[HISTORY: Adopted by the Borough Council
of the Borough of Caldwell 6-9-1990 by Ord. No. 1061-98. Amendments noted
where applicable.]
GENERAL REFERENCES
Barbershops and beauty parlors — See Ch. 63.
No person, firm or corporation may operate a
tanning salon or operate a tanning booth without first obtaining a
license from the Borough pursuant to the provisions of this chapter.
Each tanning booth shall have a prominently
displayed warning that states: "Danger - Ultraviolet Radiation. Following
instructions. As with natural sunlight, over-exposure can cause injury
and sunburn, repeated exposure may cause premature aging of the skin
and skin cancer. Medications or cosmetics applied to the skin may
increase over-sensitivity to ultraviolet light, as may a family history
of skin problems, allergy to sunlight or a person's tendency to get
cold sores. Consult a physician before using booth if taking any medication
or it you believe yourself sensitive to sunlight."
Each booth shall be provided with physical aids,
such as handrails or floor markings, to assure that the user is kept
at the proper exposure distance.
Timers used to control exposure duration shall
have a minimum accuracy of plus/minus 105.
Users shall, on each visit, be provided, free
of charge, sanitary eyewear that will protect eyes from ultraviolet
radiation and allow adequate vision necessary to maintain balance
or to effect a quick safe exit from the booth.
Tanning booths shall, at all times, maintain
an ambient temperature of 100° F. (38° C.) or less.
Electrical hazards in the booths shall be minimized,
and all electrical work shall conform to applicable electrical codes
and standards.
Booth design and construction shall be adequate
to resist collapse due to the impact of a falling person.
Ultraviolet lamps shall be protected with physical
barriers, such as heavy wire grids, ultraviolet transmitting plastics
or the like, sturdy enough to withstand the impact of a falling person.
Tanning booth access doors shall be designed
to facilitate rapid entrance into or exit from said booths. Doors
shall open outwardly and be free of locks or latches that prevent
the occupant from making an emergency exit or would prevent rescuers
from entering.
Each salon shall have on file with the Health
Department a written certification from the manufacturer or a Board-eligible
or -certified dermatologist stating that the exposure determination
methods used for the unit is safe, adequate and in keeping with acceptable
medical practice.
The applicant shall furnish to the Health Department
a floor plan drawn to scale, which reflects the layout and design
of all equipment and proposed facilities.
Food facilities, if proposed, require local
Health Department approval and licensure. Food and beverage vending
machines must also be licensed and approved by the Health Department.[1]
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person, firm or corporation violating any
provision of this chapter shall, upon conviction, be subject to a
fine of not to exceed $2,000, a term of imprisonment of not to exceed
90 days, a period of community service of not to exceed 90 days, or
a combination thereof.
