[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:
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.
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,
A.
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.
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.
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:
A.
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."
B.
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.
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 booth.
D.
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.
E.
The ambient air temperature in each tanning booth shall
at no time exceed 100° F. (38° C.).
F.
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.
G.
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.
H.
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[1] and every other ordinance of the Borough of Madison.
I.
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.
J.
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.
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 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.
