Current through Rules and Regulations filed through September 23, 2024
(1)
The studio and all its records shall be available for review and examination by
properly identified representatives of the Health Authority. A Body Art Studio
shall be inspected no less than twice annually.
(2) A copy of the most recent inspection
report shall be displayed in a conspicuous location within fifteen feet of the
front or primary public door and between five feet and seven feet from the
floor and in an area where it can be read at a distance of one foot away, or if
this is impractical, in an area designated by the Health Authority.
(3) Representatives of the Health Authority,
after proper identification, shall be permitted to enter any Body Art Studio or
operation at any time during business hours for the purpose of making
inspections and reviewing of pertinent records to determine compliance with
this Chapter. The permit holder is responsible for ensuring that at least one
person on site is authorized and able to provide access to all rooms,
facilities, and records of the Body Art Studio, and who can demonstrate that
there is sufficient daily oversight of employees, body artists and perform
routine monitoring of operations.
(4) Representatives of the Health Authority
who conduct inspections of Body Art Studios must complete an OSHA compliant
Bloodborne Pathogens/ Universal Precautions training, pass a written exam
developed by the Department, and comply with other training requirements
established by the Department.
(5)
Inspection results - Reporting and Scoring.
(a) Inspection results for Body Art Studios
shall be recorded on standard forms provided by the Department.
(b) The scoring system shall include a
weighted point value for each requirement in which critical items are assigned
values of five points, with non-critical violations having assigned values of
either one or two points.
(6) The rating score shall be the total of
the weighted point values for all violations subtracted from one hundred.
(a) Correction of imminent health hazards
shall be corrected immediately. Critical violations shall be corrected within
seventy-two hours, and non-critical violations within ten calendar
days.
(b) Upon declaration of an
imminent health hazard which cannot be immediately corrected, the local Health
Authority shall issue an order requiring the studio to immediately cease
operations until authorized to reopen.
(c) Considering the nature of the potential
hazard involved and the complexity of the corrective action needed, the Health
Authority may agree to or specify a longer time frame, not to exceed ten
calendar days after the inspection, for the permit holder to correct
violations.
(d) Failure to correct
these violations to the satisfaction of the Health Authority or the Department
may result in such emergency action including enforcement actions pursuant to
O.C.G.A. §
31-5-2 and
31-5-9(a).
(e) In the case of temporary Body Art
Studios, all critical violations shall be corrected immediately, or provisions
must be made to satisfy the violation until a complete correction can be made
within twenty-four hours. If critical violations are not corrected within
twenty-four hours, the studio shall immediately cease operations until
authorized to resume by the Health Authority. Upon declaration of an imminent
health hazard which cannot be immediately corrected, the Health Authority shall
issue an order requiring the studio to immediately cease operations until
authorized to reopen by the Health Authority.
(f) Follow up inspections when required will
be performed within the time or as determined by the Health
Authority.
(7) Inspection
Frequency.
(a) The Health Authority shall
conduct one or more construction inspections for newly constructed or major
structurally modified studios to verify that the Body Art Studio is constructed
and equipped in accordance with the approved plans and specifications and is in
compliance with law and this Chapter. In addition, the Health Authority may
conduct one or more preoperational inspections to verify compliance with the
construction and equipment requirements of this Chapter at the time of a change
in the permit holder of an existing Body Art Studio.
(b) An initial inspection will be conducted
in a studio prior to the body art permit being issued.
(c) To allow the permit holder of the Body
Art Studio sufficient time to fully train body artists, employees and to ensure
the studio has implemented all written procedures, the first routine inspection
will be conducted within sixty days after the opening of the studio; and it
will mark the beginning of the studio's compliance history with this Chapter.
(c) After the first routine
inspection, studios maintaining an "A" or "B" score shall be inspected based on
the minimum inspection frequency established by this Rule.
(e) Studios that receive a "C" or "U" score
will have at least one additional routine inspection added in a twelve-month
period and may have more inspections at the discretion of the Health
Authority.
(f) Follow-up
inspections may be conducted at any time at the discretion of the Health
Authority but shall be conducted within ten days after a studio receives a
grade "U".
(8) Grading
Inspections. Inspections will receive a letter grade based on the numerical
score as follows:
(a) The letter grade "A"
means that the majority of the requirements of this Chapter have been met and
is applied to a score of 90 to 100.
(b) The letter grade "B" means satisfactory
compliance and is applied to a score of 80 to 89.
(c) The letter grade "C" means marginal
compliance and is applied to a score of 70 to 79.
(d) The letter grade "U" means unsatisfactory
compliance and is applied to a score of 69 or less.
(9) Informal Follow-up Inspection. If a
follow-up inspection cannot be conducted by the Health Authority, then an
informal follow-up may be performed to confirm correction of the violations
that were cited on the routine inspection that were not corrected at the time
of the inspection. On an informal follow-up inspection, an inspection report
addendum will be completed, documenting the violations that have been
corrected. It will be noted on the addendum that this was an informal follow-up
inspection, and the studio will keep the same grade that was earned on the
previous routine inspection. The addendum will be made available by the Body
Art Studio to the public upon request.
(10) Upon the completion of an inspection,
the person in charge of the studio shall sign the inspection report form. The
Health Authority shall inform the person in charge that:
(a) The person in charge's signature shall
not necessarily indicate agreement with the findings noted on the
inspection.
(b) Refusal to sign an
acknowledgment of receipt will not affect the permit holder's obligation to
correct the violations noted in the inspection report within the time frames
specified, and the refusal to sign an acknowledgment of receipt will be noted
in the inspection report and conveyed to the Health Authority's historical
record for the Body Art Studio.
(11) Failure to make timely corrections to
the satisfaction of the Health Authority or the Department may subject the Body
Art Studio to suspension or revocation of its permit.
(12) The Health Authority may approve a
compliance schedule that extends beyond the time limits specified in this Rule
if a schedule of compliance is submitted by the permit holder and no imminent
health hazard exists or will result from allowing an extended schedule for
compliance.
(13) Voluntary Closure.
A Body Art Studio that is graded with two critical violations or is graded as a
"U" on two consecutive inspections or is graded as a "U" and does not earn at
least a grade of "C" within ten days of receiving the "U" or does not correct
requires violations within seventy-two hours (if allowed) of receiving an
inspection report may be requested to voluntarily close until all violations
are corrected.
O.C.G.A. §§
31-40-3;
31-40-6.
