[HISTORY: Adopted by the City of Norwalk Common Council 10-18-2011. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Tanning
Facility Ordinance."
A.
Exposure to ultraviolet radiation from artificial tanning devices
can exceed 15 times the amount of normal exposure to the sun. Many
physicians and scientists now warn that the risks associated with
sun tanning are greater when tanning with artificial ultraviolet light.
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.
B.
Artificial tanning device users may be unaware of and lack access
to information that they may experience a heightened photosensitivity
to artificial tanning as a result of the use of certain medications,
cosmetics, and foods that are photosensitizing, which means that in
some people they react unfavorable with ultraviolet light to produce
skin rashes or burns.
C.
Unregulated tanning facilities may fail to establish basic sanitary
precautions against the transmission of communicable skin disorders,
may fail to protect users from either direct contact with bulbs or
from shards of glass if a bulb explodes, and may fail to provide users
with appropriate health or physical safety information.
D.
It is hereby resolved that the business of operating tanning facilities
as defined herein is a business affecting the public health, safety,
and general welfare, and in order to protect the public, oversight
by the Norwalk Health Department is reasonable and desirable.
For the purposes of this chapter, the following words, terms
and phrases shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Any equipment that emits ultraviolet radiation with wavelengths
in the air between 200 and 400 nanometers and that is used for the
tanning of human skin, including, but not limited to sunlamps, tanning
beds, and tanning booths.
The Board of Health of the City of Norwalk.
The Department of Health of the City of Norwalk.
The Director of Health of the City of Norwalk.
A piece of equipment that emits ultraviolet radiation and
that is used by or under the supervision of a licensed health care
professional in the treatment of disease.
Any place of business that provides persons access to any
artificial tanning device.
Electromagnetic radiation with wavelengths in the air between
200 and 400 nanometers.
A.
This chapter shall not apply to a phototherapy device used by or
under the direct supervision of a licensed physician who is trained
in the use of phototherapy devices.
B.
Nothing in this chapter shall be construed to mean that the Department
endorses any type of artificial tanning device, any location of such
devices, any business which provides artificial tanning devices for
use by the public, or the use of any such devices.
The Director of Health, in consultation with the Board, may
make and enforce reasonable rules and regulations not in conflict
with, but to carry out the intent of this chapter. The Director of
Health shall, upon making any regulation or rule, file a copy of said
rule or regulation with the City Clerk.
A.
No tanning facility having a permanent location shall be relocated,
constructed, remodeled or extensively altered, nor shall a structure
be converted to use as a tanning facility, except in accordance with
the specifications and standards approved by the Norwalk Board of
Health.
B.
Properly prepared plans drawn to a scale of not less than 1/4 inch:
one foot, and specifications for such construction, remodeling or
alteration shall be submitted to the Director of Health, or authorized
agent, for review and approval before relocation, construction, remodeling,
alteration, or conversion is begun. The plans and specifications shall
indicate the proposed layout, arrangement and construction materials
of work areas and the type and model of proposed fixed equipment and
facilities. The plans and specifications shall be submitted with forms
furnished by the Director of Health. The Director of Health shall
approve the plans and specifications if they comply with all applicable
federal, state and local laws and regulations.
C.
Prior to the tanning facility's opening, the Director of Health,
or authorized agent, shall conduct a preoperational inspection to
determine compliance with the approved plans and specifications.
A.
No person shall maintain or operate a tanning facility without first
having obtained a permit from the Director of Health.
B.
The Director of Health shall establish procedures for the issuance
and annual renewal of permits.
C.
Each applicant for a permit to operate a tanning facility shall file
an application with the Director of Health and shall pay an annual
permit fee in an amount set by the Board and approved by the Common
Council. Such fees shall not be refundable.
D.
No permit shall be issued or renewed until a completed application
has been submitted, the permit fee has been paid and the applicant's
tanning facility meets the requirements set forth in this Code and
all other applicable federal, state and local laws and regulations.
Upon denial of an application for a permit, the Director of Health
shall notify the applicant in writing of such denial by mailing a
notice to him/her at the address shown on his/her application.
E.
Any permit issued under this chapter shall be valid until the next
renewal date unless suspended or revoked. Permits shall expire on
May 1 of each year.
F.
