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