and cold running water under pressure, preferably equipped with wrist- or foot-operated controls and supplied with liquid soap, and disposable paper towels stored in fixed dispensers shall be readily accessible within the establishment.  Each operator area shall have a hand sink.

(8) There shall be an approved sharps container in each operator area and each cleaning area.

(9) There shall be a minimum of one toilet room containing a toilet and sink.  The toilet room shall be provided with toilet paper, liquid hand soap and paper towels stored in a fixed dispenser.  A body art establishment permanently located within a retail shopping center, or similar setting housing multiple operations within one enclosed structure having shared entrance and exit points, shall not be required to provide a separate toilet room within such body art establishment if Health Department-approved toilet facilities are located in the retail shopping center within 300 feet of the body art establishment so as to be readily accessible to any client or practitioner.

(10) The public water supply entering a body art establishment shall be protected by a testable, reduced pressure back flow preventor installed in accordance with 142 Code of Massachusetts Regulation 248, as amended from time to time.

(11) At least one covered, foot operated waste receptacle shall be provided in each operator area and each toilet room.  Receptacles in the operator area shall be emptied daily.  Solid waste shall be stored in covered, leak-proof, rodent-resistant containers and shall be removed from the premises at least weekly.

(12) At least one janitorial sink shall be provided in each body art establishment for use in cleaning the establishment and proper disposal of non-contaminated liquid wastes in accordance with all applicable Federal, state and local laws.  Said sink shall be of adequate size equipped with hot and cold running water under pressure and permit the cleaning of the establishment and any equipment used for cleaning.

(13) All instruments and supplies shall be stored in clean, dry, and covered containers. Containers shall be kept in a secure area specifically dedicated to the storage of all instruments and supplies.

(14) The establishment shall have a cleaning area. Every cleaning area shall have an area for the placement of an autoclave or other sterilization unit located or positioned a minimum of 36 inches from the required ultrasonic cleaning unit.

(15) The establishment shall have a customer waiting area, exclusive and separate from any workstation, instrument storage area, cleaning area or any other area in the body art establishment used for body art activity.

(16) No animals of any kind shall be allowed in a body art establishment except service animals used by persons with disabilities (e.g., Seeing Eye dogs).  Fish aquariums shall be allowed in waiting rooms and nonprocedural areas.

(17) Smoking, eating, or drinking is prohibited in the area where body art is performed, with the exception of non-alcoholic fluids being offered to a client during or after a body art procedure.

(B)   Requirements for Single Use Items Including Inks, Dyes and Pigments

(1) Single-use items shall not be used on more than one client for any reason. After use, all single-use sharps shall be immediately disposed of in approved sharps containers pursuant to 105 CMR 480.000.

(2) All products applied to the skin, such as but not limited to body art stencils, applicators, gauze and razors, shall be single use and disposable.

(3) Hollow bore needles or needles with cannula shall not be reused.

(4) All inks, dyes, pigments, solid core needles, and equipment shall be specifically manufactured for performing body art procedures and shall be used according to manufacturer's instructions.

(5) Inks, dyes or pigments may be mixed and may only be diluted with sterile water from an approved potable source.  Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper cups or plastic cups. Upon completion of the tattoo, these single-use cups and their contents shall be discarded.  For optimum infection control, sterile cups should be considered.

(C)   Sanitation and Sterilization Measures and Procedures

(1) All non-disposable instruments used for body art, including all reusable solid core needles, pins and stylets, shall be cleaned thoroughly after each use by scrubbing with an appropriate soap or disinfectant solution and hot water, (to remove blood and tissue residue), and shall be placed in an ultrasonic unit  sold for cleaning purposes under approval of the U.S. Food and Drug Administration and operated in accordance with manufacturer's instruc-tions.

(2) After being cleaned, all non-disposable instruments used for body art shall be packed individually in sterilizer packs and subsequently sterilized in a steam autoclave sold for medical sterilization purposes under approval of the U.S. Food and Drug Administration. All sterilizer packs shall contain either a sterilizer indicator or internal temperature indicator. Sterilizer packs must be dated with an expiration date not to exceed six (6) months.

(3) The autoclave shall be used, cleaned, and maintained according to manufacturer's instruction.  A copy of the manu-facturer's recommended procedures for the operation of the autoclave must be available for inspection by the Health Department.  Autoclaves shall be located away from workstations or areas frequented by the public.

(4) Each holder of a permit to operate a body art establishment shall demonstrate that the autoclave used is capable of attaining sterilization by monthly spore destruction tests.  These tests shall be verified through an independent laboratory.  The permit shall not be issued or renewed until documentation of the autoclave’s  ability to destroy spores is received by the Health Department.  These test records shall be retained by the operator for a period of three (3) years and made available to the Health Department upon request.

(5) All instruments used for body art procedures shall remain stored in sterile pack-ages until just prior to the performance of a body art procedure.  After sterilization, the instruments used in body art procedures shall be stored in a dry, clean cabinet or other tightly covered container reserved for the storage of such instruments.

(6) Sterile instruments may not be used if the package has been breached or after the expiration date without first repackaging and resterilizing.

(7) If the body art establishment uses only single-use, disposable instruments and products, and uses sterile sup-plies, an autoclave shall not be required.

(8) When assembling instruments used for body art procedures, the operator shall wear disposable medical gloves and use med-ically recognized sterile techniques to ensure that the instruments and gloves are not contaminated.

(9) Reusable cloth items shall be mechanically washed with detergent and mechanically dried after each use.  The cloth items shall be stored in a dry, clean environment until used. Should such items become contaminated directly or indirectly with bodily fluids, the items shall be washed in accordance with standards applicable to hospitals and medical care facilities, at a temperature of 160?F or a temperature of 120?F with the use of chlorine disinfectant.

(D)   Posting Requirements

The following shall be prominently displayed:

(1)  A Disclosure Statement, a model of which shall be available from the Health Department.  A Disclosure Statement shall also be given to each client, advising him/her of the risks and possible consequences of body art procedures.

(2)  The name, address and phone number of the Health Department.

(3)  An Emergency Plan, including:
(a) a plan for the purpose of contacting police, fire or emergency medical services in the event of an emergency;
(b) a telephone in good working order shall be easily available and accessible to all employees and clients during all hours of operation; and
(c) a sign at or adjacent to the telephone indicating the correct emergency telephone numbers.

(4)   An occupancy and use permit as issued by the local building official.

(5)  A current establishment permit.

(6)   Each practitioner’s permit.

