[HISTORY: Adopted by the City of Norwalk Common Council 10-18-2011. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Tanning Facility Ordinance."
Exposure to ultraviolet radiation from artificial tanning devices can exceed 15 times the amount of normal exposure to the sun. Many physicians and scientists now warn that the risks associated with sun tanning are greater when tanning with artificial ultraviolet light. These risks include, but are not limited to, sunburn, premature aging, skin cancer, retinal damage, formation of cataracts, suppression of the immune system, and damage to the vascular system.
Artificial tanning device users may be unaware of and lack access to information that they may experience a heightened photosensitivity to artificial tanning as a result of the use of certain medications, cosmetics, and foods that are photosensitizing, which means that in some people they react unfavorable with ultraviolet light to produce skin rashes or burns.
Unregulated tanning facilities may fail to establish basic sanitary precautions against the transmission of communicable skin disorders, may fail to protect users from either direct contact with bulbs or from shards of glass if a bulb explodes, and may fail to provide users with appropriate health or physical safety information.
It is hereby resolved that the business of operating tanning facilities as defined herein is a business affecting the public health, safety, and general welfare, and in order to protect the public, oversight by the Norwalk Health Department is reasonable and desirable.
For the purposes of this chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- ARTIFICIAL TANNING DEVICE
- Any equipment that emits ultraviolet radiation with wavelengths in the air between 200 and 400 nanometers and that is used for the tanning of human skin, including, but not limited to sunlamps, tanning beds, and tanning booths.
- The Board of Health of the City of Norwalk.
- The Department of Health of the City of Norwalk.
- DIRECTOR OF HEALTH
- The Director of Health of the City of Norwalk.
- PHOTOTHERAPY DEVICE
- A piece of equipment that emits ultraviolet radiation and that is used by or under the supervision of a licensed health care professional in the treatment of disease.
- TANNING FACILITY
- Any place of business that provides persons access to any artificial tanning device.
- ULTRAVIOLET RADIATION
- Electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers.
This chapter shall not apply to a phototherapy device used by or under the direct supervision of a licensed physician who is trained in the use of phototherapy devices.
Nothing in this chapter shall be construed to mean that the Department endorses any type of artificial tanning device, any location of such devices, any business which provides artificial tanning devices for use by the public, or the use of any such devices.
The Director of Health, in consultation with the Board, may make and enforce reasonable rules and regulations not in conflict with, but to carry out the intent of this chapter. The Director of Health shall, upon making any regulation or rule, file a copy of said rule or regulation with the City Clerk.
No tanning facility having a permanent location shall be relocated, constructed, remodeled or extensively altered, nor shall a structure be converted to use as a tanning facility, except in accordance with the specifications and standards approved by the Norwalk Board of Health.
Properly prepared plans drawn to a scale of not less than 1/4 inch: one foot, and specifications for such construction, remodeling or alteration shall be submitted to the Director of Health, or authorized agent, for review and approval before relocation, construction, remodeling, alteration, or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement and construction materials of work areas and the type and model of proposed fixed equipment and facilities. The plans and specifications shall be submitted with forms furnished by the Director of Health. The Director of Health shall approve the plans and specifications if they comply with all applicable federal, state and local laws and regulations.
Prior to the tanning facility's opening, the Director of Health, or authorized agent, shall conduct a preoperational inspection to determine compliance with the approved plans and specifications.
No person shall maintain or operate a tanning facility without first having obtained a permit from the Director of Health.
The Director of Health shall establish procedures for the issuance and annual renewal of permits.
Each applicant for a permit to operate a tanning facility shall file an application with the Director of Health and shall pay an annual permit fee in an amount set by the Board and approved by the Common Council. Such fees shall not be refundable.
No permit shall be issued or renewed until a completed application has been submitted, the permit fee has been paid and the applicant's tanning facility meets the requirements set forth in this Code and all other applicable federal, state and local laws and regulations. Upon denial of an application for a permit, the Director of Health shall notify the applicant in writing of such denial by mailing a notice to him/her at the address shown on his/her application.
Any permit issued under this chapter shall be valid until the next renewal date unless suspended or revoked. Permits shall expire on May 1 of each year.
