[HISTORY: Adopted by the Rockland County
Legislature 8-1-2006 by L.L. No. 12-2006.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was vetoed by
the County Executive, which veto was overridden by a two-thirds majority
of the Legislature 10-3-2006 by Res. No. 509-2006.
This chapter shall be known as "The Rockland
County Tanning Information and Regulation Act."
A.
This Legislature finds that many physicians and scientists
now warn that the risks associated with sun tanning are greater when
tanning with artificial ultraviolet light.
B.
These risks include, but are not limited to, sunburn,
premature aging, skin cancer, retinal damage, formation of cataracts,
suppression of the immune system, and damage to the vascular system.
C.
Certain medications, cosmetics, and foods are "photosensitizing,"
which means that in some people they react unfavorably with ultraviolet
light to produce skin rashes or burns. Sunlamps and other artificial
sources of ultraviolet light are know to intensify these effects.
D.
In addition, there is a particular cause for concern
about Rockland County's younger residents. Studies show that women
who go to tanning salons more than once a month or get sunburns when
they are teenagers are 55% more likely to develop skin cancer later
in life. Thus, this chapter pays particular attention to children.
E.
The Legislature notes that the Rockland County Sanitary
Code contains certain enforcement mechanisms relating to tanning salons.
It has determined that additional safeguards are necessary to offer
further protections to our youngest residents.
F.
The Legislature finds, therefore, that a local law
is necessary in order to protect and promote the public health, safety
and welfare of those persons who use tanning facilities in Rockland
County.
As used in this chapter, the following terms
shall have the following meanings:
The Commissioner of the Rockland County Department of Health.
Any individual who enters a tanning facility for the purpose
of using an ultraviolet radiation device.
A person designated by the tanning facility owner or tanning
equipment lessee to operate, or to assist and instruct the customer
in the operation and use of, the tanning facility or tanning equipment.
An individual, corporation, partnership, joint venture, or
any business entity.
Any device that emits electromagnetic radiation with wavelengths
in the air between 200 nanometers and 400 nanometers used for tanning
of the skin, including, but not limited to, a sunlamp, tanning booth,
or tanning bed.
Any location, place, area, structure, or business which provides
persons access to any tanning equipment, including, but not limited
to, tanning salons, health clubs, apartments, or condominiums, regardless
of whether a fee is charged for access to the tanning equipment.
This chapter shall apply to any tanning facility
in Rockland County; provided, however, that it shall not apply to
any physician duly licensed to practice medicine who uses, in the
practice of medicine, medical diagnostic and therapeutic equipment
that emits ultraviolet radiation or any person who owns tanning equipment
exclusively for personal, noncommercial use.
Applications, permits and fees shall be in accordance
with Article XIV of the Rockland County Sanitary Code.
Tanning equipment shall be used according to
the manufacturer's specifications or the Rockland County Sanitary
Code provisions and regulations, whichever is more stringent.
It shall be unlawful in the County of Rockland
for a tanning facility or operator to allow any person who has not
yet reached the age of 16 to use any tanning equipment.
It shall be unlawful for a tanning facility or operator to allow customers aged more than 16 years but less than 18 years to use tanning equipment without a parent's or guardian's consent. Such consent is only valid if the parent or guardian is physically present at the tanning facility. In such case, the parent or guardian is required to sign the written warning outlined in § 354-9. Existing persons who are under the age of 18 shall be treated as if they are new customers for purposes of this chapter.
A.
A tanning facility shall have an operator present
during operating hours who is sufficiently knowledgeable in the correct
operation of the tanning equipment used at the facility so that he
or she is able to inform and assist each customer in the proper use
of such tanning equipment.
B.
The tanning facility operator shall:
(2)
Monitor the use of the facility to ensure that the
interior temperature does not exceed 100° F.
(3)
Comply between users with sanitizing procedures specified
by the manufacturer of the tanning equipment and the Rockland County
Sanitary Code; and
(4)
Show each customer how to use suitable physical aids,
such as handrails and markings on the floor, to maintain proper exposure
distance as recommended by the manufacturer of the tanning equipment.
A.
A tanning facility shall provide to each customer,
at no extra charge, protective eyewear for use with the tanning equipment
which meets the requirements of Code of Federal Regulations, Title
21, Part 1040.20 (c)(4).
B.
