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<br />01/02/2008 09:29 AM <br /> <br />Cltv of Fargo - Commission <br /> <br />7/9 <br /> <br /> 'I <br /> [; <br />2 :\ <br />I, <br />3 I <br />i <br />4 <br />5 <br />6 i: <br />: <br />7 <br />8 <br />9 <br /> <br />10 1 <br />11 I <br />:\ <br />12 I. <br />13 ';1 <br />14 'I <br />15 I <br />16 \ <br />I <br />I <br />17 '\ <br />181. <br /> <br />19 !1 <br />I' <br />20 :1 <br />I <br />21 Ii <br />II <br />22 II <br />I: <br />23 il <br /> <br />OFFICE OF THE CITY ATTORNEY <br />FARGO, NORTH DAKOTA <br /> <br />ORDINANCE NO. <br /> <br />K. A statement obtained as required Section under 25-361 O(B)( 1) must be retained <br />by the owner for a period of three years unless it is replaced by a new stich <br />statement prior to the expiration of such three years. <br /> <br />25-3612. Duties of user. A userofa tanning facility shall comply with the following: <br />A. Before a user's first use of a tanning facility in a year, the user shall sign a <br />statement acknowledging that the customer has read and understands the notice <br />required by Fargo Municipal Code section 25-3607 and the warning sign <br />required by Fargo Municipal Code section 25-3608 and specifying that the <br />customer agrees to use food and drug administration-approved protective <br />eyewear . <br />B.. Use food and drug administration-approved protective eyewear at all times <br />while using a tanning device. <br /> <br />25-3613. Reports of injury. <br />A. Injury by customer--duty of owner to report. If a customer of a tanning facility <br />reports to that facility a sunburn injury resulting from the use of a tanning device <br />of the facility, the owner shall provide the customer with written infonnation on <br />how to report the alleged injury to the state department of health. <br />B. Health care provider's duty to report. If a health care provider treats a patient for <br />a sunburn injury and determines, in the exercise of professional judgment, that the <br />injury occurred as a result of using a tanning device at a tanning facility, the <br />health care provider shall report the circumstances of the injury to the state <br />department of health. As provided by N.D.C.C. section 23.39-06 a health care <br />provider making or not making a report in good faith pursuant to this section is <br />immune from liability for making or not making a report. <br /> <br />25-3614. Authority of public health department to promulgate regulations.--Regulations <br />creating minimum standards for tanning facilities pertaining to the preparation and care of the <br />equipment, education and information for prospective clients, professional standards for the <br />tanning facility attendants, operators and technicians, sanitation procedures, requirements for <br />single use items, maintenance and retention of records of tanning clients, and requirements for <br />posting of notices and information regarding tanning facilities may be adopted by the Board of <br />City Commissioners. Upon adoption thereof, notice of such regulations shall be published in a <br />newspaper of general circulation within the city of Fargo. as provided by section 13-0105 of the <br />Fargo Municipal Code. A copy of such regulations shall be provided to all tanning facilities so <br />that they may be read by users and by attendants, operators and technicians of a tanning facility. <br /> <br />7 <br />