Article 3. Regulation Governing the Keeping of Animals
 

These regulations are adopted under the authority of MGL chapter 111, section 31.  These regulations are in effect on and after April 1, 2002 and so remain unless amended by the Methuen Board of Health.

1. Purpose
Whereas minimum standards for the protection of the public health, animal welfare, and the environment are considered necessary for the welfare of the community the Methuen Board of Health has adopted these regulations.

2. Definitions

Animal shall mean any animal such as, but not limited to, cattle, goats, sheep, swine, equines, llamas, poultry, pigeons, or reptiles.

Board shall mean the Methuen Board of Health.

Exotic refers to an animal not native to this region.

Keeping of Animals Permit refers to a permit issued for the keeping of animals in accordance with the provisions of this regulation.

Nuisance shall mean any condition including, but not limited to, noise, offensive odor, attraction or breeding of insects, an environment supporting growth of vermin, presence of rodents, or any other condition having public health or environmental significance.

Poultry refers to all domesticated or semi-domesticated edible fowl ordinarily kept for food or eggs.

Stable means a building used for the shelter of domestic animals.

3. Permit and Application Requirements

A. A permit to keep animals shall be required for anyone keeping animals as defined in this regulation.
B. Applications for an initial permit for the purpose of keeping animals shall be made to the Health Department for each location where animals are kept in the City and provide the following information:
(1) Full name, address, and telephone number of the applicant
(2) Location of the premises to be used
(3) Number and species of animals to be kept
(4) Area of the premises to be used for keeping animals
(5) An informal plot plan, showing the lot borders with dimensions, area where the animals will be kept, location of animal housing, any bodies of water or surface watercourses located within one hundred feet of the housing for the animal(s), location of any septic system on the premises, location of any private wells within the perimeter of the area where the animal(s) will be kept or within one hundred feet of the perimeter
(6) A written plan for management and disposal of animal waste and storage of feed
(7) Type of enclosure to be used for confining the animal(s).

C. For the initial application for a permit to keep animals after the effective date of this regulation, the applicant shall notify the adjacent property abutters by certified mail that an application has been filed at the Health Department for a permit to keep animals.  A copy of the notification sent to the abutters and proof of notification shall be provided to the Health Department.  A hearing to grant the initial permit shall be held before the Board of Health within thirty days of filing a completed application or the Health Department shall grant the initial permit if no abutter responds negatively within thirty days.

D. Fees for permits shall be determined by the Board of Health and be subject to annual review.

E. Permits shall expire on November 30 of each year.  Application for renewal of a permit is the responsibility of the holder of the permit.  Application for permit renewal should be submitted to the Health Department no later than the first day of November.  Permits are not transferable.

F. No person shall erect, remodel, occupy or use for a stable any building without the prior review and approval of the Health Department.
 
 

4. Standards of Care

A. Animal owners shall provide for the sanitary storage and disposal of all waste and manure related to the keeping of the animal(s).
B. Animals shall not be allowed to roam from the designated area as noted in the application.
C. The area in which the animals are kept shall be maintained in such a manner as to prevent the spread of infectious or contagious disease.
D. All areas where the animals are kept must be cleaned as frequently as necessary to ensure sanitary conditions.
E. An adequate structurally sound dry shelter for the animals shall be maintained on the premises.
F. Sufficient clean water and fresh food consistent with each animal’s dietary requirements shall be available for all animals.
G. Any necessary equipment for storage or disposal of waste material to control vermin, insects, disease or offensive odors shall be provided.
H. Containers used for the feeding and watering of all animals shall be kept clean and free of debris and contamination.
I. Animals shall be kept clean.
 

5. Location of Stables

A. Stables shall be located at least one hundred feet from any dwelling on abutting property.
B. Stables must be of durable construction, adequately ventilated, and provide protection from cold wind and precipitation.
C. Stables shall be located on land with good drainage that is not susceptible to flooding.

