justicedao/ipfs_state_laws huggingface dataset:
333-119-0001 Purpose and Scope (1) The purpose of this division is to regulate tanning facilities to minimize the risks associated with tanning by artificial Ultraviolet light. These risks include, but may not be limited to: (a) Sunburn; (b) Premature aging of the skin; (c) Skin cancer; (d) Retinal damage; (e) Formation of cataracts; (f) Suppression of the immune system; (g) Damage to the vascular system; and (h) Improper sanitation of tanning devices. (2) The requirements of this division apply to any tanning facility that operates any tanning devices. Physicians' phototherapy devices are exempted, see OAR 333-119-0130(2). (3) In addition to the requirements of this division, all registrants are subject to the applicable provisions of other parts of these rules. Statutory/Other Authority: ORS 431.925 - 431.955 Statutes/Other Implemented: ORS 431.925 - 431.955 History: PH 14-2008, f. & cert. ef. 9-15-08 HD 15-1991, f. & cert. ef. 10-1-91
333-119-0020 Registration (1) Prior to the operation of any tanning device used by the public for a fee or other compensation, the owner or operator shall file an application with the Authority and pay applicable fee(s) in the amount and in the manner specified in OAR 333-103-0025 to register each tanning device. (2) If the owner or operator owns or operates more than one such tanning facility, the owner or operator shall file a separate application for each such facility owned or operated. (3) Registration application shall be made on forms furnished by the Authority. (4) A validation certificate or acknowledgement of validation will be issued by the Authority. (5) The certificate issued by the Authority shall be effective for one year beginning January 1 through December 31. (6) The certificate shall be displayed in a conspicuous open public area of the tanning facility. (7) The Authority will provide an identification number that will be affixed by an Authority inspector to each tanning device during the initial or follow-up facility inspection: (a) Identification numbers shall not be removed without written permission of the Authority; and (b) Identification numbers shall not be defaced. (8) The registrant shall notify the Authority in writing before making any change that would render the information contained in the application for registration or the validation of registration no longer accurate. (9) No registration may be transferred from one person to another person, from one tanning facility to another tanning facility, or from one tanning device to another tanning device. (10) Failure to properly register a tanning device is subject to the imposition of a civil penalty per ORS 431.950 and ORS 431.262. (11) The Authority may require tanning facility registrants to complete and update application forms and information concerning tanning devices. Statutory/Other Authority: ORS 431.925 - 431.955 Statutes/Other Implemented: ORS 431.925 - 431.955 History: PH 32-2014, f. 12-22-14, cert. ef. 1-1-15 PH 20-2010, f. & cert. ef. 9-1-10 PH 4-2010, f. & cert. ef. 2-16-10 PH 14-2008, f. & cert. ef. 9-15-08 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91
333-119-0030 General Requirements: Administrative Responsibilities (1) The registrant shall be responsible for directing the operation of the tanning facility that has been registered with the Authority. That individual or individual's agent shall assure that the provisions of these rules are met in the operation of tanning devices. (2) A tanning device which does not meet the provisions of these rules shall not be operated and may be tagged "Out of Service for Non-compliance with OAR 333-119 Requirements" by Authority inspectors. Devices tagged as non-compliant shall not be operated until written authorization is received by the registrant from the Authority. (3) The registrant shall assure that the tanning facility will comply with all applicable federal laws and regulations. (4) In addition to the requirements of this division, all registrants are subject to the applicable requirements of divisions 100, 103 and 111 of this chapter. (5) The Authority Inspection Findings report shall be conspicuously posted in public view until all items of non-compliance have been corrected and a written Authority release from this requirement is received by the registrant. (6) The registrant shall post in a conspicuous place the Authority "Notice To The Public". (7) The registrant shall ensure that the "Warning", "Notice to the Public" and "Persons Under Age 18" signs are not covered or obscured, and are easily seen by clients at either the main reception area of the establishment or in each tanning device room. (8) The registrant shall notify the Authority of any injury for which medical attention was sought or obtained from the use of a registered tanning device within one working day after learning of the occurrence, and provide the Authority any information about the incident the Authority deems necessary. Statutory/Other Authority: ORS 431.925 - 431.955 Statutes/Other Implemented: ORS 431.930 & 431.935 History: PH 32-2014, f. 12-22-14, cert. ef. 1-1-15 PH 14-2008, f. & cert. ef. 9-15-08 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91
