This page is a schedule to the Summary Offence Tickets Regulations, N.S. Reg. 281/2011.
View Legislative History Reference Tables for these regulations.
Schedule 48A
Safe Body Art Regulations
Offence
Section
Out of Court Settlement
1
Failing to ensure that body art facility is equipped, operated or maintained in accordance with Standards (specify)
4(3)
$410.00
2
Offering or carrying out body art services other than tattooing or piercing in mobile body art facility or temporary body art facility (specify)
6
$410.00
3
Permit holder transferring permit to another person
8(1)
$237.50
4
Operator failing to post permit in body art facility in conspicuous location
10
$237.50
5
Operator failing to immediately cease operating and close body art facility when permit is suspended or revoked
12(3)
$697.50
6
Removing notice of closure or re-opening body art facility before permit is reinstated
12(4)
$697.50
7
Operator failing to ensure body art facility meets requirements set out in Standards (specify requirement)
15(1)
$697.50
8
Failing to design and lay out body art facility to allow for facility to be appropriately maintained, cleaned and disinfected
15(2)(a)
$410.00
9
Failing to have effective controls in place to prevent cross-contamination, as detailed in Standards (specify standard)
15(2)(b)
$410.00
10
Failing to ensure that high-contact surfaces are made of smooth, non-absorbent and non-porous materials able to withstand repeated cleaning and disinfection
15(2)(c)
$410.00
11
Failing to have effective protection to prevent access and sheltering of pests
15(2)(d)
$410.00
12
Failing to have adequate lighting, electrical power or ventilation (specify) for operating facility
15(3)(a)
$410.00
13
Failing to have adequate supply of plumbed hot and cold potable water at adequate pressure and volume, with appropriate facilities to store and distribute water, control its temperature and prevent backflow
15(3)(b)
$410.00
14
Failing to have at least 1 washroom that meets criteria set out in regulations and Standards
15(3)(c)
$410.00
15
Failing to have waste disposal systems that are adequate for removing solid and liquid waste
15(3)(d)
$410.00
16
Failing to have adequate storage for clean and sterile instruments, body art products and materials
15(3)(e)
$410.00
17
Failing to have adequate storage for personal items belonging to personnel
15(3)(f)
$237.50
18
Failing to have door or window (specify) that meets requirements in regulations (specify)
15(3)(g)
$237.50
19
Failing to have waiting area that is separate from procedure area, storage area or decontamination area (specify)
15(3)(h)
$410.00
20
Failing to have walls, floors or ceilings (specify)
15(3)(k)
$410.00
21
Failing to ensure procedure area meets requirements set out in regulations (specify requirement)
15(4)
$410.00
22
Failing to ensure decontamination area meets requirements set out in regulations (specify requirement)
15(5)
$410.00
23
Failing to ensure permanent body art facility is contained in permanent building with walls, roof and floor
16(1)
$410.00
24
Operator failing to ensure permanent body art facility located in building with residential dwelling has separate entrance and washroom, and is entirely separated by solid partition from residential dwelling
16(2)
$410.00
25
Failing to ensure each door connecting permanent body art facility with any other type of establishment or any area used for human habitation is solid and equipped with self-closing mechanism
16(3)
$410.00
26
Failing to ensure body art facility has janitorial sink for emptying wastewater or written procedure for maintaining sanitation using another sink (specify)
16(4)
$410.00
27
Operator failing to ensure mobile body art facility meets all design, construction, equipment and maintenance requirements set out in regulations (specify requirement)
17(2)
$410.00
28
Failing to ensure temporary body art facility meets the requirements set out in regulations (specify requirement)
18(1)
$410.00
29
Operator failing to ensure material and services are available for each temporary body art facility in accordance with Standards (specify material or service)
18(2)
$410.00
30
Personnel failing to be clean and sanitary and have good personal hygiene
19(a)
$410.00
31
Personnel failing to refrain from behaviour or practice that risks transmitting disease or causing bodily injury during body art service
19(b)
$697.50
32
Operator or personnel failing to ensure client is provided verbal or written client awareness and after-care instructions as detailed in Standards (specify requirement)
20(1)
$237.50
33
Operator failing to ensure client awareness and after-care instructions are not misleading
20(2)
$237.50
34
Operator failing to ensure client signs client awareness form
20(3)
$237.50
35
Operator failing to keep client awareness records, as detailed in Standards (specify requirement)
20(4)
$237.50
36
Operator failing to have written exposure response plan that includes procedures on how to respond to accidental exposures set out in regulations (specify requirement)
21(1)
$237.50
37
Operator failing to keep exposure response records as detailed in Standards (specify requirement)
21(2)
$237.50
38
Operator using procedure area for purpose other than carrying out body art services
22(1)
$410.00
39
Operator failing to ensure all body art procedures are carried out in procedure area
22(2)
$697.50
40
Operator failing to ensure person in charge of premises at all times when body art services are being offered or carried out
23(1)
$410.00
41
Operator failing to have written infection prevention plan that complies with requirements determined by Administrator and that includes practices and procedures required by regulations
24(1)
$410.00
42
Failing to design infection prevention plan to achieve requirement in regulations
24(2)
$410.00
43
Operator failing to ensure that personnel of body art facility follow infection prevention plan
24(3)
$697.50
44
Personnel failing to follow infection prevention plan (specify)
24(4)
$697.50
45
Operator or personnel failing to successfully complete infection prevention training recognized by Administrator
25(1)
$410.00
46
Operator failing to ensure that personnel is trained in facility’s infection prevention plan to extent necessary for duties they perform
25(2)
$410.00
47