(E)  Establishment Recordkeeping

The establishment shall maintain the following records in a secure place for a minimum of three (3) years, and such records shall be made available to the Health Department upon request:

(1)   Establishment information, which shall include:
(a)  establishment name;
(b)  hours of operation;
(c)  owner's name and address;
(d)  a complete description of all body art procedures performed;
(e)  an inventory of all instruments and body jewelry, all sharps, and all inks used for any and all body art procedures, including names of manufacturers and serial or lot numbers, if applicable. Invoices or packing slips shall satisfy this requirement; A Material Safety Data Sheet, when available, for each ink and dye used by the establishment;
(f) copies of waste hauler manifests
(g) copies of commercial biological monitoring tests
(h) Exposure Incident Report (kept permanently)
(j)  a copy of these regulations.

(2)    Employee information, which shall include:
(a)  full legal names and exact duties;
(b)  date of birth;
(c)  home address;
(d)  home /work phone numbers;
(e)  identification photograph;
(f) dates of employment;
(g) Hepatitis B vaccination status or declination notification; and
(h) training records

(3)   Client Information, which shall include:
(a)  name;
(b)  age and valid photo identification
(c)  address of the client;
(d) work/home phone number
(e)  date of the procedure;
(f)  name of the practitioner who performed the procedure(s);
(g)  description of procedure(s) performed and the location on the body;
(h)  a signed consent form as specified by 7(E)(2); and,
(i) if the client is a person under the age of 18, proof of parental or guardian identification, presence and consent including a copy of the photographic identification of the parent or guardian.

 Client information shall be kept confidential at all times.

(4) Exposure Control Plan

      Each establishment shall create, update, and comply with an            Exposure Control Plan.  The Plan shall be submitted to the Health        Department for review so as to meet all of the requirements of           OSHA regulations, to include, but not limited to, 29 Code of            Federal Regulation 1910.1030 OSHA Bloodborne Pathogens           Standards et seq, as amended from time to time.  A copy of the          Plan shall be maintained at the Body Art Establishment at all times       and shall be made available to the Health Department upon
      request.

(F) No person shall establish or operate a Mobile or Temporary Body Art
Establishment, unless permitted by the Health Department.
 
 

7.  Standards of Practice

Practitioners are required to comply with the following minimum health standards:

(A)   A practitioner shall perform all body art procedures in accordance with Standard or Universal Precautions set forth by the U.S Centers for Disease Control and Prevention.

(B)   All proposed procedures must have a written protocol reviewed and
approved by the health department.
 

(C)   A practitioner shall refuse service to any person who may be under the influence of alcohol or drugs.

(D)   Practitioners who use ear-piercing systems must conform to the manufacturers directions for use, and to applicable U.S. Food and Drug Administration requirements.  No practitioner shall use an ear piercing system on any part of the client’s body other than the lobe of the ear.

(E)    Health History and Client Informed Consent.  Prior to performing a body art procedure on a client, the practitioner shall:

(1)  Inform the client, verbally and in writing that the following health conditions  may increase health risks associated with receiving a body art procedure:

(a) history of diabetes;
(b) history of hemophilia (bleeding);
(c) history of skin diseases, skin lesions, or skin sensitivities to soaps, disinfectants etc.;
(d) history of allergies or adverse reactions to pigments, dyes, latex, or other sensitivities;
(e) history of epilepsy, seizures, fainting, or narcolepsy;
(f) use of medications such as anticoagulants or aspirin containing products on a regular prescribed schedule which thin the blood and/or interfere with blood clotting; and
(g) any other conditions such as hepatitis or HIV.

(2)  Require that the client sign a form confirming that the above information was provided, that the client does not have a condition that prevents them from receiving body art, that the client consents to the performance of the body art procedure and that the client has been given the aftercare instructions as required by section 6 7(K).

(F)   A practitioner shall maintain the highest degree of personal cleanliness, conform to best standard hygienic practices, and wear clean clothes when performing body art procedures. Before performing body art procedures, the practitioner must thoroughly wash their hands in hot running water with liquid soap, then rinse hands and dry with disposable paper towels.  This shall be done as often as necessary to remove contaminants.

(G) A Hepatitis B Vaccination is highly recommended.  For body art practitioners a Tetanus/Diphtheria immunization is also recommended every 10 years as well as an annual influenza shot.

(H)   Gloves used for prepping the skin can be non-sterile, disposable, single-use.  Hands need to be washed after prepping and before re-gloving for actual procedure.  In performing body art procedures, a practitioner shall wear sterile, disposable, single-use gloves.  Gloves shall be changed if they become pierced, torn, or otherwise contaminated by contact with any unclean surfaces or objects or by contact with a third person.  The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client, and hands shall be washed in accordance with section (F) before the next set of gloves is put on.  Under no circumstances shall a single pair of gloves be used on more than one person.  The use of disposable single-use gloves does not preclude or substitute for handwashing procedures as part of a good personal hygiene program.

(I)   The skin of the practitioner shall be free of rash or infection.  No practitioner affected with boils, infected wounds, open sores, abrasions, weeping dermatological lesions or acute respiratory infection shall work in any area of a body art establish-ment in any capacity in which there is a likelihood that that person could contaminate body art equipment, supplies, or working surfaces with body substances or pathogenic organisms.

(J)  Any item or instrument used for body art that is contaminated during the procedure shall be discarded and replaced immediately with a new disposable item or a new sterilized instrument or item before the procedure resumes.

(K)   Preparation and care of a client’s skin area must comply with the following:

(1)  Any skin or mucosa surface to receive a body art procedure shall be free of rash or any visible infection.

(2)  Before a body art procedure is performed, the immediate skin area and the areas of skin surrounding where body art procedure is to be placed shall be washed with soap and water or an approved surgical skin preparation. If shaving is necessary, single-use disposable razors shall be used.  Blades shall be discarded after each use.  Following shaving, the skin and surrounding area shall be washed with soap and water.  The washing pad shall be discarded after a single use.

(3)   In the event of bleeding, all products used to stop the bleeding or to absorb blood shall be single use, and discarded immediately after use in appropriate covered con-tainers, and disposed of in accordance with 105 CMR 480.000.

(L) Petroleum jellies, soaps, and other products used in the application of stencils shall be dispensed and applied on the area to receive a body art procedure with sterile gauze or other sterile applicator to prevent contamination of the original container and its contents. The applicator or gauze shall be used once and then discarded.