6. Keeping of Pigeons
A. Pigeons allowed free flight shall not be allowed to roost on or above abutting property.
B. It shall be considered adequate cause for revoking a permit for the keeping of pigeons if it demonstrated that the flight activities of the pigeons are adversely affecting adjacent property.

7. Enforcement
A. The Board of Health may deny, suspend, revoke, or refuse to renew a permit for failure to comply with the provisions of this regulation.
B. Violations of this regulation are punishable by a fine of twenty-five ($25) as provided for in the provisions of MGL chapter 40, section 21D.

8. Severability
Each part of these regulations shall be considered as separate, to the end that if any part is deemed to be invalid, the remainder of the regulation shall remain in force.
 
 
 
 
 

Adopted January 29, 2002
 On May 17, 2000 the Methuen Board of Health approved a regulation requiring anyone seeking to locate any potentially offensive or noisome trade, which may result in a nuisance or cause noisome and injurious odors, to receive site assignment approval from the Board of Health.  This regulation affirms the Board’s authority to regulate offensive trades or occupations in accordance with MGL c. 111, §143.

This regulation is adopted under the authority of MGL c 111, §31 and shall be effective immediately upon publication and shall constitute Article 16 of the Methuen Board of Health Regulations.

Article 16.  Regulation of Noisome or Offensive Trades

16.1 Purpose.  The purpose of this regulation is to prevent and control offensive or noisome trades which may be injurious to public health or unreasonably interfere with the comfortable enjoyment of life.

16.2 Definitions.  A noisome trade is defined as any trade or employment that may result in a nuisance, endanger the public health, be associated with any dust or odor generating operations, or contribute to a condition of air pollution.  It shall specifically include, but not be limited to both automobile body repair shops and automobile repair shops.
Abutters are defined as anyone within a 300 foot radius of the considered site.

16.3 Hearing.  Before anyone may operate any automobile body repair or automobile repair shop or other potentially offensive trade a public hearing must be held before the Board of Health.  At the hearing the Board shall determine whether the proposed trade or occupation may cause harm to the public.
The proponent is responsible for notifying all abutters of the date, time and location of the Board of Health hearing at least 10 calendar days before the day of the hearing. Proof of notification shall be provided at the hearing.

16.4 Site Assignment.  If the Board finds there is no possible danger to the public health it will authorize the Health Department to issue an order of site assignment.
 

Rules and Regulations for Body Art Establishments and Practitioners

Section:
1. Purpose
2. Authority
3. Definitions
4. Exemptions
5. Restrictions
6. Operation of Body Art Establishments
7. Standards of Practice
8. Injury Reports
9. Complaints
10. Application for Body Art Establishment Permit
11. Application for Body Art Practitioner Permit
12. Grounds for Denial of Permit, Revocation of Permit or Refusal to
 Renew Permit
13. Grounds for Suspension
14. Hearings
15. Severability
16. Fines
 

1. Purpose
Whereas knowledge and practice of universal precautions, sanitation, personal hygiene, sterilization and aftercare requirements on the part of the body art practitioner is necessary to prevent the transmission of disease or injury the Methuen Board of Health adopts these regulations for the practice of body art in the City of Methuen as part of the mission to protect the health 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 instructions means written instructions given to the client, about the care for the body art procedure performed, 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 and pressure over a period of time.

Autoclaving is a process resulting in the destruction of all forms of microbial life, including highly resistant spores, by the use of an autoclave.

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

Board of Health or Board means the Methuen Board of Health.

Body Art means the practice of physical body adornment by practitioners using, but not limited to, such techniques as body piercing, tattooing, cosmetic tattooing, branding, or scarification. This definition does not include practices that are considered medical procedures by the Board of Registration in Medicine which are prohibited.

Body Art Establishment or Establishment means a location, place, or business, whether public or private, where the practice of body art is performed, whether or not conducted 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 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.

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.

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

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

Ear piercing is 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 includes all machinery, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in connection with the operation of a body art establishment.

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

Health Department specifically indicates the Methuen Health Department.

Hot water is water at a temperature of 110ºF or more.

