(A) Sunlamp products:
(1) Each tanning facility offering sunlamp product services shall have a certified operator on duty at all times to instruct and assist the public in the proper operation and use of the sunlamp product. The certified operator shall be stationed in the immediate vicinity of any sunlamp product and closely monitor the services being provided to each individual seeking to use sunlamp product services.
(2) Each tanning facility shall require a certified operator for sunlamp product services to perform the following functions:
(a) Make a reasonable attempt to determine the age of the individual seeking to use the sunlamp tanning service by requesting to see a current, valid driver's license or government-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 (effective June 20, 2015) and maintained pursuant to paragraph (A) (2) of rule 4713-19-09 of the Administrative Code;
(c) Provide, or make available, protective eyewear to each individual seeking to use the sunlamp product, and ensure that any protective eyewear provided by the facility is properly disinfected in accordance with rule 4713-19-06 of the Administrative Code;
(d) Determine the skin type of the individual on the individual's first visit to the tanning facility, and note the skin type on the individual's tanning record, unless using a sunlamp product that is designed to automatically skin type each individual;
(e) Establish the time period for the initial exposure and each subsequent exposure, based on skin type, until the individual seeking to use the sunlamp product service has reached the individual's maximum radiation level;
(f) 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;
(3) Tanning facilities must post signs, immediately adjacent to each sunlamp product, warning consumers of the potential effects of radiation on persons taking medication and the possible relationship of radiation to skin cancer.
(4) 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.
(B) Chemical tanning:
(1) Facilities must provide each individual seeking to use the chemical tanning services with the following items:
(a) Protective eyewear;
(b) Lip balm; and
(c) Nose filters.
(2) Facilities shall require individuals seeking to use the chemical tanning services to cover sensitive areas containing mucous membranes during the application of chemicals to the skin.
(3) Any chemical applied to the human skin must be applied in accordance with the manufacturer's instructions and used prior to the expiration date listed on each container of product.
(4) Facility personnel applying chemicals with a chemical airbrush must use an EPA-approved dust mask during chemical application.
(C) General facility operation:
(1) Facilities shall regularly inspect the facility to ensure that the floors are dry.
(2) Facilities shall ensure that non-absorbent flooring or rubber or plastic mats are in place where an individual enters or exits equipment used in the tanning process, and that the non-absorbent flooring or mats are disinfected after each use.
(3) Only one individual shall use tanning equipment during a session. No individual shall be permitted in any room where tanning equipment is operating and another individual is tanning.
(4) Each tanning facility shall maintain an owner's manual, in either paper or electronic form, for each sunlamp product that is used by the tanning facility, and produce such manual upon request.
(5) Tanning facilities are not permitted to store or provide sanitizers, disinfectants, or cleaners in tanning rooms.
Five Year Review (FYR) Dates: 02/16/2023
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(17)
Rule Amplifies: 4713.01, 4713.50, 4713.49, 4713.48
Prior Effective Dates: 1/8/1985, 12/17/1989, 1/17/2002, 11/1/2013, 10/10/2015