Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64E - Division of Environmental Health › Chapter 64E-17 - TANNING FACILITIES › Section 64E-17.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Customer" - Means any person who is
				provided access to a tanning facility in exchange for a fee or other
				compensation, or any person 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.
(2) "Employee"- Means
				someone who is working in or for a tanning establishment whether fixed or
				mobile, who is in direct contact with the customer for the purposes of
				cleaning, sanitizing, maintenance of tanning devices, determining human skin
				types and maximum allowable time of exposure; and assisting the customer in the
				proper use of tanning devices.
(3)
				"Formal training" - Means a course of instruction approved by the department
				conducted or presented under formal classroom conditions by a person possessing
				adequate knowledge and experience to offer a curriculum, associated training,
				and certification testing pertaining to and associated with the correct use of
				tanning equipment. Training shall cover ultraviolet radiation and effects on
				the skin, skin typing, exposure time, photosensitivity, FDA and State
				regulations, eye protection, and equipment and maintenance.
(4) "Operator" - A tanning facility owner or
				a person who operates a tanning facility.
(5) "Override timer control" - Means a
				separate electrical timer, switch, or similar device which may be used by the
				operator to start, stop, or reset the timer system for a tanning machine. The
				term does not include electric service panels which control the entire
				electrical system for a building or a portion of a building.
(6) "Person" - Means any individual,
				corporation, partnership, association, political subdivision of this state, any
				other state or political subdivision or department thereof, and any legal
				successor, representative, agent, or department of the foregoing.
(7) "Phototherapy device" - A piece of
				equipment that emits ultraviolet radiation and that is used by a licensed
				health care professional in the treatment of disease.
(8) "Reconditioning" - Means a process or
				procedure by which distressed tanning devices can be brought into compliance
				with federal and state standards for use by the public.
(9) "Safe level" - Means not more than 50
				colony-forming units per four (4) square inches of equipment surface.
(10) "Sanitize" - Means the effective
				bactericidal treatment of surfaces of equipment and devices, which provides a
				sufficient concentration of chemicals and enough time to reduce the bacterial
				count, including pathogens, to a safe level.
(11) "Stop-use order" - Means a notice
				written to a tanning facility by the department to remove a tanning device from
				service because the device does not meet the requirements of this rule, or the
				device is not being operated in accordance with the requirements of this rule.
				This is a proposed agency action issued pursuant to Section
				 120.54, F.S. The notice shall
				include a statement of an individual's right to request a hearing on the
				proposed action.
Rulemaking Authority
					 381.89(13) FS.
					 Law Implemented 381.89
					 FS.
New 1-12-93, Amended 8-7-96, Formerly 10D-112.003, Amended
					 5-10-05.