(M) The practitioner shall provide each client with verbal and written instructions on the aftercare of the body art site.  The written instructions shall advise the client:

          (1)    on the proper cleansing of the area which received the body art;
(2)  to consult a health care provider for:
(a) unexpected redness, tenderness or swelling at the site of the body art procedure;
(b) any rash;
(c) unexpected drainage at or from the site of the body art procedure; or
(d) a fever within 24 hours of the body art procedure; and
(3)   of the address, and phone number of the establishment.

A copy shall be provided to the client.  A model set of aftercare instructions shall be made available by the Health Department.

(N) Contaminated waste shall be stored, treated and disposed in accordance with 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waster, State Sanitary Code, Chapter VIII.
 

8.  Exposure Incident Report

An Exposure Incident Report shall be completed by the close of the business day during which an exposure has or might have taken place by the involved or knowledgeable body art practitioner for every exposure incident occurring in the conduct of any body art activity.

Each Exposure Incident Report shall contain:

(1) A copy of the application and consent form for body art activity completed by any client or minor client involved in the exposure incident;
(2) A full description of the exposure incident, including the portion of the body involved therein;
(3) Instrument(s) or other equipment implicated;
(4) A copy of body art practitioner license of the involved body art practitioner;
(5) Date and time of exposure;
(6) A copy of any medical history released to the body art establishment or body art practitioner; and
(7) Information regarding any recommendation to refer to a physician or waiver to consult a physician by persons involved.
 
 

9.  Injury and/or Complication Reports

A written report of any injury, infection complication or disease as a result of a body art procedure, or complaint of injury, infection complication or disease, shall be forwarded by the operator to the Health Department which issued the permit, with a copy to the injured client within five working days of its occurrence or knowledge thereof.   The report shall include:

(A) the name of the affected client;
(B) the name and location of the body art establishment involved;
(C)  the nature of the injury, infection complication or disease;
(D) the advice/recommendations given to the affected client
(E) the outcome, if known
(F) the name and address of the affected client’s health care provider, if any;
(G) any other information considered relevant to the situation.
 

10.  Complaints

(A)  The Health Department shall investigate complaints received about an establishment or practitioner’s practices or acts, which may violate any provision of the Health Department's regulations.

(B)  If the Health Department finds that an investigation is not required because the alleged act or practice is not in violation of the Health Department's regulations, then the Health Department shall notify the complainant of this finding and the reasons on which it is based.

(C)  If the Health Department finds that an investigation is required, because the alleged act or practice may be in violation of the Health Department's regulations, the Health Department shall investigate and if a finding is made that the act or practice is in violation of the Health Department's regulations, then the Health Department shall apply whatever enforcement action is appropriate to remedy the situation and shall notify the complainant of its action in this manner.

11.  Application for Body Art Establishment Permit

(A)    No person may operate a body art establishment except with a valid permit from the Health Department.

(B)   Applications for a permit shall be made on forms prescribed by and available from the Health Department.  An applicant shall submit all information required by the form and accompanying instructions.  The term “application” as used herein shall include the original and renewal applications.
(C) An establishment permit shall be valid from the date of issuance and for no longer than one year unless revoked sooner by the Health Department.

(D) The Health Department shall require that the applicant provide, at a minimum, the following information in order to be issued an establishment permit:

(1) Name, address, and telephone number of:
(a) the body art establishment;
(b) the operator of the establishment; and
(c) the body art practitioner(s) working at the establishment;

(2) The manufacturer, model number, model year, and serial number, where applicable, of the autoclave used in the establishment;

(3)  A signed and dated acknowledgement that the applicant has received, read and understood the requirements of the Health Department’s body art regulations;

(3) A drawing of the floor plan of the proposed establishment to scale for a plan review by the Health Department, as part of the permit application process; and,

(4)  Exposure Report Plan

(5)  Such additional information as the Health Department may reasonably require.

(E)    The annual fee for the Body Art Establishment Permit shall be  $240.00

(F) Seasonal permits will be prorated on a monthly basis.

(G)   A permit for a body art establishment shall not be transferable from one place or person to another.

(H)  Establishments and Practitioners must demonstrate Liability Insurance coverage from an approved provider with the following coverage:
- General Liability Coverage for $500,000
- Tattooist Liability Coverage for $100,000
                    -   Piercers Liability Coverage for $100,000
 

12.  Application for Body Art Practitioner Permit

(A)   No person shall practice body art or perform any body art procedure without first obtaining a practitioner permit from the Health Department.
(B)    A practitioner shall be a minimum of 18 years of age.

(C)    A practitioner permit shall be valid from the date of issuance and shall expire no later than one year from the date of issuance unless revoked sooner by the Health Department.

(D)    Application for a practitioner permit shall include:
(1)   name;
(2)   date of birth;
(3)   residence address;
(4)   mailing address;
(5)   phone number;
(6)   place(s) of employment as a practitioner; and
(7)   training and/or experience as set out in (E) below.

(E) Practitioner Training and Experience

(1) In reviewing an application for a practitioner permit, the Health Department may consider experience, training and/or certification acquired in other states that regulate body art.

(2)  Training for all practitioners shall be approved by the Health Department and, at a minimum, shall include the following:

(a) bloodborne pathogen training program (OSHA level) which includes infectious disease control; waste disposal; handwashing techniques; sterilization equipment operation and methods; and sanitization, disinfection and sterilization methods and techniques; and
(b)  Current certification in First Aid and cardiopulmonary resuscitation (Community First Aid and Adult CPR) by a recognized training provider.

(3) The applicant shall provide documentation, acceptable to the Health Department, that s/he completed a course on anatomy and physiology with a grade of C or better at a recognized training provider approved by the designated State Education Department or other provider approved by the Director of Public Health.

(4) The applicant shall provide documentation, acceptable to the Health Department, that s/he completed a course on skin diseases, disorders and conditions, including diabetes, with a grade of C or better at a recognized training provider approved by the designated State Education Department or other provide approved by the Director of Public Health.

(5) The applicant for all practitioners shall submit evidence satisfactory to the Health Department of at least 12 credit hours of continuing education every two years. Training/courses provided by professional body art organizations or associations or by equipment manufacturers may be submitted to the Health Department for approval.

(6) The applicant for all practitioners shall submit evidence satisfactory to the Health Department of at least two years actual experience in the practice of performing body art activities of the kind for which the applicant seeks a body art practitioner permit to perform, whether such experience was obtained within or outside of the Commonwealth.

