South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-106 - TANNING FACILITIES
Part I - GENERAL PROVISIONS
Section 61-106.I.1.2 - Definitions

Universal Citation: SC Code Regs 61-106.I.1.2

Current through Register Vol. 48, No. 9, September 27, 2024

As used in this regulation:

1.2.1 "Act" means Atomic Energy and Radiation Control Act, Section 13-7-10 et seq, 1976 Code of Laws of South Carolina.

1.2.2 "Affected Party" means a tanning registrant whom an enforcement action has been taken by the Department.

1.2.3 "Complaint" is a written document submitted to the Department addressing an existing or potential public health hazard.

1.2.4 "Consumer" means any individual who is provided access to a tanning facility that is required to be registered pursuant to provisions of this regulation.

1.2.5 "Department" means the South Carolina Department of Health and Environmental Control.

1.2.6 "Individual" means any human being.

1.2.7 "Inspection" means an official examination or observation, including, but not limited to, tests, surveys, and monitoring to determine compliance with rules, regulations, orders, or to investigate complaints or injuries.

1.2.8 "Investigation" means a visit by an authorized individual(s) to a registered or unregistered facility for the purpose of determining the validity of complaints or allegations received by the Department relating to this regulation.

1.2.9 "Minor" means any individual less than eighteen (18) years of age.

1.2.10 "Operator" means any individual designated by the registrant to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment. Under this definition, the term "operator" means any individual who conducts one or more of the following activities:

1) determining consumers' skin type;

2) determining the suitability for use of a tanning device by prospective consumers;

3) informing the consumer of the dangers of ultraviolet radiation exposure including photoallergic reactions and photosensitizing reactions;

4) determining consumer use of potentially photosensitizing agents;

5) assuring the consumer reads and properly signs all forms required by these regulations;

6) reviewing, signing, and ensuring required documentation is completed for minors or illiterate or visually impaired consumers;

7) maintaining required consumer exposure records;

8) recognizing and reporting consumer actual or alleged ultraviolet radiation injuries to the registrant;

9) instructing the consumer in the proper use of protective eyewear; and

10) setting timers which control the duration of exposure.

1.2.11 "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent or agency of these entities.

1.2.12 "Personal Use" means tanning equipment that is used solely by an individual and the individual's immediate family or permanent residents of the individual's place of residence. Immediate family is defined as the spouse, great-grandparents, grandparents, parents, brothers, sisters, children, grandchildren, great-grandchildren of either the owner of the tanning equipment or the spouse.

1.2.13 "Registrant" means any person who is registered with the Department as required by provisions of this regulation.

1.2.14 "Registration" means registering with the Department in accordance with provisions of this regulation.

1.2.15 "Sanitize" means the effective fungal, viral and bacterial treatment of surfaces of tanning equipment by an EPA-approved product that provides a sufficient concentration of chemicals and enough time to reduce the bacterial count, including pathogens, to an acceptable level.

1.2.16 "Tanning Equipment" means ultraviolet or other lamps and equipment containing such lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation.

1.2.17 "Tanning Facility" means any location, place, area, structure or business that provides consumers access to tanning equipment. For the purpose of this definition tanning equipment registered to different persons at the same location and tanning equipment registered to the same person, but at separate locations, shall constitute separate tanning facilities.

1.2.18 "Ultraviolet Radiation" means electromagnetic radiation with wavelengths in air between two hundred nanometers and four hundred nanometers.

Disclaimer: These regulations may not be the most recent version. South Carolina 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.