Pursuant to the Weld County Home Rule Charter, Ordinance Number 2025-14 published below, was introduced and, on motion duly made and seconded, approved upon first reading on September 29, 2025. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on October 15, 2025. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard.
In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225 prior to the day of the hearing.
Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County website (www.weld.gov). Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov.
Ordinance No. 2025-14
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 14 Health and Animals of the Weld County Code
Date of Next Reading: October 15, 2025, at 9:00 a.m.
Board of County Commissioners
Weld County, Colorado
Dated: September 30, 2025
Published: October 5, 2025, in the Greeley Tribune
Ordinance Language:
Weld County Code Ordinance 2025-14
Chapter 14
Health and Animals
Article V Rules and Regulations for Body Art Establishments
Amend Sec. 14-5-20. Definitions.
The terms used in this Code are defined as follows:
Antiseptic means a product that is labeled as useful in preventing diseases caused by microorganisms present on the skin and/or mucosal surfaces of humans. This includes products meant to kill germs and/or labeled as “antiseptic,” “antimicrobial,” “antibacterial,” “microbicide,” or “germicide,” or other similar terms.
Aseptic Technique means a set of specific practices and procedures performed under controlled conditions with the goal of minimizing contamination by pathogens.
Authorized Agent means an employee of the designated health department/district charged with the enforcement of this Code.
Autoclave means a piece of equipment that is intended to sterilize products by means of pressurized steam.
Automated Instrument Washer means a mechanical washer designed specifically for the decontamination of instruments prior to sterilization.
Biocompatible means the ability of an object to be inserted into a person without eliciting any undesirable local or systemic effects in that person.
Biohazardous Waste means any solid or liquid waste that can present a threat of infection to humans, including body tissue, blood and bodily fluids, wastes that contain blood or other potentially infectious material (OPIM). This includes, but is not limited to, absorbent materials with blood, bodily fluids, or excretions/secretions; and other contaminated products used during a body art procedure.
Bloodborne Pathogen means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV).
Move the following after definition of Body art: Body art establishment/facility means any place or premise, whether licensed or not, public or private, temporary or permanent, outside or inside, for profit or not, where the practices of body art are performed.
Insert the following after definition of Body artist: Body Piercing means any method of piercing the skin or mucosa to place jewelry through the skin or mucosa.
Branding means the process in which a mark or marks are burned into human skin tissue with the intention of leaving a permanent mark.
Cas Registry Number also referred to as CASRN or CAS Number, means a unique numerical identifier assigned by the Chemical Abstracts Service (CAS) to every chemical substance described in the open scientific literature.
Complaint of Injury Form means a document used to file with the Department a notice of injury as a result of a body art procedure.
Delete Contamination.
Cycle Number means a unique number that corresponds to each individual autoclave cycle. This number is used as an identifier, sometimes known as a lot number. It may include the date as part of the number.
Decontamination means the use of physical and/or chemical means to remove, inactivate, or destroy pathogens on a surface. A surface/item is decontaminated when there are no infectious particles, and then the surface/item is rendered safe for handling, use, or disposal.
Disinfectant means a product that is tuberculocidal and registered by the U.S. Environmental Protection Agency (EPA), as indicated on the label for use in disinfection.
Insert the following after definition of Disinfection: Enzymatic Cleaning Solution means a cleaner that relies on biological catalysts to remove proteins or biofilms from a surface.
Furnishings means all fixtures, furniture, and other objects within a body art establishment that are not integral to the structure of the physical establishment (e.g., walls, windows, doors) and are not used in the storage of body art equipment and instruments, application of body art, or its sterilization/decontamination and disinfection processes.
Delete Invasive.
Indicator means a test or device designed to validate one or more of the following critical variables of an autoclave cycle: time, temperature, and steam/pressure. The three types of indicators are chemical, biological, and mechanical.
- Chemical Indicator means a substance that undergoes a distinct observable change when conditions in its solution change while measuring the sterilization process. This could be a color change, precipitate formation, or bubble formation, in order to show a temperature change, or other measurable quality.
- Biological Indicator (BI) means a test system containing viable microorganisms (spores) providing a defined resistance to a specific sterilization process. A biological indicator provides information on whether necessary conditions were met to kill a specified number of microorganisms for a given sterilization process.
- Mechanical Indicator means a self-recording gauge used to verify the time, pressure and/or temperature obtained during the sterilization process.
Informed Consent Form means a form signed by a client prior to a body art procedure to confirm that they agree to the procedure and are aware of any risks that might be involved.
Instruments/Tools/Devices/Implements Used For Body Art means handpieces, needles, needle bars, tattoo machines, forceps, and other tools that could come in contact with a client’s body or could be exposed to bodily fluids during body art procedures.
Integrator also referred to as Type 5 Integrator or an Integrating Indicator, means a device designed to validate all three of the following critical variables of an autoclave cycle: time, temperature, and steam under pressure.
Jewelry means any biocompatible object that is worn through a body piercing.
License means written approval by the Department to operate a body art establishment or to perform body art. Approval is given in accordance with this Code and in addition to any other local, state, or federal requirements.
Material Certificate means all documents intended to state the specifics of a material used for body jewelry. Names for these documents include but are not limited to Mill Certificates, Material Certificates, Metal Composition Sheets, Material Safety Data Sheets (MSDS), and Material Certification Sheets.
Mobile Body Art Establishment/Unit means a licensed mobile establishment or unit that is self-propelled or otherwise movable from place to place and operated by a licensed body artist who performs body art procedures.
