10- 144 C.M.R. ch. 210, § 3

Current through 2024-51, December 18, 2024

Section 144-210-3 - SANITARY FACILITIES

A. Water supply. The water supply shall be adequate, of a safe sanitary quality, and from a source approved by the Department. (Critical)

1. Water from a public water system, as defined under Maine law, shall meet the federal water standards established under the National Primary Drinking Water Rules, 40 CFR Part 141, and the Department of Health and Human Services Rules Relating to Drinking Water, 10-144 CMR, Chapter 231, as well as all applicable state and federal drinking water quality rules at all times.

2. Water from a licensed establishment that does not meet the definition of a regulated public water system shall meet state drinking water quality standards.

3. Drinking water acquired from a surface water source shall be adequate, of a safe, sanitary quality, approved by the Department, and properly disinfected with chlorine.

a. Ground water sources required to be chlorinated and surface water sources shall maintain a chlorine residual, after 30 minutes contact time, of 0.25 ppm free chlorine or 1.0 ppm total chlorine.

b. A written daily record of chlorine residuals shall be maintained and available to the Department upon request. A bacteriological analysis and test for turbidity shall be conducted monthly when the establishment is in operation.

4. All water, not piped into the establishment directly from the source, shall be transported, handled, stored and dispensed in a sanitary manner.

5. Bottled and packaged potable water shall be obtained from a source that complies with all laws and meets the State of Maine Rules Relating to Bottling Water and the Primary Drinking Water Standards. Such bottled and packaged water shall be handled and stored in a way that protects it from contamination. Bottled and packaged potable water shall be dispensed from the original container.

6. Hot and cold water under pressure shall be provided at all sinks and lavatories during the hours of operation. An applicant may be relieved of this requirement upon a demonstration of good cause, approved by the Department.

7. All private water supplies shall be subject to inspection by the Department at all times. Water from such sources shall not be used or supplied to the public unless samples therefrom have been tested and approved within the preceding twelve (12) month period by the Department, or other certified laboratories approved by the Department. Additional tests may be required by the Drinking Water Program. A copy of the water analysis, and other supporting documentation, shall be available for inspection by the Department at all times.

B. Sewage Disposal.

1. Water-Carried Sewage: All water-carried sewage shall be disposed of by means of:

a. Public sewerage system; or

b. An approved sewage disposal system that is designed, constructed, and operated in conformance with the State of Maine Subsurface Wastewater Disposal Rules, CMR 10-144 Chapter 241; or

c. A wastewater discharge system licensed by the Department of Environmental Protection under Title 38 MRSA §413 & § 414-A as amended.

2. Non-Water Carried Sewage disposal facilities shall not be used, except where water carried disposal methods have been determined by the Department to be impractical. Under such conditions, only facilities that have been approved by the Department shall be used, and operation of these facilities shall be in conformance with applicable State and local laws, ordinances and regulations.

C. Establishment. (Critical)

1. Screening: Effective control measures shall be utilized to minimize the presence of any and all vermin from the tattoo establishment.

2. Animals: Live animals, including birds and turtles, shall be excluded from the establishment, and from adjacent areas under the control of the license holder. Patrol dogs accompanying security or police officers, guide dogs accompanying handicapped persons, such as guide dogs for the blind or hearing ear guide dogs accompanying deaf and hearing impaired persons or a guide dog trainer, shall be permitted in the establishment. The security person, police officer, handicapped person or guide dog trainer shall be responsible for their dogs in public accommodations.

3. The work station in which tattooing is done shall have an area of not less than 100 square feet. The area designated for the practice of the art of tattooing will be separated from any waiting or common area by a wall or door not less than 4 feet in height.

D. Illumination. (Critical)

1. At least 10 foot-candles of light intensity shall be provided at a distance of thirty inches (30") above the floor throughout the tattooing room and at least 25 foot-candles of light shall be maintained at the work station.

E. Floors walls and ceilings.

1. All floors shall be kept clean and in good repair. All surfaces shall be easily cleanable and smooth.

2. All walls and ceilings, including doors, windows, skylights, studs, joists, rafters and similar closures shall be kept clean, in good repair, and be easily cleanable.

3. Light fixtures, decorative material, and similar equipment, and material attached to walls or ceilings, shall be kept clean.

F. Toilet Facilities.

1. A toilet and lavatory shall be located in or adjacent to the tattoo establishment and shall be accessible to the tattoo practitioner and client at all times that the tattooing establishment is open for business. The toilet and lavatory shall not be available to the general public.

2. A lavatory with hot and cold running water, under pressure, preferably from a combination supply fixture shall be located in each workstation where tattooing is performed. Anti-bacterial hand cleanser and disposable sanitary towels shall be provided. (Critical)

3. Toilet rooms shall be vented. 4. The use of common towels and cups shall be prohibited. (Critical)

G. Service tables. All service tables shall be constructed of easily cleanable material, with a smooth washable finish, and separated from waiting customers or observers by a panel or wall at least four (4) feet high. (Critical)

1. The entire premises and all facilities used in connection therewith shall be maintained in a clean, sanitary, vermin free condition and in good repair.

H. Temporary establishments. (Critical)

1. No person shall be licensed to practice the art of tattooing in any temporary place of business, such as agricultural fairs or carnivals. Tents, tent trailers, open-air facilities, and mobile tattoo establishments are prohibited.

2. A state licensed tattoo practitioner may practice the art of tattooing at a tattoo trade show approved by the Department. Approval of the facilities will be at the discretion of the Department and shall be in an approved building with hot and cold running water, handwashing facilities and toilets.

10- 144 C.M.R. ch. 210, § 3