16 Del. Admin. Code § 4451-1.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4451-1.0 - General Provisions

1.1 Preamble. The Secretary of Delaware Health and Social Services adopts these Regulations pursuant to the authority vested in the Secretary by 16 Del.C. § 122. These Regulations establish standards for the sanitary operation of body art establishments. For the purpose of these Regulations, the term "body art establishment" includes "tattoo parlor" and "body piercing establishment," as defined in 16 Del.C. § 122(3)(w). These Regulations provide a system of permitting and inspection of body art establishments and procedures for enforcement.

1.2 Purpose. These Regulations shall be liberally construed and applied to promote their underlying purpose of protecting the public health. They set forth minimum standards in the practice of body art and those establishments that choose to require more stringent standards are encouraged to do so.

1.3 Severability. In the event any particular clause or section of these Regulations should be declared invalid or unconstitutional by any court of competent jurisdiction, the remaining portions shall remain in full force and effect.

1.4 Exemptions

1.4.1 Licensed health care practitioners allowed by law to provide medical treatment who perform body art procedures either independent of or in connection with patient treatment are exempt from these regulations.

1.4.2 Individuals who pierce only the outer perimeter and lobe of the ear using a pre-sterilized single use stud and clasp ear piercing system are exempt from these Regulations. Individuals who use ear piercing systems must conform to the manufacturer's directions on use and applicable U.S. Food and Drug Administration requirements. The Division retains authority to investigate consumer complaints relating to alleged misuse or improper disinfection of ear piercing systems.

1.5 Variance

1.5.1 A licensee may seek a variance from these Regulations by making a request for variance to the Division. The Division may grant a variance by modifying or waiving the requirements of these Regulations if in the opinion of the Division a health hazard or nuisance will not result from the variance.

1.5.2 A variance shall not be transferable from person to person, nor from location to location.

1.5.3 If a variance is granted, the Division shall retain the information specified below in its records for the Body Art establishment.

1.5.3.1 A statement of the proposed variance of the requirement of these Regulations, citing the relevant section of these Regulations;

1.5.3.2 An analysis of the rationale for how the potential public health hazards or nuisances will be alternatively addressed by the proposal; and

1.5.3.3 Any other information requested by the Division that may be deemed necessary to render judgment.

1.5.4 A variance is rendered void upon occurrence of one or more of the following: the physical facility is demolished; a remodeling project in the facility includes the area(s) addressed in the variance; or the permit holder granted the variance ceases to operate the body art establishment for a period exceeding thirty (30) consecutive days.

16 Del. Admin. Code § 4451-1.0

18 DE Reg. 645( 2/1/2015) (Final)