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Melrose Board of Health

This section between the lines (new fee regulations) was added to this page on May 20, 2002

CITY OF
MELROSE
Health Department
City Hall - 562 Main Street
Melrose, Massachusetts 02176
(781)979-4130
fax(781)979-7696
.

MELROSE BOARD OF HEALTH

RULES AND REGULATIONS FOR LICENSES/PERMITS

Section 1

The Board of Health, City of Melrose, hereby orders that the following Rules and Regulations are hereby adopted this 12th day of November, 1997 under the authority of Section 31 of Chapter 111 of the Massachusetts General Laws.

Section 2 Definitions

Unless otherwise noted, definitions correspond to definitions noted in the State Sanitary Code of Food Establishments Article X 105 CMR 590.000

Occasional Food Service/Retail Food – no more than 15 non-consecutive days in a calendar year, i.e., fraternal organizations, et. al.

Section 3 Fee Schedule

Burial permit $ 15

Disposal Works Construction Permit 50
Disposal Works Installer Permit 50

Food
Caterer                                                  75
    Temporary Event                               25 , except licensed Melrose businesses
Farmers Market                                      0
Food Establishment <100 seats   100
Food Establishment >100 seats 125
Food Establishment - occasional    25
            Food Establishment – incidental           25
Frozen Dessert   40
            Houses of Worship                                 0
Mobile   75
Plan Review                                        50
           Pushcart                                              50
Residential 25
Retail Food <3000 sq ft 150
Retail Food >3000 sq ft 300
Retail Food - occassional 25
           Seasonal – non profit                            10
           Temporary                                           25, except licensed Melrose businesses

Funeral Director 50

Late fee 10 per day

Massage Therapist 100/75 renewal
Massage Therapy Establishment 25 per practitioner, maximum $150

Motel 75

Recreation Camp 10

Swimming Pool - indoor 100
Swimming Pool - outdoor 100
Swimming Pool - special purpose 100

Tanning 25 per tanning device, maximum $150

Tobacco 50

Trash Haulers/Offal 200 per business

Section 4 Variance

4.1 Any person(s) may submit a written request to the Board of Health for a variance in any of the application of any provision of these Rules and Regulations when the enforcement thereof would do manifest injustice insofar as it does not contradict the intent of these regulations. The Board of Health shall respond in writing within 14 days.

4.2 Any person(s) who has been refused a granting of a variance may request a hearing before the Board of Health within 7 days after the day refusal was served. Upon receipt of such petition the Board of Health shall set a time and place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than 45 calendar days after the day on which the refusal was served. The 30 day period may be extended if in the opinion of the Board of Health the petitioner has submitted a good and sufficient reason for postponement.

4.3 At the hearing the petitioner shall be given an opportunity to be hear and to show why the variance should be granted. After the hearing, the Board of Health shall sustain, modify or withdraw the order and shall inform the petitioner in writing of this decision.

These regulations are in effect November 20, 1997 as published in the Melrose Free Press. Section 3 Fee Schedule was revised at the September 9, 1998 Board of Health meeting and are in effect October 8, 1998.

Legal notice of Public Hearing in Free Press 10/30/97
Public Hearing 10/30/97
Copy of regulations sent to DEP received 11/14/97
Summary of regulations in Free Press 11/20/97
Effective 11/20/97

Legal notice of Public Hearing for revisions in Free Press August 27, 1998
Public Hearing and vote September 9, 1998
Copy of revised regulations sent to DEP September 29, 1998
Summary of revisions to regulations in Free Press October 8, 1998
Revisions effective October 8, 1998

Legal notice of Public Hearing for revision in Free Press October 7, 1999 (Recreation Camp)
Public Hearing and vote October 13, 1999
Copy of revised regulations sent to DEP December 6, 1999
Summary of revisions to regulations in Free Press December 9, 1999
Revisions effective December 9, 1999

Legal notice of Public Hearing for revision in Free Press November 2, 2000 (Motel)
Public Hearing November 8, 2000
Vote for approval May 30, 2001
Copy of revised regulations sent to DEP June 6, 2001
Summary of revisions to regulations in Free Press June 14, 2001
Revisions effective June 14, 2001

Legal notice of Public Hearing for revision in Free Press May 7, 2002 (multiple)
Public Hearing May 14, 2002
Vote for approval May 14, 2002
Copy of revised regulations sent to DEP May 21, 2002
Summary of revisions to regulations in Free Press May 30, 2002
Revisions effective June 1, 2002

Rules and Regulations for Body Art Establishments and Practitioners

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 16
10. Complaints page 17
11. Application for Body Art Establishment Permit page 17
12. Application for Body Art Practitioner Permit page 18
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 21
16. Severability page 21
17. Fine for Violation page 22
18. Effective Date page 22

1. Purpose

Whereas body art is becoming prevalent and popular throughout the Commonwealth; and whereas knowledge and practice of 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 Board of Health of the City of Melrose passes these rules and regulations for the practice of body art in the City of Melrose 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 Board of Health 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 Board of Health 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 which 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.”

