§ 34-821. Definitions.

The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative hearing means a hearing that will be held prior to the suspension or revocation of a permit for a body art establishment.

Antimicrobial solution means any solution used to retard the growth of microorganisms approved for application to human skin and includes all products labeled accordingly as approved by the FDA.

Antiseptic means an agent or substance that will destroy or inhibit the growth and development of infectious microorganisms on human skin or mucous membranes.

Applicant means any person who applies for a body artist license, guest body artist license, body art establishment permit, or temporary body art establishment permit.

Approval means written approval from the department indicating that the body art establishment has been inspected and meets all terms of this article.

Approved means acceptable to the department based on a determination of conformity with this article, principles, practices, and generally recognized standards that protect public health.

Aseptic technique means to render or maintain free from infectious material so as to prevent transfer or transmission of infectious agents.

ASTM means the American Society for Testing and Materials.

Autoclave means the same as sterilizer and is an apparatus for sterilization utilizing steam pressure at a specific temperature over a period of time per manufacturer's specifications.

Biohazardous waste means liquid or semi-liquid blood or other potentially infectious materials and/or contaminated items, which if compressed, would release blood or other potentially infectious materials in a liquid or semi-liquid state.

Blood means human blood, human blood components, and products made from human blood.

Blood borne pathogens means pathogenic microorganisms present in human blood that can cause disease in humans. These pathogens include but are not limited to Hepatitis B virus (HBV), Hepatitis C virus (HCV), and Human Immunodeficiency virus (HIV).

Body art means the practice of physical body adornment by means of tattooing or body piercing. This definition does not include, for the purpose of this article, piercing of the outer perimeter or lobe of the ear with pre-sterilized single-use stud and clasp ear piercing systems. This definition also does not include practices considered medical procedures by the Georgia Board of Registration in Medicine such as implants under the skin which are prohibited unless such medical procedures are performed by a person licensed by the Georgia Board of Registration in Medicine.

Body art establishment means any permanent building or structure on a permanent foundation, holding a valid city or county business license, if applicable, and permit from the department where the practices of body art are performed whether or not for profit.

Body artist means a person at least 18 years of age who performs tattooing or body piercing and who is responsible for complying with applicable provisions of this article.

Body artist license means a license issued by the department to a specifically identified person, at least 18 years of age, who is qualified to engage in the practice of body art in accordance with this article including the practice/service of body piercing and/or tattooing regardless of the type of body ornament utilized, type of tattoo or area to be pierced or tattooed.

Body piercing means puncturing or penetrating the skin or mucosa of a client utilizing a single use sterile needle or other sterile instrument for the purpose of inserting jewelry or other adornment into the body for non-medical purposes; body piercing includes ear piercing, except when the ear piercing procedure is performed on the perimeter or lobe of the ear with pre-sterilized single-use stud and clasp ear piercing systems.

Business means any entity that provides body art services or procedures for compensation.

Cleaning room shall mean the area in a body art establishment used in the sterilization, sanitation or other cleaning of instruments or other equipment used for the practice of body art and shall be separated from any other area in the facility by means of doors, nonabsorbent curtains, or similar approved partition extending from floor to ceiling or a height of eight feet.

Client or customer shall mean an individual upon whom one or more body art procedures are to be performed.

Contaminated means the presence or reasonably anticipated presence of blood, other potentially infectious materials, or potentially harmful chemicals on an item or surface.

Contaminated waste shall mean 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, as defined in the Official Code of Georgia Annotated.

Critical category item(s) means those aspects of operation or conditions which, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards.

Cross connection means any configuration whereby a potable water supply is connected with any water system, sewer, drain, conduit, storage reservoir, plumbing fixture or other device which contains (or may contain) contaminated water, sewage or other unsafe waste or liquid which may be capable of contaminating the potable water supply.

Decontamination means the use of physical or chemical means to remove, inactivate, or destroy blood borne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal.

Department means the Fulton County Board of Health or its authorized representative(s).

Director means the Director of the Fulton County Fulton County Board of Health or his or her designee.

Disinfectant means a solution registered as a disinfectant by the EPA and intended to destroy or inactivate specific viruses, bacteria, or fungi on clean, inanimate surfaces.

