Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 123.000 - Tanning Facilities
Section 123.003 - Operation of Tanning Facilities
Universal Citation: 105 MA Code of Regs 105.123
Current through Register 1531, September 27, 2024
Unless otherwise ordered or approved by the Board or Department, each tanning facility shall be constructed, operated, and maintained to meet the following minimum requirements:
(A) Operator Responsibilities.
(1) An
operator shall ensure that no customer younger than 18 years old uses a tanning
device at the tanning facility.
(2)
No tanning facility shall employ as an operator a person younger than 18 years
old or permit any other employee of the tanning facility who is younger than 18
years old to operate a tanning device.
(3) A trained operator meeting the
requirements of 105 CMR 123.003(A)(4) must be present at a tanning facility at
all times during operating hours.
(4) Each operator must be trained and
sufficiently knowledgeable in the correct operation of tanning devices used at
a facility. That knowledge shall include:
(a)
the requirements of
105 CMR
123.000 and
21
CFR 1040.20, as amended;
(b) skin type determination and the proper
use of the manufacturer's Recommended Exposure Schedule;
(c) photosensitizing agents such as: foods,
cosmetics, and medications that may produce an abnormal or increased skin
sensitivity;
(d) recognition of
injuries from overexposure to ultraviolet radiation;
(e) effects of ultraviolet radiation, acute
and chronic exposure, biological effects, and health risks;
(f) electromagnetic spectrum with emphasis on
the photobiology and physics within the 200-400 nanometer range;
(g) use of protective eyewear;
(h) emergency procedures in case of
injury;
(i) manufacturer's
procedures for the correct operation and maintenance of the tanning device.
(5) A list of the
facility's operators who have been trained in accordance with 105 CMR
123.003(A)(4) shall be maintained at the facility and be made available at the
facility to Board or Department inspectors upon request.
(6) An operator shall determine tanning
session duration for each customer based on a skin type determination and
previous tanning device exposure in order to gradually increase exposure. An
operator shall not exceed the exposure times listed in the manufacturer's
recommended exposure schedule. At no time shall an operator permit a tanning
session to exceed the maximum exposure time established by the manufacturer for
a particular tanning device.
(7) An
operator shall, upon request by a tanning device user or prospective user, with
respect to any tanning device that the operator operates, provide a copy of the
tanning device user manual or the name and address of the manufacturer or
distributor from whom a user manual may be obtained.
(8) A tanning facility shall give each
prospective user of a tanning device a written warning statement on a form
provided by the Department, which contains the warning language specified in
105 CMR 123.003(B)(1)(f). Prior to tanning, each prospective user must sign the
warning statement acknowledging he or she understands such warning, unless the
prospective user has previously signed the warning statement in the preceding
six months. The warning statement shall then be signed by the operator and,
whenever possible, by a witness who can verify that the warning information was
provided.
(B) Physical Plant.
(1)
Warning Sign.
(a) A
warning sign shall be posted within three feet of each tanning
device;
(b) The warning sign shall
be readily legible, clearly visible, and not obstructed by any barrier,
equipment, or other item so that the user of the tanning device can easily view
the warning sign before energizing the ultraviolet light generating
device;
(c) The warning sign shall
be printed in white on a red background;
(d) The lettering on each warning sign shall
be at least % inch high for all words shown in capital letters and at least
3/16 inch high for all lower case letters;
(e) The warning sign shall be at least 8V2
inches wide by 11 inches long;
(f)
The warning sign shall contain the following information: DANGER ULTRAVIOLET
RADIATION
1. Follow instructions.
2. Avoid too frequent or lengthy exposure. As
with natural sunlight, exposure to a sunlamp may cause eye and skin injury and
allergic reaction. Repeated exposure may cause chronic damage characterized by
wrinkling, dryness, fragility, bruising of the skin and skin cancer.
3. Wear protective eyewear. FAILURE TO USE
PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG TERM INJURY TO THE
EYES.
4. Ultraviolet radiation from
sunlamps aggravates the effects of sun. Do not sunbathe before or after
exposure to ultraviolet radiation.
5. Abnormal or increased skin sensitivity or
burning may be caused by certain foods, cosmetics or medications, including but
not limited to, tranquilizers, diuretics, antibiotics, high blood pressure
medication, birth control pills and skin creams. Consult a physician before
using a sunlamp if you are using medication, have a history of skin problems,
or believe you are especially sensitive to sunlight. Pregnant women or women on
birth control pills who use a tanning device may develop discolored
skin.
6. IF YOU DO NOT TAN IN THE
SUN YOU WILL NOT TAN FROM USE OF THIS DEVICE. Use of a tanning device does not
provide a substantial protective base against the effects of the sun.
(2) Each tanning device
shall have a warning placed either directly above or below the exposure
schedule stating "Skin Type I individuals (always burns, never tans) should
never use tanning devices."
(3)
Requirements for Tanning Devices.
(a) Only tanning devices manufactured and
certified to comply with FDA regulations 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 FDA
regulations.
(b) Each tanning
device shall have a timer which complies with the requirements of FDA
regulations. The maximum timer interval shall not exceed the manufacturer's
maximum recommended exposure time. No timer interval shall have an error
greater than plus or minus 10% of the maximum time interval for the
product.
