§ 34-829. Enforcement.
(a)
Inspections.
(1)
Opening inspection. Prior to the issuance of a permit to operate, the inspector shall perform an opening inspection of the proposed body art establishment and determine that compliance with the requirements of this article has been met.
(2)
Interval. An inspection of a body art establishment shall be performed at least twice a year (once every six months). The first routine inspection will be conducted within 60 days following the opening of the establishment. Additional inspections of a body art establishment shall be performed as necessary for the enforcement of this article.
(3)
Right to access. Inspectors, after proper identification, shall be permitted to enter any body art establishment during normal hours of operation for the purpose of performing inspections to determine compliance with this article. Inspectors shall also be permitted to examine the records of the establishment.
(b)
Inspection report.
(1)
Report. Findings made during an inspection shall be recorded on the inspection report form. The inspection report shall summarize the requirements of this article and shall set forth a grade based on critical and non-critical category violations. A copy of the completed inspection report form shall be furnished to the permit holder or designee of the establishment at the conclusion of the inspection.
(2)
Posting of report.
a.
The current inspection report shall be prominently displayed in public view at all times, within 15 feet of the front or primary public door and between five feet and seven feet from the floor and in an area where it can be read at a distance of one foot away.
b.
At body art establishments with no primary or public door, the report shall be prominently displayed at all times where it can be read by the public from a distance of one foot away.
c.
If requirements of subsection (3)a. and b. are not possible because of physical restrictions, a location will be determined as approved by the department.
d.
The body art establishment inspection report addendum(s), completed by the department during an inspection, will not be required to be displayed, but will be made available by the establishment to the public upon request.
(3)
Public document. The completed inspection report is a public document and is available for public disclosure upon written request.
(4)
Additional documentation. In addition to the report findings, evidence may also be documented via photographs, samples, and any other means of documentation deemed necessary by the department.
(c)
Inspection score.
(1)
Point values. The scoring system shall include a weighted point value for each requirement in which critical category items are assigned values of five points, with non-critical category violations having assigned values of either one or two points.
(d)
Violations.
(1)
Critical category. Critical category violations shall include the following:
a.
Autoclave does not meet minimum time, pressure or temperature requirements, not maintained;
b.
Lack of a monthly negative spore or microbiological monitoring test for quality control, records maintained;
c.
Non-disposable tubes and needles are not sterilized or were sterilized greater than one year ago;
d.
Reuse of single use articles;
e.
Reuse of single use needles;
f.
Single use needles sterilized and properly handled;
g.
Sterile instruments not properly handled;
h.
Piercing jewelry not sterilized, not properly handled;
i.
Reusable instruments not handled properly;
j.
Employees with infectious lesions on hands not restricted from body art procedures;
k.
Employees not practicing proper cleanliness and good hygienic practices, not using aseptic techniques;
l.
Employees not washing hands, not using gloves;
m.
Water supply not approved or hot and cold running water under pressure not available;
n.
Approved sewage and liquid waste disposal not available or improper disposal of liquid wastes;
o.
Cross connection allowing back-siphonage present in plumbing system;
p.
Toilet and hand washing facilities not available for employees;
q.
Insect and rodent evidence, harborage, or outer opening present;
r.
Parlor or work area not properly stocked;
s.
Toxic items not properly stored, labeled, or used.
(2)
Rating score. The rating score of the facilities shall be the total of the weighted point values for all violation categories subtracted from 100.
(e)
Corrective actions.
(1)
Routine compliance. Corrective actions for body art establishments, including temporary body art facilities as outlined in the department's current "enforcement policy," shall be initiated when any of the following conditions are found to exist:
a.
Any critical category violation documented on the inspection report must be corrected at the time of inspection or within 24 hours at the discretion of the department;
b.
Any structural deficiencies must be corrected within 30 days;
c.
Any other violation must be corrected within seven days including;
d.
Repeated violations documented on the previous inspection report.
(2)
Temporary body art facilities. In the case of temporary body art facilities, all critical violations shall be corrected at the time of inspection. If critical violations are not corrected, the establishment shall immediately cease operations until authorized to resume operation by the department. Upon declaration of an imminent health hazard which cannot be immediately corrected, the director shall issue an order requiring the facility to immediately cease operations until authorized to reopen.
(3)
Imminent health hazards. When an imminent health hazard is found to exist, corrective actions for body art establishments shall be initiated as ordered by the department, and shall include immediate cessation of operation until the facility is under compliance. Failure of a body art establishment to comply with the corrective action plan and immediate cessation of operation shall subject the body art establishment to immediate closure by the department pursuant to O.C.G.A. § 31-5-9. The following conditions shall be considered as or contributing to an imminent health hazard:
a.
Autoclave does not meet minimum time, pressure or temperature requirements and/or not maintained, lack of a monthly negative spore or microbiological monitoring test for quality control, and/or records not maintained.
b.
Non-disposable tubes and needles are not sterilized or were sterilized greater than one year ago, reuse of single use articles, single use needles neither sterilized nor properly handled, and/or piercing jewelry not sterilized nor properly handled.
c.
Employees with infectious lesions on hands not restricted from body art procedures, employees not practicing proper cleanliness and good hygienic practices, not using aseptic techniques, not washing hands, and/or not using gloves.
d.
Presence of sewage in the body art establishment, a cross connection allowing back-siphonage in the plumbing system, improper disposal of liquid wastes, approved sewage and liquid waste disposal not available, and/or a malfunctioning onsite sewage system which poses a risk of contamination to the establishment operation.
e.
