D.C. Mun. Regs. r. 16-3627

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 16-3627 - BODY ART ESTABLISHMENT INFRACTIONS

3627.1

[RESERVED]

3627.2

Violations of any of the following provisions shall be a Class 2 Infraction:

(a) Operating a body art establishment or performing body art procedures in a body art establishment without a valid body art establishment license issued by the Mayor in violation of 25-G DCMR §§ 600.1 and 706.2(a);

(b) Employing or permitting a body artist to perform body art procedures in a body art establishment without a valid body artist license issued by the Mayor in violation of 25-G DCMR §§ 600.2 and 706.2(b);

(c) Operating a body art establishment without a valid Certificate of Occupancy in violation of 25-G DCMR §§ 600.5 and 706.2(e);

(d) Failing to use only single-use disposable sharps, pigments, gloves, and cleansing products in connection with body art procedures in violation of 25-G DCMR § 200.5;

(e) Performing a body art procedure on a customer who is under eighteen (18) years of age in violation of 25-G DCMR §§ 201.1,706.2(j), and 708.2;

(f) Using an ear-piercing gun to pierce the ear of a minor who is not accompanied by a parent or guardian and without obtaining a signed "Parental/Legal Guardian Authorization Form" from the accompanying parent or guardian as specified in 25-G DCMR § 201.3(b), in violation of 25-G DCMR §§ 201.2,706.2(j), and 708.3;

(g) Operating a body art establishment without posting required signage in violation of 25-G DCMR §§ 201.3, 202.3, and 607.4;

(h) Using inks and pigments that are not specifically manufactured for performing body art procedures in accordance with manufacturer's instructions in violation of 25-G DCMR § 300.2;

(i) Failing to calibrate all sterilization equipment by an independent laboratory and maintain records of the calibrations on the premises for inspection by the Department for three (3) years in violation of 25-G DCMR § 311.1;

(j) Failing to allow access to Department representatives during the facility's hours of operation and other reasonable times as determined by the Department; or hindering, obstructing, or in any way interfering with any inspector or authorized Department personnel in the performance of his or her duty in violation of 25-G DCMR §§ 700.2 and 706.2(i); or

(k) Operating a body art establishment in violation of a Notice of Closure/Summary Suspension, Revocation, Suspension, Warnings, or other directives issued by the Department as specified in 25-G DCMR §§ 707, 712.3, 802.1, 805.1, 807.1, 811, and 812.

3627.3

Violations of any of the following provisions shall be a Class 3 Infraction:

(a) Operating a body art establishment without a manager who is on duty and on the premises during all hours of operation in violation of 25-G DCMR §§ 200.2 and 706.2(g);

(b) Operating a body art establishment without a body artist who is on duty and on the premises during all hours of operation in violation of 25- G DCMR §§ 200.3 and 706.2(h);

(c) Performing a body art procedure using jewelry made of inappropriate materials in violation of 25-G DCMR §§ 203.1(a) - (f);

(d) Performing a body art procedure using jewelry that has nicks, scratches, or irregular surfaces and that is not properly sterilized prior to use in violation of 25-G DCMR § 203.2;

(e) Failing to open in front of the customer all equipment and supplies, including but not limited to distilled water, inks, pigments, and all packages containing sterile instruments, pre-sterilized, single- use jewelry, and pre-sterilized, single- use disposable items in violation of 25-G DCMR § 203.3;

(f) Failing to provide a customer with "Aftercare Instructions" after each body art procedure in violation of 25-G DCMR § 204;

(g) Failing to report a diagnosed infection, allergic reaction, or adverse reaction resulting from a body art procedure within five (5) business days of its occurrence or knowledge thereof to the Department as specified in 25-G DCMR § 204.3(e) in violation of 25-G DCMR § 316.2;

(h) Failing to use only distilled water to mix and dilute inks or pigments and not tap water in violation of 25-G DCMR § 300.1;

(i) Operating without following procedures to prevent cross-contamination in violation of 25-G DCMR §§ 302.1 through 302.7;

(j) Operating without following procedures to prevent cross-contamination from customers in violation of 25-G DCMR §§ 303.1(a) through (e);

