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Daryl E. Radcliffe, P.E.,S.E.
660 S cottonwood Dr, Gilbert, AZ 85296
918-671-6083
AFFIDAVID
STRUCTURAL DESIGN
PROJECT: Laser Craze
1600 Osgood Street
N Andover, MA
I certify that to the best of my knowledge, information and belief, the plans and
computations accompanying the attached application concerning the project referenced
above was designed in accordance with the requirements of the Massachusetts State
Building Code, 66'Edition and all other pertinent laws and ordinances.
9
reby certify that I have conformO wht-r the rules and
ila2i Mt ees ;n ^ry*an y this Alar. and
:i.;�y �• irli„' '� `•@S-4� ' L: irr;;rOridt-r itl9 laws of
Location
No.Date U�
TOWN OF NORTH ANDOVER
9
i Certificate of Occupancy $
Building/Frame /Frame Permit Fee $
s�cHusE 9
Foundation Permit Fee $
Other Permit Fee
TOTAL
Check #4�00fI
20937
A
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CERTIFICATE OF USE & OCCUPANCY
TOWN OF NORTH ANDOVER
Building Permit Number 299 (10/18/2008) Date: January 31, 2008
THIS CERTIFIES THAT
THE BUILDING LOCATED ON 1600 Osgood Street Building AWLazer Craze
�3a
MAY BE OCCUPIED AS Tenant Fit gp- Entertainment IN ACCORDANCE WITH
THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER
REGULATIONS AS MAY APPLY.
Certificate Issued to: Ozzy Properties — Hughes Entertainment
1600 Osgood Street
North Andover MA 01845
Building Inspector
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Gerald A. Brown
Inspector of Buildings
TOWN OF NORTH ANDOVER
OFFICE OF
BUILDING DEPARTMENT
1600 Osgood Street
Building 20 Suite 2-36
North Andover, Massachusetts 01845
Telephone (978) 688-9545
Fax (978)688-9542
AFFIDAVIT FOR FINAL COST OF CONSTRUCTION
In accordance with the provisions o the Massachusetts State Building Code, Article 1, Section 110.4
and 11.4.2, the total estimated cost of the construction including all related construction costs* of the
building located at L a G P r c r a 7.e Fir n,t r 1600 n.c g n n d Si- amounts to
$ $441,548
I, Greg Hughes being the person referred to as the owner
identified below, do solemnly swear that the statements made herein are strictly true and correct and
made in good faith.
*Related construction costs included all work done with or concurrently with the work contemplated
by the Building Permit including demolition, plumbing, heating, electrical, air conditioning, painting,
carpentry, landscaping, site improvernent, etc. Furnishings and portable equipment are not part of the
total construction costs.
Signature of Owner
COMMONWEALTH OF MASSACHUSETTS
Lt- ` M S.S. jail rd 2-9 2000)
Then personally appeared the able named ri IW AOT" and
Made an oath that the above statement is true. 'j
MOLLY C. PIDGEON
NOTARY PUBLIC
COMMONWEALTH OF MASSACHUSEM
My Commission Expires Jan. 24, 2014
OFFICIAL USE:
Final Cost:
Original Estimate cost of general work:
Cost Difference:
Additional Fee Required:
Before, Nle,
Not ry Public
TO AMEND FEE UNDER PERMIT NO.: ----2-0-9------------4-- -----
Inspectional services Department 2005 n 'er G li-
(� Q
F:stinalcostatridavitfonn Strict code enforcement makes the town sn%r 4 C<( ✓
Before bio ing, renting, leasing check zoning
BOARD OF APPEALS 688-9541 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
tjOR7k TOWN OF NORTH ANDOVER
� OFFICE OF
ye.r •1 °L
- - p BUILDING DEPARTMENT
�o 1600 Osgood Street
Building 20 Suite 2-36
SS�cHus�i North Andover, Massachusetts 01845
Gerald A. Brown
Inspector of Buildings
Telephone (978) 688-9545
Fax (978)688-9542
AFFIDAVIT FOR FINAL COST OF CONSTRUCTION
In accordance with the provisions o the Massachusetts State Building Code, Article 1, Section 110.4
and 114.2, the total estimated cost of the construction including all related construction costs* of the
building located at Lasercraze Demising, 1600 Ospood St. amounts to
$440.940.00
I, Greg Hughes being the person referred to as the owner
identified below, do solemnly swear that the statements made herein are strictly true and correct and
made in good faith.
*Related construction costs included all work done with or concurrently with the work contemplated
by the Building Permit including demolition, plumbing, heating, electrical, air conditioning, painting,
carpentry, landscaping, site improvement, etc. Furnishings and portable equipment are not part of the
total construction costs.
Signature of Owner
COMMONWEALTH OF MASSACHUSETTS
S.s.jauiaaZ9 20 U n
Then personally appeared the able named and
Made an oath that the above statement is true.
tl10LLY C. 01W
NOTARY PUBLIG
COMMONWEALTH OF MASSACHUWT'f>9
My Commission Expires Jan. 24, 2014
OFFICIAL USE:
Before, Me,
i/_, 17- N..t!_
Final Cost:
Original Estimate cost of general work:
Cost Difference:------ ----- --- _
Additional Fee Required:
TO AMEND FEE UNDER PERMIT NO.: -------- �� 8--�� --- --— - —
Inspectional services Department 2005
F:tfinalcostaffidavitfonn Strict code enforcenerrt mokes the town safer
Before buying, renting, leasing check Zoning
BOARD OF APPEALS 689-9541 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 689-9535
TOWN OF NORTH ANDOVER
Final Design Affidavit
Project Number: 0608071 (Architect's Job Number)
Project Title: Demising of Space for Laser Tag Tenant (Lazer Craze)
Project Location: 1600 Osgood St. North Andover, MA — Building 30 Southeast Entrance Second
Floor
Name of Building: Osgood Landing
Nature of Project: Renovation of existing space for Laser Tag and Amusement Tenant, includes
fireproofing of first and second floor structure.
In accordance with Section 116.0 Registered Architectural and Professional Engineering Services -Construction
Control of the Massachusetts State Building Code, I, Gregory P. Smith Registration No. 8688 being a
Registered /Architect, HEREBY CERTIFY that I have prepared or directly supervised the
preparation of all design plans, computations and specifications concerning:
Entire Project Architectural XXXX Structural Mechanical
Fire Protection Electrical Other (specify)
FOR THE ABOVE-NAMED PROJECT, AND THAT SUCH PLANS, COMPUTATIONS AND SPECIFICATIONS
MEET THE APPLICABLE PROVISIONS OF THE 780 CMR MASSACHUSETTS STATE BUILDING CODE, ALL
ACCEPTABLE ENGINEERING PRACTICES AND APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED
USE AND OCCUPANCY.
