[Ord. No. BH1/4/06]
This chapter may be cited as the "Tanning Facilities Ordinance
of the Township of West Caldwell."
[Ord. No. BH1/4/06]
Wherever used in this chapter, the following terms shall have
the following meanings:
Shall mean any enclosed or semi-enclosed area or room, containing
one or more ultraviolet lamps, intended for irradiation of any part
of the human body to induce skin tanning.
Shall mean any commercial enterprise or facility containing
one or more tanning booths, provided that this definition shall not
include any hospital, clinic or other medical facility wherein ultraviolet
radiation is or may be used, under the supervision of a trained medical
staff, for the diagnosis or treatment of disease.
[Ord. No. BH1/4/06]
a.
No person shall establish, maintain or operate a tanning facility
in the Township of West Caldwell without first having obtained from
the Board of Health a license to do so. Such license shall be posted
in a conspicuous location near the public entrance of the tanning
facility.
b.
A person owning a tanning facility operating at the time of enactment
of this chapter shall apply to the Board of Health for licensure within
30 days following the effective date of this chapter.
c.
A person owning a tanning facility established after the effective
date of this chapter shall apply for a license no later than 10 days
prior to commencing operation of the tanning facility.
d.
A person purchasing a tanning facility after the effective date of
this chapter shall apply for a new license no later than 10 days prior
to commencing operation under new ownership. Operators of licensed
tanning facilities are required to notify the Board of Health of the
impending sale of the tanning facility no later than 30 days prior
to the sale.
[Ord. No. BH1/4/06]
No license shall be issued or renewed unless the following requirements
are met to the satisfaction of the Health Officer:
a.
Application for a license shall be on forms approved by the Board
and include payment of the required fee.
b.
The applicant shall submit interior design and floor plans for the
tanning facility to the Board for approval.
c.
The tanning facility shall be inspected and found to be in compliance
with the requirements of this chapter.
d.
A telephone posted with the emergency number "911" and the Health
Officer's number shall be made easily accessible for both patrons
and employees for emergency use.
[Ord. No. BH1/4/06]
No license shall be issued or renewed unless the tanning facility
complies with the following standards:
a.
Each tanning booth shall have a prominently displayed warning that
states: "DANGER - ULTRAVIOLET RADIATION. FOLLOW INSTRUCTIONS. As with
natural sunlight, overexposure 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 unit if taking any medication or if you believe
yourself sensitive to sunlight."
b.
Each tanning booth shall be provided with physical aids, such as
handrails or floor markings, to ensure the user is kept at the proper
exposure distance.
c.
Each tanning booth shall be equipped with an approved timing device,
used to control exposure duration, which shall have a minimum accuracy
of plus or minus 10%. The timing devices shall be controlled either
by the facility attendant or by automatic means that prevent user
access to controls.
d.
Tanning booths shall, at all times, be maintained at an ambient temperature
of 100° F. (38° C.) or less. Adequate ventilation shall be
provided at all times of operation to ensure comfortable temperatures
and humidity.
e.
Electrical hazards in the tanning booths shall be minimized, and
all electrical work shall conform to applicable electrical codes and
standards.
f.
Tanning booth design and construction shall be adequate to resist
collapse due to the impact of a falling person.
g.
Floors, wall and ceilings of tanning booths shall be kept neat, clean
and free of debris. Floors and walls shall be kept dry at all times
and shall be constructed of durable, easily cleaned material.
h.
Ultraviolet lamps shall be protected from breakage with physical
barriers such as heavy wire grids, ultraviolet transmitting plastics
or the like. Protection shall be sturdy enough to withstand the impact
of a falling person.
i.
Tanning booth access doors shall be designed to facilitate rapid
entrance into or exit from said units. Doors shall open outwardly.
[Ord. No. BH1/4/06]
No license shall be issued or renewed unless the tanning facility
complies with the following standards:
a.
Prior to initial exposure, each customer shall be provided the opportunity to read a copy of the warning specified in Section BH12-5a above.
b.
At each visit, customers shall be provided, free of charge, with
sanitary eyewear that will protect eyes from ultraviolet radiation
and allow adequate vision necessary to maintain balance or to effect
quick, safe exit from unit. Reusable eyewear shall be sanitized by
complete immersion for at least one minute in an approved sanitizing
solution (100 parts per million chlorine or the equivalent), then
wiped dry with a disposal, single-use paper towel. Individually maintained
goggles are an acceptable alternative.
c.
All towels and other linens provided to consumers shall be properly
laundered and sanitized in an approved manner between each use. Soiled
towels and linens shall be stored in a durable, washable and lidded
container until removal for laundering.
d.
Tanning booths or other tanning components that permit direct contact
with human skin shall be properly sanitized between each use. Each
room in which a tanning booth is located shall be supplied with a
disinfectant spray and disposable towels, as well as receptacles for
such towels. A sign shall be posted at each location where cleaning
supplies are provided notifying customers of the availability and
intended use of these supplies.
e.
