HomeMy WebLinkAbout20022292.tiff WELD COUNTY
CODE ORDINANCE 2002-8
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14
HEALTH AND ANIMALS, OF THE WELD COUNTY CODE, SPECIFICALLY, THE ADDITION
OF ARTICLE V RULES AND REGULATIONS FOR BODY ART ESTABLISHMENTS
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, pursuant to Sections 25-4-2101,
25-1-506, 25-1-507, 25-1-709(1)(a), and 30-35-201(44), C.R.S., and Sections 2-2 and 3-8(1),
(2), and (4)(a), (b), and (5) of the Weld County Home Rule Charter, is given the authority to
enact legislation establishing requirements to provide for the health and safety of the general
public, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent
nature enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirement therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Chapter 14, Health and Animals, of the Weld County
Code be, and hereby is, repealed and re-enacted, with the addition of Article V, Rules and
Regulations for Body Art Establishments, to read as follows.
ARTICLE V
RULES AND REGULATIONS FOR
BODY ART ESTABLISHMENTS
Sec. 14-5-10. Purpose.
The purpose of these regulations is to establish the safe and sanitary practice of body
art, the safe and sanitary physical environment where body art is performed, and the safe and
sanitary conditions of equipment utilized in body art procedures.
Sec. 14-5-20. Definitions.
As used herein, the following words have the following meanings:
Aftercare Instructions mean written instructions given to the client, specific to the
body art procedure(s) rendered. These instructions shall include information regarding
when to seek medical treatment, if necessary.
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Antiseptic means a substance that inhibits growth of bacteria and other
microorganisms when applied to the skin (e.g., chiorhexadine gluconate, alcohol,
iodophor). It should not be used to decontaminate inanimate objects.
Body Art Establishment means any location, whether temporary or permanent,
where the practices of body art are performed.
Body Art means the practice of physical body adornment by establishments or
artists utilizing, but not limited to, the techniques of body piercing, tattooing, branding,
sculpting, and scarification. This definition does not include practices conducted under
the supervision of a physician licensed to practice medicine under Colorado law nor
piercing of the outer perimeter or lobe of the ear by means of sterilized stud-and-clasp
ear piercing systems.
Body Artist means any person who performs body art procedures.
Branding means a potentially invasive procedure in which a permanent mark is
burned into or onto the skin using either temperature, mechanical or chemical means.
Contaminated means the presence or reasonably anticipated presence of blood,
infectious materials or other types of impure materials that have corrupted a surface or
item through contact.
Contamination means to make unfit for use by the introduction or potential
introduction of blood, infectious materials or other types of impure materials.
Department means Weld County Department of Public Health and Environment,
or its authorized agents and employees.
Disinfectant means an EPA registered hospital grade disinfectant which has
effectiveness against Salmonella cholerasesuis, Staphylococcus aureus and
Pseudomonas aeruginosa or a 1:100 dilution of 5.25% sodium hypochlorite (chlorine
bleach) and water, made fresh daily, dispensed from a spray bottle, and used to
decontaminate inanimate objects and surfaces.
Disinfection means to destroy or inhibit pathogenic microorganisms on inanimate
objects or surfaces.
Gloves mean those which are disposable and single use, and are labeled for
surgical or examination purposes. Gloves for instrument cleaning shall be heavy-duty,
single-use and waterproof.
Hectographic means a copy made from a prepared gelatin surface to which the
original document has been transferred.
Infectious Waste or Regulated Waste means blood or other potentially infectious
materials; contaminated items that would release blood or other potentially infectious
materials; items caked with blood or other potentially infectious materials that can
release these materials upon handling; contaminated sharps; and human
pathological/anatomical waste.
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Invasive means entry through the skin or mucosa either by incision or insertion
of an instrument body ornament, or any other means.
Jewelry means any ornament inserted into the body, 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.
Person in Charge means the owner, manager or individual(s) present at the body
art establishment who is responsible for the operation at the time of an inspection. If no
individual is responsible, then any employed person present is the person in charge. If
multiple body artists share operation of the establishment, then each artist shall be
considered a person in charge and shall be accountable for all requirements of this
regulation with regard to common areas and practices in addition to his/her own
separate areas and practices.