I FURTHER CERTIFY THAT I HAVE PERFORMED THE NECESSARY PROFESSIONAL SERVICES AND EITHER
MY REPRESENTATIVE OR I HAVE BEEN PRESENT ON THE CONSTRUCTION SITE ON A REGULAR AND
PERIODIC BASIS TO DETERMINE THAT THE WORK HAS PROCEEDED IN ACCORDANCE WITH THE
DOCUMENTS SUBMITTED FOR THE BUILDING PERMIT, AND SHALL BE RESPONSIBLE FOR THE
FOLLOWING AS SPECIFIED IN SECTION 116.2.2
1. Review for conformance to the design concept, shop drawings, samples and other submittals which are
submitted by the contractor in accordance with the requirements of the construction documents.
2. Review and approval of the quality control procedures for all code -required controlled materials.
3. Be present at intervals appropriate to the state of construction to become generally familiar with the
progress and quality of the work and to determine, in general, if the work is being performed in a
manner consistent with the construction documents.
I AM SUBMITTING THIS FINAL REPORT AS TO THE SATISFACTORY COMPLETION AND READINESS OF THE
PROJECT FOR OCCUPANCY.
Subject to the final elevator inspection at the Southeast entrance, the demising of the space is substantially
complete. This does not include the Tenant Fit -up Area, this is to be provided by a separate Architect, and a
separate Affidavit provided.
EOARcy�
Signature and Stamp (no facsimile)
QFGQ�GORY P. ski lF��
NO, 8688
o NORTH ANDOVER,
?� MA. c'v
SUBSCRIBED AND SWORN TO BEFORE ME THIS a3Pd DAY OF TA mo,
G✓ge41c, MY COMMISSION EXP. �U WARY PUBLIC
NOTARY PUBLIC THOFWSUCHusETTs
. *, ;, AU9.7.2009
ARCHITECTURAL FINAL AFFIDAVIT
To the Building Commissioner:
I certify that I, or my authorized representative, have inspected the work associated with
permit # 299, locus 1600 Osgood Street North Andover, MA, (on the date used below
or on at least _8_occasions during construction), and that to the best of my knowledge,
information, and belief the work has been done in accordance with the permit and plans
approved by the Inspection Department and with the provisions of the Massachusetts
State Building Code and all other pertinent laws and ordinances.
Inspection Date:
25 January, 2008
7997
Architect -Mass. Reg. No.
Nunes Trabucco Architects
Company
315A Chestnut Street, Needham, MA 2492
Address
781-455-9980
Telephone
Then personally appeared the above named Lucio Trabucco and made oath that the
above statement by him is true.
f.�......
f LISA MARIE JOHNSTON
NOTARY PUBLIC
COMMONWEALTH OF MASSACHUSETTS
MY COMMISSION EXPIRES 06109011
11N�I M►�MI«
Before me,
My commission expires
CROSSFIELD ENGINEERING, INC.
921 SALEM STREET, GROVELAND, MA 01834 978-372-8880 FAX 978-372-8889
ELECTRICAL FINAL AFFIDAVIT
To the Inspectional Services Commissioner:
1 certify that 1, or my authorized representative, has periodically inspected the Construction Phase work
associated with
Laser Craze
1600 Osgood Street
North Andover, MA
To the best of my knowledge, information and belief the work has been completed in conformance with the
permit and plans approved by the Inspectional Services Department and with the provisions of the
Massachusetts State Building Code and all other pertinent laws and ordinances.
George W. Hale, P.E. Reg. #24090
ENGINEER —MASS. REG. NO.
AH OF pf4jp
E4RGE Crossfield Engineering, Inc.
G�
W. r'.� � COMPANY
v HALE v ,
No. 24096.9. ` l � 921 Salem Street, Groveland, MA
lSTER:ADDRESS
FSS/pNAI��
(978) 372-8880 Fax (978) 372-8889
PHONE
20 O
Then personall a peared the above-named
an'j road oath that the above statement by him is true.
Before me,
My Commission expires
JENNIFER RICE
NOTARY PUP! IC
My Cemm. Expires War. 3, 26411
096-06
1-23-07
CROSSFIELD ENGINEERING, INC.
921 SALEM STREET, GROVELAND, MA 01834 978.-372-8880 FAX 978-372-8889
MECHANICAL FINAL AFFIDAVIT
To the Inspectional Services Commissioner:
I certify that I, or my authorized representative, has periodically inspected the Construction Phase work
associated with
Laser Craze
1600 Osgood Street
North Andover, MA
To the best of my knowledge, information and belief the work has been completed in conformance with the
permit and plans approved by the Inspectional Services Department and with the provisions of the
Massachusetts State Building Code 6`h Edition and all other pertinent laws and ordinances.
ti OF MgR.
ss�
ALLAIN
d c,
m U
4 � lid
NAl- �t
I- — -L 1) 200�
Allan R. Morris, P.E. Reg. #13505
ENGINEER — MASS. REG. NO.
Crossfield Engineering, Inc.
COMPANY
921 Salem Street, Groveland, MA
ADDRESS
(978) 372-8880 Fax (978) 372-8889
PHONE
Then personally a geared the above-named
and made oath that' -the above s atement by him is true.
Before me,
My Co mission expires
JENNIFER RICE
NOTARY PUS -11C
My C, -mm. Expires Mar. 3, 2011
096-06
1-23-07
CROSSFIELD ENGINEERING, INC.
921 SALEM STREET, GROVELAND, MA 01834 978-372-8880 FAX 978-372-8889
FIRE PROTECTION FINAL AFFIDAVIT
To the Inspectional Services Commissioner:
I certify that I, or my authorized representative, has periodically inspected the Construction Phase work
associated with
Laser Craze
1600 Osgood Street
North Andover, MA
To the best of my knowledge, information and belief the work has been completed in conformance with the
permit and plans approved by the Inspectional Services Department and with the provisions of the
Massachusetts State Building Code 6th Edition and all other pertinent laws and ordinances.
KA "S
Allan R. Morris, P.E. Reg. #13505
N 0�M,
ENGINEER—MASS. REG. NO.
ALU-tN
C: -;
Crossfield Engineering, Inc.
COMPANY
`t�505 6 Ea
�
e
65 Central Street, Georgetown, MA
STEF�E�
ADDRESS
(978)352-6207 Fax (978)352-7362
PHONE
Date i , jj�8
Then personally appeared the above-named A/1 ��1 L'A ,/14 t
And made oath that the above statement by him�e.
