Chapter 4713-19 Permit Application and Renewal Procedures for Tanning Facilities

4713-19-01 Necessity of permit.

All services provided by a tanning facility for public consumption as defined in sections 4713.01 and 4713.48 of the Revised Code shall be performed in facilities duly approved and issued a permit by the board. Tanning permits are non-transferable.

Effective: 10/10/2015
Five Year Review (FYR) Dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08, 4713.48
Rule Amplifies: 4713.48, 4713.08
Prior Effective Dates: 1/8/85, 12/17/89, 1/26/97, 4/1/01, 11/1/13

4713-19-02 Definitions.

As used in Chapter 4713-19 of the Administrative Code:

(A) An "attendant" means any employee designated by the permit holder for the facility to assist with the cleaning, sanitation and disinfection of all equipment, items and the floors around the sunlamp equipment.

(B) A "certified operator" means an employee of a tanning facility who has successfully completed and successfully passed, with a minimum score of seventy-five per cent, a board approved training course and holds a board approved and provided certificate. An attendant, who is under the age of eighteen, shall be under the immediate supervision of a certified operator, who is at least eighteen years of age.

(C) "Consumer" or "individual" means any member of the public who is seeking to use 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;

(D) "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 regulation, eye protection, and equipment and maintenance. A "trainee" is an individual enrolled in an approved course of instruction.

(E) "Other compensation" means the payment or exchange of goods, services, or anything of value for use of the tanning facility or facilities;

(F) "Sunlamp product" means any electronic product designed to incorporate one or more ultraviolet lamps and intended for irradiation of any part of the living human body by the production and transfer of ultraviolet radiation with wavelengths in air between two hundred and four hundred nanometers, to induce skin tanning. A sunlamp product is used for tanning human skin, but shall not be a light based medical device used for medical purposes. The term sunlamp product includes within its definition the terms "tanning booth" or "tanning bed." Sunlamp products are regulated by the food and drug administration, as set forth in 21 CFR part, 1040, Section 1040.20(b)(9) revised as of April 1, 2012 and cited as 21 CFR 1040.20.

(1) "Tanning Booth" means an enclosure fitted with ultraviolet lamps in which an individual seeking to use stands.

(2) "Tanning Bed" means a structure fitted with ultraviolet lights in which an individual reclines.

(G) "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;

(H) "Tanning facilities" has the same meaning as "tanning facility" as defined under section 4713.01 of the Revised Code;

(I) "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).

(J) "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.

(K) "Visible light" means the application of light rays in the visible spectrum to the skin for cosmetic purposes.

(L) "Skin typing" means a numerical classification of skin to determine the length of exposure to UVA and UVB lights.

Effective: 10/10/2015
Five Year Review (FYR) Dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08, 4713.48
Rule Amplifies: 4713.08, 4713.48
Prior Effective Dates: 12/17/89, 1/26/97, 8/1/99, 4/1/01, 1/17/02, 11/1/13

4713-19-03 Permit fees.

The payment for the permit shall be as follows:

(A) Original permit fees are sixty-five dollars.

(B) Renewal permit fees are fifty dollars.

Effective: 10/10/2015
Five Year Review (FYR) Dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(16), 4713.48
Rule Amplifies: 4713.08 , 4713.48
Prior Effective Dates: 1/8/85, 12/17/89, 1/26/97, 7/1/00, 11/1/13

4713-19-04 Installation of equipment.

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, and with non-transparent walls of a significant height 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), revised as of April 1, 2012 and cited as 21 CFR 1040.20. 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. Each new tanning facility shall install remote timer controls such that clients who are tanning cannot reset the timer .

