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.