Board of Health or Board means the Melrose Board of Health.

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 Board, 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 Board to perform body art in an establishment that has been granted a permit by the Board.

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 inan-imate 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 manufacturer's 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 parental 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.

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

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 Board, physically large enough to fully submerge instruments in liquid, which removes all foreign matter from the instruments by means of high frequency oscillations transmitted through the contained liquid.

Universal Precautions means 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.

4. Exemptions

(A) Physicians 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 presterilized 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 consenting to such procedure. Properly identified shall mean a valid photo identification of the adult and a birth certificate of the minor.

(D) The following body piercings are hereby prohibited: piercing of the uvula; piercing of the tracheal area; piercing of the neck; piercing of the ankle; piercing between the ribs or vertebrae; piercing of the web area of the hand or foot; piercing of the lingual frenulum (tongue web); piercing of the clitoris; any form of chest or deep muscle piercings, excluding the nipple; piercing of the anus; piercing of an eyelid, whether top or bottom; piercing of the gums; piercing or skewering of a testicle; so called “deep” piercing of the penis – meaning piercing through the shaft of the penis, or “trans-penis” piercing in any area from the corona glandis to the pubic bone; so called “deep” piercing of the scrotum – meaning piercing through the scrotum, or “transcrotal” piercing; so called “deep” piercing of the vagina.

(E) The following practices hereby prohibited unless performed by a medical doctor licensed by the Commonwealth of Massachusetts: tongue splitting; braiding; three dimensional/beading/implementation
tooth filing/fracturing/removal/tatooing; cartilage modification; amputation; genital modification; introduction of saline or other liquids.

6. Operation of Body Art Establishments

Unless otherwise ordered or approved by the Board, each body art establishment shall be constructed, operated and maintained to meet 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, and 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 a 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 Board-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, leakproof, 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 to accommodate the cleaning equipment 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) No reusable cloth items shall be used.

(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 Adminstration. 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 Board. 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 Board. These test records shall be retained by the operator for a period of three (3) years and made available to the Board 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 Board. 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 Melrose Board of Health

(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 Board 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) a record 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;
(f) A Material Safety Data Sheet, when available, for each ink and dye used by the establishment;
(g) copies of waste hauler manifests
(h) copies of commercial biological monitoring tests
(i) 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) date of the procedure;
(e) name of the practitioner who performed the procedure(s);
(f) description of procedure(s) performed and the location on the body;
(g) a signed consent form as specified by 7(D )(2); and,
(h) 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 Board 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 Board upon request.

(F) No person shall establish or operate a Mobile or Temporary Body Art
Establishment.

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 Universal Precautions set forth by the U.S Centers for Disease Control and Prevention.

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

(C) 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.

(D) 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, or other sensitivities;
(e) history of epilepsy, seizures, fainting, or narcolepsy;
(f) use of medications such as anticoagulants, 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 7(K).

(E) 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.

(F) In performing body art procedures, a practitioner shall wear 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 (E) 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.

(G) 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.

(H) 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.

(I) 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 or safety razors with single-service blades shall be used. Blades shall be discarded after each use, and reusable holders shall be cleaned and autoclaved after 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.

(J) 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.

(K) 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 Board.

(L) 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

The Body Art Practitioner shall complete an Exposure Incident Report by the close of the business day four every exposure incident.

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, signed by the Body Art Practitioner.

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 Board 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 name and address of the affected client’s health care provider, if any;
(E) any other information considered relevant to the situation.

10. Complaints

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

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

(C) If the Board finds that an investigation is required, because the alleged act or practice may be in violation of the Board's regulations, the Board shall investigate and if a finding is made that the act or practice is in violation of the Board's regulations, then the Board 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 Board.

(B) Applications for a permit shall be made on forms prescribed by and available from the Board. 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 Board.

(D) The Board 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 Board’s body art regulations;

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

(4) Exposure Report Plan

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

(E) The annual fee for the Body Art Establishment Permit shall be $100 per operator area.

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

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 Board. The fee shall be $100 per year.

(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 Board.