Substantial loss of normal operating water pressure, lack of hot and cold water, and/or a contaminated water supply.
f.
Loss of electrical power causing the establishment to be operated in an unsanitary manner.
g.
The presence and/or harborage of insects and rodents, facility not rodent-proof and any other infestation which poses a risk of contamination to the establishment operation.
h.
The presence of a confirmed communicable disease in an employee, which in the department director's judgment, could cause a health hazard.
i.
The occurrence of a fire or natural disaster which affects the establishment's operation causing unsanitary conditions.
j.
Any other condition deemed to be an imminent health hazard by the department in the director's judgment.
(4)
Declaration of imminent health hazard. Upon declaration of an imminent health hazard which cannot be immediately corrected, the local health officer shall issue an order requiring the facility to immediately cease operations until authorized to reopen.
(5)
Denial. Suspension or revocation of permit.
a.
The department shall have the authority to deny, suspend or revoke permits for failure to comply with the provisions of this article including but not limited to any one of the following:
1.
Failure of the permit holder to maintain the initial requirements for obtaining the permit to operate.
2.
The person who owns the establishment allows an individual who does not have a valid body artist license to perform a body art procedure in the body art establishment.
3.
The original application, or renewal thereof, contains materially false information, or the applicant has deliberately sought to falsify information contained therein.
4.
Failure of the person who owns the establishment or designated agent to actively supervise and monitor the conduct of the employees, customers and others on the premises in order to protect the health, safety and welfare of the general public and the customers.
5.
The person who owns the establishment or designated agent, or any employee associated with the body art establishment, has allowed a violation(s) or has engaged in violation of any part of this article.
6.
The operation of the body art establishment otherwise constitutes a imminent health hazard to the public.
b.
When an application for a permit is denied or the permit previously granted is to be suspended or revoked, the person who owns the establishment, permit holder or designated agent must be notified in writing, specifically stating any and all reasons why the action was taken.
c.
Suspension is effective upon service of a written notice thereof, and operation of the body art establishment must cease immediately. The notice must state the basis for the suspension and advise the person who owns the establishment, permit holder or designated agent of the right to a preliminary hearing to be held by an experienced supervisory level employee of the department not directly involved in the suspension.
d.
The request for a preliminary hearing by the person who owns the establishment, permit holder or designated agent must be requested within ten days of being served the suspension notice. If requested, the preliminary hearing must be held within 20 days of the request.
e.
The rules of evidence will not apply, but both the department and the person who owns the establishment, permit holder or designated agent may present witnesses, records and argument. The hearing official will be authorized immediately to rescind or modify the suspension or to continue the suspension with or without conditions.
f.
If the suspension is not rescinded, the person who owns the establishment, permit holder or designated agent shall have ten days to request an evidentiary hearing before the director or designee.
g.
If requested, the evidentiary hearing must be held within 30 days of the request. If a hearing is not requested, upon correction of all violations, the person who owns the establishment, permit holder or designated agent may request an inspection to reinstate the permit.
(6)
Service of notice. A notice of hearing is properly served when it is hand delivered to the person who owns the establishment, permit holder or designated agent, or when it is sent by certified or regular U.S. mail, return receipt requested, to the last known address of the person who owns the establishment, permit holder or designated agent. A copy of the notice shall be filed in the records of the department.
(7)
Notice of hearing. A notice of hearing is properly served when delivered in person or by certified or regular U.S. mail, return receipt requested, to the person who owns the establishment, permit holder or designated agent. All notices shall state the time, place, nature of the hearing, and shall be filed in the records of the department.
(8)
Hearings. Hearings shall be conducted at a time and place designated by the department. Any oral testimony given at a hearing shall be reported verbatim via electronic recording, and the hearing officer shall make provisions for sufficient copies of the recording upon request. The hearing officer shall make a final determination based upon the complete hearing record and shall sustain, modify, or rescind any notice or order considered in the hearing. The decision of the hearing officer shall be final absent an appellate review in the courts. A written report of the hearing decision shall be furnished to the person who owns the establishment, permit holder or designated agent by the department.
(9)
Procedure when infection is suspected. When the department has reasonable cause to suspect possible disease transmission by an employee of a body art establishment, it may secure a morbidity history of the suspected employee or make any other investigation as indicated and shall take appropriate action. The department may require any or all of the following measures and any other actions necessary:
a.
The immediate exclusion of the employee from employment in a body art establishment;
b.
The immediate closing of the body art establishment concerned until, in the opinion of the department, no further danger of disease outbreak exists;
c.
Restriction of the employee's services to some area of the establishment where there is no danger of transmitting disease;
d.
Adequate medical and laboratory examination of the employee and of other employees and of their bodily discharges; and/or
e.
The person who owns the establishment, permit holder or designated agent shall exclude a body art employee from a body art establishment if the body art employee is diagnosed with an infectious agent.
(f)
Denial, suspension or revocation of body artist license.
(1)
Authority. The department shall have the authority to deny, suspend or revoke licenses for failure to comply with the provisions of this article including but not limited to any one of the following:
a.
Failure of the body artist to maintain initial requirements for obtaining the body artist license;
b.
The body artist has violated any provisions of this article;
c.
The original application, or renewal thereof, contains materially false information, or the applicant has deliberately sought to falsify information contained therein.
(2)
Procedures. Body artist license denial, suspension and revocation procedures shall be the same as those for permits as described in the previous subsections of section 34-828, specifically addressing notices and hearings.
(Ord. No. 14-0057, Exh. 2, 1-22-14)