N.J. Admin. Code § 8:27-11.2

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:27-11.2 - Inspection, inspection report, and plan of correction

(a) The local health authority with jurisdiction shall inspect every body art and ear-piercing establishment at least annually.

(b) The State health authority shall inspect each temporary body art establishment occurring in State-operated facilities.

(c) Each body art and ear-piercing establishment is subject to applicable provisions of Titles 24 and 26 of the Revised Statutes, including the right of a health authority to have access to and inspect premises, records, and items located therein.

1. A representative of the health authority shall present proper identification to an operator, or other person in charge at an establishment, upon commencing an inspection.

(d) An operator shall:

1. Permit a health authority to have full access to the establishment; and

2. Make available for inspection and copying, upon request of the health authority, all records that this chapter requires the operator to maintain.

(e) A person who obstructs or interferes with a health authority in the performance of an inspection or other duty is subject to penalty pursuant to applicable provisions of Titles 24 and 26 of the Revised Statutes.

(f) Following an inspection, a health authority shall issue a written inspection report in which the health authority:

1. Identifies any deficiencies in the operator's compliance with Titles 24 and 26 of the Revised Statutes, and/or this chapter, citing to the section of the title or chapter, with respect to which the operator is deficient;

2. Identifies deficiencies that the operator immediately must abate to avoid suspension or closure pursuant to N.J.A.C. 8:27-11.3; and

3. Specifies applicable fines and/or penalties for each cited deficiency pursuant to N.J.A.C. 8:27-11.4.

(g) Within 10 business days of an operator's receipt of a health authority's written inspection report that identifies deficiencies pursuant to (d) above, the operator:

1. Shall submit, to the health authority, a written plan of correction in which the operator specifies the manner and the dates by which the operator will correct, and avoid in the future, each cited deficiency; and

2. May submit to the health authority:

i. A request for reconsideration of a deficiency finding that the operator contends to be inconsistent with the facts or an applicable compliance standard; and

ii. Supplemental documents or materials in support of the operator's contention.

(h) Within 10 business days of its receipt of a plan of correction and/or request for reconsideration pursuant to (f) above, a health authority shall review the plan and/or the request and:

1. Notify the operator, in writing, of:

i. The health authority's determination to accept and/or reject an operator's plan of correction in whole or in part;

ii. The reasons it rejects any parts of the plan of correction by explaining how a rejected proposed corrective measure would be inadequate to meet an applicable compliance standard; and

iii. The health authority's determination on an operator's request for reconsideration and any associated requirements to implement the determination;

2. Direct and authorize the operator to complete the accepted parts of the plan of correction and notify the health authority, in writing, as to the status of completion of each corrective measure on or before the date the plan of correction specifies for completion of each measure; and

3. Direct the operator to submit a revised plan of correction as to any rejected parts of the submitted plan within 10 business days of the date of the notice of rejection.

(i) A health authority may conduct a repeat inspection to confirm the operator's acceptable performance of deficiency corrections.

(j) An operator is subject to additional or enhanced enforcement action, pursuant to N.J.A.C. 8:27-11.3, if the operator fails to timely:

1. Pay assessed fines and/or penalties;

2. Submit a plan of correction;

3. Resubmit a plan of correction that is acceptable to the health authority, if the health authority rejected the operator's initial plan of correction in whole or in part;

4. Report to the health authority as to the status of the operator's completion of each part of an accepted plan of correction; and

5. Complete corrective measures in accordance with an accepted plan of correction.

(k) A local health authority shall:

1. Submit a written report using, or containing at least the information listed in the form at N.J.A.C. 8:27 Appendix, which is incorporated herein by reference, of each adverse reaction notification it receives pursuant to N.J.A.C. 8:27-4.6 to the Department in January of each year; and

2. Report to the Department within the reporting periods and in accordance with the reporting procedures specified at N.J.A.C. 8:57, if a notification pursuant to N.J.A.C. 8:27-4.6 or an inspection indicates a suspected or a confirmed case of a reportable communicable disease or a communicable disease outbreak.

(l) The following are government records subject to public access and disclosure in accordance with N.J.S.A. 47:1A-1 et seq., and other applicable laws:

1. Final reports of annual inspections of body art and ear-piercing establishments;

2. Reports of inspections of temporary establishments;

3. Plans of correction; and

4. A final report of an outbreak epidemiological investigation of or related to a body art or an ear-piercing establishment.

(m) The following are not government records subject to public access and disclosure in accordance with N.J.S.A. 47:1A-1 et seq., and other applicable laws:

1. A report of an adverse reaction notification issued pursuant to N.J.A.C. 8:27-4.6;

2. Communicable disease reports; and

3. Subject to (l)4 above, records relating to an outbreak epidemiological investigation of a body art or an earpiercing establishment.

N.J. Admin. Code § 8:27-11.2

Amended by 54 N.J.R. 1392(a), effective 7/18/2022