096-06
1-23-07
Before me,
My Commission expires:
20
JENNIFER R1�E r
NOTARY pVe`1G
My C`mm• Expires Mar. 3, 2011
CROSSFIELD ENGINEERING, INC.
921 SALEM STREET, GROVELAND, MA 01834 978-372-8880 FAX 978-372-8889
PLUMBING FINAL AFFIDAVIT
To the Inspectional Services Commissioner:
I certify that I, or my authorized representative, has periodically inspected the Construction Phase work
associated with
Laser Craze
1600 Osgood Street
North Andover, MA
To the best of my knowledge, information and belief the work has been completed in conformance with the
permit and plans approved by the Inspectional Services Department and with the provisions of the
Massachusetts State Building Code 6t' Edition and all other pertinent laws and ordinances.
r'
/ lG O
--1� 20_
Allan R. Morris, P.E. Reg. #13505
ENGINEER —MASS. REG. NO.
Crossfield Engineering, Inc.
COMPANY
921 Salem Street, Groveland, MA
ADDRESS
(978) 372-8880 Fax (978) 372-8889
PHONE
Then personally appeared the above-named
M� f�&�DL 0VJL`
and made oath that the above statement by him is true.
Before me,
My Commission expires
JENNIFER RICE
NOTARY Puoo IC
My Cemm. Expires Mar. 3,20-11
096-06
1-23-07
FINAL CONSTRUCTION CONTROL COMPLETION
PROJECT LOCATION: 1600 Osgood Street — North Andover, MA
NAME OF PROJECT: LaserCraze Mezzanine Construction Control
PROJECT NO: D1898
SCOPE OF PROJECT: Construction Control Onlv for Installed Mezzanine
I Robert K. Daigle, of Daigle Engineers, Inc. submit that our office has performed the following professional ser-
vices as related to the structural portions of the work:
1. To familiarize ourselves with the project, we reviewed the construction documents sealed by licensed Massa-
chusetts structural engineer Daryl E. Radcliffe (No. 40334) listed below as submitted to us by the owner and
engineer of record.
Drawing "S1.0" dated 03-10-07
13 Drawing "S1.1" dated 03-10-07
13 TKF Engineer letter dated 1/25/08 (and attached 4 sketches)
13 TKF Engineer letter dated 1/29/08 (and attached 3 sketches)
2. Viewed the work on 1/23/08, 1/31/08, and 2/1/08 to determine to the extent practical and possible that the
work had been performed in a manner consistent with the structural construction documents.
To the best of our information, know
tial compliance with the intent of*tbk
and belief, the structural work has been satisfactorily completed in substan-
1 atinn dnrrnmPntS
' KENNETH
DAIGLE
STRUCTURAL
No. 28583
'�F6rS7E���
Signature: 2 Z i Ov,
Massachusetts Registration N( -'l 28583
Our observations during site visi ojirr,Tgue� Whtractor or its subcontractors of their responsibilities and obligations for qual-
ity control of the work, for any de 1 s included in their scope of services (i.e. design delegation), and for full compli-
ance with the requirements of the Construction Documents and applicable building codes. Furthermore, the detection of, or the fail-
ure to detect, deficiencies or defects in the work during our site visits does not relieve the Contractor or their subcontractors of their
responsibility to correct all deficiencies or defects, whether detected or undetected, in all parts of the work, and to otherwise comply
with all requirements of the Construction Documents.
NOTARY STATEMENT:
Subscribed and sworn to before me this / 5f� day o
r -
IF 11 MONACO ff, MAIMAW,
10 [0 K-1111rd a
MOJ1011 &4
MY COMMISSION EXPIRES ON
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CERTIFICATE OF USE & OCCUPANCY
TOWN OF NORTH ANDOVER
Building Permit Number 73 ,8/4/06 Date: February 5, 2007
THIS CERTIFIES THAT
THE BUILDING LOCATED ON 1600 Osgood St - Ozzy Properties
MAY BE OCCUPIED AS Tenant Fit Up — Boiler Project IN
ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING
CODE AND SUCH OTHER REGULATIONS AS MAY APPLY.
Certificate Issued to: Om Properties
1600 Osgood Street
North Andover MA 01845
Building Inspector
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North Andover eeting
September t206
LaserCraze Business Narrative:
LaserCraze is proposing to locate its first-class family recreational center in
approximately 16,000 square feet of industrial space in the former Lucent Technologies
complex at 1600 Osgood Street. The goal of the company will be to provide clean, safe,
fun family entertainment to the residents of North Andover and the surrounding
communities. The primary business of LaserCraze is laser tag for kids between the ages
of four and sixteen. Additional revenue will be generated through birthday parties, walk-
in traffic, high school, and college oriented group functions, and corporate group
functions. This will be the third facility of its kind started, owned, and operated by its
owner and general manager, Gregory Hughes. Greg's previous business, LazerZone, has
locations in Marlboro and Randolph, Massachusetts. The Randolph location opened in
1998 and the Marlboro location opened in 2001.
LaserWorks' primary entertainment attraction is laser tag. The game of laser tag is a
futuristic form of tag played in a 5,100 square foot black lit room geared to kids as young
as six years of age through adults. In addition to laser tag, the facility will include a
three-level playground maze with a "bounce house" geared to kids four to ten years old.
There will also be a video and skill game arcade which will include thirty coin-operated
games, a simple snack bar which serves fresh baked pizza, and a large multi-purpose
function area.
The business proposes to be open six days per week and expects to do 85% of its
business on Saturdays and Sundays. The proposed hours of operations are as follows:
• Monday:
• Tuesday thru Thursday:
• Friday:
• Saturday:
• Sunday
Closed
10:30am to 9:OOpm
10:30am to 12 midnight
10am to 12 midnight
10am to 7pm
Safety of our customers and staff is the number one priority at all times. The structures
that make up the play areas and lasertag arena are constructed of Class A fire rated
materials. The entire facility will be fully sprinklered and will contain sufficient
emergency exits and handicap accessibility per the Town Code. Over the eight years of
operation at the Randolph LazerZone facility and six years of operation at the
Marlborough facility, both operations have established a record of safe operations.
The facility will have a very similar footprint to the Marlborough-LazerZone facility and
will have a floor plan in direct proportion to the attached floor plan.
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North Andover Board of Health Regulations for Body Art Establishments
Sections:
1. Authorization and Rationale
2. Definitions
3. Exemptions
4. Restrictions
5. Operation of Body Art Establishments
6. Standards of Practice
7. Injury Reports
8. Complaints
9. Application for Body Art Establishment Permit
10. Application for Body Art Practitioner Permit
11. Grounds for Denial of Permit, Revocation of Permit or Refusal to Renew Permit
12. Grounds for Suspension of Permit
13. Procedure for Hearings
14. Unauthorized Practice of Body Art
15. Severability
1. Authorization and Rationale
Pursuant to the provisions of Chapter 111, Section 31 of the General Laws of the
Commonwealth of Massachusetts, the North Andover Board of Health adopted these
regulations on the 25th day of August 2005, to be effective immediately.
