[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 6-9-1990 by Ord. No. 1061-98. Amendments noted where applicable.]
Barbershops and beauty parlors — See Ch. 63.
No person, firm or corporation may operate a tanning salon or operate a tanning booth without first obtaining a license from the Borough pursuant to the provisions of this chapter.
Each tanning booth shall have a prominently displayed warning that states: "Danger - Ultraviolet Radiation. Following instructions. As with natural sunlight, over-exposure can cause injury and sunburn, repeated exposure may cause premature aging of the skin and 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 it you believe yourself sensitive to sunlight."
Each booth shall be provided with physical aids, such as handrails or floor markings, to assure that the user is kept at the proper exposure distance.
Timers used to control exposure duration shall have a minimum accuracy of plus/minus 105.
Users shall, on each visit, be provided, free of charge, sanitary eyewear that will protect eyes from ultraviolet radiation and allow adequate vision necessary to maintain balance or to effect a quick safe exit from the booth.
Tanning booths shall, at all times, maintain an ambient temperature of 100° F. (38° C.) or less.
Electrical hazards in the booths shall be minimized, and all electrical work shall conform to applicable electrical codes and standards.
Booth design and construction shall be adequate to resist collapse due to the impact of a falling person.
Ultraviolet lamps shall be protected with physical barriers, such as heavy wire grids, ultraviolet transmitting plastics or the like, sturdy enough to withstand the impact of a falling person.
Tanning booth access doors shall be designed to facilitate rapid entrance into or exit from said booths. Doors shall open outwardly and be free of locks or latches that prevent the occupant from making an emergency exit or would prevent rescuers from entering.
Each salon shall have on file with the Health Department a written certification from the manufacturer or a Board-eligible or -certified dermatologist stating that the exposure determination methods used for the unit is safe, adequate and in keeping with acceptable medical practice.
The applicant shall furnish to the Health Department a floor plan drawn to scale, which reflects the layout and design of all equipment and proposed facilities.
Food facilities, if proposed, require local Health Department approval and licensure. Food and beverage vending machines must also be licensed and approved by the Health Department.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to a fine of not to exceed $2,000, a term of imprisonment of not to exceed 90 days, a period of community service of not to exceed 90 days, or a combination thereof.