New Mexico Register / Volume
XXXIII, Issue 13 / July 12, 2022
This is an amendment to 16.36.3 NMAC, Sections 8 effective 7/12/2022.
16.36.3.8 REQUIREMENTS FOR ESTABLISHMENT:
A. All walls and
floors of a body art establishment shall be washable and in good repair. Walls and floors shall be maintained in a
clean condition. All surfaces, including
client chairs and benches shall be of such construction as to be easily cleaned
and sanitized after each client procedure.
All body art establishments shall be completely separated from any other
business or non-business using floor-to-ceiling walls and doors. Rooms where body art procedures occur shall
be free from debris or any safety hazards and shall not be used for storage.
B. Establishments
located within or at a private residence must meet zoning requirements. An establishment located in or at a private
residence shall meet establishment requirements as stated in 16.36.3.8 NMAC.
C. There shall be a
minimum of 40 square feet of floor space for each procedure room. Each body art establishment shall have an
area that may be screened from public view for clients requesting privacy. Multiple procedure rooms shall be separated
by clean, non-porous and washable dividers, curtains
or partitions, which shall be maintained with an EPA registered disinfectant.
D. The body art
establishment shall be well-ventilated and provided adequate artificial light.
E. No animals of
any kind shall be allowed in an establishment, except service animals used by
persons with limitations as defined in the Americans with Disabilities
Act. Aquariums are allowed, but not
within a procedure room.
F. 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 [antimicrobial] soap and disposable paper towels shall be readily
accessible within the body art establishment.
One hand sink shall serve no more than three operators. In addition, there shall be a minimum of one
lavatory, excluding any service sinks, and one toilet in a body art
establishment.
G. At least one
covered waste receptacle shall be provided in each operator area and each
toilet room. Receptacles in the operator
area shall be emptied daily and solid waste shall be removed from the premises
at least weekly. Receptacles in the
operator area shall either have a foot operated lid or a lid that can and shall
remain open during body art procedures to prevent hand contact with the
receptacle during a procedure. All
refuse containers shall be cleanable and kept clean.
H. All instruments
and supplies shall be stored in clean dry covered containers.
I. If reusable
cloth items, including but not limited to lap-cloths, are used, they shall be
mechanically washed after each client procedure. Reusable cloth items shall be mechanically
washed with detergent and dried. The
cloth items shall be stored in a clean dry environment.
J. The following
information shall be kept on file on the premises of a body art establishment
and available for inspection by the board:
(1) the
full names of all employees in the establishment and their exact duties;
(2) the
board-issued license with identification photograph;
(3) the
body art establishment name and hours of operation;
(4) the
name and address of the body art establishment owner;
(5) a
complete description of all body art performed;
(6) maintenance
of a [material] safety data sheet [(MSDS)] (SDS) file
containing pertinent information regarding products; and
(7) a
copy of the Body Art Safe Practices Act and current rules.
K. An operator
shall notify the board in writing not less than 30 days before changing the
location of a body art establishment.
The notice shall include the street address of the new location.
[16.36.3.8 NMAC -
Rp, 16.36.3.8 NMAC, 2/4/2016; A, 6/21/2018; A, 7/12/2022]