(F) The annual fee for the Body Art Practitioner Permit shall be $120.00.

(G) Seasonal permits will be prorated on a monthly basis.

(H)       A practitioner’s permit shall be conditioned upon continued compliance
      with all applicable provisions of these rules and regulations.

(I) Practitioners and Establishments must demonstrate Liability Insurance coverage from an approved provider with the following coverage:
- General Liability Coverage for $500,000
- Tattooist Liability Coverage for $100,000
- Piercers Liability Coverage for $100,000
 

13. Grounds for Suspension, Denial, Revocation, or Refusal to Renew Permit

(A)  The Health Department may suspend a permit, deny a permit, revoke a permit or refuse to renew a permit on the following grounds, each of which, in and of itself, shall constitute full and adequate grounds for suspension, denial, revocation or refusal to renew:

(1) any actions which would indicate that the health or safety of the public would be at risk;

(2) fraud, deceit or misrepresentation in obtaining a permit, or its renewal;

(3) criminal conduct which the Health Department determines to be of such a nature as to render the establishment, practitioner or applicant unfit to practice body art as evidenced by criminal proceedings resulting in a conviction, guilty plea, or plea of nolo contendere or an admission of sufficient facts;

(4) any present or past violation of the Health Department’s regulations governing the practice of body art;

(5) practicing body art while the ability to practice is impaired by alcohol, drugs, physical disability or mental instability;

(6) being habitually drunk or being dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effects;

(7) knowingly permitting, aiding or abetting an  unauthorized person to perform activities requiring a permit;

(8) continuing to practice while his/her permit is lapsed, suspended, or revoked; and

(9) having been disciplined in another jurisdiction in any way by the proper permitting authority for reasons substantially the same as those set forth in the Health Department's regulations.

(10) other just and sufficient cause which the Health Department may determine would render the establishment, practitioner or applicant unfit to practice body art;

(B)  The Health Department shall notify an applicant, establishment or practitioner in writing of any violation of the Health Department's regulations, for which the Health Department intends to deny, revoke, or refuse to renew a permit.  The applicant, establishment or practitioner shall have seven (7) days after receipt of such written notice in which to comply with the Health Department's regulations.  The Health Department may deny, revoke or refuse to renew a permit, if the applicant, establishment or practitioner fails to comply after said seven (7) days subject  to the procedure outlined in Section 15.

(C) Applicants denied a permit may reapply at any time after denial.
 
 

14.  Grounds for Suspension of Permit

The Health Department may summarily suspend a permit pending a final hearing on the merits on the question of revocation if, based on the evidence before it, the Health Department determines that an establishment and/or a practitioner is an immediate and serious threat to the public health, safety or welfare.  The suspension of a permit shall take effect immediately upon written notice of such suspension by the Health Department.

15.   Procedure for Hearings

The owner of the establishment or practitioner shall be given written notice of the Health Department’s intent to hold a hearing for the purpose of suspension, revocation, denial or refusal to renew a permit.  This written notice shall be served through a certified letter sent return receipt requested or by constable. The notice shall include the date, time and place of the hearing and the owner of the establishment or practitioner’s right to be heard.  The Health Department shall hold the hearing no later than 21 days from the date the written notice is received.

In the case of a suspension of a permit as noted in Section 13, a hearing shall be scheduled no later than 21 days from the date of the suspension.
 

16.    Severability

If any provision contained in the model regulations is deemed invalid for any reason, it shall be severed and shall not affect the validity of the remaining provisions.

17.     Fine for Violation

The fine for a violation of any provision of these Rules and Regulations shall be $50.00 per offense.  Each day that a violation continues shall be deemed to be a separate offense.  The fine for an establishment operating without a license shall be $500.00 per day.  The fine for a practitioner operating without a license shall be $300.00 per day.

18.     Non-Criminal Disposition

In accordance with MGL chapter 40, section 21D and article 10.3 of the by-laws of the Town of Brookline whoever violates any provision of these Rules and Regulations may be penalized by non-criminal disposition. The fine for a violation of any provision of these Rules and Regulations shall be $50.00 per offense.  Each day that a violation continues shall be deemed to be a separate offense. The fine for an establishment operating without a license shall be $500.00 per day. The fine for a practitioner operating without a license shall be $300.00 per day.

19.Effective Date

 These rules and regulations shall be effective as of August, 2001.

REGULATIONS GOVERNING THE HANDLING, STORAGE,
 COLLECTION AND DISPOSAL OF SOLID WASTE
 
 

SECTION 1
 

DEFINITIONS.  The following definitions shall apply for the purpose of these regulations:

A. GARBAGE.  Garbage is the animal, vegetable, or other organic waste resulting form the handling, preparing, cooking, or consumption of food.  This includes a mixture of garbage and rubbish.

B. RUBBISH.  Rubbish is combustible and non-combustible waste material, except garbage, and includes but is not limited to such material as paper, rags, cartons, boxes, wood, excelsior, rubber, leather, yard trimmings, grass clippings, metals, mineral matter, crockery, dust, and the residue form the burning of wood, coal, coke and other combustible materials.  This does not include tree waste or recyclable materials.

C. DOMESTIC WASTE.  Domestic waste is the garbage and rubbish resulting from the usual routine of housekeeping.

D. COMMERCIAL WASTE.  Commercial waste is the garbage and rubbish material resulting from the operation of business enterprises.  Manufacturing and trade wastes are not included.

E. MUNICIPAL WASTE.  Municipal waste is domestic waste and commercial waste.

F. TREE WASTE.  Tree waste includes tree stumps, trunks or limbs, three (3) inches or more in diameter or three (3) feet or more in length.  Tree waste is not classified as municipal waste.

G. LEAF AND YARD WASTE.  Leaves, grass clippings, soil, sand, manure, wood chips, shrub trimmings, plant cuttings and other similar materials.

H. COMPOSTABLE MATERIALS.  Organic material, excluding waste water residuals, which have the potential to be composted and which is pre-sorted and is not contaminated by significant amounts of toxic substances as defined by the Department of Environmental Protection (310 CMR 19.00).

I. COMPOSTING.  A process of accelerated bio-degradation and stabilization of organic material under controlled conditions yielding a product that can safely be used for fertilizing and conditioning  the land.

J. RECYCLABLE MATERIALS.  Materials which may be reclaimed and returned to the economy in the form of raw materials or products, including paper, plastics, glass, and aluminum containers (Refer to Article XIX, Section 40 of the town by-laws for regulations regarding the recycling of waste materials.)