Mucosal Surface means the moisture-secreting membrane lining of all body cavities or passages that communicate with the exterior, including but not limited to the nose, mouth, vulva, and urethra.
Municipal Solid Waste means common trash or garbage that does not meet the definition of regulated waste.
Other Potentially Infectious Material (Opim) means:
1. The following human body fluids: semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any bodily fluid that is visibly contaminated with blood, and all bodily fluids in situations where it is difficult or impossible to differentiate between bodily fluids;
2. Any unfixed tissue or organ (other than intact skin) from a human (living or dead); and
3. HIV-containing cell or tissue cultures, organ cultures, HIV- or HBV-containing culture medium or other solutions, blood, organs, or other tissues from experimental animals infected with HIV, HVC, or HBV.
Insert the following after definition of Pre-sterilized instruments: Procedure means the act of performing body art.
Insert the following after definition of Procedure area: Procedure Site means the area or location on the client’s body selected for the placement of body art.
Propylene Gas means any gas that is labeled with a CAS Registry Number of 115 07 1 (this includes but is not limited to MAPP gas and methyl ethylene gas).
Regulated Waste means liquid or semi-liquid blood; items contaminated with blood or OPIM, and which would release these substances if compressed; items that are caked with dried blood or OPIM and are capable of releasing these materials during handling; and contaminated sharps containing blood or OPIM.
Scarification means the process in which a mark or marks are cut into human skin tissue with the intention of leaving a permanent mark.
Delete Sculpting.
Sharps mean all objects (sterile or contaminated) that may purposely or accidentally cut the skin or mucosa including, but not limited to, single-use needles, scalpel blades and razor blades.
Insert the following after definition of Sharps container: Single-Use means products or items that are intended for one-time, one-person use and are disposed of after use on each client, including but not limited to cotton swabs or cotton balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, needles, scalpel blades, stencils, ink cups, and protective gloves.
Standard Operating Procedure (Sop) means an instructional document that describes all procedures and processes that are to be followed step-by-step, by each worker in a facility, so as to produce the exact same results safely no matter who performs routine operations.
Sterile means a state of being free from viable microorganisms.
Sterile Gloves means a medical-grade or exam-grade disposable, single-use covering for the hands worn for protection against disease transmission. Sterile gloves have been sterilized by the manufacturer or by following the sterilization protocol set forth by the glove manufacturer.
Sterile Water means water that is purchased from the manufacturer sterile, in a single-use container.
Sterilization means a validated process used to render a product free from viable microorganisms.
Delete Sterilizer.
Sterilization Area/Room means a room or enclosed area, set apart and used only to clean, decontaminate, and sterilize instruments.
Sterilization Log means a physical or digital recording of autoclave cycle number, as well as type of sterilizer and cycle used; the load identification number; the load contents; the exposure parameters (e.g., time and temperature); the operator’s name or initials; date and time; and the results of mechanical, chemical, and/or biological monitoring.
Tattoo means the mark resulting from the act of tattooing.
Tattooing means any act of placing ink or other pigment into or under the skin or mucosa by use of needles or any other method used to puncture the skin, resulting in permanent or temporary colorization of the skin or mucosa. This includes all forms of cosmetic tattooing performed on the face or body.
Temporary Body Art Establishment means any place or premise operating at a fixed location where a body artist performs body art procedures but does not have a permanent body art facility license (i.e., educational, trade show, convention, public or private events, performance, product demonstration, or aesthetic shows).
Thermal Cautery Unit (TCU) means electrical equipment that provides direct or alternating current that is passed through a resistant metal wire electrode, generating heat used for branding.
Ultrasonic Cleaner or Ultrasonic means equipment that removes debris by a process called cavitation, in which waves of acoustic energy are propagated in aqueous solutions to disrupt the bonds that hold particulate matter to surfaces.
Ultraviolet Air Purifier means a machine designed to use short wave ultraviolet (UV C) light to inactivate airborne pathogens and microorganisms.
Insert the following after definition of Universal precautions: Violation means the act of violating or going against any section or subsection of this Code.
Amend Sec. 14-5-30. Application and Review of Plans.
A. Application. Any person desiring to operate a body art establishment shall make written application for a license and pay license and applicable plan review fees using forms provided by the Department. Each application form shall include the name and address of each applicant, the location of the facility, a description of the body art to be performed, the local and State sales tax identification numbers, and the signature of the applicant.
B. Construction plans and specifications. All new, remodeled, temporary and mobile body art establishments require Department-approved plans. These plans must be approved prior to temporary events, operation of a mobile unit or commencing work, and in advance of the application for any building, plumbing, and electrical permits.
1. All facilities shall be constructed and completed in accordance with all applicable local fire, electrical, plumbing, and building codes, including the layout of the reception area, the procedure areas, the cleaning and sterilization area and the toilet facilities.
2. Detailed plans and specifications of a proposed new body art establishment and/or proposed extensive remodeling of a body art establishment shall be submitted to the Department for review and approval at least two (2) weeks prior to the start of any construction or extensive remodeling. Approval by the Department of both the plans and specifications is necessary before construction begins. All revisions of approved plans and specifications shall require resubmission for approval.
3. Contents of the plans and specifications shall demonstrate that the facility will comply with this Chapter of the Code. A plan-view scale drawing of the establishment shall be provided. The plans shall include the location of all equipment, plumbing fixtures and connections, ventilation systems and other pertinent information.
C. Pre-opening inspection. Whenever the submittal of plans and specifications is required, the Department shall conduct a pre-opening inspection of the new or extensively remodeled body art establishment prior to the opening of that establishment for operation. The purpose for that inspection shall be to determine compliance with the approved plans and specifications and with the requirements of these rules and regulations. A request for the inspection shall be submitted at least fourteen (14) days in advance of the date of an intended opening.