The North Andover Board of Health finds it necessary to license the practice of body arts,
which is becoming prevalent and popular throughout the Commonwealth, in order to
protect the public health by preventing the transmission of disease or occurrence of
injury. These regulations provide for, but are not limited to, minimum performance
standards for the training and education of body artists, performance of appropriate
sanitation and hygiene procedures, following universal precautions, and assuring clean
maintenance of establishment premises.
2. Definitions
Aftercare means written instructions given to the client, specific to the body art
procedure(s) rendered, about caring for the body art and surrounding area, including
information about when to seek medical treatment, if necessary.
Applicant means any person who applies to the Board of Health for either a body art
establishment permit or practitioner permit.
Autoclave means an apparatus for sterilization utilizing steam pressure at a specific
temperature over a period of time.
Autoclaving means a process which results in the destruction of all forms of microbial
life, including highly resistant spores, by the use of an autoclave for a minimum of thirty
minutes at 20 pounds of pressure (PSI) at a temperature of 270 degrees Fahrenheit.
Bloodborne Pathogens Standard means OSHA Guidelines contained in 29 CFR
1910.1030, entitled "Occupational Exposure to Bloodborne Pathogens."
Board of Health or Board means the Board of Health that has jurisdiction in the
community in which a body art establishment is located including the Board or officer
having like powers and duties in towns where there is no Board of Health.
Bodymeans the practice of physical body adornment by permitted establishments
and practitioners using, but not limited to, the following techniques: body piercing,
tattooing, cosmetic tattooing, branding, and scarification. This definition does not include
practices that are considered medical procedures by the Board of Registration in
Medicine, such as implants under the skin, which are prohibited.
Body Art Establishment or establishment means a location, place, or business that has
been granted a permit by the Board, whether public or private, where thepractices of
body art are performed, whether or not for profit.
Body Art Practitioner or practitioner means a specifically identified individual who has
been granted a permit by the Board to perform body art in an establishment that•has
been granted a permit by the Board.
Body Piercing means puncturing or penetrating the skin of a client with presterilized
single-use needles and the insertion of presterilized jewelry or other adornment into the
opening. This definition excludes piercing of the earlobe with a presterilized single-use
stud-and-clasp system manufactured exclusively for ear-piercing.
Branding means inducing a pattern of scar tissue by use of a heated material (usually
metal) to the skin, making a serious burn, which eventually becomes a scar.
Client means a member of the public who requests a body art procedure at a body art
establishment.
Contaminated Waste means waste as defined in 105 CMR 480.000: Storage and
Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State
Sanitary Code, Chapter VIII.
Critical Items — those aspects of a procedure which, if violated, constitute an imminent hazard to
health and/or safety.
Critical violation — one or more of the following findings: autoclave not in proper working order
or in proper use, lack of a monthly spore test properly recorded, non-disposable instruments
and/or equipment improperly sterilized or stored, reuse of single-use articles, improper hazardous
waste disposal methods, improper operator scrub technique before and after a procedure,
improper glove technique during a procedure, no hepatitis vaccination program in place.
Department means the Department of Public Health or its authorized representatives.
Disinfectant means a product registered as a disinfectant by the U.S. Environmental
Protection Agency (EPA).
Disinfection means the destruction of disease-causing microorganisms on inanimate
objects or surfaces, thereby rendering these objects safe for use or handling.
Eariep rcing means the puncturing of the lobe of the ear with a presterilized single-use
stud-and-clasp ear-piercing system following the manufacturer's instructions.
Equipment means all machinery, including fixtures, containers, vessels, tools, devices,
implements, furniture, display and storage areas, sinks, and all other apparatus and
appurtenances used in connection with the operation of a body art establishment.
Hand Sink means a lavatory equipped with hot and cold running water under pressure,
used solely for washing hands, arms, or other portions of the body.
Hot water means water that attains and maintains a temperature 110°-130°F.
Instruments Used for Body Art means hand pieces, needles, needle bars, and other
instruments that may come in contact with a client's body or may be exposed to bodily
fluids during any body art procedure.
Invasive means entry into the client's body either by incision or insertion of any
instruments into or through the skin or mucosa, or by any other means intended to
puncture, break, or otherwise compromise the skin or mucosa.
Jewelry means any ornament inserted into a newly pierced area, which must be made of
surgical implant -grade stainless steel; solid l4k or 18k white or yellow gold, niobium,
titanium, or platinum; or a dense, low -porosity plastic, which is free of nicks, scratches,
or irregular surfaces and has been properly sterilized prior to use.
Minor means any person under the age of eighteen (18) years.
Operator means any person who individually, or jointly or severally with others, owns,
or controls an establishment, but is not a body art practitioner.
Permit means Board approval in writing to either (1) operate a body art establishment
or (2) operate as a body art practitioner within a body art establishment. Board
approval shall be granted solely for the practice of body art pursuant to these
regulations. Said permit is exclusive of the establishment's compliance with other
licensing or permitting requirements that may exist within community or political
subdivision comprising the Board's jurisdiction.
Person means an individual, any form of business or social organization or any other
non-governmental legal entity, including but not limited to corporations, partnerships,
limited -liability companies, associations, trusts or unincorporated organizations.
Physician means an individual licensed as a qualified physician by the Board of
Registration in Medicine pursuant to M.G.L. c. 112 § 2.
Procedure surface means any surface of an inanimate object that contacts the client's
unclothed body during a body art procedure, skin preparation of the area adjacent to
and including the body art procedure, or any associated work area which may require
sanitizing.
Sanitary means clean and free of agents of infection or disease.
Sanitize means the application of a U.S. EPA registered sanitizer on a cleaned surface in
accordance with the label instructions.
Scarification means altering skin texture by cutting the skin and controlling the body's
healing process in order to produce wounds, which result in permanently raised wheals
or bumps known as keloids.
Shams means any object, sterile or contaminated, that may intentionally or accidentally
cut or penetrate the skin or mucosa, including, but not limited to, needle devices,
lancets, scalpel blades, razor blades, and broken glass.
Sharps Container means a puncture -resistant, leak -proof container that can be closed
for handling, storage, transportation, and disposal and that is labeled with the
International Biohazard Symbol.
Single Use Items 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 balls, tissues or paper products, paper or plastic cups, gauze and sanitary
coverings, razors, piercing needles, scalpel blades, stencils, ink cups, and protective
gloves.