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

Ear piercing means the puncturing of the perimeter or lobe of the ear for non-medical purposes.

Easily cleanable means that surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.

EPA means the United States Environmental Protection Agency.

Equipment means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in connection with the operation of a body art establishment.

FDA means the United States Food and Drug Administration.

Germicidal solution means any solution which destroys microorganisms and is so labeled.

Gloves means medical grade, disposable, single use gloves labeled for surgical or examination purposes.

Guest body artist means a visiting body artist possessing a guest body artist license issued by the department to perform body art.

Hazard means a biological, chemical, or physical property that may cause an unacceptable consumer health risk.

Hearing means the same as an administrative hearing.

Hearing officer means the director of the department or his or her designee.

Hot water means water that attains and maintains a minimum temperature of 110 degrees Fahrenheit.

Imminent health hazard means a significant threat or danger to health, as discovered by the department, that is any condition, deficiency, or practice, which if not corrected immediately or operation being ceased, is very likely to result in disease transmission, injury, or loss of life to any person.

Inspector means an official appointed by the department who is responsible for licensing, permitting, and inspection of body art establishments.

Instrument means hand pieces, needles, needle bars, and other instruments that may come in contact with a client's body or may be exposed to bodily fluids during any body art procedure.

ISO means the International Standards Organization.

Jewelry means any ornament used in any body art procedure which is inserted into a newly pierced area. Any jewelry shall consist of a material rated by the ASTM or the ISO as being suitable for permanent surgical implant, such as stainless steel, titanium, niobium, solid platinum or a dense low porosity plastic such as Tygon or PTFE. The jewelry must be free of nicks, scratches, or irregular surfaces and must be properly sterilized prior to use. Copies of the jewelry manufacturer's documentation, which verify compliance with standards, must be available for inspection on request. Solid 14 karat or higher, white or yellow nickel-free gold may also be used. Purity verification must be available for inspection on request.

Lavatory facilities means a lavatory or sink providing an adequate supply of potable hot and cold running water under pressure, used solely for washing hands, arms, or other portions of the body. The facility shall include a soap dispenser, soap, and single use disposable towels.

Law means any applicable federal, state, and local statutes, ordinances, articles, and regulations.

License means a document issued by the department pursuant to this article authorizing a body artist to conduct allowed body art procedures.

Microbiological monitoring for quality control means the use of a standard spore to challenge the sterilization process.

Minor means an individual under the age of 18 years.

NSF means the National Sanitation Foundation.

Occupational exposure means a specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious materials resulting from the performance of an employee's activities.

O.C.G.A. means the Official Code of Georgia Annotated.

OSHA means the Federal Occupational Safety and Health Administration.

Other potentially infectious material means the following human body fluids: semen, vaginal secretions, saliva, and any other body fluid visibly contaminated with blood.

Parenteral means piercing mucous membranes or the skin barrier through such events as needle sticks and piercings.

Parlor means the same as work area or work station and is the actual room(s) in the body art establishment where the body artist performs body art procedures.

Permit holder means the person who possesses a valid permit to operate a body art establishment and is legally responsible for the operation of the body art establishment such as the owner, agent for the owner or other such authorized or designated person.

Permit to operate means the issuance of a written permit by the department to a body art establishment stating that such establishment, after inspection, was found to be in compliance with this article for the purpose of engaging in the practice or business of body art procedures. Departmental approval shall be granted solely for the practice of body art pursuant to this article.

Person means an individual, any form of business or social organization or any other non-governmental legal entity, including but not limited to a group of individuals, corporation, partnership, limited-liability company, association, trust or unincorporated organization that owns, controls, maintains, operates, conducts, or manages a body art establishment and personnel, and is legally responsible for the operation of the establishment.

Person in charge means the individual present in a body art establishment who is the designated supervisor of that establishment at the time of inspection. If no individual has been designated as the supervisor, then any employee present shall be considered as the person in charge by this department.

Personal care items means items or substances that are used to maintain a person's health, hygiene, or appearance and that may be poisonous, toxic, or a source of contamination. They include items such as medicines, first aid supplies, and cosmetics, toiletries, toothpaste, mouthwash, and other personal care items.

