102 COMPLIANCE WITH FEDERAL AND DISTRICT LAWS

102.1 Body art establishments shall meet the following requirements:

(a) 29 CFR Part 1910 (Occupational Safety and Health Standard, Subpart Z – Toxic and Hazardous Substances);

(b) 29 CFR § 1910.1030(d) – Bloodborne Pathogen Standard;

(c) The Regulation of Body Artists and Body Art Establishments Act of 2012, effective October 23, 2012 (D.C. Law 19-0193; D.C. Official Code § 47-2809.01 (2015 Repl.));

(d) The Regulation of Body Artists and Body Art Establishments Act of 2012, effective October 23, 2012 (D.C. Law 19-0193; D.C. Official Code § 47-2853.76c, 47-2853.76d, and 47-2853.76e (2015 Repl.));

(e) The Board of Barber and Cosmetology as specified in Chapter 37 of Title 17 of the District of Columbia Municipal Regulations, as amended; and

(f) The District of Columbia’s Construction Codes Supplements of 2013, Title 12 of the District of Columbia Municipal Regulations, (61 DCR 13094; March 28, 2014 – Part 2), which consist of the following International Code Council (ICC):

(1) International Building Code (2012 edition);

(2) International Mechanical Code (2012 edition);

(3) International Plumbing Code (2012 edition);

(4) International Fire Code (2012 edition);

(5) International Existing Building Code (2012 edition); and

(6) The National Fire Protection Association (NFPA 70) National Electrical Code (2014 edition).

102.2 In enforcing the provisions of these regulations, the Department shall regulate certain aspects of a body art establishment’s physical structure; operating systems, equipment, devices, fixtures, supplies, or furnishings in use before the effective date of these regulations based on the following considerations:

(a) Whether the establishment’s physical structure; operating systems,

equipment, devices, fixtures, supplies, or furnishings used in a body art establishment, are in good repair or capable of being maintained in a hygienic condition in compliance with these regulations; or

(b) The existence of a documented agreement with the operator that the physical structure; operating systems, equipment, devices, fixtures, supplies, or furnishings used in a body art establishment will be replaced by an agreed upon date.

SOURCE: Final Rulemaking published at 64 DCR 13496 (December 29, 2017).