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Ohio Laws and Rules
All tanning services provided by ultraviolet means for public consumption as defined in section 4713.25 of the Revised Code shall be performed in facilities duly approved and issued a permit by the “Board”. Tanning permits are non-transferable. Tanning beds in residences used soley by the immediate family do not require a license.
R.C. 119.032 review dates: 12/23/2005 and 01/31/2010
Promulgated Under: 119.03
Statutory Authority: RC 4713.08
Rule Amplifies: RC 4713.41
Prior Effective Dates: 9/5/77, 12/17/89, 1/26/97
As used in Chapter 4713-19 of the Administrative Code:
(A) “Consumer” or “Patron” means any member of the public who is provided access to a tanning facility for free or in exchange for a fee or other compensation or any individual who, is afforded use of a tanning facility as a condition or benefit of membership or access;
(B) “Other compensation” means the payment or exchange of goods, services, or anything of value for use of the tanning facility or facilities;
(C) “Tanning facility” or “tanning facilities” means a business that contains a room or a booth open to the public which houses ultraviolet lamps or products containing such lamps intended for the irradiation of any part of the living human body for cosmetic or nonmedical-related purposes;
(D) “Tanning equipment” means sunlamp products, and ultraviolet lamps or any other mechanisms used intended to induce skin tanning through the irradiation of any part of the living human body;
(E) “Operator” and “Employee” means any person designated by the permit holder for the facility to assist and instruct the public in the correct operation of the tanning facility; an “operator” or “employee” who is under the age of eighteen shall be under the immediate supervision of a licensed cosmetologist, “operator” or “employee” who is at least eighteen years of age;
(F) “Ultraviolet radiation” for purposes of this chapter shall be referred to as follows:
(1) “UVA (ultraviolet A) radiation” means radiation in the wavelength between three hundred twenty to four hundred nanometers (one-billionth).
(2) “UVB (ultraviolet B) radiation” means radiation in the wavelength between two hundred eighty to three hundred twenty nanometers (one-billionth).
(3) “UVC (ultraviolet C) radiation” means radiation in the wavelength between two hundred and two hundred eighty nanometers (one-billionth).
(G) “Formal training” means a course of instruction approved by the “Board” conducted or presented under either classroom conditions, via Internet or correspondence course by a company employing persons possessing adequate knowledge and experience to offer a curriculum, associated training, and certification testing pertaining to and associated with the correct use of tanning equipment. Training shall cover ultraviolet radiation and effects on the skin, photosensitivity, skin typing, FDA and state regulations, eye protection, and equipment and maintenance.
(H) “Tanning Operator’s Certificate” means a certificate issued by an authorized provider to each person who successfully completes and passes the tanning test following a formal training course and is valid for four years from the date of issuance. Certificates issued by subsequently approved authorized providers prior to the commencement of this requirement shall also be valid.
R.C. 119.032 review dates: 12/23/2005 and 01/31/2010
Promulgated Under: 119.03
Statutory Authority: RC 4713.08
Rule Amplifies: RC 4713.48
Prior Effective Dates: 12/17/89, 1/26/97, 8/1/99, 4/1/01, 1/17/02
All tanning permit applications must contain a check payable to the “Treasurer of State of Ohio” in the following amounts:
(A) Original permit fees are sixty-five dollars.
(B) Renewal permit fees are fifty dollars.