Personal protective equipment means specialized clothing or equipment, such as gloves or lap cloth, worn by an employee for protection against a hazard. General work clothes not intended to function as protection against a hazard are not considered to be personal protective equipment.

Personnel means the permit holder, any person who performs body art, individuals having supervisory or management duties, or any other person employed or working in a body art establishment. This individual may or may not be a body artist.

Physician or osteopath means an individual licensed to practice medicine in Georgia.

Pierce or piercing means body piercing.

Potable water supply means any water supply that is satisfactory for drinking and domestic purposes. Potable water must meet the current standards established by the Environmental Protection Division, Georgia Department of Natural Resources.

Premises means the facility, its contents, and the contiguous property under the control of the permit holder.

Proof of age means a valid Georgia driver's license, Georgia Identification Card or other generally accepted means of identification that describes the individual as 18 years of age or older and contains a photograph of the individual.

Registration means license or permit as applicable to each respective person.

Safe materials means articles manufactured for the specific purpose of body art procedures which are unlikely to cause injury or disease under proper use and care.

Sanitary means clean and free of agents of infection or disease.

Sanitized means the application of an EPA registered sanitizer on a cleaned surface by a process that provides sufficient concentration of chemicals for sufficient time to reduce the microorganism level, including pathogens, to a safe level on utensils and equipment in accordance with the label instructions.

Sewage means human excreta, all water carried waste, and household wastes from residences, buildings, or commercial and industrial establishments.

Sharps means any object, sterile or contaminated, that may intentionally or accidentally cut or penetrate the skin or mucosa.

Sharps container means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal of sharps and that is labeled with the International Biohazard Symbol.

Single use means disposable products or items that are intended for one-time, one-person use and are properly disposed of by appropriate measures after use on each client. Single use items include but are not limited to: cotton swabs or balls, single use instruments, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, stencils, ink cups, and protective gloves.

Solid waste means refuse, garbage, trash, rubbish, and any other item(s) which could cause an unsanitary condition or undesirable health and safety conditions.

Sterilization means the use of a physical or chemical procedure by which all forms of microbial life, including bacteria, viruses, spores, and fungi are destroyed including highly resistant bacterial endospores. This is achieved by holding in an autoclave for 15 minutes, at 15 pounds pressure, and at a temperature of 273 degrees Fahrenheit or 121 degrees Celsius or any equivalent procedure resulting in complete destruction of microbial life including spores.

Sterilized indicator means a tape, strip, bag, or other device designed to change color to indicate that sterilization temperature has been achieved during the sterilization procedure.

Sterilizer means an autoclave certified to meet generally accepted medical standards.

Tattoo means to mark or color the skin by pricking in, piercing, or implanting indelible pigments or dyes under the skin or mucosa. This term also includes all forms of cosmetic tattooing which encompasses permanent cosmetics or makeup, micro-pigmentation, permanent color technology, and micro-pigment implantation.

Temporary body art establishment shall mean any location, place, facility or business whereby a person has been granted a permit to practice body art by the department for no more than a period of seven consecutive days only for the purpose of product demonstration in connection with conventions or industry trade shows.

Ultrasonic cleaning unit means a unit approved by the department with lid, physically large enough to fully submerge instruments in liquid, which removes all foreign matter from the instruments by means of high frequency oscillations transmitted through the contained liquid.

Universal precautions means treating all blood and body fluids as if they contain blood borne pathogens and taking proper precautions to prevent the spread of any blood borne pathogens (see Appendix I following this article).

Utensil means any implement, tool, or other similar device used in the storage, preparation, operation, or processing of body art.

Violation correction means a plan for correcting violations or deficiencies by meeting the requirements of this article.

Waste means solid waste, sewage, blood and body fluids or other waste resulting from the operation of a body art establishment.

Work area or work station means the same as parlor and is an area where clients receive body art.

(Ord. No. 14-0057, Exh. 2, 1-22-14; Ord. No. 18-0340, Att. A, 5-16-18)

Cross reference

Definitions generally, § 1-2.