Piercing means puncturing or penetration of the skin or mucosa of a person and
the insertion of jewelry or other adornment in the opening, except that puncturing of the
outer perimeter or lobe of the ear with sterilized stud-and-clasp ear piercing system shall
not be included.
Pre-Sterilized Instruments mean those that are commercially sterilized by the
manufacturer. Packaging shall bear a legible sterilization lot number and expiration date.
Procedure Area means any surface of an inanimate object that contacts the
clients skin during a body art procedure and all surfaces where instruments and supplies
are placed during a procedure.
Scarification means an INVASIVE procedure in which the intended result is the
production of scar tissue on the surface of the skin.
Sculpting means a modification of the skin, mucosa, cartilage, or tissue of the
body for non-medical purposes.
Sharps Container means a puncture-resistant, leak-proof, rigid container that
can be closed for handling, storage, transportation and disposal and is labeled with the
Universal Biological Hazard Symbol.
Sharps mean all objects (sterile or contaminated) that may purposely or
accidentally cut the skin or mucosa including, but not limited to, single use needles,
scalpel blades and razor blades. It does not include disposable safety razors which have
not broken the skin.
Sterilization means a process that results in the total destruction of all forms of
microbial life, including highly resistant bacterial spores.
Sterilizer means an autoclave that is designed and labeled by the manufacturer
as a medical instrument sterilizer and is used for the destruction of microorganisms and
their spores.
Tattooing means inserting pigment under the surface of the human skin or
mucosa by pricking with a needle or other means, to permanently change the color or
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appearance of the human skin or to produce an indelible mark or figure visible through
the human skin. Examples of this technique include, but are not limited to eye liner, lip
color, lip liner, camouflage, stencil designs, and free-hand designs.
Universal Precautions means a set of precautions designed to prevent
transmission of human immunodeficiency virus (HIV), hepatitis B and other bloodborne
pathogens as defined by the Centers for Disease Control. Under universal precautions,
blood and certain body fluids of all individuals are considered infectious.
Sec. 14-5-30. Minimum Requirements for Body Artists.
All body artists shall comply with the following:
A. Possess and demonstrate knowledge of universal precautions, disinfection and
sterilization techniques, procedures for infection and exposure control required in
Section 14-5-100.A, and the Infectious Waste Management Plan required in Section 14-
5-100.A.4.
B. Receive vaccination against Hepatitis B (HBV) or provide a written statement to the
manager or owner of the body art establishment stating that he or she declines the
vaccination.
Sec. 14-5-40. Minimum Requirements for Body Art Establishments.
A. The body art establishment must have a person(s) in charge at all times who is
responsible for the operation.
B. The following information on each employee of a body art establishment shall be on file
and available for inspection by the Department.
1. Full legal name.
2. Home address.
3. Home phone number.
4. Proof that all employees handling sharps and/or infectious waste have either
completed or were offered and declined, in writing, the Hepatitis B vaccination
series. This offering shall be included as a pre-employment requirement and
comply with Section 14-5-30.B.
C. The person in charge shall have access to the following information and it shall be on
the premises for review by the Department:
1. Contract or agreement for sharps disposal and/or other Infectious or regulated
waste disposal.
2. Spore test log and test results.
3. Client records for three (3) years.
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4. Manufacturers information on sterilization equipment.
5. Infection and exposure control written procedures.
6. Establishment license posted in a prominent location.
Sec. 14-5-50. Reporting Requirements.
Serious infections, complications, or diseases resulting from any body art procedure that
become known to the person in charge/body artist shall be reported to the Weld County
Department of Public Health and Environment within 24 hours after discovery.
Sec. 14-5-60. Client Records.
A. The person in charge shall have access to and shall maintain client records on the
premise for a minimum of three (3) years. The client records shall be available for
review by the Department.
