This article may be cited as the "Tanning Booth Ordinance of
the Borough of Closter."
Whereas tanning booth establishments have enjoyed a recent,
rapid growth in popularity; and whereas the operation of tanning booths
involves a serious potential hazard to the public health, welfare
and safety through the exposure of persons to concentrations of ultraviolet
light in excess of those normally occurring in the environment; and
whereas it has been established that acute overexposure to the ultraviolet
light emitted by tanning booth lamps will cause skin burns and eye
damage; and whereas it has been established that chronic exposure
to ultraviolet light can result in increased incidences of skin cancer;
now, therefore, it is the policy of the Board of Health of Closter
to protect the health, welfare, and safety of its citizens from the
potential hazards associated with the operation of tanning booth establishments
by the adoption of licensing procedures and standards to govern such
facilities.
Wherever used in this article, the following terms shall have
the following meanings:
TANNING BOOTH
Any enclosed or semi-enclosed area or room, containing one
or more ultraviolet lamps, intended for irradiation of any part of
the human body to induce skin tanning.
TANNING BOOTH ESTABLISHMENT
Any commercial enterprise or facility containing one or more
tanning booths, provided that this definition shall not include any
hospital, clinic or other medical facility wherein ultraviolet radiation
is or may be used, under the supervision of a trained medical staff,
for the diagnosis or treatment of disease.
No license to conduct, maintain or operate a tanning booth establishment
shall be granted to any person until such person has demonstrated
to the satisfaction of the Board of Health that the following requirements
have been met.
A. Each tanning booth shall have, prominently displayed on its door
or beside its entrance, a sign that states: "Danger — Ultraviolet
Radiation, Follow Instructions. As with natural sunlight, overexposure
can cause injury and sunburn; repeated exposure may cause premature
aging of skin and skin cancer. Exposure of eyes to ultraviolet light
without protective eyewear may cause serious injury to eyes. Medications
or cosmetics applied to the skin may increase over sensitivity to
ultraviolet light, as may a family history of skin problems or allergy
to sunlight. Consult a physician before using this booth if you are
taking any medications or if you believe yourself sensitive to sunlight."
B. Each tanning booth shall be equipped with handrails, floor markings
or other suitable physical aids to assure that the user maintains
the proper exposure distance from the lamps.
C. Users shall, on each visit, be provided, free of charge, with sanitary
protective eyewear that protects the user's eyes from ultraviolet
radiation but permits sufficient vision to enable the user to maintain
balance, read necessary labels or instructions and effect a quick,
safe exit from the tanning booth.
D. Each timer used to control exposure duration, whether controlled
by the user from within the tanning booth or by the operator of the
tanning booth establishment, shall be accurate to within plus or minus
10% of any selected timer interval.
E. The ambient air temperature in each tanning booth shall at no time
exceed 100° F.
F. Each tanning booth shall be sufficiently strong and rigid to resist
collapse due to the impact of a falling person. Tanning booth access
doors shall open outwardly, shall be free of locks or latches and
shall, in all other respects, be designed to facilitate safe and rapid
entrance to and exit from the booths. Tanning booth floors shall provide
adequate traction, even when wet, to allow such safe and rapid ingress
and egress.
G. Each tanning booth shall be equipped with heavy wire grids, ultraviolet
transmitting plastics or some similar physical barrier to protect
users from contact with ultraviolet lamps. Such barrier shall be sufficiently
strong and rigid to resist collapse due to the impact of a falling
person.
H. In addition to the foregoing, each tanning booth and tanning booth
establishment shall be constructed, operated and maintained in compliance
with the Closter Zoning Code, Building Code, Electrical Code and every
other ordinance of the Building Department of the Borough of Closter.
I. Each tanning booth establishment shall obtain and maintain on file
with the Board of Health of the Borough of Closter a certification
from a dermatologist approved by the Board of Health stating that
the methods for exposure determination, both as to duration and distance,
utilized by the tanning booth establishment are safe and that such
methods comply with current medical standards.
J. Each tanning booth establishment and the equipment used therein shall
comply with the regulations promulgated by the United States Food
and Drug Administration and published in Volume 21 of the Code of
Federal Regulations at 1002.61(a)(4) and 1040.20.
K. When tanning equipment is in use, an attendant must be present at
all times to ensure its safety. This attendant must be versed in the
proper use and operation as well as the recommended exposure time
of the tanning equipment.
Every applicant for whom a license is granted, as required by
the provisions of this article, shall pay to the Board of Health an
annual license fee for the same in the amount of $150 for initial
license and renewal license of $100.
All licenses and permits granted under the provisions hereof
shall expire on December 31 of the year for which the same are granted,
unless suspended or revoked or unless issued for a temporary or shorter
specified period.
A license or permit may be suspended or revoked for any violation
by the holder thereof of any provisions of this article after an opportunity
has been afforded to said holder for a hearing before the Board of
Health or the Health Officer of the Borough of Closter.
Any person who violates any provision of this article, upon
conviction thereof, shall be liable to a penalty of not less than
$100 nor more than $500 for each violation. Each day a particular
violation continues shall constitute a separate offense.