D. Written procedures. Each application for a body art establishment shall be accompanied by the written procedures described in this Article.
E. Annual renewal of the operating license is required thirty (30) days prior to the date of expiration and shall require a submittal of the information required in the application, except that the complete renewal application may indicate that there has been no change where appropriate.
F. The body art establishment operator shall place the license in a conspicuous place in the facility. The license shall not be assignable or transferable and shall apply only to the premises described therein.
G. The Department shall be notified by the licensee of the change of the operator of the body art establishment within thirty (30) days of the change. Notification shall be in writing and shall contain the name of the present and new operator and the date the new operator is to be responsible for the body art establishment. The new licensee is responsible for making application for an amended license under the requirements of this Article.
H. The Board of County Commissioners will set the plan review and annual license fee by separate ordinance, which may be no greater than required to offset the actual costs of the Department's services associated with administering the body art program.
Amend Sec. 14-5-40. Minimum requirements for Body Artists.
A. Persons performing body art procedures or any other task or function in a body art facility must use aseptic techniques.
B. The body artist must be a minimum of 18 years of age.
C. The body artist must maintain hair, skin, and clothes that are free of visible particulate matter. The body artist must keep fingernails short with smooth edges to allow thorough cleaning and prevent glove tears. Body artists must not wear artificial fingernails and natural nail tips must be less than 1/8 inch long. Nail polish must be intact without chips or cracks.
D. The body artist must be free of any open wound that cannot be covered, any infection, or other visible or communicable diseases that can be transmitted as a result of carrying out the body art procedure. A single, low profile, smooth wedding band may be worn during body art procedures. Wearing any other jewelry on fingers, hands, and wrists while performing a body art procedure is prohibited.
E. Before performing body art procedures, body artists must thoroughly wash their hands in a hand washing sink according to the hand washing procedure below. If a surrogate prosthetic device is being worn, manufacturer recommendations for washing shall be followed.
1. Remove all prohibited jewelry on fingers, hands, and wrists.
2. Turn on warm water, wet hands, and apply soap.
3. Rubbing your hands together, make a soapy lather.
4. Make sure you include all fingers, wash between your fingers, thumbs, nails, cuticles, wrists, palm to palm, and the top of your hands per CDC hand washing guidelines.
5. Dry with a clean disposable towel.
6. Use a disposable towel to turn off the handles of the sink.
F. Any item or instrument used for body art that is known to be contaminated, not from the client, during the procedure shall be removed as soon as practical from the procedure area and, if necessary, replaced before the procedure resumes. Any item or instrument no longer necessary for the procedure should be removed as soon as practical.
G. Eating or drinking by anyone is prohibited in the area where body art preparations or procedures are performed and any location where instruments or supplies are stored or cleaned, with the exception of water in a sealable container. Exceptions must be made for the purpose of rendering first aid.
H. Any injury or complaint of injury, infections that required treatment by a licensed medical practitioner, or any communicable diseases resulting from the body art procedure that become known to the body artist must be reported by the body artist to the Department using the Occurrence Report for Body Art Form within three business days of the body artist becoming aware of the complaint or condition.
I. Body artists shall report all adverse events relating to or suspected of being related to materials used during a body art procedure and its aftercare to the Department and MedWatch. This reporting will help identify outbreaks and identify products with manufacturing defects. A record of this reporting must be maintained with the complaint of injury form in client records.
Amend Sec. 14-5-50. Jewelry Standards.
A. All jewelry used for initial piercings must meet the following standards.
B. All materials must meet the American Society for Testing and Materials (ASTM) and/or the International Organization for Standardization (ISO) standards for implantation. Examples of these include, but are not limited to:
1. Steel that is ASTM F138 compliant or ISO 5832-1 compliant,
2. Steel that is ISO 10993-6, 10993-10, and/or 10993-11 compliant,
3. Unalloyed titanium that is ASTM F67 or ISO 5832-2 compliant,
4. Alloyed titanium (Ti6Al4V ELI) that is ASTM F136 compliant or ISO 5832-3 compliant,
5. Alloyed titanium (Ti6Al7Nb ELI) that is ASTM F1295 compliant or ISO 5832-11 compliant,
6. Any polymer or plastic material that is ISO 10993-6, 10993-10, and/or 10993- 11 compliant and/or meets the U.S. Pharmacopeia (USP) Class VI classification. This includes but is not limited to polytetrafluoroethylene (PTFE) that is ASTM F754 compliant.
C. Solid 14-karat or higher yellow, white, or rose gold that is nickel free and cadmium free. Gold jewelry used for initial piercing may not be:
1. plated, unless using materials approved by this standard over solid 14-karat or higher yellow, white, or rose gold that is nickel and cadmium free,
2. gold filled, or
3. gold overlay/vermeil.
D. Solid unalloyed or alloyed platinum that is nickel free and cadmium free.
E. Unalloyed niobium (Nb) that is ASTM B392 compliant. This includes, but is not limited to:
1. commercial grade 2 niobium, and
2. commercial grade 4 niobium that contains 1% zirconium.
F. Glass that is lead free. This includes but is not limited to fused quartz, borosilicate, and soda-lime.
G. All threaded or press-fit jewelry must have internal tapping (no threads on exterior of posts and barbells).
H. For body jewelry purposes, surfaces and ends must be smooth, free of nicks, scratches, burrs, stamps, hallmarks, and polishing compounds.
