Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-17 - TANNING FACILITIES › Section 64E-17.002 - Design and Safety Requirements

Current through Reg. 50, No. 138; July 16, 2024
Each tanning facility shall be designed, operated, and
				  maintained to meet the following minimum requirements:
(1) Prior to the use of a structure as a
				tanning facility, plans of the facility and its proposed operation shall be
				submitted to and approved by the local county health department. All plans
				shall be legible, drawn to scale and shall comply with the requirements of this
				chapter. Plans shall show the location of all tanning devices and sanitary
				facilities. Applicant shall also submit the manufacturer, model number and
				serial number for all tanning devices and lamps being used within the facility,
				as well as the tanning equipment supplier. All plans shall be processed in
				accordance with the requirements of Section
				 120.60, F.S.
(2) Physical facilities.
(a) The warning sign required by Section
				 381.89(4)(b),
				F.S., 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 ultraviolet light generating
				equipment.
(b) Only tanning
				equipment manufactured, certified and legibly labeled to comply with
				 21 Code of Federal
				Regulations (C.F.R.), Part 1040, Section
				1040.20, "Sunlamp Products and Ultraviolet
				Lamps Intended For Use In Sunlamp Products, " April 1, 1999, incorporated
				herein by reference, shall be used in tanning facilities. Tanning devices that
				have been reconditioned must comply with federal and state requirements.
				Compliance shall be based on the federal standard in effect at the time of
				manufacture as shown on the device identification label.
(c) Each tanning device shall have a timer,
				which complies with the requirements of  21 C.F.R. Part 1040, §
											1040.20(c)(2)(3). 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 timer interval for the
				product. The tanning device timer shall be set by a trained operator or other
				trained facility employee. All tanning equipment shall be provided with an
				override timer control installed outside of the room in which a tanning device
				is located and operated only by tanning facility personnel. Each tanning device
				must be equipped with an emergency shut-off mechanism on the tanning device
				allowing manual termination of the UV exposure by the consumer, as required by
				 21 C.F.R. §1040.
(d) There
				shall be physical barriers to protect customers from injury through contact
				with hot or broken lamps.
(e) There
				shall be physical barriers around each tanning device which is in use, such as
				permanent or portable partitions, to protect people who are not using the
				device from line-of-sight accidental ultraviolet radiation exposures.
(f) A trained operator or other trained
				facility employee shall clean and properly sanitize any reusable protective
				eyewear and body contact surfaces of tanning devices after each use.
(g) When sanitizing tanning equipment and
				protective eyewear, the facility shall use a sanitizer capable of providing a
				safe level of microorganisms, as required by this rule. A clean paper or cloth
				towel shall be used each time the bed or other equipment is cleaned. The
				sanitizer, as described in this chapter, is one specifically manufactured for
				sanitizing ultraviolet light emitting equipment, protective eyewear, is
				registered with the U.S. Environmental Protection Agency (EPA), and does not
				damage the acrylic plastic surface of the unit.
(h) A test kit or other device that
				accurately measures the concentration of the sanitizing solution in parts per
				million shall be used to measure the strength of the sanitizing solution at
				least twice per day of tanning facility operation to ensure sufficient strength
				of the sanitizing solution.
(i)
				Each customer shall be provided with protective eyewear that meets the
				requirement of  21 C.F.R. Part 1040, §
											1040.20(c)(4), April 1, 1999 and
				instructions for their use. The operator or employee shall not allow any person
				to use a tanning device if that person refuses to use protective
				eyewear.
(j) There shall be
				sufficient protective eyewear on the premises of a tanning facility to equal
				the maximum number of persons that are able to use the tanning devices at the
				same time.
(k) Exposure to the
				ultraviolet radiation produced by the tanning equipment itself is not
				considered a sanitizing agent for protective eyewear or tanning
				devices.
(l) In addition to the
				requirements in Section
				 381.89(6)(c),
				F.S., each person using a tanning device shall be instructed by the operator or
				a trained employee on the maximum exposure time, as recommended by the
				manufacturer of the device. The operator or a trained employee shall instruct
				the customer as to the location and proper operation of the tanning device's
				emergency shut-off mechanism.
(m)
				The operator must ensure that no individual is allowed to use a tanning device
				more than once every 24 hours.