Section 1200-23-06-.04 - MINIMUM STANDARDS FOR BODY PIERCING ESTABLISHMENTS(1) Submission of Plans. Whenever a body piercing establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a body piercing establishment, at least one set of properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the Commissioner for review and approval at least thirty (30) days before construction, remodeling, or conversion is begun. The plans and specifications shall indicate:(a) the total area in square feet to be used for the business;(b) all entrances and exits;(c) the number, location and types of plumbing fixtures;(d) source of water supply;(f) the floor plan identifying the general layout of work areas, to include fixtures and equipment; and(g) a list of proposed fixed body piercing equipment and facilities;(2) The Commissioner shall approve the plans and specifications, if they meet the requirements of these Rules.(3) No body piercing establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the Commissioner.(4) Pre-Operational Inspection. After plans and specifications have been approved by the Commissioner, the body piercing establishment shall not start operations until the Commissioner has made a pre-operational inspection and has determined compliance with the approved plans and specifications and with the requirements of these Rules.(5) Each business where body piercing procedures are performed shall provide a work area separate from observers or visitors.(6) A work area shall have a sink equipped with hot and cold running water for handwashing and cleaning instruments, apart from a bathroom sink, which is conveniently available.(7) The use of common towels is prohibited. Handsinks shall be equipped with a soap dispenser and single-use towels.(8) Each body piercing establishment shall be equipped with an autoclave or steam sterilizer, a sterilizing device capable of meeting sterilization as defined in 1200-23-6-.01(65). The autoclave shall be used to sterilize all nondisposable or reusable body piercing equipment.(9) Each location shall have the facilities to properly dispose of all waste material. All materials (e.g., needles) must be disposed of in accordance with the Code of Federal Regulations, Title 29, Part 1910, Occupational Safety and Health Act, Bloodborne Pathogens and/or accepted universal precaution guidelines.(10) Water Supply. (a) Enough potable water for the needs of the body piercing establishment shall be provided from a source constructed and operated according to law.(b) Sewage. All sewage, including liquid waste, shall be disposed of by a public sewerage system or by a sewerage disposal system constructed and operated according to law.(c) Plumbing. Plumbing shall be sized, installed, and maintained according to law. There shall be no cross-connection between the potable water supply and any other water supply or other source of contamination.(11) Toilet Facilities. (a) Toilet installation. Toilet facilities shall be designed, installed, and maintained according to law. There shall be sufficient toilet rooms and/or toilet fixtures to accommodate patrons, and employees, and operators.(b) Toilet rooms. Toilet rooms opening directly into work or customer waiting areas shall be completely enclosed and shall have tight-fitting, solid doors, which shall be closed except during cleaning or maintenance.(c) Toilet fixtures. Toilet fixtures shall be kept clean and in good repair. A supply of toilet tissue on tissue holders shall be provided at each toilet at all times. Easily cleanable receptacles shall be provided for waste materials. Toilet rooms shall have at least one covered waste receptacle.(12) Lavatory Facilities. (a) Lavatory installation. Lavatory facilities shall be designed, installed, and maintained according to law. Facilities shall be of sufficient number and location to permit convenient use by patrons, and employees, and operators.(b) Lavatory faucets. Each lavatory shall be provided with hot and cold water tempered by means of a mixing valve or combination faucet. Any self-closing, slow-closing, or metering faucet used shall be designed to provide a flow of water for at least fifteen (15) seconds without the need to reactivate the faucet.(c) Lavatory supplies. A soap dispenser and a supply of antiseptic, hand-cleaning soap or detergent shall be available at each lavatory. A supply of single-use sanitary towels or a hand-drying device providing heated air shall be conveniently located near each lavatory. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the handwashing facilities.(d) Lavatory maintenance. Lavatories, soap dispensers, hand-drying devices, and all related fixtures shall be kept clean and in good repair.(13) Solid Waste(a) Containers. 1 Garbage and refuse shall be kept in durable, easily cleaned containers that do not leak and do not absorb liquids. Containers shall be kept in a clean and sound condition and all garbage and refuse disposed of according to law.2. Containers used in work areas shall be kept covered when not in use and after they are filled.3. There shall be a sufficient number of containers to hold all the garbage and refuse that accumulate.(b) Garbage and refuse shall be disposed of at such frequency as to prevent the development of odor and the attraction of insects, rodents, or vermin.(c) Disposal of potentially infectious waste such as blood, fluids, used inks, or other liquid waste may be deposited directly into a drain connected to a sanitary sewer system. Disposable needles, scalpels, or other sharp items shall be placed intact into puncture-resistant sharps containers with a biohazard label before disposal. Filled sharps containers shall be considered regulated waste and must be disposed of in accordance with Solid Waste Processing and Disposal Regulations (1200-1-7 ).