I. Metals must have a consistent mirror finish on surfaces that frequently come in contact with tissue.
J. All jewelry used for initial piercing on people older than 12 years must be ASTM F2999 compliant.
K. All jewelry used for initial piercing on people 12 and younger must be ASTM F2923 compliant.
Amend Sec. 14-5-60. Specific Regulations for Types of Body Art.
A. Specific regulations for tattooing/cosmetic tattooing
1. All inks and pigments must be specifically manufactured for performing body art procedures.
2. Only distilled water or sterile water may be used for the dilution of inks or pigments. Diluting with potable water is not acceptable. Such dilution must be single use for the individual procedure. Immediately before a tattoo is applied, the quantity of the ink or pigment to be used must be transferred from the ink or pigment bottle and placed into single-use plastic cups or caps.
3. Upon completion of a tattoo, all single-use items and their contents must be discarded.
4. For individuals performing microblading or manual procedures, once the needle grouping (blade) is attached to the handpiece, it cannot be removed and must be fully disposed of into a sharps container whether or not used.
B. Specific regulations for branding
1. The client must be 18 years of age. Parental consent release forms do not apply.
2. The procedure area must have walls that extend to the ceiling and a closable door.
3. The procedure area must be equipped with an ultraviolet air purifier appropriately sized to the room based on the square footage and the manufacturer’s recommendations.
4. Any person present during the procedure, including all personnel and the client, must wear a mask rated as N-95 or higher.
5. Body artists must use the process of branding or use a thermal cautery unit (TCU).
6. Only nongalvanized metal may be used for branding.
7. Body artists should use only propylene gas to heat the metal for branding.
C. Specific regulations for scarification
1. The client must be 18 years of age. Parental consent release forms do not apply.
2. The body artist must wear disposable sleeves for personal protective equipment (PPE).
3. The procedure area must have walls that extend to the ceiling and a closable door.
4. The procedure area must be equipped with an ultraviolet air purifier appropriately sized to the room based on the square footage and the manufacturer’s recommendations.
5. The body artist must wear sterile gloves when coming into contact with sterile instruments during the procedure.
Amend Sec. 14-5-70. Facility Documentation Requirements.
A. A body art facility operator must keep records of the facility’s operation and personnel. All records required by this Code must be kept in print or digital form. The requirements outlined in Section 14-5-70 shall be kept on file on the premises of a body art facility and be available to the Department upon request.
B. Facility Information
1. Facility name, address, and phone number
2. Hours of operation
3. County and city licenses
4. Aftercare information
C. Operational Records
1. All operational records required by this Code must be kept in print or digital form for three years. All records must be held on the premises for one year but may be stored off the premises afterward.
2. Operational records, at a minimum, shall include:
a. Disinfection and sterilization instructions for instruments and surfaces
b. Ink tracking log to include the following components for each opened bottle: brand, color, lot number, expiration date, open date, and discard date
c. Equipment information if utilizing autoclaves, ultrasonic cleaners, anodizers, or other approved equipment.
d. Sterilization logs if utilizing autoclave
e. Procedure for responding to a positive spore test result if utilizing autoclave
f. Regulated waste pickup receipts
g. Exposure Control Plan to eliminate or minimize personnel exposure to blood or OPIM; protect customers; safely handle, store, and dispose of regulated waste; disinfect and sterilize reusable tools and equipment; and reduce the risk of cross-contamination in the body art facility.
D. Jewelry documentation
1. Receipts for jewelry purchased for initial piercings
a. These receipts must list specifications for materials sold as designated in Section 14-5-50.
b. Material (Mill) certificate from jewelry suppliers for jewelry used for initial piercings
2. These material certificates must include the:
a. Name of purchaser of material.
b. Name of seller of material.
c. Date of material sales.
d. Type of material purchased.
e. Composition of material purchased.
f. Quantity of material purchased.
E. Client Records
1. Client records required by this Code must be kept in print or digital format for three years and be available to the Department upon request. The files must be stored to prevent access from unauthorized personnel. All records must be kept on the premises for one year but may be stored off the premises afterward.
F. Client records, at a minimum, shall include:
1. Customer consent form (Section 14-5-80).
2. Risk notification (Section 14-5-80B).
3. Any complaint of injury form.
G. Personnel Records
1. Body art facilities shall keep all personnel records secure and confidential in the facility and be made available to the Department upon request.
2. Personnel records, at a minimum, shall include:
a. Full name.
b. Primary residence address.
c. Contact phone number.
d. E-mail address.
e. Copy of government-issued photo ID to include date of birth.
f. Hepatitis B declination form or proof of hepatitis B vaccination series.
g. Current bloodborne pathogens certification.
Amend Sec. 14-5-80. Client records.
A. In order for the body artist to perform body art on a client, a consent form must be completed and stored in accordance with Section 14-5-70 of this Code. The person in charge shall have access to and shall maintain client records on the premises for a minimum of three (3) years. The consent form must be in written and/or digital format. The client records shall be available for review by the Department. The consent form must include at a minimum the following sections.
B. A risk notification section that provides information detailing the risks and possible consequences of a body art procedure and must include, but is not limited to, the following statements:
1. “Body art can cause swelling, bruising, discomfort, bleeding, and pain.”
2. “Body art can cause allergic reactions.”
3. “Body art can cause irreversible changes to the human body.”
4. “Body art has a risk of infection.”
C. A client evaluation section that asks the following questions to evaluate the client’s condition for receiving body art. This section must include the following statement: Consult a physician prior to the procedure if you have any concerns about the questions below:
1. Have you eaten within the past 4 hours?
2. Are you under the influence of drugs or alcohol?
3. Have you ingested anticoagulants, antiplatelet drugs, or NSAIDS (aspirin, ibuprofen, etc.), or other medications that thin the blood in the last 24 hours?