Instruments Used for Body Art includes all 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 refers to 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 or worn in a pierced area.

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

Mobile Body Art Establishment is any trailer, truck, car, van, camper or other motorized or non-motorized vehicle, a shed, tent, or movable facility where body art procedures are offered or performed.

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

Permit means approval in writing from the Health Department to either (1) operate a body art establishment or (2) operate as a body art practitioner within a body art establishment.  Such permit 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 Board’s jurisdiction.

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 requiring 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.

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

Sterilize means the use of a physical or chemical procedure to destroy all forms of microbial life.

Sterilization area means the physical area in a Body Art Establishment having a sink and used for the sterilization, sanitizing or other cleaning of instruments or equipment used for the practice of body art.

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

Tattooing refers to the procedure for placement of a tattoo, resulting in permanent coloration of the skin.  This term includes all forms of cosmetic tattooing.

Ultrasonic Cleaning Unit is an electrical device, which removes all foreign matter from 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.

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

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 the following minimum requirements:

(A)   Physical Plant

(1) Walls, floors, ceilings, and procedure surfaces shall be smooth, durable, washable, and in good repair.  Carpeting is not allowed. 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 be free of insects, vermin, and rodents.

(4) Each operator area shall have a minimum of 45 square feet of floor space for each practitioner.  Each establishment shall have an area screened from public view for clients requesting privacy.  If there are multiple body art stations, each body art station shall be physically separated by a structural divider.

(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 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 and reasonably accessible for each operator.

(8) 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.

(9) 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.

(10) At least one service sink or curbed cleaning facility equipped with a floor drain shall be provided and conveniently located for the exclusive cleaning of mops or other similar wet floor cleaning tools and the disposal of mop water and similar liquid wastes.

(11) 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.

(12) The establishment shall have a separate area for the cleaning and sterilizing of all instruments used for body art application.

(13) 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.

(14) No animals of any kind shall be allowed in a body art establishment except service animals used by persons with disabilities.  Fish aquariums shall be allowed in waiting rooms and nonprocedural areas.

(15) Smoking, eating, or drinking is prohibited in the area where body art is performed.

(16) Mobile body art establishments are prohibited.

(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 an 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 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.  Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into a single use sterile container.  Upon completion of the tattoo, the single use container and contents shall be discarded.

(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 then be placed in an ultrasonic cleaning unit operated in accordance with manufacturer's instructions.

(2) After being cleaned, all non-disposable instruments used for body art shall be placed in sterilizer packaging and subsequently sterilized in a steam autoclave.  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 manufacturer's recommended procedures for the operation of the autoclave must be available for inspection.  Autoclaves shall be located away from the public access.

(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.  Tests shall be verified by an independent laboratory.  Test records shall be retained by the operator for a period of three (3) years and shall be available to the Health Department upon request.

(5) All instruments used for body art procedures shall remain stored in sterile packages 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 re-sterilizing.

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

(8) When assembling instruments used for body art procedures, the operator shall wear disposable medical gloves and use medically recognized sterile techniques to ensure that the instruments and gloves are not contaminated before use.  Instruments must be placed on a sterile work surface.

(9) Reusable cloth items shall be mechanically washed with detergent and hot water and mechanically dried after each use.  Cloth items shall be stored in a dry, clean environment until used.

(D)   Posting Requirements

The following shall be prominently displayed:

(1)  A Disclosure Statement, approved by the Methuen Health Department, to be given to each client, before performing any procedure covered by these regulations.

(2)  An Emergency Plan, including:
(a) a written plan for the purpose of contacting 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 during all hours of operation.

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

(4)  A current establishment permit from the Health Department.

(5)   Each practitioner’s permit issued by the Health Department.

(E)  Establishment Records

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 Methuen Health Department upon request:

(1)   Establishment information, which shall include:
(a)  establishment name;
(b)  hours of operation;
(c)  owner's legal 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;
(f) Material Safety Data Sheets for all inks or dyes used
(g) a current 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; and
(e) photograph;
(f) dates of employment;
(g) Proof of Hepatitis B vaccination status
(h) training records

(3)   Client Information, which shall include:
(a)  name;
(b)  date of birth
(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;
(f) 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.

