[Ord. No. 07-110 §1, 8-14-2007]
A.
The
purpose of this Article is to set forth permitting procedures and
the requirements for maintenance and operation of tanning facilities
in a way that will protect and promote the public health, safety and
welfare and prevent the spread of disease.
B.
This
Article applies to individuals operating or using tanning equipment
in a tanning facility. This regulation shall not apply to a physician
or chiropractor licensed by the State of Missouri who uses tanning
equipment in the practice of medicine or chiropractic. This regulation
shall not apply to an individual who owns tanning equipment exclusively
for personal non-commercial use.
[Ord. No. 07-110 §1, 8-14-2007]
For the purposes of this Article, the following terms, phrases
and words shall have the meanings herein expressed:
The condition of being free from readily noticeable dirt,
soil, stain, leftover food particles or other materials not intended
to be a part of the object in question.
The St. Charles County Department of Community Health and
the Environment.
The Director of the St. Charles County Department of Community
Health and the Environment or his or her designated representative.
Any person who leases or manages a tanning facility or temporary
tanning facility; or any employee of a tanning facility certified
to operate tanning equipment.
Any person who alone, jointly or severally with others:
Has legal title to any tanning facility or temporary tanning
facility, with or without accompanying actual possession thereof;
or
Has charge, care or control of any tanning facility or temporary
tanning facility as legal or equitable owner, agent of the owner,
lessee or is an executor, executrix administrator, administratrix,
trustee or guardian of the estate of the owner.
Any person who uses tanning equipment in a tanning facility.
A written form of authorization in accordance with this regulation.
Any individual; public or private corporation and its officers;
partnership; association; firm; trustee; executor of an estate; the
State or its departments, institutions, bureaus or agencies; any municipal
corporation, County, City, political subdivision or any other legal
entity recognized by law.
A booth, table or chair in which a personal service is provided.
Examples include, but are not limited to, tanning booths or beds,
massage tables and hair stylist chairs.
The condition of being free from infective, physically hurtful
diseased, poisonous, unwholesome or otherwise unhealthful substances
and being completely free from vermin, from the traces of either and
from an environment conducive to the growth of either.
Any device intended to induce skin tanning of any part of
the body through ultraviolet radiation including, but not limited
to, a tanning booth, tanning bed or sunlamps.
Any location, place, area, structure or business that, either
as a sole service or in conjunction with other services, provides
patrons access to tanning equipment.
An injury or suspected injury which is reported to the tanning
facility operator by the patron.
Electromagnetic radiation that has a wave length between
two hundred (200) nanometers and four hundred (400) nanometers in
air.
[Ord. No. 07-110 §1, 8-14-2007]
A.
Facility Permits.
1.
No person shall operate a tanning facility without written approval
and a corresponding valid recreational facility permit from the department.
2.
No person shall operate a temporary tanning facility without written
approval and a corresponding valid temporary recreational facilities
permit from the department.
[Ord. No. 07-110 §1, 8-14-2007]
A.
Application for a permit required in Section 233.900 of this Chapter shall be made upon a form provided by the Director.
B.
Permit
application shall be made prior to commencement of operation of the
tanning facility and a temporary tanning facility. Certificate application
shall be made prior to operating tanning equipment.
[Ord. No. 07-110 §1, 8-14-2007]
The tanning facility permit shall be issued annually and shall
expire one (1) year from date of issuance. It is the responsibility
of the owner or operator of the tanning facility and the individual
tanning certificate holder to pursue their respective permit renewal
through appropriate channels. The permit shall be renewable within
sixty (60) calendar days prior to the expiration date. The temporary
tanning facility permit shall be valid for seven (7) consecutive days
beginning with the date written on the permit.
[Ord. No. 07-110 §1, 8-14-2007]
A.
Unless
otherwise ordered or approved by the Director, each facility shall
be constructed, operated and maintained to meet the following minimum
requirements:
1.
Physical facilities.
a.
Each tanning facility and temporary tanning facility shall have a
toilet and a handwashing sink with hot and cold water accessible to
patrons provided with soap and single-use towels. All bathrooms shall
be cleaned daily and a written log shall be kept on the premises and
made available to the department, any other regulatory authorities
or a member of the public upon request. This log shall include:
b.
The floors and walls in the toilet and handwashing areas shall be
constructed of smooth, non-absorbent material.
c.
All areas of the tanning facility and temporary tanning facility
shall be ventilated with at least six (6) air changes per hour.
d.
All rooms of a tanning facility shall be capable of being illuminated
to allow for proper cleaning and sanitizing.
e.
Only tanning equipment manufactured in accordance with the specifications
set forth in 21 C.F.R. 1040.20 "Sunlamp Products and Ultraviolet Lamps
Intended for Use in Sunlamp Products" shall be used for tanning. The
exact nature of compliance shall be based upon the standard in effect
at the time of manufacture shown on the tanning equipment identification
label (as required by 21 C.F.R. 1010.3).
f.
The timer system shall follow the requirements outlined in 21 C.F.R.
1040.20(c)(2) (paraphrased here for convenience). Each sunlamp product
shall incorporate a timer system with multiple timer settings adequate
for the recommended exposure time intervals for different exposure
positions and expected results of the products as specified. The maximum
timer interval(s) shall not exceed the manufacturer's recommended
maximum exposure time(s). No timer interval shall have an error greater
than ten percent (10%) of the maximum timer interval of the product.
