Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 223 - RULES RELATING TO TANNING FACILITIES
Section 144-223-7 - OPERATION OF TANNING FACILITIES

(1)A warning sign (with the exact text shown in Section 7(A)(2) below) shall be posted conspicuously near the tanning equipment; it shall be readily legible, clearly visible, and not obstructed by any barrier, equipment, or other item present, so that the user can easily view the warning sign before energizing the tanning equipment;

(2)The lettering on each warning sign shall be at least ten (10) millimeters high for all words shown in capital letters, and at least five (5) millimeters high for all lower case letters.

(3) Only tanning equipment manufactured and certified to comply with 21 CFR Part 1040, Section 1040.20, "Sunlamp products and ultraviolet lamps intended for use in sunlamp products," shall be used in tanning facilities. Compliance shall be based on the standard in effect at the time of manufacture as shown on the device identification label required by 21 CFR, Part 1010, Section 1010.3.

(4)Each tanning equipment shall have a timer which complies with the requirements of 21 CFR Part 1040, Section 1040.20(c)(2).

(5)Each piece of tanning equipment shall be equipped with a user or consumer accessible on/off switch and an emergency shut-off mechanism to allow manual termination of the UV exposure as required by 21 CFR 1040.20(c)(3).

(6)Each piece of tanning equipment shall have labels, as provided in 21 CFR 1040.20(d)(1) (i-vi).

(7)Tanning equipment shall meet the National Fire Protection Association's National Electrical Code.

(8)There shall be physical barriers to protect consumers from injury induced by touching or breaking the lamps.

(9)Additional requirements for stand-up booths:

(1)Protective eyewear must be worn while using tanning equipment.

(2)Each consumer shall be provided with protective eyewear and instructions for their use. Selling eyewear or allowing use of properly cleaned eyewear satisfies the meaning of "provided". Consumers may provide their own eyewear.

(3)Protective eyewear, whether provided by the facility operator or the consumer, shall meet the requirements of 21 CFR Part 1040, Section 1040.20(c)(4).

(4)Protective eyewear shall be properly sanitized before each use by a trained facility operator. A sanitizing agent recommended by the product manufacturer shall be used. Exposure to the ultraviolet radiation produced by the tanning equipment itself is not considered a sanitizing agent.

(1)A tanning registrant shall allow operation of tanning equipment only by those who have successfully completed a formal or informal operator training course.

(2)Tanning equipment shall be operated only when a trained operator is present at a tanning facility.

(3) Prior to initial exposure, each consumer shall be provided the opportunity to read a copy of the warning sign's statement, which must satisfy the requirements of Section 7(A) (1) and (2). The operator shall request that the consumer sign a statement that that warning sign information, as well as any other information required by the facility, has been read and understood. For illiterate or visually handicapped persons, the warning statement shall be read by the operator in the presence of a witness. Both the witness and the operator shall sign the statement._

(4) A record shall be kept by the facility operator of each consumer's total number of tanning visits and tanning times. The records shall be maintained for 12 months after the last tanning visit. The consumer must initial the tanning visit and tanning time to validate the entry.

(5) A copy of any written report of any tanning injury submitted to the facility's insurer shall be forwarded to the Department within 5 working days of its occurrence or knowledge thereof. The report shall include:

(6) No minor under the age of 14 shall be allowed to use the tanning equipment. For minors 14 years of age and older:

(7) Defective or burned-out lamps or filters shall be replaced with a type intended for use in that piece of tanning equipment, as specified on the product label on the tanning equipment, or, with lamps or filters that are "equivalent" under the FDA regulations and policies applicable at the time of the lamp's manufacturing date.

(8) Tanning beds and stand up booths shall be cleaned after each use with an approved sanitizer by the facility operator. A list of approved sanitizers will be maintained by the Department. The operator shall use a sanitizer that sanitizes to a safe level of microorganisms, as required by these rules. A clean paper towel shall be used each time the tanning equipment is used and sanitized. The ultraviolet light produced by the tanning equipment itself is not considered an adequate sanitizer.

(1)The registrant shall ensure that all tanning equipment operators are adequately trained by formal and/or informal training.

(2)At least one tanning equipment operator must be adequately trained by a pre-approved formal training course. Formal training is obtained by successfully attending a classroom course, completing a correspondence course, or online course, and receiving a certificate.

(3)The Department shall maintain a list of pre-approved formal training course vendors.

(4)Training shall include the following items listed below:

(5)A list or log of operators trained in accordance with Section 7(D)(4) above shall be maintained and available at the facility. Inclusion of an individual as an operator on this list will be considered proof of training.