(4) Client information shall be kept confidential at all times.

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.

(D)    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 performing 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) 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 consents to the performance of the body art procedure and that the client has been given aftercare instructions.

(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.

(F) In performing body art procedures, a practitioner shall wear sterile gloves.  Gloves shall be changed during a procedure 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 after the completion of each procedure performed on an individual client, and hands shall be washed in accordance with section (E) before the next set of gloves is put on the hands.  Under no circumstances shall a single pair of gloves be used for more than one person.

(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 establishment 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 a procedure shall be replaced immediately with a new sterilized instrument before the procedure continues.

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

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

(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 warm water.  If shaving is necessary, single use disposable razors or safety razors with single service blades shall be used. Blades shall be discarded in a sharps container 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 warm 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 containers, 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) Jewelry 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.
(L) Contaminated waste shall be handled in accordance with the requirements of 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waster, State Sanitary Code, Chapter VIII.
 
 

8   Injury 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 Methuen Health Department, 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 address of the body art establishment involved;
(C)  the nature of the injury or complication;
(D) the name the health care provider treating the client, if any;
(E) other information considered relevant to the situation.
 

9.  Complaints

(A)  The Health Department shall investigate all complaints reasonably expected to violate any provision of these regulations.

(B)  If a finding is made that an act or practice is in violation of the these 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.
 

10.  Application for Body Art Establishment Permit

(A)    No person may operate a body art establishment without  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.  The term “application” as used herein shall apply to the original and subsequent renewal applications.

(C) An establishment permit shall be valid from the date of issuance and for no longer than one year unless suspended by the Director of Public Health or revoked by the Board.

(D) The applicant shall 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 legal name of the operator of the establishment;
(c) the legal name of all body art practitioner(s) working at the establishment;

(2) The manufacturer and model number 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;

(4) A scaled drawing of the floor plan of the proposed establishment review by the Health Department, as part of the permit application process; and,
(5)  Such additional information as the Health Department may reasonably require.

(E)    The Board shall set an annual fee for a permit.

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

11.  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 suspended by the Director of Public Health or revoked sooner by the Board.

(D)    Application for a practitioner’s permit shall minimally  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) Training for all practitioners shall be approved by the Director of Public Health, and shall, at a minimum, include the following:

(a) bloodborne pathogen training program (or equivalent) which includes infectious disease control; waste disposal; sterilization equipment operation and methods; sanitization, disinfection and sterilization methods; 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 Director of Public Health for approval.

(2) The applicant for a body art practitioner permit shall provide documentation, acceptable to the Director of Public Health, that s/he completed a course on anatomy and physiology with a minimum grade of “C” at a college accredited by the New England Association of Schools and Colleges, or comparable accrediting agency.  Another course or program may be considered as an appropriate substitute for the anatomy course.

(3) The applicant shall submit evidence of at least one year of actual experience in the practice of performing body art activities, 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 regulations.
 

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

(A)  The Director of Public Health or the Board may deny a permit or its renewal for:

(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 considered 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 dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, alcohol, 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;

(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 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 these regulations, for which the Director or 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.

(C) Applicants denied a permit may reapply thirty (30) days after the date of denial.
 

13.  Grounds for Suspension of Permit

The Health Department may summarily suspend a permit if the Director of Public Health 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.

14.  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 hand.  The notice shall include the date, time and place of the hearing and the right of the owner of the establishment or practitioner 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.

15.    Severability

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

16.   Fine for Violation

The fine for a violation of any provision of these Rules and Regulations shall be $100.00 per offense.  Each day that a violation continues shall be deemed to be a separate offense.
 