Applications for renewal of a permit shall be in the form prescribed by the Director of Health. Each application for renewal shall be accompanied by a nonrefundable fee in the amount set by the Board of Health and approved by the Common Council. The Director of Health shall renew each permit upon making findings as required for the issuance of the original permit.
Any permit to operate a tanning facility may be revoked or suspended by the Director of Health for any of the following reasons:
In the event that the Director of Health or authorized agent finds unsanitary conditions in the operation of a tanning facility, or a violation or a set of violations, the Director of Health may immediately issue a written notice to the permit holder or person in charge citing such conditions, specifying the corrective action to be taken and time frame within which action shall be taken. If correction is not made in the allotted time, the permit may be revoked or suspended.
If the permittee submits false, incomplete, or misleading information required by this chapter.
The Director of Health may revoke or suspend any permit issued pursuant to this chapter in accordance with the following procedure:
The Director of Health may revoke or suspend any permit issued under this chapter by notifying the permit holder in writing of such revocation or suspension, and the reasons therefor, and informing the permit holder of his or her right to request a hearing before the Board of Health and the procedure for such hearing, including all procedural deadlines. An opportunity for a hearing will be provided if a written request for hearing is filed with the Director of Health by the holder of the permit within 10 days.
The Director of Health shall schedule the hearing before the Board of Health and shall notify the permit holder of the date, time and place of the hearing.
The Board of Health shall render a written decision on the appeal and said decision shall state whether the appeal is dismissed or sustained, the facts and circumstances found to support the decision, and shall state the relief.
A request for a hearing under this section shall stay any revocation or suspension until such time as a hearing has been held and a decision rendered thereon; provided, however, that if the Director of Health shall find that the public health, safety or welfare requires emergency action and incorporates a finding to that effect in the notice of revocation or suspension, the permit may be suspended immediately.
The Director of Health may suspend, without warning, prior notice or hearing, any permit to operate a tanning facility:
The Director of Health or his or her designee shall at least annually make an inspection of each tanning facility operating within the City of Norwalk for the purposes of determining that the provisions of this chapter are complied with. Such inspections shall be at a reasonable time, in a reasonable manner.
The Department shall have the authority to investigate complaints regarding any injury, accident, or the unsafe operation of a tanning facility or artificial tanning device.
Except as otherwise noted by the Director, each tanning facility shall be constructed, operated and maintained in accordance with all applicable federal, state, and City of Norwalk laws and regulations.
The owner shall provide and maintain such general sanitation and cleaning of equipment as required by the Director of Health.
A tanning facility shall not allow a person under 16 years of age to use an artificial tanning device.
A tanning facility shall not allow any person from 16 to 18 years of age to use an artificial tanning device unless that person's parent or legal guardian provides consent. For purposes of this subsection, "consent" means that the parent or legal guardian appears in person at the minor's initial use of an artificial tanning device within a consecutive twelve-month period and signs a written consent form in the presence of the owner or operator of the facility. The minor's parent or legal guardian may withdraw this consent at any time. Unless so withdrawn, this consent shall be valid for 12 months from the date the written consent form is signed and may be renewed annually in accordance with this subsection. The written consent form required by this subsection shall state that the parent or legal guardian has read and understood the warnings given by the tanning facility, consents to the minor's use of an artificial tanning device, and agrees that the minor will use the protective eyewear that the tanning facility provides.
No tanning facility shall claim or distribute promotional materials that claim that the use of an artificial tanning device is safe and free from risk.
No permit shall be transferable; provided, however, that upon the death or incapacity of the permit holder, the tanning facility may continue in business for a period of up to 90 days to allow for an orderly transfer of the business to a successor permit holder.
Violations of this chapter shall be subject to a fine in the amount of the maximum allowed by the Connecticut General Statutes for violations of municipal ordinances. Each violation of this chapter shall be considered a separate offense, and any violation continuing more than one day of time shall be considered a separate offense for each day of violation. Nothing contained in this section shall be deemed to limit any remedy the City may have for the enforcement of this chapter.
The provisions of this chapter shall be enforceable by the Director of Health or his or her designees.