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