ADOPTED BY METHUEN BOARD OF HEALTH MARCH 21, 2001
 
 
 

Methuen
Board of Health
 

Regulations Affecting Smoking in Certain Places and Youth Access to Tobacco

Statement of Purpose

There exists conclusive evidence that tobacco smoke causes cancer, respiratory diseases, cardiovascular disease, negative birth outcomes, as well as irritation 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 ETS), which includes both exhaled smoke and the side stream smoke from burning cigarettes, causes the death of 53,000 Americans each year (Glantz, et al., Circulation vol. 83, 1991); and whereas the U.S. Public Health Service’s National Toxicology Program listed environmental tobacco smoke as a known human carcinogen, now, therefore, the Board of Health of the City of Methuen, recognizing the right of those who wish to breathe air free of tobacco smoke, adopts this regulation to protect the public health by prohibiting smoking in public places.

Further, the Board of Health finds cigarette smoking and other tobacco use by minors to be a continuing problem with grave public health consequences. More than 90% of all smokers begin smoking before the age of eighteen (the legal age to be sold tobacco in the Commonwealth) and an estimated 3,000 minors begin smoking every day in the United States. In recognition of the US Surgeon General's conclusion that nicotine is as addictive as cocaine or heroin, there is an important health need to curtail the easy access of minors to cigarettes and other tobacco products.

Authority

These regulations are adopted pursuant to Massachusetts General Laws Chapter 111, Section 31, as reasonable health regulations designed to protect and improve the health of all those who live and work in the City of Methuen.

Section 1. Definitions

Bar:   An establishment whose business is devoted to the serving of alcoholic beverages for consumption by guests on the premises and where at least seventy percent of sales are directly from the serving of alcohol.

Bar area of a restaurant: An area of a restaurant that is devoted to the serving of alcoholic beverages for consumption by guests or patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages.

Board: The Board of Health in the City of Methuen.
 

Business: Any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

Business Agent: An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment.

City: The City of Methuen

Employee: Any person who is employed by any employer for direct or indirect monetary wages, or profit, and any person who volunteers his or her services.

Employer: Any individual, partnership, association, corporation, trust or other organized group of individuals including the City of Methuen, or any agency thereof, which regularly uses the services of one (1) or more employees.

Enclosed: A space bounded by walls with a door and under a roof.

Food Service Establishment: Any place in which food is prepared for service with or without charge, including, but not limited to any restaurant, coffee shop, cafeteria, luncheonette, short-order cafe, pizza shop, donut shop, grille, tea room, sandwich shop, bar, tavern, or lounge.

Indoor Sports Arena: Any sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller or ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition or witness a sports event.

Minor: Any person less than eighteen years of age.

Municipal Building: For the purpose of this regulation, Municipal Building means the City Hall, City Offices, Police/Fire Stations, Schools and School Administration Building, Department of Public Works and all Municipal Maintenance Buildings, and any and all facilities owned and/or operated by the city.

Municipal Employee: Any person who is employed by the City of Methuen.

Nonsmoking Area: Any area where smoking is prohibited.

Private Club:   A not-for-profit establishment created and pursuant to M.G.L. Ch. 180 as a charitable corporation with a defined membership.  A private club is not a place of public accommodation but rather distinctly private.  Criteria used to determine whether a club is distinctly private include, but is not limited to, those factors identified in 204 CMR 10.02.  If the private club holds an alcoholic beverage license, said license shall be a “club license” or a “war veterans club license” as defined in M.G.L. Ch. 138 §12 and by the Massachusetts Alcohol Beverage Control Commission.  Said license is subject to the terms set forth by the local licensing authority.

Public Place: An enclosed, indoor area opened to, and used by, the general public, including but not limited to the following: licensed childcare location, elevators accessible to the public, clinics and nursing homes, inns, hotel and motel lobbies, stairwells, halls, entranceways, public restrooms, libraries, municipal buildings, museums, retail food establishments, indoor sports arenas, theaters, auditoriums, public transit facilities not owned by the Commonwealth of Massachusetts or United States Government, and any rooms or halls when used for public meetings. A room or hall used for a private social function in which the sponsor of the private function, and not the owner or proprietor, has control over the seating arrangements shall not be construed as a public place.

