COUNTY OF SAN MATEO

Inter-Departmental Correspondence

HEALTH DEPARTMENT

 

DATE:

November 3, 2005

BOARD MEETING DATE:

November 8, 2005

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

FROM:

Charlene Silva, Director, Health Department

Brian Zamora, Director, Public Health & Environmental Protection

   

SUBJECT:

County Ordinance Code relating to Body Art and Piercing

RECOMMENDATION:

Adopt an ordinance enacting a new Chapter establishing standards for body art and piercing:

A)

Regulating body art establishments;

B)

Providing standards for construction and operation of these facilities;

C)

Preventing disease transmission and protecting the health of San Mateo County residents and visitors by inspection, education and enforcement of body art.

 

VISION ALIGNMENT:

Commitment: Ensure basic health and safety for all.

Goal 7: Maintain and enhance the public safety of all residents and visitors.

 

The new Ordinance Chapter will provide oversight of body art and piercing operations, thereby enhancing the public health and safety of residents.

Performance Measure:

 

Measure

FY 2004-05 Actual

FY 2005-06 Projected

 
 

Percentage of Body Art Facilities receiving an annual inspection

0%

100%

 
     

BACKGROUND:

The Environmental Health Division (Division) receives several complaints each year concerning body art and piercing operations. These complaints include non-registered practitioners, potential Hepatitis B transmission, unsanitary equipment, re-use of needles, and piercing on a minor.

 

The intrusive procedures used to tattoo, pierce and apply permanent makeup, lead to concerns of transmitting blood-borne pathogens and other infectious agents. In 1997 the State of California passed legislation directing the State Department of Health Services (DHS) to adopt regulations. As of August, 2005, DHS has yet to promulgate and adopt regulations.

 

With the increased presence of body art, piercing and permanent make-up in our society, more potential for disease transmission is possible through these operators and establishments.

 

DISCUSSION:

The Division established an advisory committee with representatives of the body art and piercing industry, the general public, and medical professionals to evaluate the possibility of San Mateo County adopting a local ordinance to regulate the industry. The committee, chaired by Supervisor Jacobs Gibson, was in support of legislation that would control non-professional business and health practices in their profession. It was agreed that inspection, education and enforcement would help standardize operations and protect the public health.

 

This ordinance establishes minimum standards for Health and Safety, provides inspections for health and sanitation standards in these establishments and includes practitioner requirements and professional standards.

 

The Ordinance has been reviewed and approved by County Counsel.

 

FISCAL IMPACT:

The Body Art and Piercing Program is estimated to cost approximately $5,000. Permit fees will be charged to offset the cost of inspection and complaint investigation associated with this program. The permit fees for this program are included in the existing Fee Ordinance. The annual registration fee is currently $126.00. The revenue from this program is included in the adopted FY 2005-06 budget. There is no net county cost associated with the Body Art & Piercing Program.