K. HAZARDOUS WASTE.  Any waste, solid or liquid, which poses a significant environmental or human health risk.  This can include such items as pesticides, used motor oil and other products associated with automobiles, disinfectants, and miscellaneous art and hobby chemicals (Refer to 105 CMR 650.000 and DEP Guidelines).

L. INFECTIOUS WASTE.  Waste which because of its characteristics may cause or significantly contribute to an increase in mortality, morbidity or pose an environmental hazard when improperly treated, stored, transported, disposed of or otherwise managed.   These include but are not limited to blood and blood products, pathological waste, sharps, contaminated animal carcasses, and biotechnological by-products (Refer to 105 CMR 480.000 for Department of Public Health standards).

M. CONSTRUCTION WASTE.  Any materials generated from, but not limited to, the processes of       construction, demolition, and renovation, including domestic home improvements.

N. MANUFACTURING WASTE.  Any waste resulting from manufacturing processes.

O. TRADE WASTE.  Excess material used in the process of shipping and/or receiving goods.
 
 
 

SECTION 2
 

STORAGE, HANDLING AND DISPOSAL OF DOMESTIC WASTE
 

A. REQUIREMENTS.  The storage and disposal of domestic waste shall be in accordance with the requirements of Chapter 2,105 CMR 410.600 - 410.602  of the State Sanitary Code, “Minimum Standards of Fitness for Human Habitation”, which reads as follows:

GARBAGE AND RUBBISH STORAGE AND DISPOSAL.

Responsibilities of Owners and Occupants:  Cleanliness of Premises

1. Garbage or mixed garbage and rubbish shall be stored in watertight receptacles of metal or other durable material with tight-fitting covers.  Rubbish shall be stored in receptacles of metal or other durable material.

2. The owner of any dwelling that contains three or more dwelling units, the owner of any rooming house, and the occupant of any other dwelling place shall be responsible for providing as many receptacles for the storage of garbage and rubbish as are sufficient to contain the accumulation before final collection or ultimate disposal, and shall so locate them that no objectionable odors enter any dwelling.

3. The occupant of each dwelling, dwelling unit, and rooming unit shall be responsible for the proper storage of his/her garbage and rubbish before final collection or ultimate disposal.

4. The owner of any dwelling that contains three (3) or more dwelling units, the owner of any rooming house, and the occupant of any other dwelling place shall be responsible for the final collection or ultimate disposal or incineration of garbage and rubbish by means of:

  a)  the regular municipal collection system; or
  b)  any other collection system approved by the Board of Health; or
  c)  when otherwise lawful, a garbage grinder which grinds garbage into the sink drain finely       enough to ensure its free passage and is otherwise maintained in a sanitary condition;       or
  d)  when otherwise lawful, a garbage or rubbish incinerator located within the dwelling         which is properly installed and which is maintained so as not to create a safety or health       hazard; or
  e)  any other method of disposal which does not endanger any person and which is        approved in writing by the Board of Health.

5. The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish or other refuse.  The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health, comfort, safety, or convenience of the occupants of any dwelling or of the general public.

6. The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish, other filth or other causes of sickness that part of the dwelling which he exclusively occupies or controls.

7. In a dwelling that contains less than three (3) dwelling units, the occupant shall be responsible for maintaining in a clean and sanitary condition, free of garbage, rubbish, other filth or other causes of sickness the stairs of stairways leading to his dwelling unit and the landing adjacent to his dwelling if the stairs, stairways or landing are not used by another occupant.

8. In any dwelling, the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage, rubbish, other filth or other causes of sickness that part of the dwelling which is used in common by the occupants and which is not occupied or controlled by one occupant exclusively.

9. The owner on any dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or which the owner or occupants under his control have the right  to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free of garbage, rubbish, other filth or other causes of sickness that part of the passageway or right-of-way which abuts his property and which he or the occupants under their control have the right to use, or are in fact using, or which he owns.
 

B. FREQUENCY OF FINAL COLLECTION OR DISPOSAL.  The person responsible for arranging for the  final collection or disposal shall arrange for such collection or disposal at sufficiently frequent intervals  to prevent a nuisance, or as may be determined by the Director of Public Health.

C. COLLECTION.  Domestic waste placed for collection by the Town or by private collectors shall comply  with all rules established by the Commissioner of Public Works under authority of Section 5 of these  regulations.
 
 

SECTION 3
 

STORAGE, HANDLING AND DISPOSAL OF COMMERCIAL WASTE

A.  RESPONSIBILITY.  The owner of every business enterprise, shall, wherever wastes accumulate, provide, keep clean and in good repair, proper and sufficient containers for the storage of commercial waste.  Such owner shall also provide for the collection and removal of such waste by the regular municipal collection system or his agent, at sufficiently frequent intervals to prevent a nuisance, or as may be determined by the Director of Public Health.

B.  COLLECTION.  Commercial waste to be collected by the Town, by private collectors, or by the owner or his agent, shall be stored, handled and placed for collection in accordance with the rules established by the Commissioner of Public Works of the Town of Brookline under authority of Section 5 of these regulations.
 

SECTION 4
 

STORAGE, HANDLING AND DISPOSAL OF OTHER WASTES

A.  DEAD ANIMALS.  All small dead animals, except from animal hospitals, kennels, and the like, will be collected without charge upon notice to the Highway Division of the Department of Public Works, if kept separated form garbage and rubbish.  Owners of large dead animals, and owners and operators of animal hospitals, kennels and the like, shall be responsible for the removal and disposal of dead animals from their premises, subject to the supervision and direction of the Director of Public Health.

B.  TREE AND LANDSCAPING WASTE.  The owner or agent of any premises shall be responsible for the removal and disposal of all tree and landscaping wastes originating thereon.

C.  CONSTRUCTION WASTE.  The owner or agent of any premises shall be responsible for the removal of all construction waste originating thereon within seven days of the completion of the construction work or within such shorter time as the Director of Public Health may deem necessary in order to prevent a nuisance.

D.  MANUFACTURING OR TRADE WASTE.  The owner or operator of any establishment producing manufacturing or trade wastes shall be responsible for their removal and disposal.

E.  INCINERATOR WASTES.  Any residue from the operation of private incinerators shall be classified as rubbish and placed in disposable containers for collection.

