Construction and Operation of Tanning Facilities

Section 795 Section 795.150  Construction and Operation of Tanning Facilities Each tanning facility shall be constructed, operated and maintained to meet the following minimum requirements: a)         Physical facilities The following warning sign, provided by the Department, shall be conspicuously posted 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 regard to sun exposure. b)         Requirements for Tanning Devices 1)         Only tanning equipment manufactured in accordance with 21 CFR 1040.20, "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 that complies with 21 CFR 1040.20(c)(2).  The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time.  A timer interval shall not have an error greater than plus or minus 10% of the maximum timer interval for the product. 3)         Each piece of tanning equipment shall have a control 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 labeled with the symbol of the Underwriters Laboratory (UL), Electrical Testing Laboratories (ETL), Applied Research Laboratories (ARL) or Canadian Standards Association (CSA) or an equivalent. 5)         Physical barriers shall be in place 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. 6)         Each tanning facility shall be equipped to dissipate heat so that the ambient temperature does not exceed 100° F or 38° C. 7)         Defective or burned-out lamps, bulbs or filters shall be replaced with a lamp, bulb or filter of the same spectral ultraviolet distribution intended for use in that device as specified on the product label on the tanning equipment, or with equivalent lamps, bulbs or filters that have been determined to meet the requirements and specifications of 21 CFR 1040.20. 8)         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 whenever the facilities are remodeled.