333-119-0040 General Requirements: Construction and Operation of Tanning Facilities Unless otherwise ordered or approved by the Authority, each tanning facility shall be constructed, operated and maintained to meet the following minimum requirements: (1) All tanning facilities shall be equipped with convenient toilet facilities and dressing rooms. Such toilet facilities shall include a toilet and hand washing sinks. Such toilet and dressing rooms shall be properly maintained, as well as meet all state and local codes. (2) Rooms or other enclosures containing tanning devices shall be maintained below 100 degrees Fahrenheit (38 degrees Centigrade) during operation. (3) Tanning facilities shall be constructed, operated and maintained in accordance with applicable city, county and state codes. (4) Clean sanitary towels shall be provided to all patrons using tanning facilities. (5) A hamper or receptacle must be provided for all soiled towels and linen. (6) No pets or animals are permitted in tanning facilities other than service animals. Statutory/Other Authority: ORS 431.925 - 431.955 Statutes/Other Implemented: ORS 431.930 History: PH 32-2014, f. 12-22-14, cert. ef. 1-1-15 PH 4-2013, f. & cert. ef. 1-29-13 PH 14-2008, f. & cert. ef. 9-15-08 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91
333-119-0041 General Requirements: Cleaning and Sanitation (1) All areas of the tanning facility, including tanning devices, equipment and apparatus, shall be maintained in a clean and sanitary manner by the facility operator. (2) The tanning device(s) and protective eyewear shall be sanitized after each client use, by the facility operator. (3) A clean paper or cloth towel shall be used each time the tanning device is sanitized. (4) An operator cannot require the consumer to sanitize the tanning equipment or protective eyewear and shall not post any signs requesting such sanitation be performed by the consumer. (5) The sanitizer must contain a concentration of Quaternary Ammonium between 400ppm-800ppm. (6) A test kit that accurately measures the concentration of the sanitizing solution in parts per million (ppm) shall be used to measure the strength of the sanitizing solution when the concentrate and water dilution is initially prepared and tested weekly thereafter to ensure sufficient strength remains within the sanitizing solution. Statutory/Other Authority: ORS 431.925 - 431.955 Statutes/Other Implemented: ORS 431.930 History: PH 32-2014, f. 12-22-14, cert. ef. 1-1-15 PH 4-2013, f. & cert. ef. 1-29-13
333-119-0050 Specific Requirements: Warning Statement (1) At each customer's initial visit to a tanning facility, and at least annually thereafter, the customer shall be provided a written statement to review and sign, which warns the customer that: (a) Not wearing appropriate protective eyewear may cause damage to the eyes; and (b) Overexposure to the tanning process may cause burns; and (c) Repeated exposure to the tanning process may cause skin cancer or premature aging of the skin or both; and (d) Abnormal skin sensitivity or burning may result from the tanning process if the customer is also consuming or using certain foods, cosmetics or medications (such as tranquilizers, antibiotics, diuretics, blood pressure medication or birth control pills); and (e) Any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device; and (f) The frequency and duration of tanning sessions must not exceed tanning device manufacturer recommendations; and (g) Frequent users should be regularly screened for skin cancer by a physician. (2) An Authority approved tanning client card may be used to satisfy the requirement of section (1) of this rule. (3) The warning language in the written statement must be in 14 point or larger font. Statutory/Other Authority: ORS 431.925 - 431.955 Statutes/Other Implemented: ORS 431.925 - 431.955 History: PH 32-2014, f. 12-22-14, cert. ef. 1-1-15 PH 14-2008, f. & cert. ef. 9-15-08 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91
333-119-0060 Specific Requirements: Warning Sign (1) The registrant shall conspicuously post the warning sign described in section (2) of this rule within one meter (39.37 inches) of each tanning device and in such a manner that the sign is clearly visible, not obstructed by any barrier, equipment or other object, and can be easily viewed by the customer before operating the tanning device. (2) The warning sign in section (1) of this rule shall meet the following requirements: (a) The sign shall be printed on paper or similar material no smaller than 8.5 inches by 11 inches. Signs are available for printing on the Authority’s website. (b) The major sign heading shall be labeled "DANGER" and the section entitled "FAILURE" shall be a minimum of Times New Roman, bold with a minimum font size of 40. (c) The body text shall be a minimum of Times New Roman with a minimum font size of 20. DANGER — ULTRAVIOLET RADIATION Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and/or skin cancer. Frequent users should be regularly screened for skin cancer. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. Medications or cosmetics may increase your sensitivity to the Ultraviolet radiation. Consult a physician before using sunlamp or tanning device if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from the use of this product. Tanning session frequency and time shall not exceed the device manufacturer’s recommendations. Statutory/Other Authority: ORS 431.925 - 431.955 Statutes/Other Implemented: ORS 431.925 - 431.955 History: PH 32-2014, f. 12-22-14, cert. ef. 1-1-15 PH 20-2010, f. & cert. ef. 9-1-10 PH 14-2008, f. & cert. ef. 9-15-08 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91