Sterilize means the use of a physical or chemical procedure to destroy all microbial life
including highly resistant bacterial endospores.
Tattoo means the indelible mark, figure or decorative design introduced by insertion of
dyes or pigments into or under the subcutaneous portion of the skin.
Tattooing means any method of placing ink or other pigment into or under the skin or
mucosa by the aid of needles or any other instrument used to puncture the skin, resulting
in permanent coloration of the skin or mucosa. This term includes all forms of cosmetic
tattooing.
Ultrasonic Cleaning_Unit means a unit physically. large enough to fully submerge
instruments in liquid, which removes all foreign matter from the instruments by means of
high frequency oscillations transmitted through the contained liquid.
Universal Precautions means a set of guidelines and controls, published by the Centers
for Disease Control and Prevention (CDC), as "Guidelines for Prevention of
Transmission of Human Immunodeficiency Virus (HIV) and Hepatitis B Virus (HBV) to
Health -Care and Public -Safety Workers" in Morbidity and Mortality Weekly Report)
(MMWR), June 23, 1989, Vol.38 No. S-6, and as "Recommendations for Preventing
Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients
During Exposure -Prone Invasive Procedures" in MMWR, July 12, 1991, Vo1.40, No.
RR -8. This method of infection control requires the employer and the employee to
assume that all human blood and specified human body fluids are infectious for HIV,
HBV, and other blood pathogens. Precautions include hand washing; gloving; personal
protective equipment; injury prevention; and proper handling and disposal of needles,
other sharp instruments, and blood and body fluid -contaminated products.
3. Exemptions
(A) Physicians licensed in accordance with M.G.L. c. 112 § 2 who perform body
art procedures as part of patient treatment are exempt from these regulations.
(B) Individuals who pierce only the lobe of the ear with a presterilized single -use
stud -and -clasp ear -piercing system are exempt from these regulations.
4. Restrictions
(A) No tattooing, piercing of genitalia, branding or scarification shall be performed
on a person under the age of 18.
(B) Body piercing, other than piercing the genitalia, may be performed on a person
under the age of 18 provided that the person is accompanied by a properly
identified parent, legal custodial parent or legal guardian who has signed a form
consenting to such procedure.
(C) No body art of any kind shall be performed upon an animal.
(D) The following body piercings are hereby prohibited: piercing of the uvula;
piercing of the tracheal area; piercing of the neck; piercing of the ankle; piercing
between the ribs or vertebrae; piercing of the web area of the hand or foot;
piercing of the lingual frenum (tongue web); piercing of the clitoris; any
form of chest or deep muscle piercings, excluding the nipple; piercing of the
anus; piercing of an eyelid, whether top or bottom; piercing of the gums;
piercing or skewering of a testicle; so-called "deep" piercing of the penis —
meaning piercing through the shaft of the penis, or "trans -penis" piercing in
any area from the corona glandis to the pubic bone; so called "deep" piercing
of the scrotum — meaning piercing through the scrotum, or "trans -scrotal"
piercing; and finally so called "deep" piercing of the vagina.
(E) The following practices are hereby prohibited unless performed in a medical
facility by a medical doctor licensed by the Commonwealth of Massachusetts:
tongue splitting; braiding; three dimensional/beading/implementation; tooth
filing/fracturing/removal/tattooing; cartilage modification; amputation; genital
modification; introduction of saline or other liquids into the body.
(F) No person other than a licensed physician, dentist, or doctor of osteopathy shall
employ the use of a federally controlled substance, including topical, oral,
parenteral or inhaled anesthetics while providing body arts procedures. Topical
anesthetics that are licensed for sale over-the-counter use may be used at the
discretion of the practitioner for the desensitization of the skin as long as the
manufacturer's directions are followed carefully
(G) No person shall perform a body arts procedure in the presence of evidence of
unhealthy conditions in the area of the body to receive the procedure.
(H)No person may perform a body arts procedure in the presence of any critical
violation as defined herein.
(I) Patrons who admit to or are obviously under the influence of alcohol or other
judgment altering drugs shall not be given a body art procedure.
(J) Body art practitioners shall not be under the influence of alcohol or any other
substance, legal or illegal, which might impair their judgment or ability to
properly perform body art.
(K)No person shall perform their own body art procedures.
(L) Violation of any of these restrictions shall result in the suspension or revocation
the practitioner's license and/or the establishment's permit, and shall cause the violator to
be subject to additional penalties and fines as defined in this document or as determined
by the Board. Repeated violations (three or more) shall result in permanent revocation of
licenses and/or permits.
5. Operation of Body Art Establishments
Unless otherwise ordered or approved by the Board, each body art establishment
shall be constructed, operated and maintained to meet the following minimum
requirements:
(A) Physical Plant
(1) Walls, floors, ceilings, and procedure surfaces shall be smooth (floors may
have short nap commercial carpet), free of open holes or cracks, light-colored,
washable, and in good repair. Walls, floors, and ceilings shall be maintained in a
clean condition. All procedure surfaces, including client chairs/benches, shall be
of such construction as to be easily cleaned and sanitized after each client.
(2) Solid partitions or walls extending from floor to ceiling shall separate the
establishment's space from any other room used for human habitation,
any food establishment or room where food is prepared, any hair salon,
any retail sales, or any other such activity that may cause potential
contamination of work surfaces.
(3) The establishment shall take all measures necessary to ensure against
the presence or breeding of insects, vermin, and rodents within the
establishment.
(4) Each body art station shall have a minimum of 45 square feet of floor
space for each practitioner. Each establishment shall have an area that
may be screened from public view for clients requesting privacy.
Multiple body art stations shall be separated by a dividers or partition at
a minimum.
(5) The establishment shall be well ventilated and provided with an artificial
light source equivalent to at least 20 foot candles 3 feet off the floor,
except that at least 100 foot candles shall be provided at the level
where the body art procedure is being performed, and where
instruments and sharps are assembled.
(6) A separate, readily accessible hand sink with hot and cold running
water under pressure, preferably equipped with wrist- or foot -operated
controls and supplied with liquid soap, and disposable paper towels
stored in fixed dispensers shall be readily accessible within the
establishment. Each operator area shall have a hand sink.
(7) There shall be a minimum of one toilet room containing a toilet and sink.
The toilet room shall be provided with toilet paper, liquid hand soap and
paper towels stored in a fixed dispenser.
(8) At least one covered, foot operated waste receptacle shall be provided
in each operator area and each toilet room. Receptacles in the operator
area shall be emptied daily. Solid waste shall be stored in covered,
leak proof, rodent -resistant containers and shall be removed from the
premises at least weekly.
