District of Columbia Administrative Code

803 DENIAL OF APPLICATION FOR LICENSE ─ NOTICE 803.1 If an application for a license or a renewal of a license is denied, the Department shall provide the applicant with written notice that includes: (a) The specific reasons and legal authority for denial of the license; (b) The …

804 ISSUANCE OF LICENSE ─ NOTICE OF OPENING, DISCONTINUANCE OF OPERATION, AND POSTING 804.1 A tanning facility shall provide notice to the Department of its intent to operate at least thirty (30) calendar days before beginning operations. 804.2 A tanning facility shall provide no…

805 ISSUANCE OF LICENSE ─ NEW, CONVERTED OR REMODELED, EXISTING OPERATIONS AND CHANGE OF OWNERSHIP OR LOCATION 805.1 Each applicant shall submit: (a) A properly completed application packet provided by the Department; (b) Copies of all operating and safety procedures unique to th…

806 ISSUANCE OF LICENSE ─ REQUIRED PLAN REVIEWS AND APPROVALS 806.1 A license applicant or licensee shall submit to the Department for review and approval properly prepared plans and specifications before: (a) The construction of a tanning facility; (b) The conversion of an exist…

807 ISSUANCE OF LICENSE ─ REQUIRED INSPECTIONS, PREOPERATIONAL, CONVERSIONS AND RENOVATIONS* 807.1 The Department shall conduct one (1) or more preoperational inspections to verify and approve that the tanning facility is constructed and equipped in accordance with plans and modi…

808 CONDITIONS OF LICENSE RETENTION ─ RESPONSIBILITIES OF THE LICENSEE 808.1 Upon receipt of a license issued by the Department, the licensee, in order to retain the license, shall comply with Subsections 808.2 through 808.6. 808.2 The licensee shall post a current license, valid…

809 CONDITIONS OF RETENTION ─ LICENSE NOT TRANSFERABLE 809.1 A tanning facility license shall not be transferred from one person to another person or from one location to another. SOURCE: Final Rulemaking published at 60 DCR 3582 (March 15, 2013). AUTHORITY: DC-DCMR Section 4902 …

900 ACCESS & INSPECTION FREQUENCY ─ DEPARTMENT RIGHT OF ENTRY, DENIAL MISDEMEANOR* 900.1 The Department shall determine a tanning facility’s compliance with these regulations by conducting on-site: (a) Preoperational inspections; (b) Unannounced routine annual and follow-up inspe…

901 REPORT OF FINDINGS ─ DOCUMENTING INFORMATION AND OBSERVATIONS 901.1 The Department shall document on an inspection report form: (a) Administrative information about the tanning facility’s legal identity, street and mailing addresses, inspection date, and other information suc…

902 REPORT OF FINDINGS ─ SPECIFYING TIME FRAME FOR CORRECTIONS 902.1 The Department shall specify on the inspection report the time frame for correction of violations as specified in Sections 908 and 910. SOURCE: Final Rulemaking published at 60 DCR 3582 (March 15, 2013). AUTHORI…

903 REPORT OF FINDINGS ─ ISSUING REPORT AND OBTAINING ACKNOWLEDGMENT OF RECEIPT 903.1 At the conclusion of the inspection, the Department shall provide a copy of the completed inspection report and the notice to correct violations to the licensee and request a signed acknowledgme…

904 REPORT OF FINDINGS ─ REFUSAL TO SIGN ACKNOWLEDGMENT 904.1 The Department shall inform a person who declines to sign an acknowledgment of receipt of inspection findings that: (a) An acknowledgment of receipt is not an agreement with the finding; (b) Refusal to sign an acknowle…

905 REPORT OF FINDINGS ─ PUBLIC INFORMATION, RECORDS RETENTION 905.1 The Department shall keep and maintain in-office an active record of each inspection report, complaint, inspector’s sample reports, license suspension, and other correspondence made by any tanning facility withi…

906 IMMINENT HEALTH HAZARD ─ CEASING OPERATIONS AND EMERGENCY REPORTING* 906.1 The Department shall summarily suspend operations, or a licensee shall immediately discontinue operations and notify the Department, whenever a facility is operating with any of the following condition…

907 IMMINENT HEALTH HAZARD ─ RESUMPTION OF OPERATIONS 907.1 If operations are discontinued as specified in Section 906 or otherwise according to applicable D.C. laws and regulations, the licensee shall obtain approval from the Department before resuming operations. 907.2 The Depa…

908 CRITICAL VIOLATIONS ─ TIME FRAME FOR CORRECTION* 908.1 A licensee shall, at the time of inspection, correct a critical violation of these regulations and implement corrective action as specified in Section 908.2. 908.2 The Department may consider the nature of the potential h…

