Definitions

The terms used throughout this article have the same meaning as in North Dakota Century Code chapter 23-39 except: 1. "Applicant" means any person who applies to the department for a license to operate a tanning facility. 2. "Customer" means any member of the public who is provided access to a tanning device in exchange for a fee or other compensation, or any individual who, in exchange for a fee or other compensation, is afforded use of a tanning device as a benefit of membership in or access to a health club, condominium ownership, apartment complex activity center, hotel or motel room rental, or other offer. 3. "Department" means the department of health and human services. 4. "Operator" means an individual designated by the licenseholder to manage the tanning facility and to assist and instruct the public in the correct operation of the tanning devices. 5. "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group or agency, or a representative or agent of any of these. 6. "Protective eyewear" means any apparatus designed to be worn over the eyes by a user of tanning devices which absorbs all UV-A, UV-B, and visible light up to five hundred nanometers but permits sufficient light to pass through to allow a user to safely negotiate obstacles, and that complies with the standards set forth in 21 CFR 1040.20. 7. "Radiation" means ultraviolet radiation. 8. "Ultraviolet radiation" means electromagnetic radiation with a wavelength in air of two hundred to four hundred nanometers. 9. "UV-A" means ultraviolet radiation having a wavelength in air of three hundred twenty to four hundred nanometers. 10. "UV-B" means ultraviolet radiation having a wavelength in air of two hundred ninety to three hundred twenty nanometers.