For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD OF HEALTH. The Board of Health of the municipality or the authority having the duties of a Board of Health in the municipality.
BODY PIERCING. Includes ear piercing except when the ear piercing procedure is performed with an ear piercing gun.
BUSINESS. Any entity that provides services for compensation.
CUSTODIAN. Has the same meaning as in R.C. § 2151.011.
EAR PIERCING GUN. A mechanical device that pierces the ear by forcing a disposable single-use stud or solid needle through the ear.
GUARDIAN. Has the same meaning as in R.C. § 2111.01.
(R.C. § 3730.01) (Rev. 1998)
No person shall do any of the following:
(A) Operate a business that offers tattooing or body piercing services unless the Board of Health has approved the business under § 114.03;
(B) Perform a tattooing or body piercing procedure in a manner that does not meet the safety and sanitation standards established by this chapter and the rules adopted under R.C. § 3730.10;
(C) Perform a tattooing procedure, body piercing procedure, or ear piercing procedure with an ear piercing gun in a manner that does not meet the standards for appropriate disinfection and sterilization of invasive equipment or parts of equipment used in performing the procedures established by this chapter and the rules adopted under R.C. § 3730.10.
(R.C. § 3730.02) (Rev. 1998) Penalty, see § 114.99
(A) A person seeking approval to operate a business that offers tattooing or body piercing services shall apply to the Board of Health on forms the Board shall prescribe and provide. The applicant shall submit all information the Board of Health determines is necessary to process the application. The applicant shall include the fee established under R.C. § 3709.09 with the application.
(B) The Board of Health shall deposit all fees collected under this section into the Health Fund of the district that the Board serves. The fees shall be used solely for the purposes of implementing and enforcing this chapter.
(C) To receive approval to offer tattooing or body piercing services, a business must demonstrate to the Board of Health the ability to meet the requirements established by this chapter and the rules adopted under R.C. § 3730.10 for safe performance of the tattooing or body piercing procedures, training of the individuals who perform the procedures, and maintenance of records.
(D) If the Board of Health determines, following an inspection conducted under § 114.04, that a business meets the requirements for approval, it shall approve the business. Approval remains valid for one year unless earlier suspended or revoked under § 114.05. A business’s approval may be renewed. Approval is not transferable.
(R.C. § 3730.03) (Rev. 1998) Penalty, see § 114.99
The Board of Health shall conduct at least one inspection of a business prior to approving the business under § 114.03 to offer tattooing or body piercing services. The Board may conduct additional inspections as necessary for the approval process. The Board of Health may inspect an approved business at any time the Board considers necessary. In an inspection, the Board of Health shall be given access to the business’s premises and to all records relevant to the inspection.
(R.C. § 3730.04) (Rev. 1998) Penalty, see § 114.99
The Board of Health may suspend or revoke the approval of a business to offer tattooing or body piercing services at any time the Board determines that the business is being operated in violation of this chapter or the rules adopted under R.C. § 3730.10. Proceedings for suspensions and revocations shall be conducted in accordance with rules adopted under R.C. § 3730.10.
(R.C. § 3730.05) (Rev. 1998)
(A) No person shall perform a tattooing procedure, body piercing procedure, or ear piercing procedure with an ear piercing gun on an individual who is under 18 years of age unless consent has been given by the individual’s parent, guardian, or custodian in accordance with division (B) of this section.
(B) A parent, guardian, or custodian of an individual under age 18 who desires to give consent to a business to perform on the individual under age 18 a tattooing procedure, body piercing procedure, or ear piercing procedure performed with an ear piercing gun shall do both of the following:
(1) Appear in person at the business at the time the procedure is performed;
(2) Sign a document provided by the business that explains the manner in which the procedure will be performed and methods for proper care of the affected body area following performance of the procedure.
(R.C. § 3730.06) (Rev. 1998) Penalty, see § 114.99
(A) No individual shall knowingly show or give any false information as to the name, age, or other identification of an individual who is under age 18 for the purpose of obtaining for the individual under age 18 a tattooing service, body piercing service, or ear piercing service performed with an ear piercing gun.