4. Have you ingested any medication that can inhibit the ability to heal a skin wound?
5. Do you have any allergies or adverse reactions to dyes, pigments, metals, disinfectants, soaps, latex, iodine, or other products?
6. Do you have hemophilia, epilepsy, a history of seizure, fainting, narcolepsy, or other conditions that could interfere with the body art procedure?
7. Do you have a history of any diseases, including skin diseases, that might inhibit the healing of the body art procedure?
8. Do you have any communicable diseases that could be transferred to another person during the procedure?
9. Do you have diabetes, high blood pressure, heart condition, heart disease, or any other conditions that could interfere with the body art procedure?
D. Client information:
1. name as it appears on government ID
2. signature
3. address
4. current phone number of the client
5. copy of a government issued photo ID to include birthdate
E. The following information about the body art procedure must be written down:
1. type and location of the body art
2. date of the procedure
3. design, if applicable
4. jewelry styles and sizes, if applicable
5. expiration date and batch and/or lot number of all sterilized instruments used during the body art procedure that corresponds with the sterilization log for those instruments and/or package/lot number that will be applied to or inserted under the skin.
F. Documentation that both written and verbal instructions regarding risks, outcome and aftercare were given to the client, including:
1. Name, address and phone number of the establishment and the name of the body artist who performed the procedure.
2. Direction of when to consult a physician, to include signs of infection, allergic reaction and expected duration of healing.
3. Detailed description of how to care for the body art procedure site.
G. All consent forms shall include an indication that the facility is licensed by the Department.
H. Nothing in this section should be construed to require the body artist to perform a body art procedure upon a client.
Amend Sec. 14-5-90. Requirements for Premises.
A. All procedure areas and instrument cleaning areas shall have floors, walls, and ceilings constructed of smooth, nonabsorbent and easily cleanable material. Outer openings shall provide protection against contamination from dust and other contaminants. The room in which body art is performed shall have an area of not less than eighty (80) square feet.
B. The premises shall be maintained clean and in good repair.
C. At least one hundred (100) lumens of artificial light shall be provided at the level where the body art procedure is performed and in instrument cleaning and sterilization areas.
D. All surfaces, including, but not limited to, dividers, furnishings, counters, tables, equipment, chairs, recliners, shelving and cabinets in the procedure area and instrument cleaning room, shall be made of smooth, nonabsorbent materials to allow for easy cleaning and disinfection.
E. Toilet facilities shall be provided and shall be made available to both patrons and employees during all business hours. Floors and walls within toilet facilities shall be constructed of smooth, nonabsorbent and easily cleanable material. All toilet facilities shall be supplied with a hand sink.
F. Hand sinks shall be supplied with hot and cold running water delivered through a mixing faucet and under pressure, soap, and disposable paper towels. Hand sinks shall be easily accessible to procedure areas, have unobstructed access, and shall be located so that one (1) artist does not potentially contaminate another artist's area.
G. All body art facilities must have access to a mop/utility sink.
H. Distinct, separate areas shall be used for cleaning equipment, wrapping/packaging equipment and the handling and storage of sterilized equipment.
1. A covered ultrasonic cleaner and/or instrument washer must be included. Ultrasonic cleaners are not authorized within the procedure area.
2. The covered ultrasonic unit and the sink used for rinsing and scrubbing contaminated instruments must be separated from the autoclave to prevent contamination.
I. All sinks shall only be used for their designated purpose.
J. Water shall be supplied from a source approved by the Department.
K. Sewage, including liquid wastes, shall be discharged to a sanitary sewer or to a sewage system constructed, operated and maintained according to law.
L. Refuse, excluding infectious wastes, shall be placed in a lined waste receptacle at each procedure area and disposed of at a frequency that does not create a health or sanitation hazard. If the waste receptacle is covered, it must have self-closing lids with hands-free controls.
M. All facilities shall have a waiting area that is separate from the body art procedure area and from the instrument cleaning, sterilization, and storage areas.
N. Reusable cloth items shall be mechanically washed with detergent in water at a minimum of one hundred forty (140) degrees Fahrenheit, unless an approved disinfectant is applied in the rinse cycle or the dryer uses heat above one hundred forty (140) degrees Fahrenheit, as specified by the manufacturer. Clean cloth items shall be stored in a clean, dry environment until used. Soiled laundry shall be stored in a nonabsorbent container until removed for laundering and shall be stored separate from clean cloths.
O. No animals of any kind are allowed in a body art establishment except service animals used by persons with disabilities in accordance with ADA regulations. All service animals in compliance with ADA must remain outside of the procedure areas or the instrument cleaning, sterilization, or storage areas. Fish aquariums and/or service animals shall be allowed in waiting rooms and nonprocedural areas.
P. All chemicals shall be labeled with contents, properly stored and used according to label instructions.
Q. All body art establishments shall be completely separated by solid partitions or walls extending from floor to ceiling from any room used for human habitation, food preparation, nail or hair salon or other such activities that may cause potential contamination of work surfaces.
R. Utensil washing and utility sinks with threaded faucets shall be equipped with backflow prevention devices approved by the Department.
S. The facility must be free of pests including insects, rodents, and vermin.
Amend Sec. 14-5-100. Disinfection and sterilization procedures.
A. All surfaces used in the body art procedure must be smooth; free of nicks, cuts, and tears; easily cleanable; and nonporous. Surfaces must be disinfected with an EPA registered tuberculocidal disinfectant prior to and after the body art procedure.
