County updates tattoo facility regulations, fees

The county’s regulations and fees for tattoo, permanent cosmetics, and other body art facilities have been updated.

A pair of 5-0 San Diego County Board of Supervisors votes approved the introduction and first reading of the updated ordinance on July 11 while passing the second reading and adoption July 25. The ordinance changes will take effect Aug. 24.

“This does provide protection,” said Jack Miller, the director of the county’s Department of Environmental Health. “This is protection for people when they get tattoos, and it’s really good to see and we’re hoping to be conducting inspections of these facilities.”

The county’s regulations cover tattoos, permanent cosmetics, body piercing, branding, mechanical stud and clasp ear piercing, and other body art facilities. They apply to permanent, temporary, and mobile body art facilities. The county requires body art facilities to obtain a permit from the Department of Environmental Health and also has inspection and practitioner standards.

The ordinance does not change the requirements that no procedure be performed under unhealthful conditions, that toilet facilities including sanitary dispensers be available, that customer records be kept, and that the county health officer is notified if an infection occurs. The ordinance adds a requirement for adequate lighting in the procedure area.

The changes add body piercing and branding to the body art facilities covered under the ordinance along with notification-only requirements for mechanical stud and clasp ear piercing. DEH staff identified 47 permanent cosmetics facilities, eight body art facilities, and three piercing-only facilities which will be added to regulatory requirements. An additional 17 identified mechanical stud and clasp ear piercing facilities will be required to submit a notification form to DEH, although additional similar facilities such as retail jewelry outlets may be identified in the future. Plan review requirements were also added. The cost of additional documentation review requirements, including the infection prevention and control plan, will increase the fee for facilities from $266 to $279.

The former ordinance stipulated both a one-time registration fee and an annual inspection fee for each body art technician. A body art practitioner is now subject to an annual registration fee but not to annual inspections or an inspection fee. The change decreases the body art practitioner fee from $146 to $95. Individual practitioners must be associated with a facility and will be inspected as part of the facility inspection. The body art practitioner registration will be valid in any other jurisdiction in California, eliminating the need for those working at a temporary event elsewhere to register in that county or city.

The fee for a body art temporary event had been a $270 base fee plus a rate per booth based on county staff cost; that has been changed to a flat $52 per booth. The notification fee for single use needle mechanical ear piercing only facilities will be $45.

The enforcement power to suspend or revoke a permit has been expanded. The county may now close a facility for imminent hazards and may also impound equipment, assess administrative penalties, and post notices of closure. The ordinance changes also give the county the right to inspect records. If non-compliance makes a subsequent inspection necessary, that fee will be based on the hourly environmental health specialist rate.