Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 210 - RULES RELATING TO TATTOOING
Section 144-210-3 - SANITARY FACILITIES
Universal Citation: 10 ME Code Rules ยง 144-210-3
Current through 2024-38, September 18, 2024
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.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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