909 CRITICAL VIOLATION ─ VERIFICATION AND DOCUMENTATION OF CORRECTION 909.1 The licensee shall correct critical violations no later than five (5) business days after an inspection. The Department shall enter the violation and information about the corrective action on the inspect…

910 NONCRITICAL VIOLATIONS ─ TIME FRAME FOR CORRECTION 910.1 The licensee shall correct noncritical violations no later than fourteen (14) business days after the inspection, except as specified in Section 910.2. 910.2 The Department may approve a compliance schedule that extends…

911 REQUEST FOR REINSPECTION 911.1 If a license is summarily suspended pursuant to Section 1108 or suspended or revoked pursuant to Section 1113 because of violations of these regulations, the licensee shall submit a written request for reinspection and pay the required reinspect…

9900 GENERAL PROVISIONS 9900.1 The terms and phrases used in this title shall have the meanings set forth in this chapter, unless the text or context of the particular chapter, section, subsection, or paragraph provides otherwise. SOURCE: Final Rulemaking published at 60 DCR 3582…

9901 DEFINITIONS 9901.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed: Condemnation order – a written administrative notice: (1) to prohibit the use of a specific tanning equipment or device, or (2) to remove a tanning equipment or devi…

100 TITLE ─ Body Art Establishment Regulations 100.1 These provisions shall be known as the Body Art Establishment Regulations hereinafter referred to as “these regulations.” SOURCE: Final Rulemaking published at 64 DCR 13496 (December 29, 2017). District of Columbia Municipal Re…

101 INTENT ─ SAFETY 101.1 The purpose of these regulations is to protect the public’s health by keeping the District’s body art industry safe and sanitary. 101.2 These regulations: (a) Establish minimum standards for the design, construction, operation, and maintenance of body ar…

102 COMPLIANCE WITH FEDERAL AND DISTRICT LAWS 102.1 Body art establishments shall meet the following requirements: (a) 29 CFR Part 1910 (Occupational Safety and Health Standard, Subpart Z – Toxic and Hazardous Substances); (b) 29 CFR § 1910.1030(d) – Bloodborne Pathogen Standard;…

1000 ADMINISTRATIVE SANCTIONS ─ NOTICE OF INFRACTIONS 1000.1 The Department may impose civil infraction fines penalties for violations of any provision of these regulations pursuant to the Department of Consumer & Regulatory Affairs Civil Infractions Act of 1985, (Civil Infractio…

1001 CRIMINAL SANCTIONS ─ CRIMINAL FINES, IMPRISONMENT 1001.1 An operator whose body art establishment is operating in violation of Subsections 200.5, 201, 202, 311, and 314.1 of these regulations shall be subject to license suspension or revocation as specified in Section 812 an…

1002 JUDICIAL REVIEW ─ APPEALS 1002.1 Any person aggrieved by a final order or decision of the Department may seek judicial review in accordance with the Department of Health Functions Clarification Act of 2001, effective October 3, 2001, as amended (D.C. Law 14-28; D.C. Official…

1100 SCHEDULE OF FEES AND SERVICES 1100.1 The following fees are applicable to Body Art Establishments and include plan reviews, inspections, and license applications. Description of Services: Fees: Initial Facility License Application $ 250.00 (2-year licensing period begins Oct…

200 OPERATORS’ RESPONSIBILITIES ─ QUALIFICATIONS AND TRAINING* 200.1 Operators shall ensure that prior to working in their establishments, body artists are licensed in accordance with: (a) The Regulation of Body Artists and Body Art Establishments Act of 2012, effective October 2…

201 PRE-OPERATING PROCEDURES ─ AGE RESTRICTIONS SIGNS AND POSTING* 201.1 Operators shall ensure its customers are eighteen (18) years of age in order to receive a body art procedure in accordance with the Regulation of Body Artists and Body Art Establishments Act of 2012, effecti…

202 PRE-OPERATING PROCEDURES ─ HEALTH RISK STATEMENTS, CONTENT, AND POSTING* 202.1 Operators shall ensure customers are reminded to consult with their physician regarding any medical condition which could be exacerbated by body art procedures. 202.2 Operators shall conspicuously …

203 PRE-OPERATING PROCEDURES ─ JEWELRY SELECTION, AND EQUIPMENT SETUP* 203.1 All licensed operators shall ensure customers and body artists select together the appropriate size and quality of jewelry prior to beginning the body-piercing procedure. Appropriate jewelry shall be mad…

204 POST-OPERATING PROCEDURES ─ AFTERCARE INSTRUCTIONS, CONTENT * 204.1 Operators shall ensure after each body art procedure, the body artist provides the customer with “Aftercare Instructions”, which include the following information: (a) The name of the body artist who performe…