B. The following information shall be documented and used by the body artist to determine
the client's suitability for receiving a body art procedure. In order to assure, insofar as
possible, the proper healing of a client following a body art procedure, the client shall be
asked to disclose if he/she has any of the following:
1. Diabetes.
2. Hemophilia.
3. Skin diseases or skin lesions.
4. Allergies or adverse reactions to latex, pigments, dyes, disinfectants, soaps or
metals.
5. Treatment with anticoagulants or other medications that thin the blood and/or
interfere with blood clotting.
6. Any other information that would aid the body artist in the client's body art
healing process evaluation
7. Communicable disease.
C. Client consent form for all procedures shall include the following:
1. Name, address and current phone number of the client.
2. Date of the procedure.
3. The type and location of the body art.
4. Documentation that both written and verbal instructions regarding risks, outcome
and aftercare were given to the client including:
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a. Name, address, and phone number of the establishment and the name of
the body artist who performed the procedure.
b. Direction of when to consult a physician to include signs of infection,
allergic reaction and expected duration of healing.
c. Detailed description of how to care for the body art procedure site.
d. Explanation that body art should be considered permanent.
e. Possible side effects from the procedure.
f. Indication that this facility is licensed by the Department.
Sec. 14-5-70. Application and Review of Plans.
A. Application. Any person desiring to operate a body art establishment shall make written
application for a license and pay license and applicable plan review fees using forms
provided by the Department. Each application form shall include the name and address
of each applicant, the location of the facility, a description of the body art to be
performed, the local and State sales tax identification numbers, and the signature of the
applicant.
B. Construction Plans and Specifications. All new, remodeled, temporary, and mobile body
art establishments require Department-approved plans. These plans must be approved
prior to temporary events, operation of a mobile unit, or commencing work, and in
advance of the application for any building, plumbing, and electrical permits.
1. All facilities shall be constructed and completed in accordance with all applicable
local fire, electrical, plumbing and building codes, including the layout of the
reception area, the procedure areas, the cleaning and sterilization area, and the
toilet facilities.
2. Detailed plans and specifications of a proposed new body art establishment
and/or proposed extensive remodeling of a body art establishment shall be
submitted to the Department for review and approval at least two weeks prior to
the start of any construction or extensive remodeling. Approval by the
Department of both the plans and specification is necessary before construction
begins. All revisions of approved plans and specifications shall require
resubmission for approval.
3. Contents of the plans and specifications shall demonstrate that the facility will
comply with this Chapter of the Code. A plan-view scale drawing of the
establishment shall be provided. The plans shall include the location of all
equipment, plumbing fixtures and connections, ventilation systems, and other
pertinent information.
C. Pre-opening Inspection. Whenever the submittal of plans and specifications is required
the Department shall conduct a pre-opening inspection of the new or extensively
remodeled body art establishment prior to the opening of that establishment for
operation. The purpose for that inspection shall be to determine compliance with the
approved plans and specification and with the requirements of these rules and
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regulations. A request for the inspection shall be submitted at least fourteen (14) days
in advance of the date of an intended opening.
D. Written Procedures. Each application for a body art establihsment shall be
accompanied by the written procedures described in Section 14-5-100 of this Article.
E. Annual renewal of the operating license is required 30 days prior to the date of
expiration and shall require a submittal of the information required in the application
except that the complete renewal application may indicate that there has been no
change where appropriate.
F. The body art establishment operator shall place the license in a conspicuous place in
the facility. The license shall not be assignable or transferable and shall apply only to
the premises described therein.
G. The Department shall be notified by the licensee of the change of the operator of the
body art establishment within 30 days of change. Notification shall be in writing and
shall contain the name of the present and new operator and the date the new operator is
to be responsible for the body art establishment. The new licensee is responsible for
making application for an amended license under the requirements of this Article.
H. The Board of County Commissioners will set the plan review and annual license fee by
separate ordinance, which may be no greater than required to offset the actual costs of
the Department's services associated with administering the body art program.
Grounds and procedures for revocation, denial, or suspension of license:
1. Obtaining or attempting to obtain a license by fraudulent means or
misrepresentation of any fact.
2. Violation of this Chapter of the Code.
3. Refusal to permit entry by the Department or personnel or other agents for the
plan review or other inspection.