(D) Each sunlamp product shall incorporate within arm's reach of a user 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 individual seeking to use the sunlamp product. This protective eyewear shall meet the requirements of Section 1040.20(C)(5), revised as of April 1, 2012 and cited as 21 CFR part 1040.20. The permit holder shall ensure that before each use, the protective eyewear required by this rule is properly disinfected as described in rule 4713-19-06 of the Administrative Code, is not altered in any way, and shall not rely upon the exposure of the protective eyewear to the ultraviolet radiation produced by the tanning equipment itself to provide such sanitizing and be adequate for the protection of the individual's eyes;

(F) Each ultraviolet lamp contained within the sunlamp product shall be shielded so as to prevent the lamp from having any contact with the individual using the sunlamp product. Transparent covers shall be used to shield each ultraviolet lamp contained within the sunlamp product. The covers shall not contain substantial cracks or breaks in or on any surface. Each shield must be similar in size and material to the original manufacturer's installed shield;

(G) Each booth-type sunlamp product shall provide a handrail for use during operation of the tanning facility.

(H) Each tanning facility shall provide clear instructions on the correct body position required to use the sunlamp product;

(I) Each sunlamp product shall be housed in a separate room, except when the sunlamp product also incorporates a dressing area in its design;

(J) A sunlamp product that is designed to automatically skin type each individual and its sensor shall not be altered . The operator shall insure that the sensor is used only by the individual who is tanning in order that the sunlamp product correctly skin types that specific individual;

(K) Each sunlamp product shall prominently display the following label: "Danger - ultraviolet radiation. Follow instructions carefully. Do not enter without protective eyewear." The label shall be colored or marked so that it stands out, but remains easy to read;

(L) 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 uses the following wording: " Individuals shall not tan if temperature is at one hundred degrees or higher! Please report excessive heat to the operator immediately!";

(M) 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 sunlamp product, or a certified compatible lamp may be used in the operation of the particular sunlamp product. Lamps used in sunlamp products must either be the original manufacturer's lamp or must be compatible with the sunlamp product's original manufacturer label. The facility shall maintain the manufacturer's lamps, or must be compatible with the sunlamp product's original manufacturer label. The facility shall maintain the manufacturer's recommendations for lamps, bulbs or filters on file in the facility and shall produce copies of the lamp compatibility sheets when inspected or investigated. Electronic versions of lamp compatibility are acceptable;

(N) A tanning facility shall maintain a lamp compatibility sheet as required in paragraph (M) of this rule; Should the inspector or investigator not be able to easily read the labels on the lamps, the facility owner or certified operator shall remove the shielding in order to allow an inspector or investigator from the board to easily verify UV bulb compatibility or shall take out the lamp for inspection. Each sunlamp product shall have the UV bulbs installed so 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;

(O) Each sunlamp product and any replaceable bulb for that product shall not be altered or modified from the manufacturing specifications of the original product or used for purposes other than those permitted under the FDA regulations set forth in 21 CFR part 1040, Section 1040.20, revised as of April 1, 2012 and cited as 21 CFR 1040.20, and

(P) Each tanning facility shall comply with all other applicable statutes and rules governing tanning equipment.

Effective: 10/10/2015
Five Year Review (FYR) Dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.08, 4713.41
Prior Effective Dates: 12/17/89, 1/26/97, 1/17/02, 1/10/04, 5/1/04, 11/1/13

4713-19-05 Operation of equipment.

(A) Each tanning facility shall have on duty at all times a certified 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 the proper operation and use of a sunlamp product. The certified operator shall be stationed in the immediate vicinity of any sunlamp equipment and closely monitor the services being provided to each patron.

(B) Each certified operator for sunlamp services shall perform the following functions as a precondition to access of the tanning facility to the public:

(1) The certified operator shall make a reasonable attempt to determine the age of the individual seeking to use the sunlamp tanning service;

(a) Request to see a current valid driver's license or state issued picture identification containing the individual's birth date.

(b) Obtain a signed consent form in compliance with section 4713.50 of the Revised Code (eff. 6/20/2015) and maintained pursuant to paragraph (A)(2) of rule 4713-19-09 of the Administrative Code.

(2) The certified operator shall provide to each individual seeking to use the sunlamp tanning service a disinfected unit and protective eyewear, unless the individual brings their own approved eyewear;

(3) The certified operator shall establish the time period for the initial exposure and each subsequent exposure until the individual seeking to use the sunlamp tanning service has reached the individual's maximum radiation level;

(4) The certified operator shall instruct the individual seeking to use the sunlamp tanning service on the position of the safety railing in tanning booths; and the manual switching device to terminate the radiation in case of an emergency;

(5) The certified operator or attendant shall inspect the facility to ensure that the floors are dry. Prior to the use of any sunlamp product, the floors around each sunlamp product shall be disinfected and shall be dried thereafter. Non-absorbent and non-carpeted flooring or rubber or plastic mats shall be in place where the individual enters or exits the bed. These mats shall be disinfected after each individual's use;

(6) The certified 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.