333-119-0070 Specific Requirements: Protective Eyewear (1) The registrant shall make available protective eyewear for use during tanning sessions. (2) The protective eyewear in section (1) of this rule shall meet the requirements of 21 Code of Federal Regulations (CFR) Part 1040, Section 1040.20(c)(4). (3) Tanning facility operators shall ensure, before each tanning session, that clients have approved protective eyewear. Statutory/Other Authority: ORS 431.925 - 431.955 Statutes/Other Implemented: ORS 431.925 - 431.955 History: PH 32-2014, f. 12-22-14, cert. ef. 1-1-15 PH 14-2008, f. & cert. ef. 9-15-08 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91
333-119-0080 Specific Requirements: Training of Personnel (1) The registrant shall ensure that tanning devices are operated only while an adequately trained operator is present at the tanning facility. (2) All operators of registered tanning devices must successfully complete an Authority approved tanning training course prior to commencement of tanning operations. (3) Approved training will include, at a minimum, content covering the rules of this division, skin typing, recognition of overexposure, as well as any other topic determined by the Authority to be critical to client protection. Statutory/Other Authority: ORS 431.925 - 431.955 Statutes/Other Implemented: ORS 431.930 History: PH 32-2014, f. 12-22-14, cert. ef. 1-1-15 PH 4-2013, f. & cert. ef. 1-29-13 PH 20-2010, f. & cert. ef. 9-1-10 PH 4-2010, f. & cert. ef. 2-16-10 PH 14-2008, f. & cert. ef. 9-15-08 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91
333-119-0090 Specific Requirements: Protection of Consumers The registrant and operators are responsible for protecting the customers from overexposure to Ultraviolet Light by ensuring that: (1) Only one customer may occupy the tanning room. In the case of a customer using a tanning device who may need the aid or assistance from another person, that individual must also be provided with and wear protective eyewear. (2) No customer under the age of 18 years shall be allowed to use a tanning device without a completed Oregon Underage Tanning Medical Recommendation form completed by a licensed physician and identification. The recommendation: (a) Must identify the physician and client and describe the recommended tanning session frequency(s) and duration(s); (b) Must identify dates for starting and ending of the tanning sessions; and (c) Cannot exceed the exposure scheduled per OAR 333-119-0100(14)(b). (3) A sign shall be posted in conspicuous view at or near the reception area with the following text in a minimum of at least 36 point type: "PERSONS UNDER AGE 18 ARE NOT ALLOWED TO USE A TANNING DEVICE WITHOUT A WRITTEN RECOMMENDATION FROM A LICENSED PHYSICIAN" (4) Each person using a tanning device shall be instructed by the operator on the maximum exposure time and proper exposure distance, as recommended by the manufacturer of the device. The operator shall also instruct the customer as to the location and proper operation of the tanning device's emergency shut off switch. (5) Infants and minors are not permitted to be in the tanning device room during exposure by parents or guardians. (6) Tanning operators shall limit exposure time to the device manufacturer’s recommendations. The maximum exposure time recommended by the manufacturer of the device shall not be exceeded in any 24-hour period. (7) A copy of the manufacturer’s recommended exposure schedule shall be maintained at the remote timer controls for each device. (8) At the time of their initial visit, all clients shall have their skin type determined according to the Fitzpatrick Skin Type Scale, and their skin type recorded in the client record. (9) Tanning operators shall maintain a list of the common photosensitizing agents as provided by the Public Health Division, FDA, or other appropriate authorities, available for review by customers. (10) Tanning facilities are prohibited from controlling the use of tanning devices solely with token timer systems or a mechanical timer system. Statutory/Other Authority: ORS 431.925 - 431.955 Statutes/Other Implemented: ORS 431.930 History: PH 32-2014, f. 12-22-14, cert. ef. 1-1-15 PH 14-2013, f. 12-26-13, cert. ef. 1-1-14 PH 10-2011, f. 9-30-11, cert. ef. 10-1-11 PH 4-2010, f. & cert. ef. 2-16-10 PH 14-2008, f. & cert. ef. 9-15-08 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91