B. All surfaces of equipment and furnishings that come into contact with the body artist during a body art procedure must be covered with a protective, impermeable barrier. Barriers must be single-use and discarded after each client.
C. Instrument cleaning.
1. All instruments that penetrate body tissue shall be properly cleaned prior to packaging and sterilization. All other instruments shall be cleaned, disinfected and sterilized after each use.
2. All reusable instruments, placed in the procedure area shall be repackaged and resterilized.
3. Employees shall wear heavy-duty, single-use, and waterproof gloves while cleaning instruments.
4. Used instruments shall be soaked in a disinfectant until cleaning can be performed. The solution shall be changed in a time as recommended by the solution manufacturer.
5. Instruments shall be disassembled for cleaning.
6. All instrument components shall be cleaned, either manually or in an ultrasonic cleaner, using the appropriate cleaning agent specific to the type of cleaning performed.
D. Instrument packaging/wrapping.
1. Employees shall wear clean gloves while packaging/wrapping instruments.
2. Instruments shall be wrapped or packaged with a sterilizer indicator on or in each package.
3. All packages shall be labeled with the time and date of sterilization. Packages will no longer be considered sterile six (6) months after the date of sterilization or if the package is compromised.
E. Instrument sterilization.
1. The sterilizer shall be designed and labeled as a medical instrument sterilizer.
2. The operator's manual for the sterilizer shall be available on the premises and the sterilizer shall be operated according to the manufacturer's recommendations.
3. The sterilizer shall be cleaned and maintained according to the manufacturer's specifications.
4. A sterilizer load log shall be maintained for a minimum of three (3) years at the facility and made available for inspection. The log shall contain the following documentation for each load:
a. Description of instruments contained in the load.
b. Date of sterilization load, and time or other unique identifier if more than one (1) load is processed during a single day.
c. Sterilizer cycle time and temperature.
d. Indication of proper sterilization of instruments, as evidenced by the appropriate color indicator change on each package. The indicator used shall be compatible with the sterilization process being used.
e. Action taken when the appropriate color indicator change did not occur.
5. Sterilizer monitoring.
a. Sterilizer monitoring shall be performed at least monthly (unless more frequent monitoring is specified by the manufacturer) by using a commercial biological monitoring (spore) system.
b. All biological indicators shall be analyzed by a laboratory independent from the establishment.
c. Biological indicator test results shall be maintained on the premises for a minimum of three (3) years and must be available for inspection at all times.
F. The body art facility must follow the procedure outlined below for responding to a positive spore test if the mechanical (e.g., time, temperature, pressure) and chemical (internal or external) indicators suggest that the autoclave is not functioning properly.
1. In the sterilization log, document procedures taken to remedy the situation.
2. Remove the autoclave from service and review sterilization procedures to determine whether operator error could be responsible for the positive spore test.
3. Recall, to the extent possible, and reprocess all items processed since the last negative spore test in a separate autoclave that has negative spore test results.
4. Retest the autoclave by using spore tests, mechanical, and chemical indicators after correcting any identified procedural problems.
5. If the repeat spore test is negative, and mechanical and chemical indicators are within normal limits, put the autoclave back in service. If the repeat spore test is positive, do not use the autoclave until it has been inspected or repaired and the exact reason for the positive test is determined. This work should be done by a factory authorized service professional, who is certified to repair the specific autoclave that is being worked on.
G. Instrument storage.
1. Hands shall be washed prior to handling sterilized instrument packs.
2. All instruments used for body art procedures must remain stored a) in sterile packages and marked with the cycle number until just prior to a body art procedure, or b) cleanly in containers and ready for sterilization immediately prior to the procedure.
3. After sterilization, the instruments shall be stored in a dry, clean area reserved for storage of sterile instruments.
H. Single-use items.
1. Single-use items shall not be used on more than one (1) client and shall be disposed of after the procedure.
2. Contaminated single-use needles, razors and other sharps shall be disposed of immediately in approved sharps containers.
Amend Sec. 14-5-110. Regulated/infectious waste.
A. Facility Policies and Procedures
1. Each body art establishment must implement a written Exposure Control Plan to manage regulated waste in accordance with this Code. This written operating plan must be available for review by the Department and facility personnel. The operating plan must include the following:
a. description of training for personnel
b. procedures for segregating, labeling, packaging, transporting, storing, and treating regulated waste
c. procedures for decontaminating regulated waste spills
d. contingency plan for emergencies. Facilities that have multiple specialty services must include procedures specific to each specialty if procedures vary. Plans must be updated when regulations, facility policies, or procedures change.
2. Any waste, including biohazardous waste, mixed with regulated waste must be managed as regulated waste.
B. Storage and Containment
1. Regulated waste (except sharps) must be packaged and sealed at the point of origin in a red biohazard bag. Each biohazard bag must meet the following:
a. Impact resistance must be determined using ASTM D-1709-91, and tearing resistance must be determined using ASTM D-1922-89.
b. Identifying manufacturer information of biohazard bags used in the establishment must be kept on file on the premises.
2. Sharps containers
a. Sharps must be discarded at the point of origin into single use or reusable sharps containers.
b. Sharps containers must be sealed when full. A sharps container is considered full when the fill line is reached or when additional materials cannot be placed into it without cramming.
c. Reusable outer containers must be rigid and constructed of smooth, easily cleanable materials. Outer containers must be decontaminated after each use.
3. Storage areas must have restricted access and be designated in the written operating plan. They must be located away from pedestrian traffic and be maintained in a sanitary condition. They must be constructed of smooth, easily cleanable materials that are impervious to liquids.