R.C. 119.032 review dates: 12/23/2005 and 01/31/2010
Promulgated Under: 119.03
Statutory Authority: RC 4713.08
Rule Amplifies: RC 4713.48
Prior Effective Dates: 1/8/85, 12/17/89, 12/26/97, 7/1/00
No tanning equipment shall be installed in any tanning facility, unless the equipment and facilities have been found to be in compliance with the following standards:
(A) Each tanning bed shall be located in a separate room with a lockable door to provide privacy;
(B) Each sunlamp product shall incorporate a timing device with multiple timer settings adequate for the manufacturer’s recommended exposure intervals to produce the expected results;
(C) Each assembly of tanning equipment shall be equipped with a timer which complies with the requirements of 21 CFR part 1040, Section 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 exceeding plus or minus ten per cent of the maximum timer interval for the product. After April 1, 2001 each new tanning facility shall install remote timer controls such that clients who are tanning can not reset the timer from inside the tanning room/booth. All existing permit holders shall have remote timers installed within one hundred eighty days of the effective date of this rule;
(D) Each sunlamp product shall incorporate a control on the product to enable the user to manually terminate radiation without pulling the electrical plug or coming in contact with the ultraviolet lamp;
(E) The permit holder shall provide protective eyewear to each consumer for use during any use of tanning equipment. This protective eyewear shall meet the requirements of 21 CFR part 1040, Section 1040.20(C)(5). The permit holder shall ensure that the protective eyewear required by this rule is properly sanitized before each use, is not altered in any way, and shall not rely upon exposure to the ultraviolet radiation produced by the tanning equipment itself to provide such sanitizing and be adequate for the protection of the consumer’s eyes;
(F) Each ultraviolet lamp contained within the sunlamp product shall be shielded so as to not come into any contact with the user. Two one-piece transparent covers, top and bottom, shall be used for this purpose and the covers shall not contain cracks or breaks in their surfaces;
(G) Each booth-type sunlamp product shall provide a handrail for use during operation of the tanning facility. Each tanning facility shall have, clearly marked, the appropriate position the user is to assume prior to operation and comply with all other applicable statutes and rules governing tanning equipment. Each booth must be housed in a separate room unless the booth also incorporates a dressing area in its design;
(H) Each sunlamp product shall prominently display the following label:
“Danger – ultraviolet radiation. Follow instructions carefully. Do not enter without protective eyewear.”
(I) Each tanning facility shall be so equipped to dissipate heat so that the interior temperature does not exceed one hundred degrees fahrenheit or thirty-four degrees centigrade. Every tanning room within the facility shall have a thermometer mounted at five feet above the floor. Adjacent to the thermometer shall be a sign that states: patrons shall not tan if temperature is at one hundred degrees or higher! Please report excessive heat to the operator immediately;
(J) The permit holder shall replace ultraviolet lamps, bulbs, and filters at such frequency or after such duration of use as may be recommended by the manufacturer of such lamps, or bulbs, or filters; and these items shall be replaced as soon as they become defective or damaged. Only those lamps, bulbs or filters, meeting the requirements of the United States food and drug administration for any particular bed may be used in its operation, and the facility must maintain the manufacturer’s recommendation on file in the facility.
(K) Each tanning bed shall have the UV bulbs installed such that the bulb information is readily available for the Board inspector to verify that information on the bulb matches the manufacturer’s recommended bulb list. For any tanning device that does not meet this requirement the owner shall remove the shielding in order that the inspector can easily verify UV bulb compatibility.
R.C. 119.032 review dates: 12/23/2005 and 01/31/2010
Promulgated Under: 119.03
Statutory Authority: RC 4713.08
Rule Amplifies: RC 4713.48
Prior Effective Dates: 1/8/85, 12/17/89, 2/24/91, 1/26/97, 1/17/02, 1/10/04, 5/1/04
(A) Where applicable, each tanning facility shall have on duty at all times an operator trained per rule 4713-19-14 of the Administrative Code in the correct operation of the facility so as to be able to inform and assist the public in its proper use. Such operator shall be stationed in the immediate vicinity of any such equipment and closely monitor the services being provided to each patron.
