Current through Register Vol. 47, No. 6, September 18, 2024
The following are minimum standards for the construction,
operation, and maintenance of tanning facilities:
(1)
Warning signs. A tanning
facility shall provide and post warning signs and statements as follows:
a. The warning sign must use minimum 0.5-inch
(12.7-millimeter) letters for the statement "DANGER, ULTRAVIOLET RADIATION" and
0.25-inch (6.4-millimeter) letters for other lettering; use red lettering
against a white background; be at least 9.0 inches by 12.0 inches (22.9
centimeters × 30.5 centimeters); and have the following wording:
________________________________________________________________
DANGER
ULTRAVIOLET RADIATION
- Overexposure can cause
* Eye and skin injury
* Allergic reaction
- Repeated exposure may cause
* Premature aging of the skin
* Skin cancer
- Failure to wear protective eye wear may result in
* Severe burns to eyes
* Long-term injury to eyes
- Medication or cosmetics may increase your sensitivity
____________________________________________
b. A warning sign as set forth in paragraph
46.5(1)"a" will be posted in a conspicuous location readily
visible to consumers entering the facility and in a conspicuous location within
one meter of the tanning device readily visible to a person preparing to use
the device.
c. A tanning facility
shall require each consumer to read the information in Appendices 1, 2, and 3
prior to the consumer's initial exposure and annually thereafter. The consumer
must sign a statement that the information has been read and understood. The
information in Appendices 1, 2, and 3 must also be posted in each tanning
room.
(2)
Federal
certification. Only tanning devices manufactured and certified under
the provisions of 21 CFR
section 1040.20 may be used in tanning
facilities. Compliance is based on the standard in effect at the time of
manufacture as shown on the device identification label required by
21 CFR sections
1010.2 and
1010.3. Labeling shall be in
accordance with 21 CFR
section
1040.20(d).
(3)
Tanning device timers.
Each tanning device shall have a timer that complies with
21 CFR section
1040.20(c). Each tanning
device must have a method of remote timing so consumers cannot control their
own exposure time. Tokens for token timers shall not be issued to any consumer
in quantities greater than the device manufacturer's maximum recommended
exposure time for the consumer.
(4)
Temperature limits. The operator shall ensure that the
facility's interior temperature does not exceed 100 degrees F or 38 degrees
C.
(5)
Condition of tanning
devices. The tanning devices shall be maintained in good repair and
comply with all state and local electrical code requirements, and include
physical barriers to protect consumers from injury induced by falling against
or breaking the lamps.
(6)
Stand-up booths. Additionally, stand-up booths shall be
constructed:
a. Utilizing physical barriers
(e.g., handrails) or other means (floor markings) to indicate the proper
exposure distance between ultraviolet lamps and the consumer's skin.
b. To withstand the stress of use and the
impact of a falling person.
c.
Utilizing rigid construction, with doors that open outwardly, and with
handrails and nonslip floors.
(7)
Protective eyewear.
a. Eyewear shall not be reused by another
consumer.
b. Protective eyewear
shall meet the criteria of 21 CFR section
1040.20(c)(4).
c. Protective eyewear shall not be altered in
any manner that would change its use as intended by the manufacturer (e.g.,
removal of straps).
d. A tanning
facility operator shall verify that a consumer has protective eyewear in
accordance with this subrule and not allow a consumer to use a tanning device
if that consumer does not use the protective eyewear. The operator should:
(1) Ask to see the eyewear before the
consumer enters the tanning room; or
(2) Provide disposable eyewear in the tanning
room at all times and post a sign stating that the disposable eyewear is
available and has to be worn.
e. A tanning facility operator shall instruct
the consumer in the proper utilization of the protective eyewear.
(8)
Operation.
a. A trained operator must be present when a
tanning device is operated and within hearing distance to allow the consumer to
easily summon help if necessary. If the operator is not in the immediate
vicinity during use, the consumer must be able to summon help through use of an
audible device such as an intercom or buzzer and the operator or emergency
personnel must be able to reach the consumer within a reasonable amount of time
after being summoned.
b. The
facility's permit will be displayed pursuant to Iowa Code section
136D.6.
c. A record of each consumer's total number
of tanning visits and tanning times, exposure lengths in minutes, times and
dates of the exposure, and any injuries or illness resulting from the use of a
tanning device must be maintained.
d. Any tanning injury not requiring a
physician's care and any resulting changes in tanning sessions shall be noted
in the consumer's file. A written report of any tanning injury requiring a
physician's care shall be provided to the department within five working days
of its occurrence or operator's notice thereof. The report will include:
(1) The name of the affected
individual;
(2) The name and
location of the tanning facility involved;
(3) The nature of the injury;
(4) The name and address of the health care
provider treating the affected individual, if any; and
(5) Any other information considered relevant
to the situation.
e.