F.  HOSPITAL, CONVALESCENT HOME, BOARDING HOUSE, ETC.  WASTE.  All waste resulting from the usual routine of domestic housekeeping may be placed for collection on the regular collection day.  All organic wastes, soiled dressings, syringes and other possible sources of infection shall be disposed of at the source or in a method approved by the Department of Public Health.  Organic wastes, soiled dressings, syringes and other possible sources of infection will not be accepted by the Sanitation Division for collection or disposal.

G.  HAZARDOUS WASTE.  All products which are deemed as hazardous waste, either by state guidelines or by the Director of Public Health, cannot be given for curbside collection and must be removed either by a private certified removal company, or be disposed of during one of the  designated Town Household Hazardous Waste Collection Days.

H.  INFECTIOUS WASTE.  Products deemed as infectious waste must be stored or disposed of in a                    manner which is consistent with the established state of Massachusetts guidelines and may not be placed for curbside collection without approval of the Director of Public Health.  Such approval shall not be extended to locations deemed as “waste generators.” (Refer to 105 CMR 480.200)
 
 

SECTION 5
 

COLLECTION OF GARBAGE AND RUBBISH

A.  RULES.  The Commissioner of Public Works may (subject to the approval of the Director of Public Health) make such rules as are necessary to provide for the safe and efficient operation of the municipal and/or private collection systems.  Such rules may relate to the time and place of collection, the size of containers and bundles, the construction of containers, the manner and time of placement at the place of collection, and the types and quantities of materials acceptable for municipal collection.  All domestic waste to be collected by the Sanitation Division of the Department of Public Works or by private collectors shall be in accordance with the following requirements:

1. All rubbish to be collected , as defined in Section 1 of the Regulations, shall be placed in suitable, watertight plastic bags or within securely covered rubbish barrels to prevent insect, rodent, odor or any other public health concerns as determined by the Director of Public Health, or his agents.  Plastic bags shall not exceed thirty (30) gallons in capacity nor weigh, including contents, more than seventy (70) pounds  A minimum single sheet thickness for plastic containers shall be three (3) millimeters.  Paper sacks (compactor bags) may be used only when constructed of two (2) plies of fifty (50) pound wet-strength, refuse-grade paper which is tightly sealed or placed within a covered rubbish barrel.  In areas which are deemed problematic by either the Director of Public Health or the Commissioner of Public Works, the specifications for garbage and rubbish collection may be amended (Refer to 105 CMR 410.600B).

2. Boxes and cartons shall be collapsed or broken up to reduce volume and securely tied in compact bundles so that they cannot be readily blown about or scattered.  Refer to the Regulations of Recyclable Materials for recycling requirements.  Standard bundles of rubbish shall not exceed seventy-five (75)  pounds in weight or three (3) feet in maximum dimension.  Tree branches, shrubbery and vines shall be tied in standard bundles.  Cut grass and leaves shall be stored in disposable containers and both placed for collection with rubbish.

3.  Garbage may be placed in disposable containers with rubbish or may be stored in underground containers.  Irrespective of the method of storage, garbage shall be drained of all free liquid and properly wrapped to prevent leaking of residual noxious or putrefying liquids.  But there will not be, under any conditions, separate garbage collection from underground containers.  All garbage shall be placed for collection in sealed disposable containers (plastic bags).

4.  Private dumpster collection may be mandated and curbside collection prohibited at those locations designated by the Director of Public Health and/or the Commissioner of Public Works due to excess volume, improper storage facilities, inappropriate storage conditions, inaccessibility to the site, existing or potential public health threats including rodent infestation, or multiple violations of these codes.
 

B. TIME AND PLACE OF COLLECTION.  The Commissioner of Public Works shall designate the day of collection.  All rubbish and mixed waste will be collected at the curb-line immediately adjacent to the subscriber’s property, unless another location is specifically authorized or directed by the Commissioner of Public Works, in accordance with the following guidelines:

1. The owner of any dwelling that contains three (3) or more dwelling units, the owner of any rooming house, and the occupant of any other dwelling place shall be responsible for placing containers for rubbish or garbage (or mixed waste) at the designated location prior to collection.

2. The Commissioner of Public Works shall determine the time prior to collection that solid waste  shall be placed for collection but in no event shall it be placed before 3:30 P.M. of the day preceding the scheduled day for collection and no later than 7:00 A.M. on the day of scheduled collection.

3. All empty barrels, cans, or rubbish containers of any kind shall be removed from the area of collection by midnight of the collection day.

4. The Sanitation Division of the Department of Public Works shall be notified one week in advance when bulky objects which cannot be readily broken down to less than three (3) feet in maximum dimensions are to be placed for collection.
 

C. REFUSAL TO COLLECT.  The Director of the Sanitation Division of the Department of Public Works may refuse to collect any wastes placed for collection in violation of these rules.  The Director of the Sanitation Division may refuse to collect bulky objects when the Sanitation Division is not properly notified one week prior to collection or when the objects are of such size and weight that they cannot be conveniently handled.  The Director of the Sanitation Division may also refuse to collect garden and lawn waste not properly stored and placed or in excess of three (3) standard bundles or containers at any one collection.  So far as practicable, the Sanitation Division shall attach a notice to the waste refused for collection and note the reason for refusal.  All reusable containers placed for collection holding rubbish or mixed waste shall be collected as rubbish.

D. TERMINATION OF COLLECTION.  Multiple violations of the rules and regulations as established herein may be cause for the Commissioner of Public Works to terminate the provision of the municipal collection service to any dwelling or commercial establishments.
 
 

SECTION 6
 

LITTER

A.  DEPOSITING.  No person shall throw or deposit or cause to be thrown or deposited any garbage, rubbish or other waste or offensive material upon a street, park or other public or private way, or upon any premises or vacant lot, except an approved disposal area, nor store or keep the same except in containers as required by these regulations.

B.  SCAVENGING.  No person shall overhaul, pick over, sort or remove the contents of containers of waste stored or set out for collection.  In addition, junk dealers and collectors shall not collect, receive, or purchase, directly or indirectly, junk, old metal, rags or any other related articles collected by the Sanitation Division or delivered to the Town Disposal Facility.

C.  REMOVAL FROM PREMISES.  When ordered by the Director of Public Health, the owner, agent or occupant of a lot or premises shall remove any improper accumulation or storage of garbage, rubbish, or other waste or offensive material,  within such time as the Director of Public Health may deem reasonable.
 

SECTION 7
 

PRIVATE DUMPS

A.  PERMIT REQUIRED.  No person shall use any public or private premises within the limits of the Town of Brookline as a place for the disposal of garbage, rubbish, or other waste or offensive material, clean ashes of cinders excepted, without a permit form the Director of Public Health.