(9) At least one janitorial sink shall be provided in each body art
establishment for use in cleaning the establishment and proper disposal
of non -contaminated liquid wastes in accordance with all applicable
Federal, state and local laws. Said sink shall be of adequate size
equipped with hot and cold running water under pressure and permit the
cleaning of the establishment and any equipment used for cleaning.
(10) All instruments and supplies shall be stored in clean, dry, and covered
containers. Containers shall be kept in a secure area specifically
dedicated to the storage of all instruments and supplies.
(11) The establishment shall have a cleaning area. Every cleaning area shall
have an area for the placement of an autoclave or other sterilization unit
located or positioned a minimum of 36 inches from the required
ultrasonic cleaning unit.
(12) The establishment shall have a customer waiting area, exclusive and
separate from any workstation, instrument storage area, cleaning area
or any other area in the body art establishment used for body art
activity.
(13) No animals of any kind shall be allowed in a body art establishment
except service animals used by persons with disabilities (e.g., seeing
eye dogs). Fish aquariums shall be allowed in waiting rooms and
nonprocedural areas.
(14) Smoking, eating, or drinking is prohibited in the area where body art is
performed, with the exception of fluids being offered to a client during
or after a body art procedure.
(B) Requirements for Single Use Items Including Inks, Dyes and Pigments
(1) Single -use items shall not be used on more than one client for any
reason. After use, all single -use sharps shall be immediately disposed of
in approved sharps containers pursuant to 105 CMR 480.000.
(2) All products applied to the skin, such as but not limited to body art
stencils, applicators, gauze and razors, shall be single use and
disposable.
(3) Hollow bore needles or needles with a cannula shall not be reused.
(4) All inks, dyes, pigments, solid core needles, and equipment shall be
specifically manufactured for performing body art procedures and shall
be used according to manufacturer's instructions.
(5) Inks, dyes or pigments may be mixed and may only be diluted with distilled or
sterile water. Immediately before a tattoo is applied, the quantity of the dye to be
used shall be transferred from the dye bottle and placed into single -use paper cups
or plastic caps. Upon completion of the tattoo, these single -use cups or caps and
their contents shall be discarded.
(C) Sanitation and Sterilization Measures and Procedures
(1) All non -disposable instruments used for body art, including all reusable
solid core needles, pins and stylets, shall be cleaned thoroughly after
each use by scrubbing with an appropriate soap or disinfectant solution
and hot water, (to remove blood and tissue residue), and shall be
placed in an ultrasonic unit operated in accordance with manufacturer's
instructions.
(2) After being cleaned, all non -disposable instruments used for body art
shall be packed individually in sterilizer packs and subsequently
sterilized in a steam autoclave. All sterilizer packs shall contain either a
sterilizer indicator or internal temperature indicator. Sterilizer packs
must be dated with an expiration date not to exceed six (6) months.
(3) The autoclave shall be used, cleaned, and maintained according to
manufacturer's instruction. A copy of the manufacturer's recommended
procedures for the operation of the autoclave must be available for
inspection by the Board. Autoclaves shall be located away from
workstations or areas frequented by the public.
(4) Each holder of a permit to operate a body art establishment shall
demonstrate that the autoclave used is capable of attaining sterilization
by monthly spore destruction tests. These tests shall be verified through
an independent laboratory. The permit shall not be issued or renewed
until documentation of the autoclave's ability to destroy spores is
received by the Board. These test records shall be retained by the
operator for a period of three (3) years and made available to the
Board upon request.
(5) All instruments used for body art procedures shall remain stored in
sterile packages until just prior to the performance of a body art
procedure. After sterilization, the instruments used in body art
procedures shall be stored in a dry, clean cabinet or other tightly
covered container reserved for the storage of such instruments.
(6) Sterile instruments may not be used if the package has been breached
or after the expiration date without first repackaging and resterilizing.
(7) If the body art establishment uses only sterile single -use, disposable
instruments and products, and uses sterile supplies, an autoclave shall
not be required.
(8) When assembling instruments used for body art procedures, the
operator shall wear disposable medical gloves and use medically
recognized techniques to ensure that the instruments and gloves are not
contaminated.
(9) Reusable cloth items shall be mechanically washed with detergent and
dried after each use. The cloth items shall be stored in a dry, clean
environment until used.
(D) Posting Requirements
The following shall be prominently displayed:
(1) A Disclosure Statement, a model of which is available from the Massachusetts
Department of Public Health. A Disclosure Statement shall also be given to each
client, advising him/her of the risks and possible consequences of body art
procedures.
(2) The address and phone number of the North Andover Board of Health, which
has jurisdiction and the procedure for filing a complaint.
(3) An Emergency Plan, including:
(a) a plan for the purpose of contacting police, fire or emergency
medical services in the event of an emergency;
(b) a telephone in good working order shall be easily available and
accessible to all employees and clients during all hours of operation;
(c) a sign at or adjacent to the telephone indicating the correct
emergency telephone numbers.
(4) An occupancy and use permit as issued by the local building official.
(5) A current establishment permit.
(6) Each practitioner's permit.
(E) Establishment Recordkeeping
The establishment shall maintain the following records in a secure place for a
minimum of three (3) years, and such records shall be made available to the
Board upon request:
(1) Establishment information, which shall include:
(a) establishment name;
(b) hours of operation;
(c) owner's name and address;
(d) a complete description of all body art procedures performed;
(e) an inventory of all instruments and body jewelry, all sharps, and all
inks used for any and all body art procedures, including names of
manufacturers and serial or lot numbers, if applicable. Invoices or
packing slips shall satisfy this requirement;
(f) A Material Safety Data Sheet, when available, for each ink and dye
used by the establishment; and
(g) a copy of these regulations.
(2) Employee information, which shall include:
(a) full names and exact duties;
(b) date of birth;
(c) home address;
(d) home /work phone numbers; and
(3) Client Information, which shall include:
(a) name;
(b) date of birth;
(c) address of the client;
(d) date of the procedure;
(e) name of the practitioner who performed the procedure(s);
(f) description of procedure(s) performed and the location on the
body;
(g) a signed consent form as specified by 6(D )(2); and,
(h) if the client is a person under the age of 18, proof of parental or
guardian identification, presence and consent including a copy of the
photographic identification of the parent or guardian.
(4) Client information shall be kept confidential at all times.
(F) Vaccination
The establishment shall require that all body art practitioners have either
completed, or were offered and declined, in writing, the hepatitis B vaccination
series. Records documenting compliance with this requirement shall be
provided to the Board upon request.
6. Standards of Practice
Practitioners are required to comply with the following minimum health
standards:
(A) A practitioner shall perform all body art procedures in accordance with
Universal Precautions set forth by the U.S Centers for Disease Control and
Prevention.