(k) Failing to ensure that contaminated, reusable instruments are placed in a labeled covered container which contains a disinfectant solution such as two percent (2.0%) alkaline glutaraldehyde or similar disinfectant until it can be cleaned and sterilized, in violation of 25-G DCMR § 304.5;

(l) Operating without following procedures in violation of 25- G DCMR §§304.10(a) though (d) and §§ 309.1(a) through (c);

(m) Operating without sterilizing reusable instruments in an FDA validated medical sterilizer in accordance with manufacturer instructions in violation of 25-G DCMR § 304.13;

(n) Operating without a working sterilizer or appropriate cleansing equipment, such as a working ultrasonic cleaner in violation of 25-G DCMR § 304.15;

(o) Operating without following procedures to prevent contamination by not using single- use marking instruments and stencils in violation of 25- G DCMR §§ 305.1 through 305.5;

(p) Operating without following procedures to prevent contamination by not using pre-sterilized, single-use jewelry in violation of 25-G DCMR §§ 306.1 and 306.2;

(q) Failing to follow procedures for the proper handling and disposal of biohazard and infectious waste in violation of 25-G DCMR §§ 307.1 and 307.2;

(r) Operating without a written Infection Prevention and Exposure Control Plan in violation of 25-G DCMR § 308.1;

(s) Operating without following procedures to ensure reusable instruments are cleaned by gloved personnel prior to sterilization in violation of 25- G DCMR §§ 309.1(a) through (c);

(t) Failing to load, operate, decontaminate, and maintain sterilizers according to manufacturer's instructions, or using equipment not manufactured for the sterilization of medical instruments in violation of 25-G DCMR § 310.1;

(u) Operating with sterilization equipment not tested using a commercial biological indicator monitoring system in violation of 25-G DCMR §§ 310.2 and 310.4;

(v) Failing to maintain a daily written log of each sterilization cycle on the premises for three (3) years for inspection by the Department in violation of 25-G DCMR § 310.5 and §§ 310.6(a) through (e);

(w) Failing to follow procedures when operating without access to a decontamination and sterilization area that is in compliance with these regulations or without sterilization equipment in violation of 25-G DCMR § 312.1;

(x) Failing to maintain a procedural manual at the establishment that is available at all times to operators and the Department for inspection in violation of 25-G DCMR § 313.1;

(y) Failing to maintain a Personnel Manual in violation of 25-G DCMR §§ 313.2(a) through (e);

(z) Failing to maintain documentation on the premises for disclosure to customers upon request in violation of 25-G DCMR §§ 314.1(a) through (c);

(aa) Failing to maintain all records at the establishment for review by the Department upon request in violation of 25-G DCMR § 315.1;

(bb) Operating with no water, or insufficient water capacity, or inadequate water pressure to any part of the body art establishment in violation of 25-G DCMR §§ 403.1(a) and 706.1(d);

(cc) Operating with no hot water, or an unplanned water outage, or the water supply is cut off in its entirety for a period of one (1) or more hours in violation of 25-G DCMR §§ 403.1(b) and 706.1(e);

(dd) Operating with toilet or handwashing facilities that are not properly designed, constructed, installed, or maintained in violation of 25-G DCMR §§ 403, 404, 405, and 706.1(k);

(ee) Operating with incorrect hot water temperatures that cannot be corrected during the course of the inspection in violation of 25-G DCMR §§ 404.1 and 706.1(f);

(ff) Operating without a D.C. licensed exterminator service contract in violation of 25-G DCMR §§ 508.1(a) through (c);

(gg) Operating without a D.C. licensed solid waste service contract in violation of 25-G DCMR §§ 508.2(a) and (b);

(hh) Operating without a D.C. licensed environmental biohazard waste disposal service contract in violation of 25-G DCMR §§ 508.3(a) and (b);

(ii) Operating with animals in the body art procedure areas, decontamination or sterilization areas, or storage areas, except for service animals, in violation of 25-G DCMR §§ 509.1 and 509.2;

(jj) Operating a body art establishment with an expired or suspended body art establishment license in violation of 25-G DCMR §§ 600.3 and 706.2(c);

(kk) Employing a body artist who is performing body art procedures with an expired or suspended body artist license in violation of 25-G DCMR §§ 600.4 and 706.2(d);