Operator or personnel failing to provide confirmation that they have received infection prevention training to public health inspector when requested
25(3)
$410.00
48
Operator failing to ensure that personnel are equipped with all personal protective equipment specified in Standards (specify)
26
$410.00
49
Operator failing to ensure that instrument, piece of equipment or body art product is designed for use on humans and is appropriate for service
27(1)
$410.00
50
Operator failing to ensure that instrument, equipment or body art product is in good repair and protected from cross-contamination
27(2)
$697.50
51
Person carrying out body art service failing to ensure that instrument, piece of equipment or body art product used to carry out body art service meets criteria in regulations (specify criteria)
27(3)
$697.50
52
Failing to use instruments in mobile body art facility or temporary body art facility (specify) specified in Standards and purchased as disposable, single-use and pre-sterilized (specify)
28(1)
$697.50
53
Operator failing to keep sterilization certificate on premises of mobile body art facility or temporary body art facility (specify) for each disposable, single-use, pre-sterilized instrument at facility
28(2)
$237.50
54
Operator failing to demonstrate to administrator or public health inspector that reusable instrument in use meets requirements of regulations (specify requirement)
28(3)
$410.00
55
Operator or personnel failing to ensure reusable instrument or equipment is cleaned and disinfected or cleaned and sterilized after each use and between clients
29(a)
$697.50
56
Operator or personnel failing to ensure instrument intended to break skin or come in contact with broken skin remains sterile until point of use
29(b)
$697.50
57
Operator or personnel failing to ensure jewelry placed in newly pierced skin is sterile, free of nicks, scratches and irregular surfaces, and made of material specified in Standards
29(c)
$697.50
58
Operator or personnel failing to ensure sharps intended to break skin or mucous membranes are purchased as disposable and single-use
29(d)
$697.50
59
Operator or personnel failing to appropriately and immediately discard after use any instrument or piece of equipment that is required to, but cannot because of its design, be cleaned and then disinfected or sterilized
29(e)(i)
$410.00
60
Operator or personnel failing to appropriately and immediately discard after use any instrument or piece of equipment specified as single-use by manufacturer
29(e)(ii)
$410.00
61
Operator or personnel failing to dispense bulk body art product so as not to contaminate bulk supply
29(f)
$410.00
62
Operator or personnel failing to cover instrument, piece of equipment or high-contact surface used in carrying out body art service that cannot be submerged or sterilized, does not enter body cavity and is not intended to be single-use with disposable, impermeable protective barrier
29(g)
$410.00
63
Operator or personnel failing to reprocess instrument, equipment or high-contact surface used in carrying out body art service that cannot be submerged or sterilized, does not enter body cavity and is not intended to be single-use after protective barrier has been discarded as detailed in Standards
29(g)
$410.00
64
Operator or personnel failing to keep manufacturer’s operational instructions, manuals and operating procedures for mechanical equipment used for cleaning and sterilizing instruments at body art facility
29(h)
$410.00
65
Operator or personnel failing to provide manufacturer’s operational instructions, manuals and operating procedures for mechanical equipment used for cleaning and sterilizing instruments at body art facility to public health inspector when requested
29(h)
$410.00
66
Operator or personnel failing to use mechanical sterilizer that meets requirements of regulations (specify)
29(i)
$697.50
67
Operator failing to test equipment used to clean, disinfect or sterilize instruments and equipment used for body art services at body art facility and verify that it is operating effectively and as intended
30(1)
$697.50
68
Operator failing to ensure that required testing and verification for each mechanical sterilizer used at body art facility includes monitoring in accordance with Standards for physical, chemical and biological parameters
30(2)
$697.50
69
Operator failing to have written back-up plan setting out procedures to be followed if mechanical sterilizer used at body art facility fails
31
$410.00
70
Operator failing to ensure that records are kept of required testing and verification
32(1)
$237.50
71
Failing to ensure required testing and verification records include appropriate testing and verification of equipment used to clean and disinfect instruments and equipment
32(2)(a)
$237.50
72
Failing to ensure required testing and verification records include sterilization log setting out details specified in Standards of required testing and verification of sterility of mechanical sterilizer
32(2)(b)
$237.50
73
Operator failing to keep records or respecting cleaning and sterilizing of equipment specified by Standards (specify records required)
32(3)
$237.50
74
Failing to provide required records to public health inspector when requested
32(4)
$237.50
75
Operator failing to ensure that sterilization certificate for each single-use, pre-sterilized instrument used at body art facility is kept for 2 years
33(1)
$237.50
76
Failing to ensure sterilization certificate includes information required by regulations (specify information)
33(2)
$237.50
77
Failing to provide sterilization certificate to public health inspector when requested
33(3)
$237.50
78
Operator failing to ensure that record is kept for each body art facility client
34(2)
$237.50
79
Failing to ensure client record contains information required by regulations (specify information)
34(3)
$237.50
80
Operator failing to keep client record for at least 2 years after date of client’s most recent body art service
34(4)
$237.50
81
Operator failing to provide client record to public health inspector when requested
34(5)
$237.50
82
Operator failing to maintain information about personnel of body art facility as required by regulations (specify requirement)
35(1)
$237.50
83
Operator failing to provide personnel information to public health inspector when requested
35(2)
$697.50