4. Packages of regulated waste must remain sealed until picked up by a licensed transporter. Ruptured or leaking packages of regulated waste must be placed into larger packaging without disturbing the original seal.
C. Labeling
1. Regulated waste bags and sharps containers must be labeled with the international biohazard symbol and the phrase “biohazardous waste” or similar.
2. The biohazard label must have a fluorescent-orange or orange-red background with lettering and biohazard symbol in a contrasting color.
3. All chemical bottles or containers shall be labeled with contents to ensure proper use.
Amend Sec. 14-5-120. Body art procedure and preparation.
A. Prohibitions include:
1. Procedures performed on any person who is noticeably impaired by drugs or alcohol.
2. Smoking, vaping, eating and drinking in the procedure and/or instrument cleaning areas with the exception of water or rendering first aid.
3. Procedures performed on skin surfaces that have sunburn, rash, pimples, boils, infections or moles, or other visible abnormalities.
B. Glove Usage
1. Prior to, during, and after a body art procedure, the body artist must wear gloves and use aseptic technique to ensure that the instruments and gloves are not contaminated. This includes but is not limited to:
a. when setting up the procedure area. This set up includes touching containers, ink bottles, barrier films, exteriors of sterile packaging, and while assembling tattoo machines and needles.
b. when prepping skin, applying stencils, or drawing designs on the skin.
c. once the procedure is completed, cleaning, applying aftercare, or bandaging to the procedure site.
d. when tearing down and disinfecting the procedure area.
C. The body artist shall wear gloves when coming into contact with the client while preparing for or performing the procedure. The gloves shall be immediately discarded and the body artist’s hands must be washed after the completion of each procedure, and/or when gloves worn for procedures are torn, punctured, or otherwise compromised, or at any other time when necessary to prevent cross-contamination.
D. Before a body art procedure is performed, the procedure site must be prepped with an antiseptic in accordance with the manufacturer’s instructions.
E. If shaving is necessary, it must be done before skin prep, and a single-use disposable razor must be used. After use, razors must be placed immediately into a sharps container.
F. In the event of bleeding, all products used to stop the flow of blood or to absorb blood must be a sterile, single-use item that is disposed of immediately after use in appropriate covered containers.
G. Any single-use items that contact the client must meet these requirements
1. All products applied to the skin, including body art stencils, pens, markers, and any other items that are used to mark the skin, must be single-use and disposable. Products used in the application of stencils must be dispensed and applied on the area to be tattooed with a suitable clean, single-use product and used in a manner to prevent contamination of the original container and its contents. The clean, single-use product must be used only once and then discarded.
H. Any products portioned out for the client must be discarded upon completion of the body art procedure.
Amend Sec. 14-5-130. Licensing Requirements.
A. It is prohibited to operate as a body art establishment or body artist without first obtaining all necessary licenses and approvals from the Department.
B. Establishments and body artists operating at the time of the enactment of this Code must be given one year to make application to the Department and comply with this Code. Establishments that continue to operate without proper licenses from the Department or operate in violation of this Code will be subject to legal remedial actions and sanctions as provided by law.
C. Fixed Body Art Establishment License:
1. A license for a body art establishment is not transferable from one place to another.
2. All body art establishment licenses must be posted in a prominent and conspicuous area.
D. Temporary Body Art Establishment License
1. Unless specified elsewhere in these requirements, temporary establishments must meet the same requirements as body art establishments at fixed locations.
2. Temporary body art establishment licenses may be issued for body art services provided outside the physical site of a licensed facility for the purposes of education, trade shows, conventions, public or private events, performances, product demonstrations, or aesthetic shows.
3. Temporary body art establishment licenses will not be issued unless the applicant is currently affiliated with a body art establishment that, where applicable, is licensed by the department.
4. Temporary body art establishment licenses expire after 14 days or the conclusion of the special event, whichever is sooner.
E. Compliance with all the requirements of this Code includes, but is not limited to, the following:
1. Facilities must properly sterilize instruments and provide evidence of a spore test performed on sterilization equipment no later than 30 days prior to the date of the event; otherwise, only single use, prepackaged, sterilized instruments marked with an expiration date, lot number, and method of sterilization can be used.
2. Flooring must be smooth and non-absorbent that can be cleaned and disinfected or disposed of.
3. There must be at least 50 square feet of floor space for each body artist.
4. Provide enough temporary hand washing sinks with running water to adequately service the number of body artists present.
5. Temporary establishments must supply a municipal solid waste receptacle, biohazardous regulated waste receptacle, and a sharps container within the procedure area, as close as feasible to where the sharps will be used.
F. Mobile Body Art Establishments
1. In addition to complying with all the requirements of this Code, mobile body art vehicles and operators working from a mobile body art establishment must comply with all the following requirements:
a. Mobile body art establishments are licensed for use only at special events lasting 14 days or less. Licenses must be obtained at least 14 days prior to the event. No body art procedures are allowed to be performed before a license is issued.
b. Body art performed pursuant to this section must be done only from an enclosed vehicle such as a trailer, mobile home, or mobile vehicle. No body art procedures may be performed outside of the enclosed vehicle.
c. Doors must be self-closing and tight fitting. Openable windows must have tightfitting screens.
d. The mobile body art establishment must be used only for the purpose of performing body art procedures. No habitation or food preparation is licensed inside the vehicle.
e. An adequate supply of potable water must be maintained for the mobile body art establishment at all times during operation.
f. All liquid wastes must be stored in an adequate storage tank with a capacity at least 15% greater than the capacity of the onboard potable water supply. Liquid wastes must be disposed of at a site approved by the Department.
g. Restroom facilities must be available on site for public use. A hand washing sink must be available inside the restroom cubicle. The hand washing sink must be supplied with hot and cold running water under pressure, liquid soap dispensed from a nonreusable container, and paper towels in a dispenser. Restroom doors must be self closing and adequate ventilation must be available.