(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 Board 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 Board and, at a minimum, shall include the following:

(a) bloodborne pathogen training program (or equivalent) 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 (CPR).

Examples of courses approved by the Board include "Preventing Disease Transmission" (American Red Cross) and "Bloodborne Pathogen Training" (U.S. OSHA). Training/courses provided by professional body art organizations or associations or by equipment manufacturers may also be submitted to the Board for approval.

(3) The applicant for a body piercing practitioner permit shall provide documentation, acceptable to the Board, that s/he completed a course on anatomy and physiology with a grade of C or better at a college accredited by the New England Association of Schools and Colleges, or comparable accrediting entity. This course must include instruction on the system of the integumentary system (skin).

(5) The applicant for a tattoo, branding or scarification practitioner permit shall provide documentation, acceptable to the Board, that s/he completed a course on anatomy and physiology with a grade of C or better at a college accredited by the New England Association of Schools and Colleges, or comparable accrediting entity. This course must include instruction on the system of the integumentary system (skin). Such other course or program as the Board shall deem appropriate and acceptable may be substituted for the anatomy course.

(6) The applicant for all practitioners shall submit evidence satisfactory to the Board 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) A practitioner’s permit shall be conditioned upon continued compliance with all applicable provisions of these rules and regulations.

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

(A) The Board 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 Board 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 Board’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 Board's regulations.

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

(B) The Board shall notify an applicant, establishment or practitioner in writing of any violation of the Board's regulations, for which the Board 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 Board's regulations. The Board 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.

14. Grounds for Suspension of Permit

The Board 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 Board 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 Board.

15. Procedure for Hearings

The owner of the establishment or practitioner shall be given written notice of the Board’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 Board 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 $100 per offense. Each day that a violation continues shall be deemed to be a separate offense.

18.Effective Date

These rules and regulations shall be effective as of February 1, 2001.

Public Hearing November 8, 2000
Passed by the Board of Health January 24, 20001
Copy sent to DEP January 29, 2001
Summary published in Melrose Free Press February 1, 2001

CITY OF
MELROSE
Health Department
City Hall - 562 Main Street
Melrose, Massachusetts 02176
(781)979-4130
(781)-979-7696

Peter M. Reveno, M.D. Osborne Ward
Chairman Patricia Lowery

Melrose Board of Health
Rules and Regulations Regarding Environmental Tobacco Smoke in
Food Service Establishments, Retail Food Stores and Municipal Buildings

A. Statement of Purpose

Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases,
negative birth outcomes, irritations to the eyes, nose, and throat, and whereas the harmful effects of
tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke hereinafter (E.T.S.), which includes both exhaled smoke and the side stream smoke from burning cigarettes, causes the death of 53,000 Americans each year; and whereas the Environmental Protection Agency (1993) has designated environmental tobacco smoke to be a Class A carcinogen similar to radon and asbestos with no known safe levels of exposure; now, therefore, the Board of Health of the City of Melrose recognizes the right of those who wish to breath smoke-free air and establishes this regulation to protect and improve the public health and welfare by prohibiting smoking in certain public places including food service establishments, retail food stores and municipal
buildings.

B. Authority

This regulation is promulgated under the authority granted to the Melrose Board of Health under Massachusetts General Law 111, Section 31.

C. Definitions

For the purposes of this regulation, the following words shall have the meanings respectively ascribed to them by this paragraph.

Board: The Board of Health of the City of Melrose

Bar: An establishment whose business is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such
beverages.

City: City of Melrose

Employee: Any individual person who performs services for an employer with or without pay.

Employer: An individual person, partnership, association, corporation, trust, or other organized group of individuals, including the City of Melrose or any agency thereof, which utilizes the services of one (1) or
more individual employees.

Food Service Establishment: A place where food is prepared and intended for individual portion service,
and includes the site at which individual portions are provided. The term includes such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food.
It includes all establishments licensed by the Board of Health under the State Sanitary Code, Article X.

Person: Any person, firm, partnership, association, corporation, company or organization of any kind including but not limited to an owner, operator, manager, proprietor or person in charge of any building,
establishment, business, or food service establishment or retail food store, or the agents or designees of any of the foregoing.

Public Place: Any building or facility owned or operated by the town, including school buildings or
grounds.

Retail Food Store: Any establishment where food and food products are offered to the consumer and
intended for off-premises consumption as licensed by the Board of Health under the State Sanitary Code
Article X.

Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other tobacco product
in any form.

D. Posting Notice of Prohibition

Every person having control of premises upon which smoking is prohibited by and under the authority of this regulation shall conspicuously display upon the premises “No Smoking” signs or the international
“No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.)