B.  CONDITION OF PERMIT.  The Director of Public Health shall cause an inspection to be made of the proposed private dump and may, in his discretion, grant a permit, if, in his opinion, the dump is not likely to become a nuisance, unsightly or a cause of complaint, and does not violate any zoning by-law, and is not offensive to the surrounding area.  The Director of Public Health may impose such conditions as he deems necessary to the proper exercise of such a permit.

C.  REVOCATION.  The Director of Public Health may at any time revoke or suspend the permit for violation of the conditions of the permit or if the dump becomes a nuisance or cause of complaint.
 
 
 

SECTION 8
 

PRIVATE COLLECTORS

A.  PERMIT REQUIRED.  No person shall remove or transport through the streets of the Town of Brookline any garbage, grease or bones, rubbish or other waste or offensive material, collected within the Town, without a permit from the Director of Public Health.  Application for a permit shall be made on forms provided by the Director of Public Health, shall contain such information as the Director of Public Health may require, and shall be accompanied by a fee as determined by the Director of Public Health.  Permits shall expire at the end of the calendar year in which issued, but may be renewed annually on application as herein provided.  Permits may be revoked or suspended by the Director of Public Health for failure to comply with the requirements of this section.

B.  REGISTRATION REQUIRED.  No person shall transport through the streets of the Town of Brookline any garbage, grease or bones, rubbish, or other waste or offensive material, not collected within the Town, without first registering with the Director of Public Health.  Transportation of such materials shall be in compliance with the requirements of this section.

C.  TRANSPORTATION.  The transportation of all garbage, grease or bones, rubbish or other waste or offensive material through the streets of the Town shall be conducted in such manner as not to create a nuisance.

D.  COLLECTION VEHICLES.  Vehicles conveying waste shall be of such construction and so operated that contents shall not spill, leak, fall or be blown upon the public street, or otherwise create a nuisance.  Vehicles used for conveying garbage or grease and bones shall be fully enclosed unless the material is transported in watertight containers equipped with tight-fitting covers.

E.  COLLECTION SCHEDULE.  Private collection must be carried out on a schedule consistent with the Town’s collection service, with regard to the time and day of pick-up.  Any exceptions to this must be approved by the Commissioner of Public Works.
 
 
 

SECTION 9
 

ENFORCEMENT

A.  ACTION.  Unless otherwise specified, these regulations shall be enforced by the Director of Public Health, his duly authorized agents or the Commissioner of Public Works or his authorized agents, under the authority of the Director of Public Health.

B.  PENALTY:
1.  Whoever violates any provision of Sections 2 through 6 of these regulations adopted under the authority of Chapter 111, Section 31, General laws, shall be punished by a fine as determined by the Director of Public Health and the Commissioner of Public Works but not to exceed one hundred (100) dollars .

2.  Whoever violates any provision of Section 7 and 8 of these regulations adopted under the authority of Chapter 111, Section 31B, General Laws, shall be punished by a fine as determined by the Director of Public Health and the Commissioner of Public Works but not to exceed two hundred and fifty (250) dollars.
 
 
 
 
 

C:/WPDOCS/INTERN/SWREGS97

 Town of Brookline
ARTICLE 8.22
TOBACCO CONTROL

SECTION 8.22.1 DEFINITIONS

a. Tobacco - Cigarettes, cigars, snuff or tobacco in any of its forms.

b.Smoking - Lighting of, or having in one's possession any lighted cigarette, cigar, pipe or other tobacco product.

c.Tobacco Vending Machine - A mechanical or electrical device which dispenses tobacco products by self service, with or without assistance by a clerk or operator.

d. Minor - A person under eighteen years of age.

e.Employee - A person who performs work or services for wages or other consideration.

f.Employer - A person, partnership, association,
corporation, trust or other organized group, including the Town of Brookline and any department agency thereof, which utilizes the services of three (3) or more employees.

g. Workplace - Any enclosed area of a structure in the Town of Brookline, at which three or more employees perform services for an employer.

h. Food Service Establishment - An establishment having one or more seats at which food is served to the public.

i. Function Room - A separate, enclosed room used exclusively for private functions within a food service establishment.

j. Bar/Lounge - An area within a food service establishment which is devoted primarily to serving alcoholic beverages for consumption by guests on the premises, and in which the consumption of food is only incidental to the consumption of such beverages.
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SECTION 8.22.2 REGULATED CONDUCT

a. Food Service Establishments

(1) All food service establishments shall be 100% nonsmoking except as otherwise specifically permitted under this by-law.

(2) Waiver of nonsmoking provision for bars and lounges -

The owner or operator of a food service establishment containing a bar/lounge may apply for a waiver of the nonsmoking provision of SECTION 8.22.2(1) with respect to the bar/lounge. The application shall state when the waiver shall terminate, provided, always, that such termination shall not be later than January 1, 2000.

Application shall be made in writing to the Director of Public Health (Director), stating the reasons and justification for the request. Following no less than two weeks public notice, the Director shall conduct a public hearing on the request, at which the owner or operator shall present the request and the basis for the request. After the hearing the Director may grant the requested waiver, provided:

a.the owner or operator has owned or
operated the establishment continuously since November 15, 1994;

b.on November 15, 1994, the establishment contained a bar/lounge according to the records of the Town;

c. the number of the seats in the
bar/lounge do not exceed 25% of the establishment's total seating capacity;

d. the bar/lounge occupies a separate, enclosed room;

e. the bar/lounge is equipped with a
separate ventilation system that
provides an air circulation rate of at least 60 cubic feet per minute per person and exhausts air at a rate of at least 110% of supply to produce a negative air
environment; and

f.the configuration of the establishment is not such as to require dining patrons to pass through any portion of the bar/lounge when entering or exiting the establishment.

3. The Director of Public Health may adopt regulations providing for the implementation of SECTION 8.22.2(2) of this by-law.

b. Public Places

(1) To the extent that the following are not covered by applicable State laws or regulations, no person shall smoke in any rooms or interior areas in which the public is permitted. This includes, but is not limited to, any health care facility, classroom, lecture hall, museum, motion picture theater, school, day care facility, reception area, waiting room, restroom or lavatory, retail store, bank (including ATMs), hair salons or barber shops and meetings of government agencies open to the public.