(7) Permit holder shall perform timer checks on beds with mechanical timers every time bulbs are changed, but at least annually and shall maintain documentation of the timer checks. Timer checks are not required for beds with digital timers.

(C) Only one individual shall use a sunlamp product during a session. No individual shall be permitted in any room where tanning equipment is operating while another individual is tanning.

(D) Each tanning facility shall have an owner's manual for each tanning device that is used by the tanning facility to provide services to individuals. A tanning facility may have an electronic version of an owner's manual. When an inspector or investigator from the board or an individual requests to see the manual, the tanning facility owner or the certified operator shall produce the manual within a half an hour from when the inspector or investigator or individual makes the request.

(E) Storing or providing sanitizers, disinfectants or cleaners in tanning rooms are not permitted.

(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 individual seeking to use the sunlamp tanning service shall be documented on a tanning record prescribed by the board.

(1) The tanning facility shall retain a tanning record for each individual seeking to use the sunlamp tanning service.

(2) A certified operator shall determine the skin type of the individual on the individual's first visit to the tanning facility.

(3) Only certified operators shall determine skin type.

(4) From the skin type determination, the certified operator shall determine the tanning time for the individual.

(5) The skin type shall be annotated on the individual's customer card or an electronic record, and a copy of the skin type record shall be kept in the tanning facility.

(6) A tanning facility using a sunlamp product that is designed to automatically skin type each individual client shall maintain skin type records for each customer. The operator of the tanning facility shall insure that the sensor of the sunlamp product is used only by the customer who is to tan in order that the sunlamp product correctly skin types the customer.

Effective: 10/10/2015
Five Year Review (FYR) Dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.08, 4713.48
Prior Effective Dates: 1/8/85, 12/17/89, 1/17/02, 11/1/13

4713-19-06 Sanitation.

(A) No article or equipment, including all eyewear used by an individual when seeking to use services, shall be used or offered for use to an individual unless that article has first been cleaned of any debris or dirt and then disinfected with a virucidal effective product.

(1) Eyewear owned by an individual may be cleaned and disinfected before each use either by the individual prior to arriving at the facility or by the facility before the individual'ssession.

(2) To meet the requirement that eyewear shall be disinfected prior to use, a facility may offer disposable eyewear for one-time use.

(B) The walls, floors, and fixtures in the facility shall be disinfected and kept in a clean and sanitary manner at all times.

(C) A clean sanitary towel shall be provided to all individuals seeking to use services. A closed dustproof cabinet must be provided for clean towels, and linen and a covered hamper or receptacle shall be provided for all soiled towels and linen. A facility may use either paper or fabric towels. Fabric towels shall be washed and disinfected after each use as set forth in rule 4713-15-11 of the Administrative Code. If the facility uses paper towels each towel shall be properly disposed of after one use of the towel.

(D) All facilities shall be equipped with toilet facilities and dressing rooms.

Toilet facilities shall include a flush toilet and hand washing sinks, including 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.

(E) Should blood or other bodily fluids need to be cleaned from any part of the facility or the equipment therein, the individual cleaning blood or other bodily fluids from the equipment or any part of the facility shall follow the procedure to sanitize and disinfect set forth in rule 4713-15-03 of the Administrative Code.

Effective: 10/10/2015
Five Year Review (FYR) Dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.08, 4713.48
Prior Effective Dates: 1/8/85, 12/17/89, 2/24/91, 1/26/97, 11/1/13

4713-19-07 Display of sign.

Every salon or tanning facility permitted by the board shall have a sign as set forth in rule 4713-1-12 of the Administrative Code.

Replaces: 4713-19-07

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.08, 4713.48
Prior Effective Dates: 1/8/85, 12/17/89, 1/26/97

4713-19-08 Resident tanning facilities.