(B) A practitioner shall refuse service to any person who may be under the
influence of alcohol or drugs.
(C) Practitioners who use ear -piercing systems must conform to the manufacturers
directions for use, and to applicable U.S. Food and Drug Administration
requirements. No practitioner shall use an ear piercing system on any partof
the client's body other than the lobe of the ear.
(D) Health history and client informed consent. Prior to performing a body art
procedure on a client, the practitioner shall:
(1) Inform the client, verbally and in writing that the following health
conditions may increase health risks associated with receiving a body
art procedure:
(a) history of diabetes;
(b) history of hemophilia (bleeding);
(c) history of skin diseases, skin lesions, or skin sensitivities to soaps,
disinfectants etc;
(d) history of allergies or adverse reactions to pigments, dyes, or other
sensitivities;
(e) history of epilepsy, seizures, fainting, or narcolepsy;
(f) use of medications such as anticoagulants, which thin the blood
and/or interfere with blood clotting; and
(g) any other conditions such as hepatitis or HIV.
(2) Require that the client sign a form confirming that the above information
was provided, that the client does not have a condition that prevents
them from receiving body art, that the client consents to the
performance of the body art procedure and that the client has been
given the aftercare instructions as required by section 6(K).
(E) A practitioner shall maintain the highest degree of personal cleanliness,
conform to best standard hygienic practices, and wear clean clothes when
performing body art procedures. Before performing body art procedures, the
practitioner must thoroughly wash their hands in hot running water with liquid
soap, then rinse hands and dry with disposable paper towels. This shall be done as
often as necessary to remove contaminants.
(F) In performing body art procedures, a practitioner shall wear disposable single
use gloves. Gloves shall be changed if they become pierced, torn, or otherwise
contaminated by contact with any unclean surfaces or objects or by contact
with a third person. The gloves shall be discarded, at a minimum, after the
completion of each procedure on an individual client, and hands shall be washed
in accordance with section (E) before the next set of gloves is put on. Under no
circumstances shall a single pair of gloves be used on more than one person.
The use of disposable single -use gloves does not preclude or substitute for
hand washing procedures as part of a good personal hygiene program.
(G) The skin of the practitioner shall be free of rash or infection. No practitioner
affected with boils, infected wounds, open sores, abrasions, weeping
dermatological lesions or acute respiratory infection shall work in any area of a
body art establishment in any capacity in which there is a likelihood that that
person could contaminate body art equipment, supplies, or working surfaces
with body substances or pathogenic organisms.
(H) Any item or instrument used for body art that is contaminated during the
procedure shall be discarded and replaced immediately with a new disposable
item or a new sterilized instrument or item before the procedure resumes.
(I) Preparation and care of a client's skin area must comply with the following:
(1) Any skin or mucosa surface to receive a body art procedure shall be
free of rash or any visible infection.
(2) Before a body art procedure is performed, the immediate skin area and
the areas of skin surrounding where body art procedure is to be placed
shall be washed with soap and water or an approved surgical skin
preparation. If shaving is necessary, single -use disposable razors or
safety razors with single -service blades shall be used. Blades shall be
discarded after each use, and reusable holders shall be cleaned and
autoclaved after use. Following shaving, the skin and surrounding area
shall be washed with soap and water. The washing pad shall be
discarded after a single use.
(3) In the event of bleeding, all products used to stop the bleeding or to
absorb blood shall be single use, and discarded immediately after use in
appropriate covered containers, and disposed of in accordance with
105 CMR 480.000.
(J) Petroleum jellies, soaps, and other products used in the application of stencils
shall be dispensed and applied on the area to receive a body art procedure with
sterile gauze or other sterile applicator to prevent contamination of the original
container and its contents. The applicator or gauze shall be used once and then
discarded.
(K) The practitioner shall provide each client with verbal and written instructions
on the aftercare of the body art site. A copy shall be provided to the client. A
model set of aftercare instructions is available from the Massachusetts
Department of Public Health.
The written instructions shall advise the client:
(1) on the proper cleansing of the area which received the body art;
(2) to consult a health care provider for:
(a) unexpected redness, tenderness or swelling at the site of the body
art procedure;
(b) any rash;
(c) unexpected drainage at or from the site of the body art procedure; or
(d) a fever within 24 hours of the body art procedure;
(3) of the address, and phone number of the establishment.
(L) Contaminated waste shall be stored, treated and disposed in accordance with
105 CMR 480.000: Storage and Disposal of Infectious or Physically
Dangerous Medial or Biological Waster, State Sanitary Code, Chapter VIII.
7. Injury Reports
A written report of any injury, infection complication or disease as a result of a
body art procedure, or complaint of injury, infection complication or disease, shall
be forwarded by the operator to the Board which issued the permit, with a copy to
the injured client within five working days of its occurrence or knowledge
thereof. The report shall include:
(A) the name of the affected client;
(B) the name and location of the body art establishment involved;
(C) the nature of the injury, infection complication or disease;
(D) the name and address of the affected client's health care provider, if any;
(E) any other information considered relevant to the situation.
8. Complaints
(A) The Board shall investigate complaints received about an establishment or
practitioner's practices or acts, which may violate any provision of the Board's
regulations.
(B) If the Board finds that an investigation is not required because the alleged act
or practice is not in violation of the Board's regulations, then the Board shall
notify the complainant of this finding and the reasons on which it is based.
(C) If the Board finds that an investigation is required, because the alleged act or
practice may be in violation of the Board's regulations, the Board shall
investigate and if a finding is made that the act or practice is in violation of the
Board's regulations, then the Board shall apply whatever enforcement action is
appropriate to remedy the situation and shall notify the complainant of its action
in this manner.
9. Application for Body Art Establishment Permit
(A) No person may operate a body art establishment except -with a valid permit
from the Board. The Board shall set a reasonable fee for such permit.
(B) Applications for a permit shall be made on forms prescribed by and available
from the Board. An applicant shall submit all information required by the form
and accompanying instructions. The term "application" as used herein shall
include the original and renewal applications.
(C) A practitioner permit shall be valid from the date of issuance and shall
automatically expire on December 31St of each year. Applications for renewal
must be submitted at least ten (10) days prior to the expiration date unless revoked
sooner by the by the Board.
(D) The Board shall require that the applicant provide, at a minimum, the
following information in order to be issued an establishment permit:
(1) Name, address, and telephone number of:
(a) the body art establishment;
(b) the operator of the establishment; and
(c) the body art practitioner(s) working at the establishment;
(2) The manufacturer, model number, model year, and serial number,
where applicable, of the autoclave used in the establishment;
(3) A signed and dated acknowledgement that the applicant has received,
read and understood the requirements of the Board's body art
regulations;
(4) A drawing of the floor plan of the proposed establishment to scale for a
plan review by the Board, as part of the permit application process;
and,
(5) Such additional information as the Board nay reasonably require.
