This article establishes a code to control the business of tanning establishments.
It provides for the licensing, conduct, safety and hygiene practices of the
business.
A.
It shall be illegal for any corporation partnership or
sole proprietorship from opening and/or operating a tanning salon or any facility
utilizing tanning equipment without first obtaining a New Jersey State license
to operate such a business.
B.
An application for a Borough permit shall be sent to
the owner annually, and shall contain, at minimum, the following information:
(1)
Name of owner.
(2)
Trade name.
(3)
Address of owner.
(4)
Address of business.
(5)
Owner's home phone number.
(6)
Business phone number.
(7)
Type of ownership (corporation, individual, etc.).
(8)
Equipment to be used and proof of FDA approval of equipment.
(9)
Examples of patron instruction, warnings, labels, informed
consent form.
C.
Licensee shall submit to periodic compliance inspection
by the Registered Environmental Health Specialist.
A.
Tanning equipment must meet the radiation performance
safety standards as established by the Federal Food and Drug Administration
(FDA).
B.
Adequate, protective eye wear must be provided to each
patron.
C.
Each patron must receive adequate instructions on the
use of the equipment. Instructions shall include, at a minimum, an exposure
schedule, based on the ultraviolet radiation spectrum of the specific equipment
being used.
D.
An accurate and appropriate time shall be provided for
each piece of equipment and linked electronically to the equipment to provide
automatic shutoff at the end of the preset time.
E.
Each item of tanning equipment shall have a warning label
noting all known hazards of using the equipment. The label shall be placed
in an area conspicuous to the patron/user.
F.
No medical or beneficial claims may be made about the
tanning equipment except that it will provide cosmetic tanning. This equipment
extends to any advertising. Failure to comply with this restriction may result
in confiscation and seizure of the equipment by the Borough, Board of Health
and/or the FDA.
G.
Minors may not utilize the equipment unless accompanied
by a parent or guardian.
H.
Any injuries or medical problems reported by patrons
attributed to the use of the tanning equipment shall be reported to the New
Providence Board of Health no later than the next business day.
I.
All equipment that contacts any body part of a patron
shall be cleaned and sanitized between each use by each patron.
J.
Each and every patron shall sign an informed consent
before the initial use of the equipment. The signed informed consent shall
be kept on file, and such records shall be open to inspection by the Board
of Health and/or the Registered Environmental Health Specialist.
K.
Tanning equipment shall be provided with emergency cutoff
switches controllable by the patron while using the equipment. Such cutoff
switches shall be in addition to the timer noted elsewhere.
L.
Each patron shall be initially screened for:
(1)
Taking of any prescription drugs known to induce photosensitivity.
M.
The owner of the establishment shall develop a method
to monitor and keep a log of the effective output of the tanning equipment
and its relation to the manufacturers' standards.