(A) A tanning facility used for the general public may be located in a residence, provided the tanning facility shall have an entrance to the outside separate from the living quarters or garage of the residence. The tanning facility may have doors within its interior that allow access into the living quarters or garage or basement of the residence. If the tanning facility has doors opening into the living quarters or garage or basement or the residence, the doors shall be solid and shall have a lock and shall be kept closed during business hours.

(B) Residential tanning facilities shall have a permit and shall be in compliance with all laws for tanning facilities set forth in Chapter 4713. of the Revised Code and rules amplifying the laws.

(C) Mobile homes, motor homes, trailers or any type of recreational vehicle are not designed for commercial use under the Ohio building codes and therefore prohibited for licensure or permitting as any type of salon or tanning facility, except for those mobile homes, motor homes, trailers or recreational vehicles that have been permanently set on a foundation and have the following qualities:

(1) Constructed with permanently installed facilities for cold storage, cooking, consuming of food and that has been remodeled and certified for class A commercial usage;

(2) Equipped with a functional sink and flush chemical toilet with a holding tank;

(3) In compliance with all laws for tanning facilities set forth in Chapter 4713. of the Revised Code and rules amplifying the laws, and

(4) In disposing of sewage and waste water, the tanning facility shall comply with all applicable federal, state, and local environmental and sanitary regulations.

Replaces: 4713-19-08

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.08, 4713.48
Prior Effective Dates: 1/8/85, 12/17/89, 1/25/97, 4/1/01

4713-19-09 Maintaining records.

(A) The operator of a tanning facility shall maintain a file for each individual seeking to use the sunlamp tanning service. Each file shall include :

(1) Date of most recent exposure to UVA/UVB, including any dates provided by the individual documenting recent exposure in other tanning facilities;

(2) Acknowledgment that the individual, parent, or legal guardian has signed a consent form developed by the Ohio state board of cosmetology based upon the age of the individual seeking to use the sunlamp service, in accordance with division (B) of section 4713.50 of the Revised Code and incorporated herein by reference;

(3) Acknowledgment of receipt of protective eyewear or that the individual will use their own approved eyewear;

(4) Acknowledgment that the individual has been advised of maximum exposure time for the session in the unit to which the individual has been assigned;

(5) All individuals seeking to use the sunlamp tanning service shall have their skin type computed and annotated on their customer card or electronic record prior to their first tanning session. The tanning facility shall retain the full and accurate computed skin type for each individual and shall produce the skin type at the request of an inspector or investigator from the board or at the request of an individual.

(B) Tanning facilities which maintain records on computer or data processing equipment may use a single paper sign-in sheet for all individuals tanning in a single day. By the end of every day the tanning facility is open for business, the tanning facility shall transfer the information from the paper sign-in sheet about each individual patron to the individual's permanent file.

(C) Tanning facilities which utilize electronic signatures and/or biometric identification (finger scanner) may utilize the electronic scan or electronic signature in place of the aforementioned paper sign in sheet acknowledged in paragraph (B) of this rule, providing they demonstrate the system to be accurate.

(D) Electronic or biometric devices shall have the following warning immediately adjacent to the device: "By placing your finger on this scanner you agree that you have read the following caution statements and that you agree to the times on this placard:

"Ultraviolet Radiation - Cancer Risk According to the Centers for Disease Control (CDC), indoor tanning exposes users to UV-A and UV-B radiation and has been linked with skin cancers including melanoma (the deadliest type of skin cancer), squamous cell carcinoma, and basal cell carcinoma, and cancers of the eye (ocular melanoma). Indoor tanning is particularly dangerous for younger users; people who begin indoor tanning during adolescence or early adulthood have a higher risk of getting melanoma.

The product is contraindicated for use on persons under the age of 18 years; the product must not be used if skin lesions or open wounds are present; the product should not be used on people who have had skin cancer or a family history of skin cancer; and people repeatedly exposed to UV radiation should be regularly evaluated for skin cancer. A contraindication means that the product is not indicated for use on persons under the age of 18 years of age.