Restaurant: Any establishment where food is prepared or served for individual consumption on the premises.  The term includes such places regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. This term includes cafeterias in the workplace.

Retail Food Establishment: Any establishment commonly known as a supermarket, grocery store or convenience store in which the primary activity is the sale of food items to the public for consumption off the premises.

Retail Store: Any establishment selling goods, articles or personal services to the public and shall not include restaurants as defined in this regulation.

Service Line: Any indoor line at which one (1) or more persons are waiting for, or receiving service of any kind, whether or not such service involves the exchange of money.

Smoking: Inhaling, exhaling, the lighting of, or having possession of any lighted cigar, cigarette, pipe or other tobacco product.

Tobacco: Cigarettes, chewing tobacco, snuff or tobacco in any of its other forms.

Tobacco Vending Machine: A mechanical device that dispenses tobacco products by self-service or by remote control.
 

Workplace:  Any enclosed area of a structure or portion thereof at which one (1) or more employees perform services for their employer (including the personal residence of the employer during those hours when used as a place of employment.

Section 2. City Owned Facilities and Municipal Buildings

Smoking of cigarettes or other tobacco products shall not be permitted in municipal
buildings in the City or any enclosed facility owned or operated by the City.
Smoking shall not be permitted in municipal vehicles.
 

Section 3. Prohibition on Smoking in Public Places

A. Except as otherwise excluded in Section 5 herein, smoking shall be prohibited in all enclosed public places within the City of Methuen including, but not limited to the following:

1. Elevators.

2. Buses, taxicabs, and other means of public transit under the authority of the  City, and ticket, boarding, and waiting areas of public transit depots.

3. Restrooms.

4. Service Lines.

5. Retail Stores. The prohibition on smoking in public places shall apply to retail stores doing business with the general public.

6. Retail Food Establishments. The prohibition on smoking in public places shall apply to retail food establishments doing business with the general public.

7. All areas available to and customarily used by the general public in all businesses  and non-profit entities patronized by the public, including, but not limited to,  professional offices and other offices, banks, laundromats, hotels, and motels.

8. Restaurants/Foodservice Establishments. The prohibition on smoking in public places shall apply to all restaurants and foodservice establishments including bar areas.

9. Any building not open to the sky which is primarily used for exhibiting any  motion picture, stage, drama, lecture, musical recital, or other similar  performance, except when smoking is part of a stage production.

10. Indoor sports arenas.

11. Every room, chamber, place of meeting or public assembly, including those within public or private schools, or any building under the control of any board, council, commission, committee, including joint committees, agencies of the City of Methuen or any political subdivision of the Commonwealth of Massachusetts during such time as a public meeting is in progress, to the extent such place is subject to the  jurisdiction of the City of Methuen.

12. Waiting rooms, lobbies, hallways, wards, restrooms and private or semiprivate  rooms of health facilities including but not limited to hospitals, clinics, physical  therapy facilities, physicians' offices, and dentists' offices.

13. Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities.

14. Lobbies, hallways, and other common areas in multiple unit commercial facilities.

15. Polling places.

16.  Private clubs during such times when open to the public.

B.      “No Smoking” signs, or the international “No Smoking” symbol of a pictorial   representation of a burning cigarette enclosed within a red circle with a red bar across it shall be conspicuously displayed wherever smoking is prohibited by these regulations.  Signs shall be subject to the approval of the Health Department and shall be posted at all entrances.
 

Section 4. Regulation of Smoking in Workplaces not listed in Sections 2 and 3.

A. It shall be the responsibility of employers to provide smoke-free areas for nonsmoking employees within facilities that are listed in Section 2 and Section 3 to the maximum extent possible.

B. Each employer having an enclosed workplace located within the City of Methuen shall adopt, implement, make known and maintain a written smoking policy which shall contain at a minimum, the following requirements:
    r,
Any employee in a workplace shall have the right to designate his or her work area as a nonsmoking area and to post the same with an appropriate sign or signs, to be provided by the employer.

