1. Fargo Cass Public Health-tanning parlor regulations

01/02/2008 09:29 AM Ii I 2 I I 3 4 5 I 6 7 8 9 10 J 1 12 1311 14 ' ! 15 . 16 il Ii 17 ;1 'I 'I 18 .; 19 , ,1 20 I! 21 \1 \ 22 'I 23 II Cltv of F.rso - Commission 3/9 OFFICE OF THE CITY A TIORNEY FARGO, NORTH DAKOTA ORDINANCE NO. 7. "Protective eyewear" means any apparatus designed to be worn over the eyes by a user of tanning devices which absorbs all UV-A, UV-B and visible light up to 500 nanometers but permits sufficient light to pass through to allow a user to safely negotiate obstacles, and that complies with the standards set forth in 21 CFR 1040.20. 8. "Radiation" means ultraviolet radiation. 9. "Tanning device" means a device that emits electromagnetic radiation having wavelengths in the air between two hundred and four hundred nanometers and which is used for tanning of human skin and any equipment used with that device. including food and drug administration-approved protective eye wear, timers, and handrails. The term does not include a phototherapy device used by a physician. 10. "Tanning facility" means a place or business that provides individuals access to a tanning device. 11. "Ultraviolet radiation" means electromagnetic radiation with a wavelength in air of 200 to 400 nanometers. 12. "UV-A" means ultraviolet radiation having a wavelength in air of 320 to 400 nanometers. 13. "UV-B" means ultraviolet radiation having a wavelength in air of 290 to 320 nanometers. 25-3602. Operation of tanning facility--pennit required. No person may operate a tanning facility within the city of Fargo without a permit issued by the public health department. This provision applies to all persons who possess or operate tanning devices which are made available to the public for the purpose of artificial light skin tanning, including tanning devices offered for use as part of a membership or premium offer in a health club, condominium, apartment complex activity center, hotel or motel rental. 25-3603. Regulation, inspection and enforcement by public health department.--In order to provide for the public health and safety, the public health department shall have authority to regulate and enforce the provisions stated herein concerning the use, operation and maintenance of tanning facilities within the jurisdiction of such department. The public health department shall have authority to enter upon the premises of a tanning facility and to inspect or cause to be inspected all tanning facilities as often as is necessary to confirm compliance with the provisions of this article. In the event of a failure to comply with the provisions of this article. after due notice thereof, the public health department shall have the power to abate or cause a suspension of the use of the tanning facility until such time as the same is, in the opinion of the public health department, no longer a hazard to public health or safety. 3