706

706.1

The Department shall summarily suspend operations, or an operator shall immediately discontinue operations and notify the Department, whenever a body art establishment is operating with any of the following conditions:

1. (a) Extensive fire damage that affects the body art establishment's ability to comply with these regulations;
2. (b) Serious flood damage that affects the body art establishment's ability to comply with these regulations;
3. (c) Loss of electrical power to critical systems, including but not limited to lighting, heating, cooling, or ventilation controls for a period of two (2) or more hours;
4. (d) No water, or insufficient water capacity, or inadequate water pressure to any part of the body art establishment in violation of Subsection 403.1(a);
5. (e) No hot water, or an unplanned water outage, or the water supply is cut off in its entirety for a period of one (1) or more hours in violation of Subsection 403.1(b);
6. (f) Incorrect hot water temperatures that cannot be corrected during the course of the inspection in violation of Subsection 404.1;
7. (g) A plumbing system supplying potable water that may result in contamination of the potable water;
8. (h) A sewage backup or sewage that is not disposed of in an approved and sanitary manner;
9. (i) A cross-connection between the potable water and non-potable water distribution systems, including but not limited to landscape irrigation, air conditioning, heating, or fire suppression system;
10. (j) A back siphonage event;
11. (k) Toilet or handwashing facilities that are not properly designed, constructed, installed, or maintained in violation of Subsections 403, 404, and 405;

(l) Work surfaces, including but not limited to workstations, solid surfaces and objects in the procedure and decontamination areas within a body art establishment that are stained with blood or bodily fluids, or soiled; or infested with vermin; or are in an otherwise unsanitary condition;

(m) Gross insanitary occurrence or condition that may endanger public health including but not limited to an infestation of vermin; or

(n) Fails to eliminate the presence of insects, rodents, or other pests on the premises in violation of Subsection 507.3.

706.2

In addition to the imminent health hazards identified in Subsection 706.1, the Department shall summarily suspend operations if it determines through an inspection, or examination of records or other means as specified in Subsection 700.1, the existence of any other condition which endangers the public health, safety, or welfare, including but not limited to:

(a) Operating a body art establishment or performing a body art procedure without a license in violation of Subsection 600.1;

(b) Employing a body artist without a valid body artist license issued by the Mayor in violation of Subsection 600.2;

(c) Operating a body art establishment with an expired or suspended license in violation of Subsection 600.3;

(d) Employing a body artist who is performing body art procedures with an expired or suspended body artist license in violation of Subsection 600.4;

(e) Operating a body art establishment without a valid Certificate of Occupancy in violation of Subsection 600.5;

(f) Operating a body art establishment without posting required signage in violation of Subsection 607.4;

(g) Operating a body art establishment without a manager who is on duty and on the premises during all hours of operation in violation of Subsection 200.2;

(h) Operating a body art establishment without a body artist who is on duty and on the premises during all hours of operation in violation of Subsection 200.3

(i) Failing to allow access to Department representatives during the facility's

hours of operation and other reasonable times as determined by the Department; or hindering, obstructing, or in any way interfering with any inspector or authorized Department personnel in the performance of his or her duty in violation of Section 700; or

(j) Operating in violation of any provision specified in Section 708.

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