4. Conduct practices determined by the Department to be detrimental to the welfare
of the patrons of the body art establishment.
5. Conviction of any felony or for any misdemeanor which affects the ability of the
licensee to meet the requirements of this ordinance including, but not limited to,
any crime involving fraud or deceit or assault or moral turpitude.
Sec. 14-5-80. Facility and Operational Requirements.
A. All procedure areas and instrument cleaning areas shall have floors, walls and ceilings
constructed of smooth, nonabsorbent and easily cleanable material. Outer openings
shall provide protection against contamination from dust and other contaminants.
1. The room in which body art is done shall have an area of not less than 100
square feet.
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B. Toilet facilities shall be provided and shall be made available to both patrons and
employees during all business hours. Floors and walls within toilet facilities shall be
constructed of smooth, nonabsorbent and easily cleanable material.
C. The premises shall be maintained clean and in good repair.
D. At least fifty (50) foot candles of artificial light shall be provided at the level where the
body art procedure is performed and in instrument cleaning and sterilization areas.
E. All surfaces including, but not limited to, counters, tables, equipment, chairs, recliners,
shelving, and cabinets in the procedure area and instrument cleaning room shall be
made of smooth, nonabsorbent materials to allow for easy cleaning and disinfection.
F. Hand sinks shall be supplied with hot and cold running water delivered through a mixing
faucet and under pressure. Hand sinks shall be easily accessible to each procedure
area and shall be located so that one artist does not potentially contaminate another
artists area. Each hand sink shall be provided with soap and disposable towels or a
hand-drying device providing heated air. In addition, a hand sink shall be provided in, or
adjacent to, each toilet room.
G. Distinct, separate areas shall be used for cleaning equipment, wrapping/packaging
equipment, and for the handling and storage of sterilized equipment.
H. Instrument cleaning sinks, hand-washing sinks, and, where provided, utility sinks shall
be separate and shall only be used for their designated purpose.
I. Water shall be supplied from a source approved by the Department.
J. Sewage, including liquid wastes, shall be discharged to a sanitary sewer or to a sewage
system constructed, operated and maintained according to law.
K. Refuse, excluding infectious wastes, shall be placed in a lined waste receptacle and
disposed of at a frequency that does not create a health or sanitation hazard.
L. All facilities shall have a waiting area that is separate from the body art procedure area,
and from the instrument cleaning, sterilization, and storage areas.
M. Reusable cloth items shall be mechanically washed with detergent in water at a
minimum of 140 degrees Fahrenheit, unless an approved disinfectant is applied in the
rinse cycle or the dryer uses heat above 140 degrees Fahrenheit, as specified by the
manufacturer. Clean cloth items shall be stored in a clean, dry environment until used.
Soiled laundry shall be stored in a nonabsorbent container until removed for laundering
and shall be stored separate from clean cloths.
N. Animals shall not be allowed in the body art procedure areas, or the instrument cleaning,
sterilization, or storage areas. Fish aquariums and/or service animals shall be allowed in
waiting rooms and non-procedural areas.
O. All chemicals shall be labeled with contents, properly stored, and used according to
label instructions.
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P. All body art establishments shall be completely separated from areas used for human
habitation, food preparation, or other such activities that may cause potential
contamination of work surfaces.
Q. Utensil washing and utility sinks with threaded faucets shall be equipped with back flow
prevention devices approved by the Department.
R. Sharps and infectious/regulated waste must be handled in a manner consistent with
Section 25-15-401, C.R.S.
1. Discarded sharps shall be disposed of in sharps containers.
2. Infectious/regulated waste other than sharps shall be placed in impervious, tear
resistant plastic bags, which are red in color and marked with the Universal
Biological Hazard Symbol.
3. Sharps and infectious/regulated waste shall be disposed of by an approved,
off-site treatment facility, or waste may be treated on-site if the treatment
complies with all federal, state and local requirements.
4. On-site treatment requires a written plan outlining disposal as required in
Section 14-5-100.A.4.
Sec. 14-5-90. Temporary, Special Event and Mobile Body Art Requirements.