(2)Taxi/Livery services licensed by the Town of Brookline shall provide smoke-free vehicles in accordance with the following schedule:

a.As of 3/1/94, 25% of all vehicles
b.As of 1/1/95, 100% of all vehicles

The restriction of smoking in taxi/livery vehicles applies to drivers as well as passengers. Nonsmoking vehicles shall be posted in such a manner that their smoke-free status can be readily determined from the outside of the vehicle.

(3) Licensed Inns, Hotels, Motels and Lodging Houses in the Town of Brookline must provide smoke-free common areas. Licensed Inns, Hotels and Motels in the Town of Brookline must designate individual rooms as nonsmoking in accordance with the following schedule:

a.As of 3/1/94, 25% of individual dwelling units or rooms,

b.As of 1/1/95, 50% of dwelling units or rooms,

c.As of 1/1/96, 90% of dwelling units or rooms.

c. Workplaces

1. Every employer shall establish, post and implement a workplace smoking policy and shall, upon request, furnish a written copy of such smoking policy to any employee or to the Director of Public Health. A workplace smoking policy shall include a grievance procedure whereby an employee may seek relief if he/she is exposed to tobacco smoke in the course of his/her work duties. Upon written request by three or more employees, an employer may, but is not required to, designate a "Smoking Area", provided that such a smoking area shall not adversely affect the health and well being of nonsmoking employees or members of the public. An employer may furnish a separate employee lounge for smoking, no larger in floor area or seating capacity than the employee lounge for nonsmoking employees. All smoking in the workplace shall be prohibited on or before January 1, 1995.

2. Workplaces with function rooms must establish and post a workplace policy that states "Employees are not required to work at private functions in which smoking is allowed." Employees who do not want to work at such functions must so inform their employer in writing, and employers must abide by their employees stated wishes in this regard.

3. Hotels must establish and post a workplace policy that states "Employees are not required to work in rooms in which smoking is allowed." Employees who do not want to work in such rooms must so inform their employer in writing, and employers must abide by their employees' stated wishes in this regard.

4. Food service establishments that permit smoking under the waiver provisions of Section 8.22.2 (2) shall establish and post a workplace policy that states: "Employees are not required to work in the bar/lounge.

5. Every establishment in which smoking is permitted pursuant to this Bylaw shall designate all positions that require the employees presence in an area in which smoking is permitted to be "smoking positions." The establishment shall notify every applicant for employment in a smoking position, in writing, that the position requires continuous exposure to secondhand smoke, which may be hazardous to the employees health.

6. No establishment in which smoking is permitted pursuant to this By-law may require any employee whose effective date of employment was on or November 1, 1994 to accept a designated smoking position as a condition of continued employment by the employer.

7. No establishment in which smoking is permitted pursuant to this Bylaw may discharge, refuse to hire, or otherwise discriminate against any employee or applicant for employment by reason of such person's unwillingness to be subjected to secondhand smoke exposure unless the employee has been hired for a designated smoking position and has been so notified in writing at the time of hiring.

8. No establishment in which smoking is permitted pursuant to this Bylaw may designate more smoking positions, as a proportion of the total number of service positions, than the number of seats in portion of the establishment in which smoking is permitted bears to the total number of seats legally permitted in the establishment.

9. It is the intent of this Bylaw that a designated smoking position shall not be considered suitable work for purposes of G.L.C. 151A, and that an employee who is required to work in a smoking position shall have good cause attributable to the employer for leaving work.

10. Each establishment in which smoking is permitted pursuant to this Bylaw shall post, and make available to all job applicants, a statement inviting employees and job applicants to notify the Board of Selectmen regarding any violation of the policies in this section (Workplaces).

SECTION 8.22.3 POSTING REQUIREMENTS

a. Every person having control of a premises where smoking is prohibited by this by-law, shall conspicuously display on the premises, including the primary entrance doorways, signs reading "Smoking Prohibited By Law." Posting of the international symbol for "No Smoking" shall be deemed as compliance.

b.Food service establishments in which smoking is permitted under the waiver provisions of SECTION 8.22.2(2) shall post in a conspicuous location, at each entrance used by the general public, a notice provided by the Director of Public Health. This notice, which shall not be smaller than 80 square inches nor larger than 120 square inches in overall area, shall state that smoking is permitted in the establishment and contain a warning concerning the risks of environmental tobacco smoke.
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SECTION 8.22.4 SALE AND DISTRIBUTION OF TOBACCO PRODUCTS

a.Permit - No person, firm, corporation, establishment or agency shall sell tobacco products within the Town of Brookline without a valid tobacco sales permit issued by the Director of Public Health. Permits must be posted in a manner conspicuous to the public. Tobacco sales permits shall be renewed annually by June 1st, at a fee set forth in the Department's Schedule of Fees and Charges.

b.Tobacco Vending Machines - The sale of tobacco products by means of vending machines is prohibited.

c.Distribution of Tobacco Products - No person, firm, corporation, establishment or agency shall distribute tobacco products free of charge or in connection with a commercial or promotional endeavor within the Town of Brookline. Such endeavors include, but are not limited to, product ?giveaways", or distribution of a tobacco product as an incentive, prize, award or bonus in a game, contest or tournament involving skill or chance.

d.Sales to Minors - No person, firm, corporation, establishment, or agency shall sell tobacco products to a minor.

e.Advertising/Promotion - From and after January 1, 1995, free standing tobacco product displays in retail locations, where a tobacco product is accessible to the public, shall be within twenty feet and the unobstructed view of a check-out or cash register location.

SECTION 8.22.5VIOLATIONS AND PENALTIES

a.Any person who knowingly violates any provision of this by-law, or who smokes in any area in which a "Smoking Prohibited By Law" sign, or its equivalent, is conspicuously displayed, shall be punished by a fine of not more than $50 for each offense.

b.Any person having control of any premises or place in which smoking is prohibited who allows a person to smoke or otherwise violate this bylaw, shall be punished by a fine of not more than $100 for each offense.

c.Persons, firms, corporations or agencies selling tobacco products to minors or selling tobacco products without a Tobacco Sales Permit shall be punished by a fine of not more than $200 per day for each day of such violation.

d.Employees who violate any provision of Section 8.21.2(c) shall be punished by a fine of not more than $100 per day for each day of such violation.

e.Violations of this by-law may be dealt with in a non-criminal manner as provided in PART X of the Town By-Laws.

SECTION 8.22.6 SEVERABILITY

Each provision of this by-law shall be construed as separate to the extent that if any section, sentence, clause or phrase is held to be invalid for any reason, the remainder of the by-law shall continue in full force and effect.