§ 177.07 Enforcement.
RCNY § 177.07
(a)Inspections. Each operator will allow the Department to inspect the tanning facility, its equipment and records when the facility is doing business.
(b)Inspection reports. The tanning facility will maintain the inspection report provided by the Department in its records until its next inspection.
(c)Public health hazards. Where one or more of the following public health hazard conditions exists, the Department will order immediate correction, or may order the facility, or any portion of it, to immediately close. Any facility that is ordered to close may not reopen until the hazardous condition(s) that were the basis of the order are corrected to the satisfaction of the Department. Public health hazards that may result in an order to immediately close are: (1) Wiring or electrical system components that have not been maintained, such that an imminent fire or shock hazard exists; (2) Any ultraviolet radiation device that is not adequately labeled; (3) Any ultraviolet radiation device that is not being operated in accordance with its label, FDA-certified manufacturer's recommendations and operating manual, or any provision of this Article; (4) Failure to assure and maintain the accuracy of ultraviolet radiation device timers; (5) Failure to ensure that patrons possess adequate protective eyewear; (6) Failure to provide adequate sanitizing of tanning beds, tanning booths, pillows or headrests; or inadequate disinfection of reusable protective eyewear; (7) Failure to provide timer lockout or remote timer controls; or (8) Any other condition determined by the Department to be an imminent risk to the public's health and safety.
(d)Violations and penalty. In lieu of revoking, suspending or annulling a permit, the Department may assess a civil penalty of two hundred fifty dollars for any violation of this Article. (Amended City Record 11/4/2022, eff. 12/4/2022)