A. All provisions of these regulations shall apply with the following exceptions:
1. Hand wash facilities shall be easily accessible to each procedure area and
designated for use by artists only. Hand wash facilities shall comply with
Section 14-5-80.F or, temporary hand wash facilities shall consist of soap, single
use paper towels and an adequate supply of potable water dispensed through a
continuous flow spout. Wastewater shall be collected and disposed of in a
sanitary manner.
2. Body artists may bring pre-sterilized instruments, or instruments which have
been sterilized at another location with documentation showing a negative spore
test result within the previous 30 days. On-site sterilization units may be used
and shall comply with Section 14-5-110.6.
B. After the last procedure is completed, all procedure areas shall be cleaned and
disinfected.
Sec. 14-5-100. Infection and Exposure Control Written Procedures.
A. Every body art establishment shall have and comply with written procedures for infection
and exposure control. All procedures developed for the written plan shall be in
compliance with standards, and all local and state regulations. These written
procedures shall include, but are not limited to:
1. Instrument cleaning and sterilization.
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2. Cleaning and disinfection of the procedure area(s), as required in
Section 14-5-120.6.7.
3. Universal precautions procedures.
4. Infectious Waste Management plan, consistent with Section 25-15-401, C.R.S.,
including segregation, identification, packaging, storage, transport, treatment,
disposal and contingency planning for blood spills or loss of containment of
infectious/regulated waste.
Sec. 14-5-110. Instruments/Sterilization.
A. Instrument Cleaning.
1. All instruments that penetrate body tissue shall be properly cleaned prior to
packaging and sterilization. All other instruments shall be cleaned, disinfected
and sterilized after each use.
2. All instruments, excluding single-use needles, placed in the procedure area shall
be repackaged and resterilized.
3. Employees shall wear heavy-duty, single-use, and waterproof gloves while
cleaning instruments.
4. Used instruments shall be soaked in a disinfectant until cleaning can be
performed. The solution shall be changed in a time as recommended by the
solution manufacturer.
5. Instruments shall be disassembled for cleaning.
6. All instrument components shall be cleaned, either manually or in an ultrasonic
cleaner, using the appropriate cleaning agent specific to the type of cleaning
performed.
B. Instrument Packaging/wrapping.
1. Employees shall wear clean gloves while packaging/wrapping instruments.
2. Instruments shall be wrapped or packaged with a sterilizer indicator on or in each
package.
3. All packages shall be labeled with the time and date of sterilization. Packages
will no longer be considered sterile six months after the date of sterlization.
C. Instrument sterilization.
1. The sterilizer shall be designed and labeled as a medical instrument sterilizer.
2. The operators manual for the sterilizer shall be available on the premise and the
sterilizer shall be operated according to manufacturers recommendations.
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3. The sterilizer shall be cleaned and maintained according to manufacturers
specifications.
4. A sterilizer load log shall be maintained for a minimum of three years at the
facility and made available for inspection. The log shall contain the following
documentation for each load:
a. Description of instruments contained in the load.
b. Date of sterilization load, and time or other unique identifier if more than
one load is processed during a single day.
c. Sterilizer cycle time and temperature.
d. Indication of proper sterilization of instruments, as evidenced by the
appropriate color indicator change on each package. Indicator used shall
be compatible with the sterilization process being used.
e. Action taken when appropriate color indicator change did not occur.
5. Sterilizer Monitoring.
a. Sterilizer monitoring shall be performed at least monthly (unless more
frequent monitoring is specified by the manufacturer) by using a
commercial biological monitoring (spore) system.
b. All biological indicators shall be analyzed by a laboratory independent
from the establishment.
c. Biological indicator test results shall be maintained on the premises for a
minimum of three (3) years and must be available for inspection at all
times.
D. Instrument Storage.
1. Hands shall be washed prior to handling sterilized instrument packs.
2. After sterilization, the instruments shall be stored in a dry, clean area reserved
for storage of sterile instruments.
E. Single Use Items.
1. Single use items shall not be used on more than one client and shall be disposed
of after the procedure.