The timer shall not automatically reset and cause radiation emission
to resume for a period greater than the unused portion of the timer
cycle, when emission from the sunlamp product has been terminated.
g.
Tanning equipment temperature shall be maintained below one hundred
degrees Fahrenheit (100°F) (thirty-eight degrees Centigrade (38°C))
during its operation.
h.
Tanning equipment shall meet the National Fire Protection Association's
National Electric Code. There shall be ground fault protection on
the electrical circuit of tanning equipment.
i.
There shall be physical barriers to protect people from injury induced
by touching or breaking tanning equipment lamps.
j.
Additional requirements for stand-up booths:
(1)
There shall be physical barriers or other methods, such as handrails
or floor markings, to indicate the proper exposure distance between
ultraviolet lamps and the patron's skin.
(2)
The construction of the tanning equipment shall be such that
it will have the strength to withstand the stress of use and the impact
of a falling person.
(3)
Handrails and non-slip floors shall be provided for safe entry
to and exit from tanning equipment.
[Ord. No. 07-110 §1, 8-14-2007]
A.
Every
portion of the tanning facility, including equipment and apparatus,
shall be kept sanitary and maintained in good repair. A written log
shall be kept on the premises and made available to the department,
any other regulatory authorities or a member of the public upon request.
This log shall include:
B.
The
operator shall clean and sanitize the tanning equipment and protective
goggles after each use. At the request of the patron, sanitizer and
instructions on its proper use shall be provided to allow resanitization.
C.
Sanitization
shall be carried out using U.S. Environmental Protection Agency (E.P.A.)
registered sanitizer and used in accordance with the E.P.A. approved
label.
D.
Defective
or burned out lamps or bulbs in tanning equipment shall be replaced
with a lamp or bulb intended for use in the tanning equipment and
shall be of the same spectral UV distribution found on the manufacturer's
specification plate.
E.
If
towels or other linens are provided, they shall be cleaned and sanitized
after each use. All clean towels shall be stored in a closed container.
F.
Soiled
towels shall be placed in closed hampers or containers.
[Ord. No. 07-110 §1, 8-14-2007]
A.
No
tanning facility operator or owner shall allow a patron to tan unless
that patron has been provided a form containing the following information:
1.
A reasonably representative list of potential photosensitizing drugs
and agents;
3.
Skin sensitivity; information on how different skin types respond
to tanning;
4.
An explanation of the need to use eyewear with both ultraviolet-A
(UVA) and ultraviolet-B (UVB) systems and that closing the eyes is
not sufficient to prevent possible eye damage;
5.
Information that tanning may be inadvisable during pregnancy; and
6.
Other relevant medical information as determined by the department.
a.
After providing the required information and giving the patron the
opportunity to read the information and ask questions, the operator
shall request that the patron sign and date the form indicating that
he or she has read and understood the information provided. The operator
is required to have patrons review, sign and date a new form each
year. Forms must be kept at the tanning facility and available for
inspection at the Director's request.
b.
The following warning sign shall be conspicuously posted in the immediate
proximity of every unit of tanning equipment: "DANGER—Ultraviolet
radiation. Follow instructions. Avoid overexposure. As with natural
sunlight, overexposure can cause eye and skin injury and allergic
reactions. Repeated exposure may cause premature aging of the skin
and skin cancer. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE
BURNS OR LONG-TERM INJURY TO THE EYES. Medications or cosmetics may
increase your sensitivity to the ultraviolet radiation. Consult physician
before using sunlamp if you are using medications or have a history
of skin problems or believe yourself especially sensitive to sunlight.
If you do not tan in the sun, you are unlikely to tan from the use
of this product".
c.
All warning signs must be legible and clearly visible.
d.
Cleaned and sanitized goggles shall be provided to each patron at
the time of tanning.
e.
A written report of any tanning injury shall be forwarded to the
department within five (5) working days of the owner or operator becoming
aware of its occurrence. The report shall include:
f.
Before a minor uses any tanning equipment, the minor shall provide
the tanning facility operator a consent form signed by a parent or
guardian of the minor. A "minor" is defined as an
individual seventeen (17) years of age or younger.
[Ord. No. 07-110 §1, 8-14-2007]
To ensure compliance, the department has the authority to perform
inspections, investigations, reviews and other actions as necessary.
[Ord. No. 07-110 §1, 8-14-2007]
A.
Regulated Commercial Premises. Upon presenting proper identification,
authorized representatives of the department may enter upon the premises
of properties regulated by the department to perform routine inspections
to ensure compliance with this Chapter.
B.
Consent By License Or Permit. The department may require
licensees or permitees to consent to access for inspections as part
of their license or permit. Failure to allow access for inspections
as set out in the license or permit may result in the suspension or
revocation of the license or permit.
C.
Every
tanning center shall display without obstruction in a conspicuous
place designated, designed and supplied by the department:
1.
Notice stickers/placards that inform the public that the establishment
is subject to inspection by the department.
2.
Sign giving information on filing a complaint about the sanitation
of the shop and practitioner with the department.
3.
Notification to the public that the most recent inspection report
and current cleaning schedule records are available for public viewing.
[Ord. No. 07-110 §1, 8-14-2007]
The department will charge a follow-up fee to a tanning facility permit holder when conditions found during an inspection require a follow-up inspection to ensure compliance. The fee for a tanning facility follow-up inspection is found in Article XV of this code.