(B) No individual shall impersonate the parent, guardian, or custodian of an individual who is under age 18 for the purpose of obtaining for the individual under age 18 a tattooing service, body piercing service, or ear piercing service performed with an ear piercing gun.
(R.C. § 3730.07) (Rev. 2001) Penalty, see § 114.99
(A) An operator or employee of a business that performs tattooing services, body piercing services, or ear piercing services performed with an ear piercing gun may not be found guilty of a violation of § 114.06(A) or any rule adopted under R.C. § 3730.10 in which age is an element of the provisions of the rule, if the Board of Health or any court of record finds all of the following:
(1) That the individual obtaining a tattooing service, body piercing service, or ear piercing service performed with an ear piercing gun, at the time of so doing, exhibited to the operator or employee of the tattooing, body piercing, or ear piercing business a driver’s or commercial driver’s license or an identification card issued under R.C. §§ 4507.50 through 4507.52 showing that the individual was then at least age 18;
(2) That the operator or employee made a bona fide effort to ascertain the true age of the individual obtaining a tattooing, body piercing, or ear piercing service by checking the identification presented, at the time of the service, to ascertain that the description on the identification compared with the appearance of the individual and that the identification had not been altered in any way;
(3) That the operator or employee had reason to believe that the individual obtaining a tattooing, body piercing, or ear piercing service was at least age 18.
(B) In any hearing before the Board of Health and in any action or proceeding before a court of record in which a defense is raised under this section, the Registrar of Motor Vehicles or the Registrar’s deputy who issued a driver’s or commercial driver’s license or an identification card under R.C. §§ 4507.50 through 4507.52 shall be permitted to submit certified copies of the records, in the Registrar’s or deputy’s possession, of such issuance in lieu of the testimony of the personnel of the Bureau of Motor Vehicles at such hearing, action or proceeding.
(R.C. § 3730.08) (Rev. 1998)
(A) Each operator of a business that offers tattooing or body piercing services shall do all of the following:
(1) Maintain procedures for ensuring that the individuals who perform tattooing or body piercing procedures are adequately trained to perform the procedures properly;
(2) With respect to tattooing services, maintain written records that include the color, manufacturer and lot number of each pigment used for each tattoo performed;
(3) Comply with the safety and sanitation requirements for preventing transmission of infectious diseases, as established in rules adopted under R.C. § 3730.10;
(4) Ensure that all invasive equipment or parts of equipment used in performing tattooing and body piercing procedures are disinfected and sterilized by using methods that meet the disinfection and sterilization requirements established in rules adopted under R.C. § 3730.10;
(5) Ensure that weekly tests of the business’s heat sterilization devices are performed to determine whether the devices are functioning properly. In having the devices tested, the operator of the business shall use a biological monitoring system that indicates whether the devices are killing microorganisms. If a test indicates that a device is not functioning properly, the operator shall take immediate remedial action to ensure that heat sterilization is being accomplished. The operator shall maintain documentation that the weekly tests are being performed. To comply with the documentation requirement, the documents must consist of a log that indicates the date on which each test is performed and the name of the person who performed the test or, if a test was conducted by an independent testing entity, a copy of the entity’s testing report. The operator shall maintain records of each test performed for at least two years.
(B) Each operator of a business that offers ear piercing services performed with an ear piercing gun shall require the individuals who perform the ear piercing services to disinfect and sterilize the ear piercing gun by using chemical solutions that meet the disinfection and sterilization requirements established in rules adopted under R.C. § 3730.10.
(R.C. § 3730.09) (Rev. 2015) Penalty, see § 114.99
Nothing in this chapter shall be interpreted as prohibiting the municipality from adopting ordinances or resolutions that prohibit the establishment of businesses that offer tattooing or body piercing services. Such ordinances or resolutions, to the extent that they conflict with this chapter, shall be deemed to supersede the provisions of this chapter.
(R.C. § 3730.11) (Rev. 1998)
(A) Whoever violates any provision of this chapter for which no other penalty has already been established shall be punished as provided in § 10.99.
(B) Whoever violates § 114.02 or § 114.06(A) is guilty of a misdemeanor of the fourth degree.
(C) Whoever violates § 114.07 is guilty of a misdemeanor of the first degree.
(R.C. § 3730.99) (Rev. 2001)