(d) Waste potentially contaminated with small amounts of blood or other infectious body fluids (e.g., gauze, wipes, disposable lap cloths), which do not meet the definition of regulated waste, shall be double-bagged in sealed, impervious bags to prevent leakage of the contained items. These bags shall be of sufficient strength to prevent breakage or leakage and shall not contain any sharps. The waste bags shall be containerized and disposed of in an approved sanitary landfill.(14) The premises shall be kept in such condition as to prevent the entrance, harborage, or feeding of insects, rodents, or vermin.(15) Floors (a) Floor construction. Floors and floor coverings of all work areas, dressing rooms, locker rooms, toilet rooms and vestibules shall be constructed of smooth, nonabsorbent, durable material and maintained in good repair. Carpeting, if used as a floor covering, shall be of closely woven construction, properly installed, easily cleanable, and maintained in good repair. Carpeting is allowed in work areas, dressing rooms, and locker rooms. Carpeted flooring around the operating chair and work table in the work area must be covered by vinyl or rubber sheeting or mats so as to preclude any absorption of spillage that may occur during the body piercing operation.(b) Mats. Mats shall be of nonabsorbent, grease resistant materials and of such size, design, and construction as to facilitate their being easily cleanable.(16) Walls and Ceilings (a) Maintenance. Walls and ceilings, including doors, windows, skylights, and similar closures shall be constructed of smooth, nonabsorbent, durable material and be maintained in good repair.(b) Attachments. Light fixtures, vent covers, wall-mounted fans, and similar equipment attached to walls and ceilings shall be easily cleanable and maintained in good repair.(17) Physical Facilities. Floors, mats, walls, ceilings, and attached equipment and decorative materials shall be kept clean.(18) Lighting (a) Permanently fixed artificial light sources shall be installed to provide at least fifty (50) foot-candles of light on all work area surfaces and at equipment washing work levels.(b) Permanently fixed artificial light sources shall be installed to provide at a distance of thirty (30) inches from the floor at least ten (10) foot candles of light in all other areas.(19) Ventilation. All rooms shall have sufficient ventilation to keep them free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes.(20) Living areas. No operation of a body piercing establishment shall be conducted in any room used as living or sleeping quarters.(21) Poisonous or Toxic Materials(a) Materials permitted. There shall be present in the body piercing establishment only those poisonous or toxic materials necessary for maintaining the establishment and cleaning or sanitizing equipment, as well as controlling insects and rodents.(b) Labeling of materials. Containers of poisonous or toxic materials shall be prominently and distinctly labeled for easy identification of contents.(c) Toxic items shall be separated from other forms of materials used in the process of body piercing.(22) Premises (a) Body piercing establishments shall be kept neat, clean, and free of litter and rubbish.(b) Only articles necessary for the operation and maintenance of the body piercing establishment shall be stored on or within the establishment.(23) Animals. Live animals of all species shall be excluded from within the body piercing work area and from adjacent areas within the facility under the control of the permit holder. However, this exclusion does not apply to fish in an aquarium. Service animals accompanying blind or deaf persons shall be permitted in the establishment.(24) Equipment and Utensils (a) Materials 1. Multi-use equipment and utensils shall be constructed and repaired with safe materials, including finishing materials; they shall be corrosion resistant and nonabsorbent; and they shall be smooth, easily cleanable, and durable under conditions of normal use. Single-service articles shall be made from clean, sanitary, and safe materials.2. Re-use of single service articles is prohibited.(b) Design and Fabrication1. General. All equipment and utensils, including plasticware, shall be designed and fabricated for durability under conditions of normal use and shall be resistant to denting, buckling, pitting, and chipping.(i) Body piercing operational surfaces shall be easily cleanable, smooth, and free of breaks, open seams, cracks, chips, pits, and similar imperfections, as well as free of difficult-to-clean internal corners and crevices.(ii) Sinks and drain boards shall be self-draining.2. Surfaces of equipment not intended as operational surfaces, but which are exposed to splash or debris or which otherwise require frequent cleaning, shall be designed and fabricated to be smooth, washable, free of unnecessary ledges, projections, or crevices and readily accessible for cleaning. Such surfaces shall be constructed of such material and in such repair as to be easily maintained in a clean and sanitary condition.3. Needles and other equipment used in body piercings shall be designed and manufactured for the sole purpose of piercing the skin.(25) Aisles and working spaces. Aisles and working spaces between units of equipment and walls shall be unobstructed and of sufficient width to permit employees to perform their duties readily without contamination of equipment or of operational surfaces by clothing or personal contact.(26) Work Area. The work room is to be continually equipped or stocked with the following materials: (a) a minimum of six (6) sterilized piercing needles;(b) a minimum of one extra package of disposable towels other than the package that is being used;(c) a minimum of one extra box of disposable gloves other than the box being used; and(d) an extra supply of bandages, ointment or gel, and antibacterial soap.Tenn. Comp. R. & Regs. 1200-23-06-.04
Original rule filed January 28, 2002; effective April 13, 2002.Authority: T.C.A. §§ 4-5-202 and 62-38-101 et seq.