Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-80-3 - Plan Review, Permits, Hearings, Notices and Orders, and Certificate of Registration3.1. Plan Review. 3.1.a. When a Body Piercing Studio Business opens or is extensively remodeled, and when an existing structure is converted to use as a Body Piercing Studio Business, the owner or operator shall submit plans and specifications for the construction, remodeling, or conversion of the business to the Director for review and approval at least forty-five (45) days before beginning the construction, remodeling or conversion..3.1.b. Once the completed plans are received by the Director, the Director shall review them within forty-five (45) days.3.2. Permit to operate. 3.2.a. On or after July 1, 2001, no person shall operate a Body Piercing Studio Business who does not possess a valid permit issued to him or her by the Director.3.2.b. To apply for a permit to operate a Body Piercing Studio Business, a person shall submit a completed, written application along with a non-refundable fee of two hundred dollars ($200.00) to the Director on a form obtained from the Director.3.2.c. The applicant shall submit to the Director an application for a permit at least fifteen (15) days before the beginning of operations.3.2.d. Prior to approving the application for a permit, the Director shall inspect the proposed facility to determine compliance with this rule. The Director shall issue a permit only to persons who comply with the applicable provisions of this rule.3.2.e. A Body Piercing Studio Business in operation at the time this rule becomes effective shall meet all applicable requirements of this rule.3.2.f. Permits are not transferable or assignable and automatically become invalid upon a change of ownership of the facility, or upon suspension or revocation of the permit.3.2.g. A permit to operate expires at midnight on the thirtieth (30th) day of June following the date of issuance.3.2.h. The permittee shall submit to the Director an application for the renewal of a permit at least fifteen (15) days prior to the expiration date of the existing permit.3.2.i. In the event of a change in ownership of a facility, the new operator shall submit an application for a permit to operate to the Director at least fifteen (15) days before the change is effected.3.2.j. The Director may suspend or revoke a permit if he or she finds that the facility is being maintained or operated in violation of this rule.3.2.k. The Director may revoke a permit to operate for repeated or serious violations of any of the requirements of this rule or for interference with the Director in the performance of his or her duties.3.2.l. The Director shall not reinstate a permit to operate until he or she determines by an inspection that the facility is in compliance with all applicable provisions of this rule and any orders, rules or instructions issued by the Director.3.2.m. The operator shall post in a conspicuous place within the facility, the operational permit required under Subdivision 3.2.a. of this rule and the health department public notice attached to this rule, and the permit shall be readily available to the Director.3.2.n. The operator shall post the operational permit required under Subdivision 3.2.a. of this rule beside the health department public notice attached to this rule in a conspicuous location visible to the public.3.3. Hearings, Notices and Orders. 3.3.a. When the Director makes an inspection of a facility and discovers that any of the provisions of this rule have been violated, he or she shall notify the operator of the violations by means of an inspection report form or other written notice. The operator shall correct the violations within the time specified in the notice.3.3.b. When the Director finds that any facility governed by this rule constitutes an imminent hazard to public health, he or she may, without notice or hearing, issue a written order to the operator or person in charge citing the existence of the condition and action to be taken to remedy the condition, including the immediate suspension of the permit to operate.3.3.b.1. Any person to whom the order is directed shall comply with the order immediately, but upon written petition to the Director shall be afforded a hearing on the matter as set forth in subdivision 3.3.c. of this rule.3.3.c. A person whose application for a permit to operate a facility governed by this rule has been denied, or whose permit has been suspended or revoked, may submit a written petition to the Director requesting a hearing on the matter in a manner prescribed in Rules of Procedure for Contested Case Hearings and Declaratory Rulings, 64 CSR 1. The Director shall grant a hearing on the matter within ten (10) days after he or she has received the written petition.3.3.d. The filing of a petition for a hearing on a permit denial, suspension, or revocation shall not stay or suspend the execution of the notice or order resulting in the permit denial, suspension, or revocation.3.4. Body Piercing Certificate of Registration. 3.4.a. All persons who perform or intend to perform body piercing shall hold a valid Body Piercing Certificate of Registration before performing any body piercing.3.4.b. A Certificate of Registration is valid for one (1) year, shall be prominently displayed and visible to the public at the technician=s workstation and in every shop where the technician practices, and is not transferrable.3.4.c. Certificate of Registration Requirements and Procedures. 3.4.c.1. The applicant for a Certificate of Registration shall be at least eighteen (18) years of age when he or she applies, and shall: 3.4.c.1.a. Submit a written request for a Certificate of Registration to the Bureau for Public Health, Office of Environmental Health Services, Charleston, WV 25301, and pay the Bureau the required fee of one hundred dollars ($100.00);3.4.c.1.b. Obtain a copy of this rule and sign a written statement agreeing to comply with its provisions;3.4.c.1.c. Provide the names and business addresses of all facilities at which the applicant shall perform any activity under this rule;3.4.c.1.d. Provide written documentation that he or she has received exposure control training under the requirements in 64CSR29 '9; and3.4.c.1.e. Provide written documentation of the applicant=s Hepatitis B Vaccination status in one of the following forms: 3.4.c.1.e.1. A certificate of a completed vaccination;3.4.c.1.e.2. Laboratory evidence of immunity; or3.4.c.1.e.3. A copy of a certificate of vaccination declination for Hepatitis B Vaccination that shall be kept on file in the body piercing studio business and made available during inspections.3.4.d. Certificate of Registration Suspension. If the Director finds any unsafe practices or unsanitary conditions in the body piercing studio business licensed under this rule that constitute an imminent danger to the public health, the Director may: 3.4.d.1. Immediately suspend the technician=s Certificate of Registration and all body piercing procedures done in that body piercing studio;3.4.d.2. Serve an order upon the technician, owner or manager citing the unsafe practices and conditions found, and specifying the corrective action to be taken within fifteen (15) days; or3.4.d.3. Suspend the Certificate of Registration if the violations are not corrected within fifteen (15) days. The person to whom the order is issued may send a written request to the Director for a review of the violation report, and the review shall be held within fifteen (15) days.3.4.e. Certificate of Registration Revocation. The Director may be revoke the Certificate of Registration at any time after due process.