(B) Each operator shall perform the following functions as a precondition to access of the tanning facility to the public:
(1) The operator shall provide to each person desiring to use a tanning facility presanitized units and protective eyewear;
(2) The operator shall establish the time period for the initial exposure and each subsequent exposure until the time as the individual has reached their maximum radiation level;
(3) The operator shall instruct the user on the position of the safety railing in booths; and the manual switching device to terminate the radiation in case of an emergency;
(4) The operator shall inspect the facility to ensure that the floors are dry. Floors are to be made dry prior to each individual’s use. Non-absorbent and non-carpeted flooring or rubber or plastic mats shall be in place where the patron enters or exits the bed. These mats shall be sanitized after each patron’s use;
(5) The operator shall post signs, immediately adjacent to each unit of tanning equipment, warning consumers of the potential effects of radiation on persons taking medication and the possible relationship of radiation to skin cancer.
(6) Permit holder shall perform timer checks on beds with mechanical timers every time bulbs are changed, but at least annually and maintain documentation of the timer checks. Timer checks are not required for beds with digital timers.
(C) Each assembly of tanning equipment shall be restricted for use by only one consumer at a time. No person shall be permitted in any room where tanning equipment is operating while someone else is tanning.
(D) Each tanning facility shall have an owner’s manual for each tanning device, which is providing services to patrons.
(E) A written report of any alleged tanning injury shall be forwarded to the “Board” within five working days of its occurrence or knowledge thereof. The report shall include:
(1) The date of alleged injury and name of the affected individual;
(2) The name, location and permit/identification number of the tanning facility involved and the name of the operator who assisted the customer;
(3) The nature of the alleged injury and duration of the tanning exposure;
(4) Name and address of the health care provider, and treatment, if any; and
(5) Information on the device involved, such as the manufacturer, model number, lamp used, and any other information considered relevant to the situation by the “Board”.
(6) A copy of the affected individual’s tanning card or computerized card information.
(F) The most recent “Board” inspection form shall be posted in a publicly conspicuous place adjacent to the facilities license.
(G) The skin type of each patron shall be documented on the tanning record for each individual patron. Only certificated operators shall determine skin type on a new patron’s first visit and determine proper tanning periods and frequency.
R.C. 119.032 review dates: 12/23/2005 and 01/31/2010
Promulgated Under: 119.03
Statutory Authority: RC 4713.08
Rule Amplifies: RC 4713.48
Prior Effective Dates: 1/8/85, 12/17/89, 1/26/97, 4/1/01, 1/17/02
(A) No article or equipment shall be used or offered for use by a patron unless that article has first been sanitized with a viricidally effective product including all eyewear used by the patron.
(B) Walls, floors, and fixtures shall be sanitized and kept clean at all times in the entire tanning facility.
(C) A clean sanitary towel shall be provided to all patrons using tanning facilities. A closed dustproof cabinet must be provided for clean towels, and linen and a covered hamper or receptacle must be provided for all soiled towels and linen.
(D) All tanning facilities shall be equipped with toilet facilities and dressing rooms. Toilet facilities shall include a water closet and hand washing sinks, including hot and cold running water, pump soap, and a paper towel dispenser or equivalent hand drying equipment. All toilet facilities and dressing rooms shall be kept clean, sanitary, and functional at all times.
R.C. 119.032 review dates: 12/23/2005 and 01/31/2010
Promulgated Under: 119.03
Statutory Authority: RC 4713.08
Rule Amplifies: RC 4713.48
Prior Effective Dates: 1/8/85, 12/17/89, 2/24/91, 1/26/97
Every establishment licensed to provide tanning services shall display at its main entrance a sign of appropriate size which will be clearly visible from the street which states “tanning facility” or words having the same meaning, except that in the case of a tanning facility located within a department store, health club or athletic facility or shopping center, the sign may be displayed inside at the entrance to the tanning facility.
R.C. 119.032 review dates: 12/23/2005 and 01/31/2010
Promulgated Under: 119.03
Statutory Authority: RC 4713.08
Rule Amplifies: RC 4713.48
Prior Effective Dates: 1/8/85, 12/17/89, 1/26/97
(A) Tanning facility rooms in a residential building and being used by consumers shall maintain a separate entrance, which shall not open directly into any part of the dwelling including the garage.