2. Contaminated single use needles, razors and other sharps shall be disposed of
immediately in approved sharps containers.
Sec. 14-5-120. Body Art Procedure.
A. Prohibitions include:
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1. Procedures performed on any person who is noticeably impaired by drugs or
alcohol.
2. Smoking, eating and drinking in the procedure and/or instrument cleaning areas.
3. Procedures performed on skin surfaces that have sunburn, rash, pimples, boils,
infections, moles, or manifest any evidence of unhealthy conditions.
B. The following procedures shall be practiced by all body artists:
1. Thoroughly wash hands with soap and warm water for at least 15 seconds
before and after serving each client. Following thorough washing, hands shall be
dried using clean, disposable paper towels, or a hand-drying device providing
heated air.
2. Wear new, clean gloves for each procedure. If a glove is pierced, torn or
contaminated, both gloves must be properly removed and discarded. Hands
shall be washed prior to donning a new pair of gloves.
3. Change drapes, lap cloths or aprons between each client. If multi-use, these
items shall be washed according to Section 14-5-80.M prior to reuse.
4. Wear new, clean gloves while assembling instruments and supplies to be used in
the procedure. All sterilized instruments shall remain in the sterile packages until
opened in front of the client.
5. Dispense all substances used in the procedures from containers in a manner to
prevent contamination of the unused portion. For example, substances from
multi-use containers shall be dispensed into single use portions and shall be
applied to only one client.
6. Discard single use ointment tubes, applicators and supplies after the procedure.
7. After each client, use a disinfectant according to label instructions, and a single
use paper towel to wipe all surfaces touched during the procedure. Surfaces
include, but are not limited to, counters, tables, equipment, chairs, recliners,
shelving, cabinets, and supplies.
C. Procedures specific to tattooing.
1. The use of hectographic or single-use stencils shall be required for applying a
tattoo outline to the skin, except that, when the design is drawn free hand, non-
toxic single-use markers or other non-toxic single-use devices shall be used.
Multi-use stencils are prohibited unless they can be properly disinfected between
uses.
2. Before placing the design on the skin, the body artist shall clean the area with
soap and, if necessary, shave off any hair with a disposable, single use safety
razor or a disinfected multi-use razor. The area shall be treated with an antiseptic
prior to stencil application.
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3. Inks, dyes, or pigments in single-use containers shall be used for each client.
Any remaining unused dye or pigment shall be discarded immediately following
the tattoo procedure.
4. Excess ink, dye, or pigment applied to the skin during tattooing shall be removed
with a clean single-use product.
5. After the procedure is completed, the area shall be covered with clean gauze or
an appropriate bandage and held in place with a suitable skin tape.
D. Procedures specific to body piercing.
1. All body piercing needles shall be sterile, single-use, and manufactured for either
medical or body piercing purposes. All needles shall be disposed of immediately
after use in a sharps container.
2. Only sterilized jewelry or new jewelry that has been disinfected and is clean and
in good condition shall be used.
3. Stud-and-clasp systems shall be used according to manufacturers instructions
and shall only be used on the earlobe or the outer perimeter of the ear.
Sec. 14-5-130. Inspections.
A. Agents of the Department, after proper identification, shall be permitted to enter any
body art establishment during business hours for the purpose of making inspections,
investigating complaints and to determine compliance with these regulations. Agents of
the Department shall only enter a procedure area with the client's consent.
B. The agents shall be permitted to examine documents or true copies of documents
relative to requirements of these regulations.
C. Whenever an inspection of a body art establishment is made the findings shall be
recorded and shall describe violations that exist. A copy of the completed report shall
be furnished to the person in charge.
Sec. 14-5-140. Compliance Procedures.
A. No body art establishment may operate in any portion of the County, nor may any
person practice the art of body art on a person other than him or herself without
obtaining a license from the Department. Establishments or individuals that continue to
operate or practice without a license from the Department, or which operate in violation
of these regulations, will be subject to enforcement provisions under this Article of the
Code.