Amend Sec. 14-5-140. Inspection.
A. Agents of the Department, after proper identification, shall be permitted to enter any body art establishment during business hours for the purpose of making inspections, investigating complaints and to determine compliance with these regulations. Agents of the Department shall only enter a procedure area with the client's consent.
B. Body art establishments shall be inspected at a frequency determined by the department based on risk to ensure compliance with this Code and to ensure the health and safety of the general public.
C. The agents shall be permitted to examine documents or true copies of documents relative to requirements of these regulations.
D. Whenever an inspection of a body art establishment is made, the findings shall be recorded and shall describe violations that exist. A copy of the completed report shall be furnished to the person in charge.
Add Sec. 14-5-150. Compliance procedures.
A. No body art establishment may operate in any portion of the County, nor may any person practice the art of body art on a person other than himself or herself without obtaining a license from the Department. Establishments or individuals that continue to operate or practice without a license from the Department, or which operate in violation of these regulations, will be subject to enforcement provisions under this Article of the Code.
B. The Board of Public Health, after an administrative hearing at which the licensee shall be afforded an opportunity to be heard, may recommend to the Board of County Commissioners, the imposition of penalty fees for violations of this regulation, not to exceed two hundred fifty dollars ($250.00) for each day of violation, as specified in Section 25-4-2102, C.R.S. The Board of Public Health shall conduct an administrative hearing to determine whether a penalty fee, and in what amount, shall be imposed. Both hearings, except as set forth in this Article, shall be conducted in accordance with Section 2-4-50 of this Code. The amount of the penalty shall be determined after considering the degree of danger to the public caused by the violation, the duration of the violation and whether such facility has committed any similar violations.
C. Suspension or revocation of licenses.
1. Whenever a licensee, operator or employee of a body art establishment has failed to comply with any provisions of this Chapter, a hearing may be scheduled by the Department before the Board of Public Health, pursuant to Section 2-4-50 of this Code, except as set forth in this Article, to consider whether a recommendation for the revocation or suspension of the license shall be forwarded to the Board of County Commissioners. Upon such recommendation to revoke or suspend a license, the Board of Public Health shall conduct an administrative hearing to determine whether a revocation or suspension shall be imposed. The administrative hearing before the Board of Public Health shall be conducted in accordance with Section 2-4-50 of this Code, except as set forth in this Article. Notice of the Board of Public Health hearing shall be deemed accomplished, provided the licensee or operator, or his or her representative, was present at the Board of Public Health hearing and was notified at such hearing of the time, date and place of the upcoming hearing.
2. Summary suspension. The Director of the Department may summarily suspend a license issued under this Chapter for a period not to exceed ten (10) days upon a finding that any licensee, operator or employee of a body art establishment has violated or failed to comply with any provisions of this Chapter resulting in an emergency circumstance which requires immediate action pending a hearing on suspension or revocation of a license. The Director first must find that the conduct of the licensee/operator or other agents or employees or the condition of a body art establishment presents an imminent danger to the health, safety and welfare of the residents of the County and patrons of the establishment prior to issuing such an order pending a hearing on suspension or revocation of a license. The licensee or permit holder shall receive written notice of such summary suspension. The temporary suspension shall become effective three (3) days after the date of mailing the written notice by certified mail, return receipt requested, to the licensee, or on the date of service of the notice upon the licensee pursuant to the Colorado Rules of Civil Procedure. In addition to the issuance of notice by certified mail or pursuant to the Colorado Rules of Civil Procedure, notice of suspension shall be conspicuously posted at the body art establishment. A hearing on suspension or revocation of the license shall be held before the Board of Public Health not later than ten (10) days after the effective date of the temporary suspension. The written notice of temporary suspension shall include notice of the time, place and purpose of such hearing, as well as the grounds for temporary suspension and possible further suspension or revocation. At such hearing, the Board of Public Health shall decide whether to recommend a suspension or revocation pursuant to Paragraph 1. above and, upon forwarding a recommendation for suspension or revocation to the Board of County Commissioners, may extend the temporary suspension until the Board of County Commissioners hears the matter, which shall take place no later than ten (10) days from the Board of Public Health's recommendation for suspension or revocation.
3. Any person whose license has been suspended pursuant to Paragraph 1. above may, at any time, make application for reinstatement of the license. Within ten (10) days following receipt of a written request, including a statement signed by the applicant specifying that the conditions causing suspension have been corrected and the submission of the appropriate reinspection fees, the Department shall reinspect the body art establishment or evaluate documentation provided by an operator. If the applicant is in compliance with the provisions of this regulation, the license shall only be reinstated upon approval of the Board of Public Health.
D. Grounds for revocation, denial or suspension of license.
1. Obtaining or attempting to obtain a license by fraudulent means or misrepresentation of any fact.
2. Violation of this Chapter of the Code.
3. Refusal to permit entry by the Department or personnel or other agents for inspection.
4. Conduct of practices determined by the Department to be detrimental to the health, safety and welfare of the patrons of the body art establishment.
5. Conviction of any felony or for any misdemeanor which affects the ability of the licensee to meet the requirements of this Article, including, but not limited to, any crime involving fraud, deceit, assault or moral turpitude.
Be it further ordained by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code.
Be it further ordained by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid.