[CC 1990 §14-910]
No person shall own or operate a tanning facility or provide
tanning services by ultraviolet means to a consumer, defined herein,
without a valid business license. All persons who own or operate a
tanning facility or provide tanning services, as described herein,
before the effective date of this Section shall be obligated to obtain
a valid business license and shall have a period of one hundred eighty
(180) days after the effective date of this Section to successfully
satisfy all of the requirements set forth herein. Tanning business
licenses are non-transferable. Tanning beds in residences used solely
by the immediate family do not require a license.
[CC 1990 §14-911]
As used in this Article, the following terms shall have these
prescribed meanings:
Any member of the public who is provided access to a tanning
facility for free or in exchange for a fee or other compensation or
any individual who is afforded use of a tanning facility as a condition
or benefit of membership or access.
A course of instruction approved by the Board conducted or
presented under either classroom conditions, via Internet or correspondence
course by a company employing persons possessing adequate knowledge
and experience to offer a curriculum, associated training and certification
testing pertaining to and associated with the correct use of tanning
equipment. Training shall cover ultraviolet radiation and effects
on the skin, photosensitivity, skin typing, FDA and State regulations,
eye protection and equipment and maintenance.
Any person designated by the permit holder for the facility
to assist and instruct the public in the correct operation of the
tanning facility; an operator or employee who is under the age of
eighteen (18) shall be under the immediate supervision of a licensed
cosmetologist, operator or employee who is at least eighteen (18)
years of age.
The payment or exchange of goods, services or anything of
value for use of the tanning facility or facilities.
Sun lamp products and ultraviolet lamps or any other mechanisms
used or intended to induce skin tanning through the irradiation of
any part of the living human body.
A business that contains a room or a booth open to the public
which houses ultraviolet lamps or products containing such lamps intended
for the irradiation of any part of the living human body for cosmetic
or non-medical-related purposes.
A certificate issued by an authorized provider to each person
who successfully completes and passes the tanning test following a
formal training course and is valid for four (4) years from the date
of issuance. Certificates issued by subsequently approved authorized
providers prior to the commencement of this requirement shall also
be valid.
For purposes of this Article shall be referred to as follows:
UVA (ultraviolet A) radiation: Radiation in
the wavelength between three hundred twenty (320) to four hundred
(400) nanometers (one-billionth (1,000,000,000th)).
UVB (ultraviolet B) radiation: Radiation in
the wavelength between two hundred eighty (280) to three hundred twenty
(320) nanometers (one-billionth (1,000,000,000th)).
UVC (ultraviolet C) radiation: Radiation in
the wavelength between two hundred (200) and two hundred eighty (280)
nanometers (one-billionth (1,000,000,000th)).
[CC 1990 §14-912]
All tanning facilities, as defined herein, desiring to engage
in such business in the City shall file with the Director of Finance
on or before the last day of January of each year an application for
a license for the ensuing year on such forms as may be prescribed
by the Director of Finance. Such application shall be accompanied
by a statement showing the annual gross amount of all receipts during
the preceding year. Such application shall be accompanied by the license
fee which shall be the sum of fifty cents ($0.50) per one thousand
dollars ($1,000.00) for the first (1st) one hundred fifty thousand
dollars ($150,000.00) and one dollar ($1.00) for each one thousand
dollars ($1,000.00) or fraction thereof in excess of one hundred fifty
thousand dollars ($150,000.00) during the preceding calendar year;
the minimum license fee shall be the sum of twenty-five dollars ($25.00).
[CC 1990 §14-913]
A.
No
tanning equipment shall be installed in any tanning facility unless
the equipment and facilities have been found to be in compliance with
the following standards:
1.
Each tanning bed shall be located in a separate room with a lockable
door to provide privacy;
2.
Each sun lamp product shall incorporate a timing device with multiple
timer settings adequate for the manufacturer's recommended exposure
intervals to produce the expected results;
3.
Each assembly of tanning equipment shall be equipped with a timer.
The maximum timer interval shall not exceed the manufacturer's maximum
recommend exposure time. No timer interval shall have an error exceeding
plus or minus ten percent (10%) of the maximum timer interval for
the product. Each new tanning facility shall install remote timer
controls such that clients who are tanning cannot reset the timer
from inside the tanning room/booth. All existing permit holders shall
have remote timers installed within one hundred eighty (180) days
of the effective date of this rule;
4.
Each sun lamp product shall incorporate a control on the product
to enable the user to manually terminate radiation without pulling
the electrical plug or coming in contact with the ultraviolet lamp;
5.
The permit holder shall provide protective eyewear to each consumer
for use during any use of tanning equipment. The permit holder shall
ensure that the protective eyewear required by this rule is properly
sanitized before each use, is not altered in any way and shall not
rely upon exposure to the ultraviolet radiation produced by the tanning
equipment itself to provide such sanitizing and be adequate for the
protection of the consumer's eyes;
6.
Each ultraviolet lamp contains within the sun lamp product shall
be shielded so as to not come into any contact with the user. Two
(2) one (1) piece transparent covers, top and bottom, shall be used
for this purpose and the covers shall not contain cracks or breaks
in their surfaces which pose risk of cutting or injuring a patron;
7.
Each booth-type sun lamp product shall provide a handrail for using
during operation of the tanning facility. Each tanning facility shall
have, clearly marked, the appropriate position the user is to assume
prior to operation and comply with all other applicable Statutes and
rules governing tanning equipment. Each booth must be housed in a
separate room unless the booth also incorporates a dressing area in
its design;
8.
Each sun lamp product shall prominently display the following label:
"Danger — ultraviolet radiation. Follow instructions carefully.
Do not enter without protective eyewear."
9.
Each tanning facility shall be so equipped to dissipate heat so that
the interior temperature does not exceed one hundred degrees Fahrenheit
(100°F) or thirty-four degrees Centigrade (34°C). Every tanning
room within the facility shall have a thermometer mounted at five
(5) feet above the floor. Adjacent to the thermometer shall be a sign
that states: "Patrons shall not tan if temperature is at 100 degrees
or higher! Please report excessive heat to the operator immediately."
10.
The license holder shall replace ultraviolet lamps, bulbs and filters
at such frequency or after such duration of use as may be recommended
by the manufacturer of such lamps or bulbs or filters; and these items
shall be replaced as soon as they become defective or damaged. Only
those lamps, bulbs or filters meeting the requirements of the United
States Food and Drug Administration for any particular bed may be
used in its operation and the facility must maintain the manufacturer's
recommendation on file in the facility.
[CC 1990 §14-914]
A.
Where applicable, each tanning facility shall have on duty at all times an operator trained in accordance with Section 605.517 herein in the correct operation of the facility so as to be able to inform and assist the public in its proper use. Such operation shall be stationed in the immediate vicinity of any such equipment and closely monitor the services being provided to each patron.
B.
Each
operator shall perform the following functions as a pre-condition
to access of the tanning facility to the public:
1.
The operator shall provide to each person desiring to use a tanning
facility pre-sanitized units and protective eyewear;
2.
The operator shall establish the time period for the initial exposure
and each subsequent exposure until the time as the individual has
reached their maximum radiation level;
3.
The operator shall instruct the user on the position of the safety
railing in booths and the manual switching device to terminate the
radiation in case of an emergency;
4.
The operator shall inspect the facility to ensure that the floors
are dry. Floors are to be made dry prior to each individual's use.
Non-absorbent and non-carpeted flooring or rubber or plastic mats
shall be in place where the patron enters or exits the bed. These
mats shall be sanitized after each patron's use;
5.
The operator shall post signs, immediately adjacent to each unit
of tanning equipment, warning consumers of the potential effects of
radiation on persons taking medication and the possible relationship
of radiation to skin cancer;
6.
License holder shall perform timer checks on beds with mechanical
timers every time bulbs are changed, but at least annually, and maintain
documentation of the timer checks. Timer checks are not required for
beds with digital timers.
C.
Each
assembly of tanning equipment shall be restricted for use by only
one (1) consumer at a time. No person shall be permitted in any room
where tanning equipment is operating while someone else is tanning.
D.
Each
tanning facility shall have an owner's manual for each tanning device
which is providing services to patrons.
E.
A written
report of any alleged tanning injury shall be maintained on the premises.
The report shall include:
1.
The date of alleged injury and name of the affected individual;
2.
The name, location and permit/identification number of the tanning
facility involved and the name of the operator who assisted the customer;
3.
The name of the alleged injury and duration of the tanning exposure;
4.
Name and address of the health care provider and treatment, if any;
5.
Information on the device involved, such as the manufacturer, model
number, lamp used; and
6.
A copy of the affected individual's tanning card or computerized
card information.
F.
The
most recent inspection form shall be posted in a publicly conspicuous
place adjacent to the facility's license.
G.
The
skin of each patron shall be documented on the tanning record for
each individual patron. Only certificated operators shall determine
skin type on a new patron's first (1st) visit and determine proper
tanning periods and frequency.
[CC 1990 §14-915]
A.
No
article or equipment shall be used or offered for use by a patron
unless that article has first been sanitized with a viricidally effective
product including all eyewear used by the patron.
B.
Walls,
floors and fixtures shall be sanitized and kept clean at all times
in the entire tanning facility.
C.
A clean
sanitary towel shall be provided to all patrons using tanning facility.
A closed dustproof cabinet must be provided for clean towels and linen
and a covered hamper or receptacle must be provided for all soiled
towels and linen.
D.
All
tanning facilities shall be equipped with toilet facilities and dressing
rooms. Toilet facilities shall include a water closet and handwashing
sinks, including hot and cold running water, pump soap and a paper
towel dispenser or equivalent hand-drying equipment. All toilet facilities
and dressing rooms shall be kept clean, sanitary and functional at
all times.
[CC 1990 §14-916]
Every establishment licensed to provide tanning services shall
display at its main entrance a sign of appropriate size which will
be clearly visible from the street which states "tanning facility"
or words having the same meaning, except that in the case of a tanning
facility located within a department store, health club or athletic
facility or shopping center, the sign may be displayed inside at the
entrance of the tanning facility.
[CC 1990 §14-917]
A.
Tanning
facility rooms in a residential building and being used by consumers
shall maintain a separate entrance which shall not open directly into
any part of the dwelling including the garage.
B.
Mobile
homes, motor homes, trailers or any type of recreational vehicle shall
be permanently set on a foundation and comply with the requirements
of this Section in order for their rooms to be approved for tanning
services.
[CC 1990 §14-918]
A.
The
operator of a tanning facility shall maintain a record for each individual
patron which includes dates exposed, length of exposure and other
required data. This record shall be completed and initialed by the
patron prior to each tanning session and must be kept on file for
one (1) year from the date of the patron's last exposure. The record
shall include the following:
1.
Date of most recent exposure to UVA/UVB.
2.
Acknowledgment that the patron has reviewed the photosensitive drug
list.
3.
Acknowledgment of receipt of protective eyewear.
4.
Acknowledgment that the patron has been advised of maximum exposure
time for the session in the unit to which the patron has been assigned.
5.
This record shall also include the following warning: "Some harmful
changes which may be caused by repeated overexposure to UVA/UVB radiation
include cataracts, skin cancer, premature aging and possible photosensitive
reactions when using perfumes, cosmetics and certain drugs, including
some antibiotics and birth control pills."
6.
All customers shall have their skin type computed and annotated on
their customer card prior to their first (1st) tanning session.
B.
If
the patron is under eighteen (18) years of age, the patron shall be
accompanied by a parent or legal guardian to provide written consent
of the patron prior to any tanning session. This written consent shall
be signed at the licensed location and shall specify the number of
sessions consented to and shall become part of the record of the patron.
The minor patron may then alone sign the patron card for the remainder
of the consented sessions.
C.
Tanning
facilities which maintain records on computer or data processing equipment
may use a single data sheet for all patrons tanning in a single day
provided that the data is then transferred daily to each individual's
permanent file.
[CC 1990 §14-919]
A.
All
tanning facility applications shall indicate in a drawing submitted
to the Board the following:
1.
The exact location of the tanning facility in relation to any living
quarters;
2.
The location of rooms/booths with tanning equipment;
3.
The location of entrance, all doors and windows;
4.
Walls and partitions shall be non-transparent and of sufficient height
and rigidity as to provide proper privacy;
5.
Location of the tanning facility rest room(s).
[CC 1990 §14-920]
Dogs (except dogs providing assistance to individuals with physical
handicaps), cats, birds or other animals shall not be permitted in
a tanning facility. This definition does not include fish in an aquarium,
provided they are maintained in a sanitary condition.
[CC 1990 §14-921]
Tanning facility licenses are not transferable from one address
to another or from one owner to another. A new tanning license application
shall be filed within thirty (30) days of any change of ownership.
Tanning facilities are permitted to open or offer services while the
application is processed and are subject to the Board's approval per
Rule 4713-1-06 of the Administrative Code. Any tanning facility with
an administrative action pending cannot transfer a license until the
administrative action is resolved.
[CC 1990 §14-922]
Salons that have tanning facilities that are subsequently closed
shall remove tanning beds from the view and access of the public.
[CC 1990 §14-923; Ord. No. 6810, 1-27-2003]
A.
Each tanning facility shall have an operator on duty at all times that possess a valid and current certificate of formal training as herein defined. Formal training courses for operators must meet the requirements of Subsection (B) herein. Proof of training must be maintained with the facility and be available for inspection.
B.
Each
formal training course shall meet the following requirements:
1.
Each course shall be at least four (4) hours in length. This four
(4) hours shall not include items such as registration, lunch, marketing,
profit-making strategies, advertising and accounting, taking a test
or similar functions.
2.
Each course shall include written material which covers the required
subjects, such as core training manual; audio-visual presentations
which cover the required subjects, such as slides or videos; copies
of the department's rules and copies of Title 21, Code of Federal
Regulations, Part 1040, Section 1040.20; and a question and answer
period for trainees.
3.
Courses may be offered via web based or correspondence course. However,
the person taking the course shall take a monitored written examination
in order to receive their certificate of completion.
C.
Each
employee who assists customers or operates tanning devices shall be
trained on proper operation and maintenance of tanning devices. The
operator of the tanning facility is responsible for training those
employees or ensuring that those employees take an approved training
course. When the operator provides employee training, that training
shall include:
1.
Review of the requirements herein;
2.
Procedures for correct cleaning, sanitizing and operation of the
device;
3.
Recognition of overexposure or similar injury;
4.
Review of manufacturer's procedures for operation and maintenance
of tanning devices;
5.
Medical aspects of ultraviolet radiation, maximum allowable time
of exposure and determination of human skin types as it relates to
compliance use of the FDA exposure schedule; and
6.
Emergency procedures in case of overexposure or injury.