C. The employer shall upon request provide a written copy of the policy required in (B) above, to any employee or prospective employee of the employer. Upon request, the employer shall provide a written copy of the policy to the City of Methuen Board of Health or its agents.

Section 5.  Exclusions

A. Notwithstanding any other provision of this regulation to the contrary, the following areas shall not be subject to the smoking restrictions of this regulation:

1. Private homes, residences and private automobiles.
2. Hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions.
3. Limousines under private hire by an individual or corporation.
4. Pool halls without food service or retail food sales.
5. Bingo halls.
6. Hotel and motel rooms rented to guests that have been designated as smoking rooms.
7. Bars.
8. Private clubs during such times when not open to the public.
 

Section 6.  Tobacco Sales To Minors Prohibited

A. Sale to Minors.  In conformance with Massachusetts General Law Chapter 270, Section 6, no person shall sell cigarettes, chewing tobacco, snuff or tobacco products, in any of its forms, to any person
under the age of eighteen (18) years old, or not being his/her parent or guardian, give cigarettes, snuff or tobacco products, in any of its forms, to any person under the age of eighteen (18) years.

B. Posting of Signs.  In conformance with Massachusetts General Law Chapter 270, Section 7, a copy of Massachusetts General Laws Chapter 270, Section 6, shall be posted conspicuously by the owner or other person in charge thereof in the shop, or other place, to sell cigarettes at retail. The
notice to be posted shall be that notice provided by the Massachusetts   Department of Public Health or one approved by the Methuen Health Department.
Such notice shall be at least forty-eight (48) square inches and shall be posted at all cash registers where tobacco products may be purchased. They shall be posted in such a manner so that they may be readily seen
by a person standing at, or approaching, the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view, or placed at a height of less than four (4) feet, or greater than nine (9) feet from the floor.

C. Store owners, managers, or other person(s) in charge where cigarettes,
  chewing tobacco and other tobacco products are sold shall conspicuously
 post and maintain signs that proof of age is required to purchase cigarettes
 or tobacco products.  At a minimum, signs shall be posted at every cash
 register where tobacco products are sold.

D. Identification Required.  All employees selling cigarettes, chewing
 tobacco or other tobacco products in any form will positively establish
 the purchaser’s age as eighteen (18) years or older, unless the seller has
 some other conclusive basis for determining the buyer is over the age of
 eighteen (18).  No employee shall sell cigarettes or other tobacco products
 to a person under eighteen (18) years of age who has a note from an adult
 requesting such sale.

E. No person, firm, corporation, establishment, or other entity shall redeem
 from a minor, any coupons or vouchers redeemable for tobacco or
 tobacco products for free, within the City of Methuen.

Section 7 Tobacco Sales and Distribution

 A. No person, firm, corporation, establishment, or agency shall sell cigarettes,
  chewing tobacco products or other tobacco products unless their purchase
  is controlled by an employee of the establishment.  Self-service displays of
  cigarettes, chewing tobacco or other tobacco products from which
  individual packages and/or cartons may be selected by the customer shall
  not be permitted.

 B. No person, firm, corporation, establishment, or agency selling cigarettes,
  chewing tobacco, snuff or tobacco products, in any form, shall allow
anyone to sell or distribute tobacco products until the employee has read these regulations and the state laws pertaining to the sale or distribution of tobacco products and has signed an affidavit, supplied by the Board of Health to be kept on file at the establishment.  The employee’s signature will verify that applicable state and local regulations have been read and understood.  This file must be retained for the length of each individual’s employment and must be made available for the inspection by the Health Department.

 C. Out-of Package Sale Prohibited.  It is unlawful to sell cigarettes out of the
  manufacturer’s package with required health warnings.  Sale or
  distribution of tobacco products in any form other than the original
  factory-wrapped package is prohibited.

 D. Free Distribution/Free Samples Prohibited.  No person or entity shall
  distribute, or furnish without charge or cause to be furnished
  or distributed without charge, cigarettes or other tobacco products, in any
  public place, or at any event open to the public, except in retail tobacco
  stores in the City of Methuen.