(B) Mobile homes, motor homes, trailers or any type of recreational vehicle, shall be permanently set on a foundation and comply with the requirements of Chapter 4713-19 of the Administrative Code, in order for their rooms to be approved for tanning services.
R.C. 119.032 review dates: 12/23/2005 and 01/31/2010
Promulgated Under: 119.03
Statutory Authority: RC 4713.08
Rule Amplifies: RC 4713.48
Prior Effective Dates: 1/8/85, 12/17/89, 1/25/97, 4/1/01
(A) The operator of a tanning facility shall maintain a record for each individual patron which includes dates exposed, length of exposure, and other required data. This record shall be completed and initialed by the patron prior to each tanning session, and must be kept on file for one year from the date of the patron’s last exposure. The record shall include the following:
(1) Date of most recent exposure to UVA/UVB;
(2) Acknowledgment that the patron has reviewed the photosensitive drug list;
(3) Acknowledgment of receipt of protective eyewear;
(4) Acknowledgment that the patron has been advised of maximum exposure time for the session in the unit to which the patron has been assigned;
(5) This record shall also include the following warning: “some harmful changes which may be caused by repeated overexposure to UVA/UVB radiation include cataracts, skin cancer, premature aging and possible photosensitive reactions when using perfumes, cosmetics and certain drugs, including some antibiotics and birth control pills.”
(6) All customers shall have their skin type computed and annotated on their customer card prior to their first tanning session.
(B) If the patron is under eighteen years of age, the operator shall obtain the written consent from the parent or legal guardian of the patron prior to any tanning session. This written consent shall be signed at the licensed location, and shall specify the number of sessions consented to, and shall become part of the record of the patron. The minor patron may then alone sign the patron card for the remainder of the consented sessions.
(C) Tanning facilities which maintain records on computer or data processing equipment may use a single data sheet for all patrons tanning in a single day provided that the data is then transferred daily to each individual’s permanent file.
R.C. 119.032 review dates: 12/23/2005 and 01/31/2010
Promulgated Under: 119.03
Statutory Authority: RC 4713.08(A)(16)
Rule Amplifies: RC 4713.48
Prior Effective Dates: 1/8/85, 3/16/90, 2/24/91, 1/26/97, 1/17/02, 1/10/04
(A) All tanning facility applications shall indicate in a drawing submitted to the “Board” the following:
(1) The exact location of the tanning facility in relation to any living quarters;
(2) The location of rooms/booths with tanning equipment;
(3) The location of entrance, all doors, and windows;
(4) Walls and partitions shall be non-transparent and of sufficient height and rigidity as to provide proper privacy;
(5) Location of the tanning facility rest room(s).
R.C. 119.032 review dates: 12/23/2005 and 01/31/2010
Promulgated Under: 119.03
Statutory Authority: RC 4713.08
Rule Amplifies: RC 4713.48
Prior Effective Dates: 1/26/97, 4/1/01
Dogs (except dogs providing assistance to individuals with physical handicaps) cats, birds, or other animals shall not be permitted in a tanning facility. This definition does not include fish, in an aquarium, provided they are maintained in a sanitary condition.
R.C. 119.032 review dates: 12/23/2005 and 01/31/2010
Promulgated Under: 119.03
Statutory Authority: RC 4713.08
Rule Amplifies: RC 4713.48
Prior Effective Dates: 1/26/97
Tanning facility licenses are not transferable from one address to another or from one owner to another. A new tanning license application shall be filed within thirty days of any change of ownership. Tanning facilities are permitted to open or offer services while the application is processed and are subject to the “Board’s” approval per rule 4713-1-06 of the Administrative Code. Any tanning facility with an administrative action pending cannot transfer a license until the administrative action is resolved.
