[HISTORY: Adopted by the Board of Health of the Borough of North Arlington 9-10-2003 by Ord. No. 2003-02. Amendments noted where applicable.]
No person shall establish, maintain or operate a tanning salon in the Borough without first having obtained from the Board a valid license to do so; the term thereof and fee therefor are fixed in at $100 annually.
No such license shall be issued to any person unless facilities comply with the following standards:
A. 
Each tanning booth, bed, lamp, or other device shall have a prominently displayed warning that states: "Danger - ultra-violet radiation. Follow Instructions. As with natural sunlight, overexposure can cause injury and sunburn: repeated exposure may cause premature aging of the skin or 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 if you believe yourself sensitive to sunlight."
B. 
Each booth, bed, lamp or other device shall be provided with physical aids, such as handrails or floor markings, to assure the user is kept at the proper exposure distance of such mechanical devices to prevent the device from coming closer to the user than is proper.
C. 
Timers used to control exposure duration shall:
(1) 
Have a minimum accuracy of ± 10%;
(2) 
Be so located so that the patron can easily stop the device;
(3) 
Shall be centrally controlled by the operator of the salon as to any device located in a private room and in or upon which the patron might fall asleep.
D. 
Users shall, on each visit, be provided, free of charge, with sanitary eyewear that will protect eyes from ultraviolet radiation and allow adequate vision necessary to maintain balance or to effect quick, safe exit from booth.
E. 
Tanning booths and beds shall, at all times, maintain an ambient temperature of 100° F. (38° C.) or less.
F. 
Electrical hazards in the booths, or beds, or other devices, shall be minimized, and all electrical work shall conform to applicable electrical codes and standards.
G. 
Booth and bed design and construction shall be adequate to resist collapse due to the impact of a falling person.
H. 
Ultraviolet lamps shall be protected with physical barriers, such as heavy grids, ultraviolet transmitting plastics, or the like, sturdy enough to withstand the impact of a falling person.
I. 
Tanning booth access doors shall be designed to facilitate rapid entrance into or exit from said booth, shall open outwardly, and shall be free of locks or latches, except such locks which release automatically from inside.
J. 
Private rooms shall be of such design and so equipped and/or furnished so as to facilitate rapid exit.
K. 
Surfaces of tanning beds or other devices that come in direct contact with the skin of the user shall be cleaned with a recognized germicidal cleaning agent after each use.
L. 
Each salon shall have on file with the department a written certification from a Board eligible or certified dermatologist stating that the "exposure determination" methods used at that facility are safe, adequate and in keeping with acceptable medical practice.
[Added 4-7-2004 by Ord. No. 2004-01]
A. 
Not less than $250 nor more than $1,000 for each violation of this chapter, payable to the North Arlington Board of Health. Each day that the violation exists is considered to be a separate offense.
B. 
Reasonable counsel fees incurred by the Board of Health in the enforcement of this chapter shall be paid by the defendant. The amount of such reimbursable fees and costs shall be determined by the court hearing the matter.
C. 
This chapter shall preempt any municipal ordinance inconsistent herewith.