 E.  Compliance monitoring of these regulations and its requirements may be enforced through periodic inspection.  Inspections may include the attempted purchases of tobacco products by minors under the supervision of an agent of the enforcing authority.

Section 8 Tobacco Vending Machines

A. No person, firm, corporation, establishment, or agency shall install or maintain a vending machine to distribute or sell tobacco products in the City of Methuen.

Section 9 Tobacco Sales Permit Required

A. It shall be unlawful for a retailer to sell cigarettes or other tobacco products, unless the retailer holds a valid Tobacco Sales Permit from the Methuen Health department for each location in which tobacco products are sold.

 B. Fee for Permit.  There shall be a one hundred dollar fee for a Tobacco
  Sales Permit.

 C. Non-transferability.  A Tobacco Sales Permit is non-transferable, except a
  new permit fee may be issued to a tobacco retailer who changes location.
  There will be a minimum of a five dollar fee.

 D. The terms of the Tobacco Sales Permit shall be one year renewable on
the first day of October of every year.  The Board of Health may renew a Tobacco Sales Permit provided that the permittee requests a renewal by completing a permit application at least thirty (30) days prior to the expiration of the permit.  The Board of Health may deny the request for a renewal in the event that the permittee has violated a provision of the permit or these regulations.

Section 10. Penalties for Tobacco Sales Violations

 In addition to the monetary penalties set forth here in Section 10, a permit may be  suspended after notice and opportunity to be heard as follows:

  1. In the case of a first violation of these regulations, the permitee
   shall be fined one hundred ($100.) dollars and shall be notified
   in writing of penalties levied for further violations.

2. In the case of a second violation of these regulations within a 12 month period, the permitee shall be fined two hundred ($200.) dollars.

3. In the case of three or more violations of these regulations within a 12 month period, the permitee shall be fined three hundred ($300.) dollars and the permit may be suspended for not more than seven (7) days.

Section 11. Penalties for Smoking in Prohibited Areas

 A. Any person who smokes in a non-smoking area shall be subject to a fine
  of twenty-five dollars ($25) for each violation.

 B. Any proprietor or other person in charge of a place covered by this
Regulation or his/her business agent, who fails to comply with this regulation shall be subject to:

1. A fine of fifty dollars ($50) for a first violation.
2. A fine of one hundred dollars ($100) for a second
   violation of this regulation within a 12 month period.
  3. A fine of two hundred ($200) dollars for each
   additional violation within a 12 month period.
4.  In addition to the fines set forth above, in the case of 3 or more violations of this regulation within a 12 month period, the Board of Health may suspend any license issued by the Board of Health for a period up to 7 days after a hearing.

 C. In addition to the remedies provided by Section 11(A) and 11(B), the
  Board of Health or any person aggrieved by the failure of the proprietor
  or other person in charge of a place covered by these regulations to
  comply with any provision of this subsection may apply for injunctive
  relief to enforce the provisions of this subsection in any court of
  competent jurisdiction.

 D. Any person aggrieved by the failure or refusal to comply with
  these regulations in any municipal building may complain, in writing,
  to the Health Department.

 E. In addition to other remedies and penalties as may be permitted by law
  and these regulations, violations of this regulation and penalties listed
  in Section 11(A) and 11(B) may be subject to non-criminal disposition,
  pursuant to M.G.L. Chapter 40, Section 21D or by filing a criminal
  complaint.  All agents of the Board of Health, including tobacco control
  program staff, fire or police personnel shall be deemed to be enforcing
  persons for the purpose of these regulations.
 
 
 

Section 12. Other Applicable Laws

 A. This Regulation shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

Section 13. Severability

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

Section 14. Effective Date

Sections 6, 7, 8, 9 and 10 of this Regulation (those sections pertaining to the sale and distribution of tobacco products) shall become effective on September 1, 2001.

Sections 2, 3 and 4 of this Regulation (those sections pertaining to smoking in certain places) shall become effective on March 1, 2002.
 

Adopted by Board 8/22/01
Amended 1/29/02