According to the American Academy of Dermatology and Ohio Dermatological Association: The body needs a strong immune system to protect one from developing infections and cancers of all types. Children have immature immune systems, and the damage continues to accumulate across the lifespan. Meaning, the earlier the exposure to tanning radiation and the more exposure that occurs, the earlier the damage that will occur and the worse it will be.

Avoid Overexposure: Overexposure may cause skin injury, eye injury, and possible allergic reactions. Tanning radiation ages the skin and can result in premature wrinkles and other damage to the skin, such as skin cancer. Repeated overexposure may cause aging of the skin, dryness, has been linked to skin cancer. It is recommended not to tan outdoors on days when you are tanning indoors, or if you currently have a sunburn.

Ultraviolet Radiation Sensitivity (Photosensitivity: unusual and unexpected increased sensitivity to ultraviolet rays.) The use of various drugs, food items, makeup, lotions, and some sunscreen products contain ingredients that may have a photosensitizing effect with the use of ultraviolet tanning equipment. Customers with any known medical conditions or customers who are currently taking any medications should consult their physician or pharmacist before using ultraviolet tanning equipment.

Protective Eyewear: Failure to wear protective eyewear can result in severe burns or injury to the eyes, in addition to premature cataracts, glaucoma, macular degeneration and blindness.

Skin Typing: Skin typing is a required assessment that is used to determine the appropriate tanning exposure schedule for an individual. The types of questions presented on the assessment are about sun sensitivity, natural coloring, recent tanning history, medications, and medical history. Each response is given a numerical value, after the certified operator reviews the questions with the client. The answers are tallied and an individual's sun sensitivity is determined by a score of 1-6. This level of sun sensitivity can then be used when utilizing the manufacturer's printed label for suggested tanning time.

Certified Operator: A certified operator is an employee of a tanning facility who has successfully completed and passed a board approved training course and holds a board approved certificate. Every tanning facility is required to have a certified operator on duty at all times.

Consent Requirements: A tanning facility operator or employee shall not allow an individual who is less than sixteen years of age to use the facility's sun lamp tanning services without first obtaining the consent of a parent or legal guardian of the individual prior to each tanning session. Parent or legal guardian must remain at the tanning facility for the duration of tanning session. A new consent form must be signed prior to each session.

A tanning facility operator or employee shall not allow an individual who is at least sixteen but less than eighteen years of age to use the facility's sun lamp tanning services without first obtaining the consent of a parent or legal guardian of the individual. The consent is valid for ninety days from the date the form is signed. A tanning facility operator or employee shall not allow an individual who is at least sixteen but less than eighteen years of age to use the facility's sun lamp tanning services for more than forty-five sessions during the ninety-day period covered by the consent.

A tanning operator or employee shall not allow an individual who is eighteen years of age or older to use the facility's sun lamp tanning services without first obtaining a signed consent form. The consent form is valid indefinitely.

I have been provided and read a copy of the "Tanning Risks and Important Information." My finger scan will be viewed as my signature that I understand the risks factors of ultraviolet radiation and overexposure contained on the "Tanning Risks and Important Information" sheet provided. I understand that certain medical conditions and/or medications may cause a photosensitivity of the skin. I further understand that failure to wear protective eyewear may result in severe burns or injury to the eyes. It is also my understanding that a certified tanning operator must perform a skin typing assessment prior to tanning to determine an individualized exposure schedule."

Replaces: 4713-19-09

Effective: 10/10/2015
Five Year Review (FYR) Dates: 10/10/2020
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.08, 4713.48
Prior Effective Dates: 1/8/85, 3/16/90, 2/24/91, 1/26/97, 1/17/02, 1/10/04, 11/1/13

4713-19-10 Sunlamp products posing safety risks.

A tanning facility shall not use a sunlamp product that is not fully functional and that poses a possible safety risk to a patron. Should a sunlamp product have parts or bulbs that are broken or cracked or should the product not properly operate and pose a safety risk to the patron, the tanning facility shall disable the sunlamp product and shall not use the sunlamp product until the sunlamp product is repaired. During the time period the sunlamp product is disabled, the tanning facility shall place a sign on it saying that the sunlamp product is out of order.