300 PREVENTING CONTAMINATION ─ DISTILLED WATER, INKS, PIGMENTS, AND PRE-STERILIZED, SINGLE-USE DISPOSABLE ITEMS 300.1 Operators shall ensure only distilled water is used to mix and dilute inks, or pigments and shall not use tap water. 300.2 Operators shall ensure tattoo artists u…

301 PREVENTING CONTAMINATION ─ PRE-STERILIZED, SINGLE- USE DISPOSABLE SHARPS 301.1 Operators shall ensure tattoo artists use only pre-sterilized single needles and scalpel blades. For equipment that is not pre-sterilized, operators shall ensure body artists use single-use disposa…

302 PREVENTING CROSS-CONTAMINATION FROM BODY ARTISTS ─ WORK AREAS, CONSTRUCTION AND DESIGN, AND RESTRICTIONS 302.1 Operators shall ensure body artists encountering a biohazard or other health hazards report it immediately to the manager. 302.2 Operators shall ensure body artists …

303 PREVENTING CROSS-CONTAMINATION FROM CUSTOMERS 303.1 Operators shall ensure that any skin or mucosa surface to receive a body art procedure is free of a rash or any visible infection and shall comply with the following procedures in preparing the customer’s skin: (a) Clean the…

304 PREVENTING CONTAMINATION ─ REUSABLE INSTRUMENTS AND EQUIPMENT, DESIGN, LOCATION, AND MAINTENANCE LOG 304.1 Operators shall ensure reusable instruments that are used during body art procedures which may contact blood or other bodily fluids, or which come in direct contact with…

305 PREVENTING CONTAMINATION ─ MARKING INSTRUMENTS AND STENCILS* 305.1 All licensed operators shall use marking instruments that are single-use and shall be used only on intact skin that has been treated with a germicidal soap. 305.2 Marking instruments that come in contact with …

306 PREVENTING CONTAMINATION ─ PRE-STERILIZED, SINGLE-USE JEWELRY* 306.1 Jewelry inserted into a healed piercing that has not been previously worn or contaminated shall be disinfected in accordance with manufacturer’s instructions with a non-hazardous disinfectant approved by the…

307 PREVENTING CONTAMINATION ─ BIOHAZARD AND INFECTIOUS WASTE, HANDLING AND DISPOSAL* 307.1 Operators shall ensure all sharps are disposed of in medical-grade sharps containers and disposed of by professional environmental infectious waste disposal companies licensed in the Distr…

308 PREVENTING CONTAMINATION ─ INFECTION PREVENTION AND EXPOSURE CONTROL PLAN 308.1 Operators shall ensure that each body art establishment develops, maintains and follows a written Infection Prevention and Exposure Control Plan provided by the operator that identifies the follow…

309 PREVENTING CONTAMINATION ─ REUSABLE INSTRUMENTS AND STERILIZATION PROCEDURES* 309.1 Operators shall ensure reusable instruments are cleaned by gloved personnel prior to sterilization using the following methods: (a) Pre-clean the items in an ultrasonic cleaning unit used acco…

310 MAINTENANCE RECORDS ─ STERILIZERS AND COMMERCIAL BIOLOGICAL INDICATOR MONITORING SYSTEM, AND RETENTION* 310.1 Operators shall ensure that sterilizers are loaded, operated, decontaminated, and maintained according to manufacturer’s instructions, and only equipment manufacture…

311 MAINTENANCE RECORDS ─ STERILIZERS* 311.1 The Department shall require calibration of all sterilization equipment by an independent laboratory that will calibrate the equipment biennially or more frequently if recommended by the manufacturer and records of the calibrations sha…

312 RECORDS OF ACQUISITIONS ─ DISPOSABLES, SINGLE-USE, PRE-STERILIZED INSTRUMENTS, AND RECORD RETENTION* 312.1 Operators that do not provide access to a decontamination and sterilization area that is in compliance with these regulations, or that do not have sterilization equipmen…

313 RECORDKEEPING REQUIREMENTS ─ CONFIDENTIAL, PERSONNEL FILES* 313.1 Operators shall maintain a procedural manual at the body art establishment which shall be available at all times to operators and the Department during each inspection. 313.2 Each body art establishment’s perso…

314 RECORDKEEPING REQUIREMENTS ─ REQUIRED DISCLOSURES* 314.1 Each body art establishment offering tattoo procedures shall keep on the premises documentation of the following information, and shall disclose and provide this information to customers upon request: (a) The actual pig…

315 RECORDKEEPING REQUIREMENTS ─ RETENTION 315.1 The operator shall maintain all records at the establishment for at least three (3) years or longer if required by any other applicable District law or regulation. The records shall be readily available for review by the Department…

316 RECORDKEEPING REQUIREMENTS ─ REPORTS OF INFECTION OR ALLERGIC REACTIONS 316.1 Operators shall maintain a document called a “Report of Infection or Allergic Reactions” that details infections and allergic reactions reported to the body artist or the body art establishment by a…