R.C. 119.032 review dates: 12/23/2005 and 01/31/2010
Promulgated Under: 119.03
Statutory Authority: RC 4713.08
Rule Amplifies: RC 4713.48
Prior Effective Dates: 4/1/01
Salons that have tanning facilities that are subsequently closed shall remove tanning beds from the view and access of the public.
R.C. 119.032 review dates: 12/23/2005 and 01/31/2010
Promulgated Under: 119.03
Statutory Authority: RC 4713.08
Rule Amplifies: RC 4713.48
Prior Effective Dates: 4/1/01
(A) Each tanning facility shall have an operator on duty at all times that possesses a valid and current certificate of formal training, as defined in rule 4713-19-02 of the Administrative Code. Formal training courses for operators must meet the requirements of paragraph 4713-19-02(G) of the Administrative Code. Proof of training must be maintained within the facility and be available for inspection.
(B) In addition to the requirements of paragraph 4713-19-02(G) of the Administrative Code, each formal training course shall meet the following requirements:
(1) Each course shall be at least four hours in length. This four hours shall not include items such as registration, lunch, marketing, profit-making strategies, advertising and accounting, taking a test, or similar functions:
(2) Each course shall include written material which covers the required subjects, such as core training manual; audio-visual presentations which cover the required subjects, such as slides or videos; copies of the “Board” rules and copies of Title 21, Code of Federal Regulations, Part 1040, Section 1040.20; and a question and answer period for trainees;
(3) Courses may be offered via web based or correspondence course. However, the person taking the course shall take a monitored written examination in order to receive their certificate of completion. The monitoring process for the examination shall be approved by the “Board” as part of the education course approval;
(4) Each course will be processed through the “Board’s” continuing education (CE) process. Individual licensees of the “Board” shall receive CE credit whether or not they pass the test per rule 4713-21-09 of the Administrative Code, however, if they fail the test, they shall not be granted a certified operator certificate.
(C) Each employee who assists customers or operates tanning devices shall be trained on proper operation and maintenance of tanning devices. The operator of the tanning facility is responsible for training those employees or ensuring that those employees take an approved training course. When the operator provides employee training, that training shall include:
(1) Review of the requirements of Chapter 4713-19 of the Administrative Code;
(2) Procedures for correct cleaning, sanitizing and operation of the device;
(3) Recognition of overexposure or similar injury;
(4) Review of manufacturer’s procedures for operation and maintenance of tanning devices;
(5) Medical aspects of ultraviolet radiation, maximum allowable time of exposure, and determination of human skin types as it relates to compliance use of the FDA exposure schedule; and
(6) Emergency procedures in case of overexposure or injury.
(D) Operators and other facility personnel who must comply with the training requirements of this chapter, must complete the required training according to the following:
(1) Operators hired on or after the effective date of this chapter must complete the required training prior to taking charge of a facility;
(2) All Operators hired before the effective date of this chapter shall have a period of one hundred eighty days after the effective date of this chapter to successfully complete the required formal training.
(E) Any individual or organization requesting the “Board” to review their training courses for compliance with the requirements of this rule shall submit copies of their training materials to the “Board” prior to providing that training in Ohio. The materials submitted shall include credentials of trainers and persons compiling the training materials, a copy of the classroom or correspondence course curriculum, copies of written materials to be received by trainees, and a statement indicating the length of time a classroom/Internet/correspondence course will be conducted. The “Board” shall review the materials and inform the applicant of its findings within thirty days from receipt of all training materials. When changes are made to a training course that has been reviewed and accepted by the “Board”, those changes should also be submitted to the “Board” for review.
(F) Inspectors shall have a preset list of questions, which they shall use to ask operators/employees at tanning facilities basic questions covered in the course above.
R.C. 119.032 review dates: 12/23/2005 and 01/31/2010
Promulgated Under: 119.03
Statutory Authority: RC 4713.08
Rule Amplifies: RC 4713.48
Prior Effective Dates: 1/17/02