Iowa Admin. Code r. 641-46.4 - Permits and fees
(1)
Permit to operate . No tanning facility may operate without a
permit issued by the department .
(2)
Application requirements for
permit . Prior to operating a tanning facility , an individual shall:
a. Apply for a permit on forms provided by
the department or board of health , along with a nonrefundable application fee
of $5. A $15 returned check fee will be charged for each check returned for
insufficient funds.
b. Notify the
department in writing within 30 days of any changes, additions, or deletions to
the initial or renewal application as appropriate. This does not include
changes involving replacement of components in tanning
equipment.
(3)
Expiration of permit . Except as provided in paragraph
46.4(4)"b," each permit expires at the end of the specified
day stated therein.
(4)
Renewal of permit .
a.
Permits will be renewed annually upon the department 's receipt of a completed
renewal application and the $5 fee.
b. If the completed renewal is submitted
prior to expiration of the existing permit , the existing permit does not expire
until the application has been finally determined by the department .
c. In addition to any annual fee not paid,
tanning facilities incur a $25 per month fee for failure to pay annual permit
fees starting the month of expiration of the facility 's
permit .
(5)
Transfer or termination of permit . Permits are nontransferable
and must be returned to the department or board of health upon cessation of
operation or change of ownership.
(6)
Denial, revocation, or
termination of permit .
a. The
department may deny, suspend, or revoke a permit for any of the following
reasons:
(1) Submission of false information
to the department , including in a permit application;
(2) Operation of the tanning facility in a
manner that causes or threatens hazard to the public health or
safety;
(3) Failure to allow
authorized representatives of the department or board of health to enter the
tanning facility at reasonable times for the purpose of determining compliance
with the provisions of this chapter, conditions of the permit , or an order of
the department or board of health ;
(4) Failure to pay fees in accordance with
rule 641-46.4 (136D); and
(5) Violation of any of the provisions of
this chapter or Iowa Code chapter 136D.
b. Except in cases where public health and
safety require otherwise, prior to the institution of proceedings for
suspension or revocation of a permit , the department or board of health will
notify the permit holder, in writing, of the facts or conduct warranting such
action and provide an opportunity for the permit holder to demonstrate or
achieve compliance.
c. Any person
aggrieved by a decision by the department to deny, suspend, or revoke a permit
may request a contested case hearing pursuant to 481-Chapter 9.
d. After suspension or revocation, a permit
may be reinstated upon payment of a $50 fee and completion of all other
requirements. This fee is in addition to any other applicable fee.
(7)
Inspections.
a. Inspections will be conducted annually at
the cost of the permit holder. The cost of an inspection is $33 per tanning
device, up to $330 per facility maximum. Inspection costs are due upon receipt
of notice by the facility . Facilities located within a contracted area of a
board of health will be paid to the contracted board of health or its designee.
Inspection costs not received within 45 days of the date of billing will be
assessed a $25 per month penalty for each month or fraction thereof that
payment is delinquent.
b. A penalty
fee of $25 per facility may be assessed for:
(1) Failure to respond to a notice of
violation within 30 days of the date of the inspection .
(2) Failure to correct violations cited
during the inspection .
c.
Inspections include but are not limited to reviewing proper operation and
maintenance of devices, necessary records and training documentation, and
operator understanding and competency.
Notes
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