Tanning facilities shall maintain complete and accurate contact information
for all customers. Contact information shall include the name, address,
and telephone number of the customer and an emergency contact.
f.
Persons under the age of 14 shall not be permitted to use any tanning
facility.
g.
Persons at least 14 but less than 18 years of age shall not be permitted to use any tanning facility without initial accompaniment by, and written authorization of, a parent or legal guardian. The parent or legal guardian shall have been provided the basic information required in Section BH12-5a above.
h.
The tanning facility operation shall post a sign in conspicuous view
at or near the reception area which states: "PERSONS UNDER AGE 14
SHALL NOT BE PERMITTED TO USE THIS TANNING FACILITY. PERSONS BETWEEN
14 AND 18 YEARS OF AGE SHALL NOT BE PERMITTED TO USE THIS TANNING
FACILITY WITHOUT WRITTEN AUTHORIZATION OF A PARENT OR LEGAL GUARDIAN."
[Ord. No. BH1/4/06]
a.
Rules applicable to food service, milk and water supply include:
b.
Drinking fountains, if provided, shall be constructed of impervious
material and have an angle jet with a nozzle above the overflow rim
of the bowl. The nozzle shall be protected by a nonoxidizing guard.
The bowl shall be of easily cleanable design, without corners, and
the bowl opening shall be equipped with a strainer. Waste water from
the bowl shall be discharged to a suitable drain by means of a pipe
with a suitable air gap.
[Ord. No. BH1/4/06]
Swimming pools and spas shall conform to municipal ordinances,
state statutes, and Chapter IX of the State Sanitary Code, entitled
"Public Recreational Bathing" (N.J.A.C. 8:26).
[Ord. No. BH1/4/06]
Health clubs shall conform to the requirements of Section BH11-1, et seq., and any other applicable municipal ordinances, state statutes and/or regulations.
[Ord. No. BH1/4/06]
The application fee for a license, new or renewal, shall be
$75 plus $10 per tanning booth for a one year period beginning January
1 and ending December 31. License application fees are nonrefundable.
All licenses shall expire on December 31 of the year of issue. All
applications for the renewal of licenses and the required fees must
be received by the Health Officer no later than December 31 of the
year in which the current license shall expire.
[Ord. No. BH1/4/06]
The Health Officer shall provide the holder of the license with written notice of any violations of the provisions of this chapter. The notice shall specify the violations found, the required remedial action, and a reasonable time period to correct or abate such violations. If the violations are not corrected or abated within the time set forth in the notice, the license may be suspended or revoked after an opportunity has been afforded to the license holder for a hearing before the Board pursuant to Section BH12-13.
[Ord. No. BH1/4/06]
a.
No variation from any of the provisions of this chapter shall be
permitted except as elsewhere provided herein.
b.
Section BH12-4b shall not apply to tanning facilities that were constructed prior to the effective date of this chapter. Any alterations of any tanning facility shall be made in accordance with the applicable provisions of these rules, and at the discretion of the Health Officer, acting on behalf of the Board.
[Ord. No. BH1/4/06]
Any person aggrieved by any administrative decision of the Health
Officer pursuant to this chapter, including the denial of a license,
the refusal to renew a license, or the suspension of a license, shall
have the right to appeal such decision to the Board at its next regularly
scheduled meeting. For such appeal, the Health Officer or his designee
shall present evidence supporting the decision made by the Health
Officer, and the aggrieved party shall present evidence opposing the
decision of the Health Officer. After reviewing all competent evidence
presented, the Board, by a majority vote, shall then affirm, reverse
or modify the decision of the Health Officer. On all appeals, the
decision of the Board shall be final.
[Ord. No. BH1/4/06]
a.
Whenever additional inspections are necessitated by reason of classification
of a tanning facility as unsatisfactory (beyond one initial inspection),
the license holder shall reimburse the Board for the cost of each
such inspection in the amount of the original license fee applicable
to the premises.
b.
For any violation of any provision of this chapter, the following
shall apply:
1.
For any violation of any provision of this chapter, the Health Officer
or his designee or any other law enforcement officer shall issue a
summons and complaint, in usual form, returnable in the Municipal
Court of the Township of West Caldwell or such other court as may
be permitted by law.
2.
Upon conviction, any person who violates any provision of this chapter
shall be subject to a fine of not less than $50 nor more than $1,000
for the first offense, and a fine of not less than $50 nor more than
$1,000 and imprisonment for 90 days for the second and subsequent
offenses, or the maximum penalties otherwise permitted by law.
3.
In addition to any other penalties imposed, upon conviction, any
person who violates any provision of this chapter may have its license
suspended.
c.
Each day (consisting of a twenty-four-hour period beginning at 12:01
a.m.) during which a continuing violation of this chapter subsists
shall constitute a separate violation and shall incur the penalties
set forth herein.