B. The Board of Public Health, after an administrative hearing at which the licensee shall
be afforded an opportunity to be heard, may assess penalty fees for violations of this
regulation not to exceed $250 for each day of violation, as specified in
Section 25-4-2102, C.R.S. The hearing, except as set forth in this Chapter, shall be
conducted in accordance with Section 2-4-50 of this Code. The amount of the penalty
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shall be determined after considering factors in aggravation or mitigation listed in
Section 2-4-50.O of this Code.
C. Suspension or Revocation of Licenses.
1. Licenses issued under the provisions of this regulation may be suspended
temporarily or revoked by the Board of Public Health for failure of the licensee to
comply with the requirements of this regulation. Whenever a licensee or
operator has failed to comply with any provisions of this Chapter, a hearing to
consider the revocation or suspension of the license may be scheduled by the
Department before the Board of Public Health pursuant to Section 2-4-50.O of
this Code.
2. Summary Suspension. The Director of the Department may summarily suspend
a license issued under this chapter for a period not to exceed ten (10) days upon
a finding that any operator or employee has violated or failed to comply with any
provisions of this Chapter resulting in an emergency circumstance which
requires immediate action pending a hearing on suspension or revocation of a
license. The Director first must find that the conduct of the licensee/operator or
other agents or employees or the condition of a body art establishment presents
an imminent danger to the health, safety and welfare of the residents of the
County and patrons of the establishment prior to issuing such an order pending a
hearing on suspension or revocation of a license. The licensee or permit holder
shall receive written notice of such summary suspension. The temporary
suspension shall become effective three (3) days after the date of mailing the
written notice by certified mail, return receipt requested, to the licensee, or on the
date of service of the notice upon the licensee pursuant to the Colorado Rules of
Civil Procedure. Notice of suspension shall be served upon the operator
pursuant to the Colorado Rules of Civil Procedure and by posting at the
establishment. A hearing on the temporary suspension shall be held before the
Board of Public Health not later than ten (10) days after the effective date of the
temporary suspension. The written notice of temporary suspension shall include
notice of the time and place of such hearing. The Board of Public Health may
extend the temporary suspension for an additional 10 days, at such hearing or
hear the issue of suspension or revocation at such hearing.
3. Any person whose license has been suspended may, at any time, make
application for reinstatement of the license. Within ten (10) days following
receipt of a written request, including a statement signed by the applicant which
specifies that the conditions causing suspension have been corrected, and the
submission of the appropriate re-inspection fees, the Department shall reinspect
the body art establishment or evaluate documentation provided by an operator.
If the applicant is in compliance with the provisions of this regulation, the license
will be reinstated except that once the Board of Public Health has commenced to
hear the issue, no reinstatement may occur without concurrence of that Board.
Sec. 14-5-150. Delegation of Authority to impose penalty assessments.
The Board of County Commissioners delegates to the Weld County Board of Public
Health the authority to impose penalty assessments pursuant to Section 25-4-2102, C.R.S., for
violations of State Regulations 5 CCR 1010-22 and to issue licenses, and to consider
2002-2292
PAGE 14 ORD2002-8
suspensions and revocation of existing licenses pursuant to this article of the code. Nothing in
these regulations is intended to create a duty of care or create liability on the part of the Board
of County Commissioners or any agency, officer or employee of Weld County.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby
is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with
the amendments contained herein, to coincide with chapters, articles, divisions, sections, and
subsections as they currently exist within said Code; and to resolve any inconsistencies
regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2002-8 was, on motion duly made and
seconded, adopted by the following vote on the 30th day of September, A. D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Glenn Vaad, Chair
Weld County Clerk to the Board
David E. Long, Pro-Tern
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM:
William H. Jerke
County Attorney
Robert D. Masden
2002-2292
PAGE 15 ORD2002-8
Publication: August 7, 2002
First Reading: August 21, 2002
Publication: August 28, 2002, in the Tri-Town Farmer and Miner
Second Reading: September 9, 2002
Publication: September 18, 2002, in the Tri-Town Farmer and Miner
Final Reading: September 30, 2002
Publication: October 9, 2002, in the Tri-Town Farmer and Miner
Effective: October 14, 2002
2002-2292
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