[HISTORY: Adopted jointly by the Mayor and Council and the
Board of Health of the Borough of Kenilworth 4-23-2014 by Ord. No. 2014-04.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 208 but was renumbered to maintain the alphabetical sequence
of the Code.
A.
This chapter may be cited as the "Tanning Facility Ordinance of the
Borough of Kenilworth."
B.
The purpose of this chapter is to safeguard and protect the public
from the improper use of tanning equipment that has been related to
health hazards.
C.
The governing body of the Borough of Kenilworth makes the following
findings:
(1)
There has been rapid growth in popularity of facilities offing tanning
equipment;
(2)
The operation of a tanning facility 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;
(3)
It has been established that acute overexposure to the ultraviolet
light emitted by tanning booth lamps will cause skin burns and eye
damage; and
(4)
It has been established that chronic exposure to ultraviolet light
can result in increased incidences of skin cancer.
D.
To protect the health, welfare and safety of its citizens from the
potential hazards associated with the operation of tanning equipment
at tanning facilities and gyms, the governing body of the Borough
of Kenilworth hereby adopts licensing procedures and standards to
govern such commercial facilities which are to be administrated by
the Health Department.
[Amended at time of adoption of Code (see Ch. 199, General
Provisions, Board of Health, Art. I)]
Wherever used in this chapter, the following terms shall have
the following meanings:
Any enclosed or semi-enclosed area, bed or room, containing
one or more ultraviolet lamps, intended for irradiation of any part
of the human body that induces skin tanning.
Any commercial enterprise or establishment containing one
or more pieces of tanning equipment made available to the public or
membership in any organization.
A.
No person shall at any time within the Borough of Kenilworth conduct,
maintain or operate a tanning facility without first having obtained
a license to do so from the Board of Health of the Borough of Kenilworth.
B.
Application for such a license shall be made to the Board of Health,
on forms approved by it, signed and executed by the applicant.
C.
Applicants shall maintain liability insurance for injury to any individual
using the tanning equipment in an amount of no less than $100,000
for any injury and agree that no user of the equipment may be solicited
to waive liability for any injury or disease related to the use of
the tanning equipment.
No license to conduct, maintain or operate a tanning facility
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 piece of tanning equipment 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 oversensitivity
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 piece of tanning equipment 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 equipment.
D.
Each timer used to control exposure duration, whether controlled
by the user from within the tanning equipment or by the operator of
the tanning facility, 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 piece of tanning equipment 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 equipment
area floors shall provide adequate traction, even when wet, to allow
such safe and rapid ingress and egress.
G.
Each piece of tanning equipment 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 piece of tanning equipment and
tanning facility shall be constructed, operated and maintained in
compliance with state regulations.
I.
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 of the equipment as well as the recommended
exposure time of the tanning equipment.
J.
Each tanning facility 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.
Each tanning facility shall obtain and maintain on file with the
Board of Health of Kenilworth an annual certification:
(1)
From a dermatologist who maintains an active medical practice within
the State of New Jersey stating that the methods for exposure determination,
both as to duration and distance, utilized by the tanning facility
are safe and that such methods annually comply with current medical
standards; and
(2)
From each operator of the tanning equipment stating that he or she
has been trained in the safe operation of each one of the tanning
equipment in the facility and is aware of the proper use and duration
of the equipment.
Every applicant, for whom a license is granted, as required
by the provisions of this chapter, shall pay to the Board of Health
an annual facility license fee for the same in the amount of $100
plus $25 per piece of tanning equipment and $25 per operator at the
facility.
A.
Each license issued under the provisions of this chapter shall bear
the actual date of issue thereof, the legal name of the person, firm,
corporation or other organization, society or group to whom issued
and the location of the premises or other place of operation for which
the license is requested.
B.
No license shall be transferable.
C.
Each tanning facility shall display its license in a conspicuous
place on the licensed premises.
D.
All licenses and permits granted under the provisions hereof shall
expire on the close of the first business day of each year, unless
suspended or revoked or unless issued for a temporary or shorter specified
period.
A.
A license or permit may be suspended or revoked for any violation
by the holder thereof of any provisions of this chapter after an opportunity
has been afforded to said holder for a hearing before the Board of
Health, the Health Officer, or their designee of the Borough of Kenilworth.
B.
Any person who violates any provision of this chapter, upon conviction
before the Municipal Court, shall be liable to a penalty of not less
than $100 or more than $500 for each violation. Each day a particular
violation continues shall constitute a separate offense.
C.
If more than five violations shall occur within any calendar year
at a facility, the Health Department may request the Municipal Court
to revoke the license for tanning equipment for a six-month period,
and should the tanning facility continue to be operated without a
license, an additional fine of $2,000 shall be imposed by the Municipal
Court.
The chapter shall not be applicable to or include any hospital,
clinic or other medical facility wherein ultraviolet radiation is
or may be used, under the supervision of trained medical staff, for
the diagnosis or treatment of disease.
If any section, paragraph, subdivision, clause, sentence, phrase
or provision of this chapter is declared unconstitutional or invalid
by a court of competent jurisdiction, such decision shall not affect
the remaining portions of this chapter.
All Borough ordinances and parts of ordinances that are inconsistent
with this chapter are hereby repealed.
This chapter shall become effective days after final passage,
adoption and publication as required by law.
