Section 795.150  Construction and Operation of Tanning Facilities

Unless otherwise ordered or approved by the Department, each tanning facility shall be constructed, operated, and maintained to meet the following minimum requirements:

a)         Physical facilities

1)         The following warning sign, provided by the Department, shall be conspicuously posted in the immediate proximity (within 3 feet) of each piece of tanning equipment; it shall be readily legible, clearly visible, and not obstructed by any barrier, equipment, or other item so that the user can easily view the warning sign before energizing the ultraviolet light generating equipment:

Danger – Ultraviolet Radiation. (This indented heading must be in upper case letters.)

•    Follow instructions.

•    Avoid too frequent or lengthy exposure.  As with natural sunlight, exposure to a sunlamp may cause eye and skin injury, sunburn and allergic reactions. Repeated overexposure may cause chronic damage characterized by wrinkling, dryness,  premature aging of the skin, and skin cancer.

•    Wear protective eyewear.

•    Failure to use protective eyewear may result in severe burns or long-term injury to the eyes.  (This sentence must be in upper case letters.)

•    Ultraviolet radiation from sunlamps enhances the effects of the sun.  Do not sunbathe before or after exposure to ultraviolet radiation.

•    Abnormal or increased skin sensitivity or burning may be caused by certain foods, medications (including, but not limited to tranquilizers, diuretics, antibiotics, high blood pressure medication, birth control pills, and skin creams), cosmetics or toiletries.  Consult a physician or pharmacist before using a sunlamp if you are using prescription or non-prescription medications, have a history of skin problems, or believe yourself especially sensitive to sunlight. Pregnant women and women on birth control pills who use a tanning device may develop discolored skin.

•    If you do not tan in the sun, you are unlikely to tan from the use of this product.

•    Use of a tanning device may not provide a protective base in regards to sun exposure.

2)         The lettering on each warning sign shall be at least ⅜ inches high for all words shown in capital letters and at least ³/₁₆ inches high for all lower-case letters.

b)         Requirements for Tanning Devices

1)         Only tanning equipment manufactured in accordance with the provisions set forth in the Code of Federal Regulations (CFR) 21 CFR 1040.20, entitled "Sunlamp products and ultraviolet lamps intended for use in sunlamp products," shall be used in tanning facilities.

2)         Each piece of tanning equipment shall have a timer which complies with the requirements of 21 CFR 1040.20(c)(2).  The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time.  No timer interval shall have an error greater than plus or minus 10% of the maximum timer interval for the product.

3)         Each piece of tanning equipment shall incorporate a control on the device to enable the consumer to manually terminate radiation without physically disengaging the electrical power or having contact with the ultraviolet lamp or lamp sockets.

4)         All tanning equipment electrical circuits shall be listed by the Underwriters Laboratory (UL) or its equivalent.

5)         Tanning equipment shall meet the requirements of the National Fire Protection Association's National Electrical Code and shall have been inspected and have satisfied all the local electrical code requirements.

6)         There shall be physical barriers to protect consumers from injury induced by touching or breaking the lamps.  Each ultraviolet lamp shall be shielded to prevent contact with the consumer.  Plastic sheaths inserted over individual lamps are not acceptable physical barriers to ensure that consumers do not come into contact with lamps.

7)         Each tanning facility shall be so equipped to dissipate heat that the ambient temperature does not exceed one hundred degrees Fahrenheit (100° F.) or thirty-eight degrees Celsius (38° C.).

8)         Defective or burned-out lamps, bulbs or filters shall be replaced with a type of the same spectral ultraviolet distribution intended for use in that device as specified on the product label on the tanning equipment, or, with lamps or filters that have been determined to meet the requirements and specifications as being "equivalent" in accordance with 21 CFR 1040.20.

9)         Floors in rooms containing tanning equipment are to be constructed of nonabsorbent, easily cleanable materials.  New tanning facilities shall not include carpeting in rooms containing tanning equipment.  Existing facilities with carpeting in rooms containing tanning equipment shall remove the carpeting from such rooms whenever the facilities are extensively remodeled.