333-119-0110 Specific Requirements: Records and Reports (1) The registrant shall maintain a record of each customer's total number of tanning visits, dates and durations of tanning exposures. (2) The registrants shall maintain a record of each customer's signature and acknowledgement that they understand the potential risks involved with exposure to ultraviolet radiation and overexposure, and that they have reviewed a photosensitizing drug list. (3) The registrant shall maintain and have available when requested by the Authority, all completed Oregon Underage Tanning Medical Recommendation forms with copies of the identification used for each minor allowed to use a tanning device. (4) Upon their initial visit, all tanning clients must present acceptable identification as proof of age. The type of identification, identification number, client’s name, and date of birth shall be recorded by the registrant in the client’s record. When requested by the Authority, records shall be available for review. (5) The registrant shall maintain a record of operator training as required in OAR 333-119-0080(3). (6) The registrant shall maintain a copy of the owner’s manual for each tanning device. (7) Records shall be maintained showing the method of disposal of all tanning devices and lamps. (8) All required records shall be maintained in a location and format as to be readily available for review during inspections conducted by the Authority. Statutory/Other Authority: ORS 431.925 - 431.955 Statutes/Other Implemented: ORS 431.925 - 431.955 History: PH 32-2014, f. 12-22-14, cert. ef. 1-1-15 PH 14-2013, f. 12-26-13, cert. ef. 1-1-14 PH 14-2008, f. & cert. ef. 9-15-08 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91
333-119-0120 Specific Requirements: Advertising (1) Registrants shall not claim or distribute promotional materials that claim using a tanning device is safe, free from risk or that using the device will result in medical or health benefits. Only cosmetic claims can be promoted. (2) No person, in any advertisement, shall refer to the fact that such person, or such person's facility is registered with the Authority pursuant to the provisions of this division, and no person shall state or imply that any activity under such registration has been approved by the Authority. Statutory/Other Authority: ORS 431.925 - 431.955 Statutes/Other Implemented: ORS 431.930 History: PH 32-2014, f. 12-22-14, cert. ef. 1-1-15 PH 20-2010, f. & cert. ef. 9-1-10 PH 14-2008, f. & cert. ef. 9-15-08 PH 36-2004, f. & cert. ef. 12-1-04 PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05 PH 3-2003, f. & cert. ef. 3-27-03 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91
333-119-0130 Specific Requirements: Exemptions (1) The Authority may, upon application therefore or upon its own initiative, grant such exemptions or exceptions from the requirements of the rules in this section as it determines are authorized by law and will not result in undue hazard to public health and safety. (2) A phototherapy device used by or under the direct supervision of a physician licensed under ORS Chapter 677 is exempt from the requirements of this division. (3) Any individual is exempt from the provisions of this division to the extent that such individual owns a tanning device exclusively for personal use. (4) Tanning devices, while in transit or storage, are exempt from the registration provisions of this division. Statutory/Other Authority: ORS 431.925 - 431.955 Statutes/Other Implemented: ORS 431.925 - 431.955 History: PH 32-2014, f. 12-22-14, cert. ef. 1-1-15 PH 14-2008, f. & cert. ef. 9-15-08 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91
333-119-0140 Specific Requirements: Denial, Revocation, Termination of Registration (1) The Authority may deny, suspend or revoke registration issued pursuant to this division: (a) For any written false statement in the application for registration or in any statement of fact as required by provisions of this division; or (b) Because of conditions revealed by the application or any report, record, inspection or other means which would warrant the Authority to refuse to grant a registration; or (c) For operation of the tanning facility in a manner that causes or threatens to cause hazard to the public health or safety; or (d) For failure to allow authorized representatives of the Authority to enter the tanning facility at reasonable times for the purpose of determining compliance with the provisions of this division, or an order of the Authority; or (e) For violation of, or failure to observe any of the terms and conditions of the rules in this division, or an order of the Authority; or (f) For failure to properly dispose of used tanning lamps and thus allowing possible use in an unauthorized or hazardous manner. (2) Except in cases of willfulness or cases in which the public health, interest or safety requires otherwise, prior to the institution of proceedings for suspension or revocation of a registration, the Authority shall: (a) Call to the attention of the registrant, in writing, the facts or conduct which may warrant such actions; and (b) Provide reasonable opportunity for the registrant to demonstrate or achieve compliance with all lawful requirements. (3) Any person aggrieved by a decision by the Authority to deny a registration or to suspend or revoke a registration after issuance may request a hearing. (4) The Authority may terminate a registration upon receipt of a written request for termination from the registrant. (5) The Authority may, by rule, regulation, or order, impose upon any registrant such requirements in addition to those established in this regulation as it deems appropriate or necessary to minimize danger to public health and safety or property. Statutory/Other Authority: ORS 431.925 - 431.955 Statutes/Other Implemented: ORS 431.935 - 431.950 History: PH 14-2008, f. & cert. ef. 9-15-08 HD 15-1994, f. & cert. ef. 5-6-94 HD 15-1991, f. & cert. ef. 10-1-91