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.08, 4713.48
Prior Effective Dates: 1/26/97, 4/1/01

4713-19-11 Policy on prohibiting animals.

A tanning facility shall follow the requirements set forth in rule 4713-1-09 of the Administrative Code.

Replaces: 4713-19-11

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.08, 4713.48
Prior Effective Dates: 1/26/97

4713-19-12 Change of ownership.

Tanning facility permits are not transferable from one address to another or from one owner to another. A new tanning permit application shall be filed within thirty days of any change of ownership as set forth in rule 4713-1-11 of the Administrative Code. During the period when the board is processing the permit application for a new owner of an existing tanning facility, and subject to the board's approval, tanning facilities are permitted to open and offer services. Any tanning facility with an administrative action pending or a fine from a violation unpaid cannot renew its permit to operate , and a new tanning facility cannot open in that location until the administrative action has been resolved.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/07/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.08, 4713.48
Prior Effective Dates: 4/1/01

4713-19-13 Tanning beds in salons.

Salons, the main function of which is the practice of cosmetology that have a permit to operate a tanning facility and have closed the tanning facility part of the salon shall physically remove all tanning equipment within a ninety day period of the closure of the tanning facility. .

Replaces: 4713-19-13

Effective: 11/01/2013
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.08, 4713.48
Prior Effective Dates: 4/1/01

4713-19-14 Training of operators and employees.

(A) Each tanning facility shall have an operator who possesses a valid and current certificate of formal training, as defined in rule 4713-19-02 of the Administrative Code, on duty at all times. Formal training courses for operators must meet the requirements of paragraph (D) of rule 4713-19-02 of the Administrative Code. A board approved and provided certificate shall be maintained within the facility and be available for inspection upon request.

(B) In addition to the requirements of paragraph (D) of rule 4713-19-02 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.

The written material shall consist of a core training manual, a copy of Title 21, Code of Federal Regulations, Part 1040, Section 1040.20, April 1, 2012. In classroom courses may include an audio-visual presentation covering the required subjects. The board approved provider shall provide copies of all required materials to each individual taking the course and conclude with an examination at a monitored testing site;

(3) Courses may be provided in person, web based or as a correspondence course. However, the individual taking any version of the course shall take and pass an examination at a monitored site. This examination may be administered either web based or as a written examination.. An individual shall score a minimum of seventy-five percent in order to receive their certificate of completion. The monitoring process for the examination shall be approved by the board as part of the board's process of approving education courses;

(4) Each course will be processed through the board's continuing education (CE) process. As set forth in paragraph (I) of rule 4713-21-09 of the Administrative Code, the board may suspend, revoke or deny the approval of a provider of certification's permission to offer certification in Ohio.

(C) Each certified operator who assists customers or operates tanning devices shall be trained on the proper operation and maintenance of tanning devices. The operator of the tanning facility is responsible for training those attendants or ensuring that those attendants 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 required to comply with the training requirements of this chapter, shall successfully complete the required training and shall pass the examination for the course with a minimum score of seventy-five per cent according to the following:

Operators hired on or after the effective date of this chapter shall successfully complete the required training and successfully achieve a minimum score of seventy-five per cent on the required examination prior to taking charge of a facility;

(E) The board shall approve any training course offered by a provider prior to an individual or organization or other legal person offering the course in Ohio. Any individual or organization seeking to obtain board approval shall submit copies of all training materials to be used in the offered training course in Ohio. The materials submitted shall include the credentials of trainers and persons compiling the training materials, a copy of the course curriculum, copies of written materials to be received by trainees, and a course outline indicating the length of time in which any version of a course shall be conducted. The board shall review the materials and inform the applicant of its findings within forty-five days from receipt of all training materials. If it is necessary to make changes to a training course that has been reviewed and approved by the board, those changes shall be submitted to the board for consideration.

(F) The board shall approve the certificate of completion that shall be issued to trainees completing and passing the certified operators training class.

Effective: 3/26/2015
Five Year Review (FYR) Dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4713.08
Rule Amplifies: 4713.08, 4713.48
Prior Effective Dates: 1/17/02 , 11/1/2013