(c) Tanning devices shall
meet the requirements of the relevant sections of the National Fire Protection
Association's National Electrical Code, and shall have been inspected and been
found to satisfy local electrical code requirements.
(d) There shall be physical barriers in
tanning facilities to protect customers from injury induced by touching or
breaking the lamps.
(e)
Additional Requirements for Stand-up Booths.
1. There shall be physical barriers or other
methods, such as handrails or floor markings, to indicate the proper exposure
distance between ultraviolet lamps and the customer's skin.
2. The construction of the booth shall be
such that it will withstand the stress of use and the impact of a customer who
may fall.
3. Doors shall consist of
rigid construction material and shall open outwardly. Handrails or non-slip
floors shall be provided.
(f) Defective or burned-out lamps or filters
shall be replaced with a type intended for use in that tanning device which is
specified on the product label or with lamps or filters that are "equivalent"
under FDA regulations.
(g) The
licensee shall maintain records of the recommended exposure time established by
the manufacturer of the tanning device. Such records shall be available to each
operator and be made available to the Board or the Department, if requested.
The operator shall follow the recommended exposure times and limit each
customer to the maximum exposure established by the manufacturer.
(h) The interior temperature of the tanning
device shall not exceed 100°F.
(C) Protective Eyewear.
(1) The operator shall
provide each customer with protective eyewear which meets the requirements of
FDA regulations and shall ensure that each customer is using protective eyewear
at all times while using a tanning device.
(2) In the tanning facility, the licensee
shall maintain literature from the manufacturer of the protective eyewear which
documents that the eyewear meets the requirements of FDA regulations.
(3) Protective eyewear, other than eyewear
discarded after each use, shall be properly sanitized before each use, using a
sanitizing agent which is registered by the United States Environmental
Protection Agency and which is specifically manufactured for use on protective
eyewear. Exposure to the ultraviolet radiation produced by the tanning device
itself is not considered a sanitizing agent.
(D) Records.
(1) The operator shall keep a record of each
customer's tanning sessions, including, for each visit, the date, skin type
determination, tanning times, and device used. Such records shall be maintained
at the tanning facility for a minimum of one year and be made available to the
Board or the Department upon request.
(2) The operator shall maintain records of
the risk acknowledgment certification signed by each customer. Such records
shall be maintained at the tanning facility for a minimum of one year and be
made available to the Board or the Department upon request.
(3) The operator shall maintain records of
the recommended exposure time established by the manufacturer of the tanning
device. Such records shall be maintained at the tanning facility for a minimum
of one year and be made available to the Board or the Department upon
request.
(4) Copies of all
applications and the license information outlined in
105 CMR 123.005(C)(1)
through (6), must be maintained at the
tanning facility and be available for review by inspectors and tanning facility
customers upon request.
(E) Injury Reports.
(1) An operator shall prepare a written
report of any tanning injury to a customer or complaint of injury and such
report shall be forwarded by the facility's operator or licensee to the Board
which issued the license and to the Department with a copy to the complainant
or injured customer within five business days of its occurrence or knowledge
thereof. The report shall include:
(a) the
name of the affected individual;
(b) the name and location of the tanning
facility involved;
(c) the nature
of the injury;
(d) the name and
address of the affected individual's health care provider; if any
(e) any other information considered relevant
to the situation.
(F) Sanitation.
(1) The operator shall provide to customers
of the tanning facility access to toilet and hand washing facilities. Such
facilities shall be cleaned and disinfected at least once every 24 hours, and
contain liquid soap, paper towels, and a receptacle for used paper towels.
Sinks shall have hot water in the temperature range of not less than 110°F
(43°C) and not greater than 130°F (54°C);
(2) Each customer shall have access at all
times to potable drinking water.
(3) Each facility shall provide to its
customers paper or cloth towels which may not be shared. Cloth towels must be
washed and sanitized after each use.
(4) All surfaces with which customers have
contact within tanning devices shall be disinfected after each customer's use.
Disinfection shall be carried out using a U.S. Environmental Protection Agency
registered disinfectant.
(5) Each
tanning device shall be capable of being ventilated so that there is a minimum
of 20 cubic feet per minute (cfm) of fresh air per occupant.
(6) If showers are provided:
(a) hot water in the shower shall be at a
temperature range of not less than 100°F (38°C) and not greater than
112°F (44°C);
(b) shower
floors shall be constructed of non-absorbent, non-slippery materials, and
sloped toward a properly installed floor drain. The use of duckboards or rubber
mats in the shower is not permitted; and
(c) shower floors and walls shall be cleaned
and disinfected at least once every 24 hours.
(7) The interior of the facility shall be
maintained in good repair and in a safe, clean, sanitary condition, free from
all accumulation of dirt and rubbish.
(8) All equipment and fixtures in the
facility, if appropriate, shall be installed in accordance with accepted
plumbing, gas fitting, and electrical wiring standards.
(G) No tanning facility shall claim, or distribute promotional material that claims, that the use of a tanning device is safe and free from risk.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.