(ll) Operating with extensive fire damage that affects the body art establishment's ability to comply with these regulations in violation of 25-G DCMR § 706.1(a);

(mm) Operating with serious flood damage that affects the body art establishment's ability to comply with these regulations in violation of 25-G DCMR § 706.1(b);

(nn) Operating with loss of electrical power to critical systems, including but not limited to lighting, heating, cooling, or ventilation controls for a period of two (2) or more hours in violation of 25-G DCMR § 706.1(c);

(oo) Operating with a plumbing system supplying potable water that may result in contaminated of the potable water in violation of 25- G DCMR § 706.1(g);

(pp) Operating with a sewage backup or sewage that is not disposed of in an approved and sanitary manner in violation of 25-G DCMR § 706.1(h);

(qq) Operating with a cross-connection between the potable water and non-potable water distribution systems, including but not limited to landscape irrigation, air conditioning, heating, or fire suppression system in violation of 25-G DCMR § 706.1(i);

(rr) Operating with a backflow siphonage event in violation of 25-G DCMR § 706.1(j);

(ss) Operating with work surfaces, including but not limited to workstations, solid surfaces and objects in the procedure and decontamination areas within a body art establishment that are stained with blood or bodily fluids, or soiled; or infested with vermin; or are in an otherwise unsanitary condition violation of 25-G DCMR § 706.1(l);

(tt) Operating with gross insanitary occurrence or condition that may endanger public health including but not limited to an infestation of vermin violation of 25-G DCMR § 706.1(m); or

(uu) Failing to eliminate the presence of insects, rodents, or other pests on the premises in violation of 25-G DCMR §§ 507.3 and 706.1(n).

3627.4

Violations of any of the following provisions in 25-G DCMR § 708 shall be a Class 3 Infraction:

(a) Permitting a person to perform or offer to perform body art procedures, use any words or letters, figures, titles, signs, cards, advertisement, or any other symbols or devices indicating or tending to indicate that the person is authorized to perform such services, or use other letters or titles in connection with that person's name which in any way represents himself or herself as being engaged in the practice of body art, or authorized to do so, unless the person is licensed by and registered with the Mayor to perform body art procedures in the District of Columbia, in violation of 25-G DCMR §§ 706.2(j) and 708.1;

(b) Allowing a body art procedure to be performed when the customer is unable to exercise reasonable care and safety or is otherwise impaired by reason of illness, under the influence of alcohol, or using any controlled substance or narcotic drug as defined in 21 USC § 802(6) or (17), respectively, or other drug in excess of therapeutic amounts or without valid medical indication, or any combination thereof in violation of 25-G DCMR §§ 706.2(j) and 708.4;

(c) Tattooing or piecing anyone at any location in the establishment other than in a designated work area in violation of 25-G DCMR §§ 706.2(j) and 708.5;

(d) Allowing any customer to perform their own tattoo, piercing, or insertions anywhere on the premises in violation of 25-G DCMR §§ 706.2(j) and 708.6;

(e) Allowing any food, drink, tobacco product, or personal effects to contaminate a procedural area in violation of 25-G DCMR §§ 706.2(j) and 708.7;

(f) Eating or drinking while performing a procedure; failing to stop a procedure and protect the procedure site from contamination if a customer request to eat, drink, or smoke; and/or failing to ensure that a customer leaves the procedure area to smoke in violation of 25- G DCMR §§ 706.2(j) and 708.8;

(g) Failing to ensure that the body artist and the customer wear appropriate protective face filter masks during a branding procedure in violation of 25-G DCMR §§ 706.2(j) and 708.9; or

(h) Performing body art procedures on animals in a body art establishment in violation of 25-G DCMR §§ 706.2(j) and 708.10.

3627.5

Violations of any provision of the District's Body Art Establishment Regulations (Subtitle G, Title 25 of the DCMR), which is not cited elsewhere in this section shall be a Class 4 infraction.

D.C. Mun. Regs. r. 16-3627

Final Rulemaking published at 52 DCR 5045 (May 27, 2005); amended by Final Rulemaking published at 67 DCR 1225 (2/7/2020)