E. Smoking Prohibited

No person shall smoke nor shall any person, employer, or other person having control of the premises upon which smoking is prohibited by this regulation, or the agent or designee of such person, permit a person to smoke in any of the following places as defined herein: bars, food service establishment, public
places, police and fire vehicles, retail food stores except as otherwise provided in Paragraph E of this regulation.

Additionally, no person shall smoke in any place in which a sign conforming to the requirements of
Paragraph D of this regulation is posted. No person shall remove a sign posted under the authority of
Paragraph D of this regulation.

F. Exceptions

Notwithstanding the provisions of Paragraph E of this regulation, smoking shall be permitted in the following places and/or circumstances:

(1) Private residences, except when used as a licensed child care facility
(2) Private clubs and organizations which hold a club alcoholic beverage license
(3) Separate function room or private function of a food service establishment

G. Conflict with Other Laws or Regulations

Notwithstanding the provisions of the foregoing Paragraph F of this regulation, nothing in this regulation shall be deemed to amend or repeal applicable fire, health or other regulations so as to permit smoking in areas where it is prohibited by such fire, health or other regulations.

H. Variance

The Board of Health may vary any provision of these regulations with respect to any particular case when, in its opinion, the enforcement thereof would do manifest injustice provided that the decision of the Board of health shall not conflict with the spirit of these standards.

Written application must be made to the Board of Health for a variance from these regulations. Every variance is subject to a public hearing. Notice of a hearing shall be posted as part of a public notice of the Board of Health meeting, at which time the Board of Health will consider the application.

Any variance granted by the Board of Health shall be in writing. A copy of the variance shall be available for public inspection on the premises for which it is issued.

I. Violations

Any person who violates this regulation shall be subject to a fine in an amount of fifty dollars ($50) for a first offense, one hundred dollars ($100) for a second offense and one hundred fifty dollars ($150) for a
third offense.

J. Enforcement

Any citizen who desires to register a complaint under this regulation may request that the Board of Health
initiate enforcement.

K. Severability

If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions being in force.

L. Effective date

These regulations shall be effective as of March 1, 1999.

Legal Notice of Public Hearing in Free Press October 8, 1998
Public Hearing October 21, 1999
Board of Health vote November 10, 1998
Summary published in Melrose Free Press December 3, 1998
Certified copy sent to DEP November 17, 1998

Legal Notice of Public Hearing for addition of Variance Section in Free Press Jan. 28, 1999
Public Hearing February 3, 1999
Board of Health vote February 3, 1999
Summary published in Melrose Free Press February 11, 1999
Certified copy sent to DEP February 5, 1999

CITY OF
MELROSE
Health Department
City Hall - 562 Main Street
Melrose, Massachusetts 02176
(781)979-4130
fax(781)979-7696

Peter M. Reveno, M.D. Osborne Ward
Chairman Patricia Lowery

MELROSE BOARD OF HEALTH

RULES AND REGULATIONS FOR LICENSES/PERMITS

Section 1

Section 2 Definitions

Unless otherwise noted, definitions correspond to definitions noted in the State Sanitary Code of Food Establishments Article X 105 CMR 590.000

Occasional Food Service/Retail Food – no more than 15 non-consecutive days in a calendar year, i.e., fraternal organizations, et. al.

Section 3 Fee Schedule

Burial permit $ 5

Disposal Works Construction Permit 50
Disposal Works Installer Permit 25

Food
Caterer                                                  50
    Temporary Event                                 5
Farmers Market                                      0
Food Establishment <100 seats 75
Food Establishment >100 seats 100
Food Establishment - occasional   15
            Food Establishment – incidental          15
Frozen Dessert   25
            Houses of Worship                                 0
Mobile 50
Pushcart 25
Residential 25
Retail Food <3000 sq ft 75
Retail Food >3000 sq ft 150
Retail Food - occassional 15
           Seasonal – non profit                            10
           Temporary                                              5
            Victorian Fair                                         0

Funeral Director 25

Massage Therapist 100
Massage Therapy Establishment 25 per practitioner, maximum $150

Motel 50

Recreation Camp 10

Swimming Pool - indoor 100
Swimming Pool - outdoor 50
Swimming Pool - special purpose 100

Tanning 25 per tanning device, maximum $150

Tobacco 50

Trash Haulers/Offal 75 per business

Section 4 Variance

Legal notice of Public Hearing in Free Press 10/30/97
Public Hearing 10/30/97
Copy of regulations sent to DEP received 11/14/97
Summary of regulations in Free Press 11/20/97
Effective 11/20/97