Defective or burned-out lamps or filters shall be replaced with a type intended
for use in that device as specified on the product label on the tanning device
or with lamps or filters that are "equivalent" under
21 CFR Section
1040.20, and policies applicable at the time
of lamp manufacture.
f. Ultraviolet
lamps and bulbs that are not otherwise defective or damaged will be replaced at
such frequency or after such duration of use as is recommended by the
manufacturer.
g. Contact surfaces
of tanning devices shall be:
(1) Cleansed by
the operator with a cleansing agent between each use;
(2) Covered by a nonreusable protective
material during each use; or
(3)
Cleansed by the consumer after use, provided the following conditions are met:
1. The operator instructs the consumer
annually on how to properly cleanse the unit;
2. The consumer annually signs a statement
that the consumer agrees to cleanse the unit after each use;
3. Signs are posted in each tanning room
reminding the consumer to cleanse the tanning unit after each use and
instructing the proper way to cleanse the unit; and
4. The operator cleanses the tanning unit at
least once a day.
h. Records or documentation required by this
chapter must be maintained in the tanning facility for a minimum of two years.
If maintained electronically, such records must be retrievable as a printed
copy.
i. The operator shall limit a
consumer's exposure to the maximum exposure frequency and session duration
recommended by the manufacturer.
j.
When a tanning device is being used, no other person can be allowed in the
tanning device area.
k. "Unlimited"
tanning packages cannot be advertised or promoted unless tanning frequency
limits set by the manufacturer are included therein.
(9)
Training of operators.
a. All operators must satisfactorily complete
a training program approved by the department prior to operating a tanning
device that includes:
(1) Education on this
chapter;
(2) Procedures for correct
operation of the tanning facility and tanning devices;
(3) The determination of skin type of
consumers and appropriate duration of exposure to tanning devices;
(4) Recognition of reaction or
overexposure;
(5) Manufacturer's
procedures for operation and maintenance of tanning devices; and
(6) Competency testing.
b. Owners and managers must complete formal
training approved by the department. All owners and managers must
satisfactorily pass a certification examination approved by the department
before operating a tanning facility or training employees.
c. Owners and managers are responsible to
train operators in the above topics and to provide review as necessary.
Operators will be questioned during inspections as to the level of their
understanding and competency in operating the tanning device.
d. Proof of training for owner/managers and
employees must be maintained in the tanning facility and available for
inspection. The employee record should be the original test signed by the
employee, the date, and a statement signifying that all answers have been
completed by the employee and without prior knowledge of the scoring
key.
e. Operators shall be at least
16 years of age.
f. Training and
testing will be completed every five years.
(10)
Promotional materials.
A tanning facility shall not claim, or distribute materials claiming, that
tanning devices are safe, that tanning devices are free from risk, or that use
of the device will result in medical or health benefits. The only claim that
may be made is that the device is for cosmetic use only.
(11)
Electronically controlled
facilities. Electronically controlled facilities are facilities that
rely on electronic means to monitor consumers.
a. Entry into the facility is allowed by card
only. Only one individual may enter under each card. The card is specifically
activated for tanning use if the facility offers other activities and tanning
will not activate if the card is not programmed for tanning. The card will not
activate if two individuals are in the tanning room.
b. Police and all emergency services will
have access to the facility through a key box located outside the entrance of
the facility.
c. The consumer must
sign a tanning agreement stating the number of minutes per session, that the
consumer agrees to wear protective eyewear, that the consumer will cleanse the
unit after tanning, and that the consumer is aware of the emergency access in
each room.
d. The card will be
programmed for the number of minutes the consumer is allowed to tan and may be
reprogrammed for an increase in minutes per session only after the consumer has
reviewed and re-signed the tanning agreement. The card will be deactivated
after 30 consecutive days without consumer access such that the consumer will
then reapply to access the tanning unit.
e. The operator will demonstrate to each
consumer how to properly cleanse the unit after tanning, including the top,
bottom, and handles. A sign will be placed in each room explaining the
cleansing process. The operator will cleanse the units at least once per day
when they are in use.
f. Free
disposable eyewear will be placed in each room along with a sign stating that
the disposable eyewear is available and must be worn.
g. An emergency call button or device that
calls the operator or emergency personnel will be placed in each tanning room
conveniently located within reach of the tanning bed.
h. During annual inspections, the inspector
may ask any consumer about any of the above processes.
