Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 795 - TANNING FACILITIES CODE › Section 795.30 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The definitions and interpretations contained in section 201 of
				the Federal Food, Drug and Cosmetic Act,
				21
				CFR 1040.20, and the Illinois Food, Drug and
				Cosmetic Act are applicable to those terms when used in this Part. The
				following definitions shall also apply:
"Act" means the Tanning Facility Permit Act.
"Agent" means a local health department recognized by the
				Department.
"Applicant" means any person who applies to the Department for
				a permit to maintain and operate a tanning facility.
"Change of ownership" means any of the following:
In the case of a tanning facility owned by a corporation, the
				transfer of the facility by the corporation to another corporation, to a
				partnership or association, or to a natural person. Transfer of stock in a
				corporation does not constitute change of ownership.
In the case of a tanning facility owned by a partnership or
				association, the transfer of the facility by the partnership or association to
				another partnership or association, to a corporation, or to a natural person.
				Transfer of interest in the partnership or association or substitution of any
				or all partners or members of the association does not constitute change of
				ownership.
In the case of a tanning facility owned by a natural person,
				the transfer of the facility to any corporation, partnership, association or
				other natural person whether or not the owner retains any interest in the
				facility.
"Consumer" means any member of the public who is
				provided access to a tanning facility in exchange for a fee or other
				compensation, or any individual who, in exchange for a fee or other
				compensation, is afforded use of a tanning facility as a condition or benefit
				of membership or access
. (Section 5 of the Act)
"Department" means the Illinois Department of Public
				Health or other health authority designated as its agent
. (Section 5
				of the Act)
"Director" means the Director of Public Health or
				his
or her
designee
. (Section 5 of the Act)
"Disinfect" or "disinfection" means a process that provides an
				effective concentration of a United States Environmental Protection Agency
				approved chemical for enough time as specified by the manufacturer to reduce
				bacterial count, including pathogens, to a safe level (when those disease
				organisms that may be present are destroyed so as to prevent transfer) on
				tanning equipment surfaces and in toilet and hand-washing facilities.
"Existing facility" means a tanning facility that submitted an
				application for a permit to operate a tanning facility on or before March 8,
				1993 and remains in operation with an unexpired tanning facility permit at the
				same location under the same ownership as listed in the original tanning
				facility permit application.
"Expired facility" means a previously permitted tanning
				facility that has not renewed its tanning facility permit on or before the
				expiration date of the permit, except as provided in the definition of new
				facility.
"Extensively remodeled" means conversion of an existing
				structure for use as a tanning facility; structural additions or alterations to
				existing facilities; or changes, modifications or extensions of plumbing or
				electrical systems, excluding routine maintenance of the systems.
"Facility" means tanning facility.
"Fee" means the payment or exchange of goods, or
				anything of value, for the use of the tanning facility or facilities
.
				(Section 5 of the Act)
"Individual" means any human being.
"Injury" means any circumstance or incident, resulting from the
				use of a tanning device that prompts a consumer to seek professional medical
				attention.
"Inspection" means an official examination or observation that
				includes, but is not limited to, tests, surveys, and monitoring to determine
				compliance with this Part.
"Licensee" means the same as "permittee".
"New facility" includes any tanning facility that submitted an
				initial application for a tanning facility permit on or after March 9, 1993.
				Previously permitted facilities that have changed location or ownership are
				considered to be new facilities upon their relocation or change of ownership.
				Expired facilities that fail to renew their tanning facility permit within 90
				days after the permit expiration shall be considered new facilities.
"Operator" means the
trained
person
				designated by the licensee for the facility
to control the operation
				of a tanning facility in compliance with the Act and this Part and
to
				assist and instruct the public in the correct operation of the tanning
				facility
and its equipment. (Section 5 of the Act)
"Other compensation" means the payment or exchange of
				goods, or anything of value, for use of the tanning facility or
				facilities
. (Section 5 of the Act)
"Permanent" means a minimum of five years following the last
				attendance date for record keeping.
"Permit" means a permit issued by the Department in accordance
				with this Part.
"Permittee" means any person who is licensed by the Department
				in accordance with this Part.
"Person" means any individual, corporation, partnership, firm,
				association, society, trust, estate, public or private institution, group,
				agency, political subdivision of Illinois, any other state or political
				subdivision or agency of any other state or political subdivision, and any
				legal successor, representative, agent, or agency of any of the entities
				listed.
"Personal use" means the use of tanning equipment in a private
				residence for the owner or owners of the residence and other individuals living
				at the residence.
"Private residence" means a place in which an individual, group
				or family can live and store personal property, such as a single-family
				detached home, apartment, duplex or condominium. Private residence does not
				mean an apartment complex or a condominium complex or community and does not
				apply to the common or public areas found in the complex or community.
"Photosensitizing agent" means any food, drug, cosmetic,
				toiletry or other substance, whether ingested or topically applied, that may
				induce hypersensitivity of an individual to exposure to the sun or other
				sources of ultraviolet radiation, resulting in inflammation of the skin and its
				underlying structures, often accompanied by edema.
"Protective eyewear" means eyewear that has been designed and
				tested in accordance with
				21
				CFR 1040.20. The protective eyewear shall
				allow for the required protection to ultraviolet radiation while also allowing
				for adequate vision to maintain balance and to locate the tanning equipment's
				"emergency cut-off" switch.
"Radiation" means ultraviolet radiation.
"Radiation machine" means any device capable of producing
				radiation.
"Registrant" means any person who obtains a permit or other
				entitlement from the Department, and who is obligated to obtain the permit or
				other entitlement from the Department pursuant to the Act and this Part.
"Registration" means registration with the Department in
				accordance with this Part.
"Tanning equipment" means sunlamp products and
				ultraviolet lamps intended to induce skin tanning through the irradiation of
				any part of the living body
(Section 5 of the Act) and
equipment that emits ultraviolet (UV) radiation used for tanning of the
				skin, such as a sunlamp, tanning booth, or tanning bed that emits
				electromagnetic radiation with wavelengths in the air between 200 and 400
				nanometers. "Tanning equipment" includes
, but is not limited to,
any accompanying equipment, such as protective eyewear, timers, and
				handrails
(Section 25(g)(2) of the Act) as well as, protective
				barriers, warning labels, recommended exposure schedules, and recommended
				exposure distances. Tanning equipment shall be manufactured in accordance with
				21
				CFR 1040.20.
"Tanning facility" or "tanning facilities" means a room
				or a booth or a group of rooms or booths,
or a structure or business
that houses ultraviolet lamps or products containing lamps intended for
				the irradiation of any part of the living body for cosmetic or nonmedical
				related purposes but does not include any hotel or motel guest rooms where
				sunlamps are installed in the restroom area
. (Section 5 of the
				Act)
"Ultraviolet radiation" means electromagnetic radiation with
				wavelengths in air between 200 nanometers and 400 nanometers.