[HISTORY: Adopted by the Board of Health of the Borough of Madison 6-17-1980 by Ord. No. BH-2-80. Amendments noted where applicable.]
This chapter may be cited as the "Tanning Booth Ordinance of the Borough of Madison."
Whereas tanning booth establishments have enjoyed a recent, rapid growth in popularity; and whereas the operation of tanning booths 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; and whereas it has been established that acute overexposure to the ultraviolet light emitted by tanning booth lamps will cause skin burns and eye damage; and whereas it has been established that chronic exposure to ultraviolet light can result in increased incidences of skin cancer; now, therefore, it is the policy of the Borough of Madison to protect the health, welfare and safety of its citizens from the potential hazards associated with the operation of tanning booth establishments by the adoption of licensing procedures and standards to govern such facilities.
Wherever used in this chapter, the following terms shall have the following meanings:
- TANNING BOOTH
- Any enclosed or semienclosed area or room, containing one or more ultraviolet lamps, intended for irradiation of any part of the human body to induce skin tanning.
- TANNING BOOTH ESTABLISHMENT
- Any commercial enterprise or facility containing one or more tanning booths, provided that this definition shall not include any hospital, clinic or other medical facility wherein ultraviolet radiation is or may be used, under the supervision of a trained medical staff, for the diagnosis or treatment of disease,
No person shall, at any time within the Borough of Madison, conduct, maintain or operate a tanning booth establishment without first having obtained a license to do so from the Board of Health of the Borough of Madison.
Application for such a license shall be made to the Board of Health, on forms approved by it, signed and executed by the applicant.
No license to conduct, maintain or operate a tanning booth establishment shall be granted to any person until such person has demonstrated to the satisfaction of the Board of Health that the following conditions and requirements have been met:
Each tanning booth 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 medication or if you believe yourself sensitive to sunlight."
Each tanning booth 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.
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 booth.
Each timer used to control exposure duration, whether controlled by the user from within the tanning booth or by the operator of the tanning booth establishment, shall be accurate to within plus or minus 10% or any selected timer interval.
The ambient air temperature in each tanning booth shall at no time exceed 100° F. (38° C.).
Each tanning booth 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 booth floors shall provide adequate traction, even when wet, to allow such safe and rapid ingress and egress.
Each tanning booth shall be equipped with heavy wiregrids, 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.
In addition to the foregoing, each tanning booth and tanning booth establishment shall be constructed, operated and maintained in compliance with the Zoning Ordinance, Building Code, Electrical Standards and every other ordinance of the Borough of Madison.
Each tanning booth establishment shall obtain and maintain on file with the Board of Health of the Borough of Madison a certification from a dermatologist approved by the Board of Health stating that the methods for exposure determination, both as to duration and distance, utilized by the tanning booth establishment are safe and that such methods comply with current medical standards.
Each tanning booth establishment 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.
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 license fee for the same in the amount of $50.
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.
No license shall be transferable.
Each tanning booth establishment shall display its license in a conspicuous place on the licensed premises.
All licenses and permits granted under the provisions hereof shall expire on December 31 of the year for which the same are granted, unless suspended or revoked or unless issued for a temporary or shorter specified period.
A license or permit may be suspended or revoked for any violation by the holder thereof of any provision of this chapter after an opportunity has been afforded to said holder for a hearing before the Board of Health or the Health Officer of the Borough of Madison.