(E) A permit for a body art establishment shall not be transferable from one
place or person to another.
(F) Mobile body arts establishments shall not be allowed in North Andover.
10. Application for Body Art Practitioner Permit
(A) No person shall practice body art or perform any body art procedure without
first obtaining a practitioner permit from the Board. The Board shall set a
reasonable fee for such permits.
(B) A practitioner shall be a minimum of 18 years of age.
(C) A practitioner permit shall be valid from the date of issuance and shall
automatically expire on December 31" of each year. Applications for renewal
must be submitted at least ten (10) days prior to the expiration date unless revoked
sooner by the by the Board.
(D) Application for a practitioner permit shall include:
(1) name;
(2) date of birth;
(3) residence address;
(4) mailing address;
(5) phone number:
(6) place(s) of employment as a practitioner; and
(7) training and/or experience as set out in (E) below.
(E) Practitioner Training and Experience
(1) In reviewing and application for a practitioner permit, the Board may
consider experience, training and/or certification acquired in other states
that regulate body art.
(2) Training for all practitioners shall be approved by the Board and, at a
minimum, shall include the following:
(a) blood borne pathogen training program (or equivalent) which
includes infectious disease control; waste disposal; hand washing
techniques; sterilization equipment operation and methods; and
sanitization, disinfection and sterilization methods and
techniques; and
(b) First Aid and cardiopulmonary resuscitation (CPR).
Examples of courses approved by the Board include "Preventing
Disease Transmission" (American Red Cross) and "Bloodborne
Pathogen Training" (U.S. OSHA). Training/courses provided by
professional body art organizations or associations or by equipment
manufacturers may also be submitted to the Board for approval.
(3) The applicant for a body piercing practitioner permit shall provide
documentation, acceptable to the Board, that s/he completed a course
on anatomy, completed an examination on anatomy, or possesses an
equivalent combination of training and experience deemed acceptable to
the Board.
(4) The applicant for a tattoo practitioner permit shall provide
documentation, acceptable to the Board, that s/he completed a course
on skin diseases, disorders and conditions, including diabetes, or
completed an examination on skin diseases, disorders and conditions,
including diabetes, or possesses a combination of training and
experience deemed acceptable to the Board.
(F) A practitioner's permit shall be conditioned upon continued compliance with
all applicable provisions of these model regulations.
11. Grounds for Denial of Permit, Revocation of Permit, or Refusal to Renew
Permit
(A) The Board may deny a permit, revoke a permit or refuse to renew a permit on
the following grounds, each of which, in and of itself, shall constitute full and
adequate grounds for revocation or refusal to renew:
(1) any actions which would indicate that the health or safety of the public
would be at risk;
(2) fraud, deceit or misrepresentation in obtaining a permit, or its renewal;
(3) criminal conduct which the Board determines to be of such a nature as
to render the establishment, practitioner or applicant unfit to practice
body art as evidenced by criminal proceedings resulting in a conviction,
guilty plea, or plea of nolo contend ere or an admission of sufficient
facts;
(4) any present or past violation of the Board's regulations governing the
practice of body art;
(5) practicing body art while the ability to practice is impaired by alcohol,
drugs, physical disability or mental instability;
(6) being habitually drunk or being dependent on, or a habitual user of
narcotics, barbiturates, amphetamines, hallucinogens, or other drugs
having similar effects;
(7) knowingly permitting, aiding or abetting an unauthorized person to
perform activities requiring a permit;
(8) continuing to practice while his/her permit is lapsed, suspended, or
revoked; and
(9) having been disciplined in another jurisdiction in any way by the proper
permitting authority for reasons substantially the same as those set forth
in the Board's regulations.
(10) other just and sufficient cause which the Board may determine would
render the establishment, practitioner or applicant unfit to practice body
art;
(B) The Board shall notify an applicant, establishment or practitioner in writing of
any violation of the Board's regulations, for which the Board intends to deny,
revoke,; or refuse to renew a permit. The applicant, establishment or
practitioner shall have seven (7) days after receipt of such written notice in
which to comply with the Board's regulations. The Board may deny, revoke or
refuse to renew a permit, if the applicant, establishment or practitioner fails to
comply after said seven (7) days.
(C) Applicants denied a permit may reapply at any time after denial.
12. Grounds for Suspension of Permit
The Board may summarily suspend a permit pending a final hearing on the merits on the
question of revocation if, based on the evidence before it, the Board determines that an
establishment and/or a practitioner is an immediate and serious threat to the public health,
safety or welfare. The finding of a critical violation shall be an example of grounds for
suspension. The suspension of a permit shall take effect immediately upon written notice
of such suspension by the Board.
13. Procedure for Hearings
(A) Suspension of a Permit
(1) After a Board suspension of a permit, a hearing shall be initiated
pursuant to 801 CMR 1.00 et seq. (Standard Adjudicatory Rules of
Practice and Procedure), no later than twenty-one (2 1 ) calendar days
after the effective date of the suspension.
(2) Upon written request to the Board of Health, the establishment or
practitioner shall be afforded an opportunity to be heard concerning the
suspension of the permit by the Board.
(3) In cases of suspension of a permit, the hearing officer shall determine
whether the Board has proved by a preponderance of the evidence that
there existed immediately prior to or at the time of the suspension an
immediate and serious threat to the public health, safety or welfare. The
hearing officer shall issue a written decision, which contains a summary
of the testimony and evidence considered and the reasons for the
decision.
(B) Denial, Revocation, or Refusal to Renew a Permit
(1) If the Board determines that a permit shall be denied, revoked, or not
renewed pursuant to the Board's regulations, the Board shall initiate a
hearing in accordance with 801 CMR 1.00 et seq.
(2) Following the hearing, the hearing officer shall issue a written
decision that contains a summary of the testimony and evidence
considered and the reasons for the decision.
14. Unauthorized Practice of Body Art
The Board shall refer to the appropriate District Attorney, Attorney General, or other law
enforcement official any incidents of unauthorized practice of body art.
15. Severability
If any provision contained in the model regulations is deemed invalid for any reason, it
shall be severed and shall not affect the validity of the remaining provisions.
Thomas A. Trowbridge
Thomas A. Trowbridge, D.D.S., M.D.
Jonathan Markey
Jonathan Markey, Member
Chery(Barczak
Cheryl Barczak, Member/Clerk
August 25, 2005
August 25, 2005
August 25, 2005