Applications for renewal of a permit shall be in the form prescribed
by the Director of Health. Each application for renewal shall be accompanied
by a nonrefundable fee in the amount set by the Board of Health and
approved by the Common Council. The Director of Health shall renew
each permit upon making findings as required for the issuance of the
original permit.
G.
Any permit to operate a tanning facility may be revoked or suspended
by the Director of Health for any of the following reasons:
(1)
In the event that the Director of Health or authorized agent finds
unsanitary conditions in the operation of a tanning facility, or a
violation or a set of violations, the Director of Health may immediately
issue a written notice to the permit holder or person in charge citing
such conditions, specifying the corrective action to be taken and
time frame within which action shall be taken. If correction is not
made in the allotted time, the permit may be revoked or suspended.
(2)
If the permittee submits false, incomplete, or misleading information
required by this chapter.
H.
(Reserved)
I.
The Director of Health may revoke or suspend any permit issued pursuant
to this chapter in accordance with the following procedure:
(1)
The Director of Health may revoke or suspend any permit issued under
this chapter by notifying the permit holder in writing of such revocation
or suspension, and the reasons therefor, and informing the permit
holder of his or her right to request a hearing before the Board of
Health and the procedure for such hearing, including all procedural
deadlines. An opportunity for a hearing will be provided if a written
request for hearing is filed with the Director of Health by the holder
of the permit within 10 days.
(2)
The Director of Health shall schedule the hearing before the Board
of Health and shall notify the permit holder of the date, time and
place of the hearing.
(3)
The Board of Health shall render a written decision on the appeal
and said decision shall state whether the appeal is dismissed or sustained,
the facts and circumstances found to support the decision, and shall
state the relief.
(4)
A request for a hearing under this section shall stay any revocation
or suspension until such time as a hearing has been held and a decision
rendered thereon; provided, however, that if the Director of Health
shall find that the public health, safety or welfare requires emergency
action and incorporates a finding to that effect in the notice of
revocation or suspension, the permit may be suspended immediately.
J.
The Director of Health may suspend, without warning, prior notice
or hearing, any permit to operate a tanning facility:
A.
The Director of Health or his or her designee shall at least annually
make an inspection of each tanning facility operating within the City
of Norwalk for the purposes of determining that the provisions of
this chapter are complied with. Such inspections shall be at a reasonable
time, in a reasonable manner.
B.
The Department shall have the authority to investigate complaints
regarding any injury, accident, or the unsafe operation of a tanning
facility or artificial tanning device.
Except as otherwise noted by the Director, each tanning facility
shall be constructed, operated and maintained in accordance with all
applicable federal, state, and City of Norwalk laws and regulations.
The owner shall provide and maintain such general sanitation
and cleaning of equipment as required by the Director of Health.
A.
A tanning facility shall not allow a person under 16 years of age
to use an artificial tanning device.
B.
A tanning facility shall not allow any person from 16 to 18 years
of age to use an artificial tanning device unless that person's
parent or legal guardian provides consent. For purposes of this subsection,
"consent" means that the parent or legal guardian appears in person
at the minor's initial use of an artificial tanning device within
a consecutive twelve-month period and signs a written consent form
in the presence of the owner or operator of the facility. The minor's
parent or legal guardian may withdraw this consent at any time. Unless
so withdrawn, this consent shall be valid for 12 months from the date
the written consent form is signed and may be renewed annually in
accordance with this subsection. The written consent form required
by this subsection shall state that the parent or legal guardian has
read and understood the warnings given by the tanning facility, consents
to the minor's use of an artificial tanning device, and agrees
that the minor will use the protective eyewear that the tanning facility
provides.
C.
No tanning facility shall claim or distribute promotional materials
that claim that the use of an artificial tanning device is safe and
free from risk.
No permit shall be transferable; provided, however, that upon
the death or incapacity of the permit holder, the tanning facility
may continue in business for a period of up to 90 days to allow for
an orderly transfer of the business to a successor permit holder.
Violations of this chapter shall be subject to a fine in the
amount of the maximum allowed by the Connecticut General Statutes
for violations of municipal ordinances. Each violation of this chapter
shall be considered a separate offense, and any violation continuing
more than one day of time shall be considered a separate offense for
each day of violation. Nothing contained in this section shall be
deemed to limit any remedy the City may have for the enforcement of
this chapter.
The provisions of this chapter shall be enforceable by the Director
of Health or his or her designees.