A tanning facility shall not permit any customer to
use such facility's tanning equipment without wearing the protective
eyewear required by this section.
A.
A tanning facility shall post within such facility
a warning sign at the front or main entrance to such facility and
on each tanning device in an area immediately visible to a patron
using the device. Such sign shall be clearly visible and legible so
that it can be easily viewed by customers, having dimensions not less
than 17 inches by 22 inches, and shall read as follows:
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"DANGER - ultraviolet radiation. Follow instructions.
As with natural sunlight, overexposure can cause eye injury and sunburn;
repeated exposure may cause premature aging of the skin and skin cancer.
Medications or cosmetics applied to the skin may increase your sensitivity
to ultraviolet light. Consult physician before using lamp if taking
any medications or if you believe yourself especially sensitive to
sunlight."
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B.
A tanning facility shall provide to each customer
18 years or older, upon his or her first visit to such facility, the
Rockland County information sheet entitled "Tanning Hazards," promulgated
by the Commissioner pursuant to the Rockland County Sanitary Code,
which shall be signed, witnessed and dated prior to the use of any
tanning equipment at such facility and thereafter kept on file by
such facility.
C.
Rules relating to minors 16 and 17 years of age. No
tanning facility shall be permitted to allow a minor 16 or 17 years
old to utilize the facilities until the following procedures are met:
(1)
On an initial visit to any particular tanning facility,
or for existing customers on the first visit after this chapter is
in effect, all minors age 16 or 17 shall be accompanied by their adult
parent or legal guardian prior to using the tanning facility for the
first time. At that initial visit, a tanning facility shall provide
to the parent or guardian of every minor aged 16 or 17, and to the
minor, the Rockland County information sheet entitled "Tanning Hazards,"
promulgated by the Commissioner pursuant to the Rockland County Sanitary
Code, which shall be signed, witnessed and dated prior to the use
of any tanning equipment at such facility and thereafter kept on file
by such facility. At that initial visit, the parent or guardian of
every minor aged 16 or 17 shall be required to provide the following
consent prior to the use of any tanning equipment at such facility
by such minor, which shall be signed, witnessed and dated prior to
the use of any tanning equipment at such facility and thereafter kept
on file by such facility:
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"I have received and read the publication entitled
"Tanning Hazards" promulgated by the Rockland County Department of
Health prior to signing this consent, and have had an opportunity
to satisfactorily discuss my child's expected tanning treatments with
the operator of the facility.
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I hereby allow my child, ________________, to
utilize these tanning facilities for no more than ____ visits during
the month of _______, 2___.
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I understand that this consent will only be
valid for the month stated, and that I will be required to provide
continuing written consent on a monthly basis, for a specific number
of tanning sessions per month, so that I can monitor my child's exposure
to ultraviolet radiation.
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____________________
Signature of facility operator
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______________________
Signature of guardian
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____________________
Date
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______________________
Print name of guardian
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______________________
Print name of minor
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_____________________
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Age of Minor
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or
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The minor's parent or legal guardian is illiterate
and/or legally blind and I have read the publication entitled "Tanning
Hazards" promulgated by the Rockland County Department of Health and
the consent form aloud and in full to the parent or legal guardian
in the presence of the below signed witness.
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Signature of facility operator
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Witness
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Date
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(2)
Further visits. All minors aged 16 or 17 shall, at
the first visit of each month thereafter, submit to the tanning facility
the written consent form, noting the month and number of visits in
that month covered by the consent, and containing an original signature
by such minor's parent or legal guardian only. The tanning facility
shall carefully compare the signature on all subsequent consent forms
to the original form the parent or guardian signed during the first
visit to ensure that the signatures are authentic.
A tanning facility shall maintain a record of
the use of such facility by each customer, which shall include the
dates and durations of each customer's tanning exposures as well as
his or her total number of tanning exposures at such facility, or
any branch location thereof, for a period of three years after exposure.
Any tanning facility found to be in violation
of any provision of this chapter shall be subject to a civil penalty
of up to $500 for the first violation, not less than $750 and not
more than $1,000 for the second violation, and not less than $1,000
and not more than $1,500 for the third violation and each violation
thereafter, which may be recovered following notice and an opportunity
to be heard in a proceeding before the Commissioner of Health.
The Commissioner shall promulgate such rules
as are necessary to effectuate the provisions of this chapter.
