Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 223 - RULES RELATING TO TANNING FACILITIES › Section 144-223-7 - OPERATION OF TANNING FACILITIES

Current through 2024-29, July 17, 2024
Operation & Maintenance.
Unless otherwise
				  ordered or approved by the Department, each tanning facility shall be operated
				  and maintained to meet the following minimum requirements:
A.
Physical facilities
(1)A warning sign (with the exact text shown
				in Section 7(A)(2) below) shall be posted conspicuously near the tanning
				equipment; it 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 tanning equipment;
(2)The lettering on each warning sign shall
				be at least ten (10) millimeters high for all words shown in capital letters,
				and at least five (5) millimeters high for all lower case letters.
DANGER - ULTRAVIOLET RADIATION
-Follow
						  instructions. -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 skin cancer. -WEAR PROTECTIVE EYEWEAR; 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 your physician before using sun lamp if you are
						  using medications or have a history of skin problems or believe yourself
						  especially sensitive to sunlight. -Medications or cosmetics may increase your
						  sensitivity to the ultraviolet radiation. Consult your physician before using
						  sun lamp if you are using medications or have a history of skin problems or
						  believe yourself especially sensitive to sunlight. -If you do not tan in the
						  sun, you are unlikely to tan from the use of this product.
(3)
				Only tanning equipment manufactured and certified to comply with 21 CFR Part
				1040, Section
				1040.20,
				"Sunlamp products and ultraviolet lamps intended for use in sunlamp products,"
				shall be used in tanning facilities. Compliance shall be based on the standard
				in effect at the time of manufacture as shown on the device identification
				label required by 21 CFR, Part 1010, Section
				1010.3.
(4)Each tanning equipment shall have a timer
				which complies with the requirements of 21 CFR Part 1040, Section
				1040.20(c)(2).
a. The timer shall be incorporated in the
				tanning device.
b. The maximum
				timer interval shall not exceed the manufacturer's maximum recommended exposure
				time.
c. No timer interval shall
				have an error greater than + 10% of the maximum timer interval for the
				product.
d. The timer shall not
				automatically reset and cause radiation emission to resume for a period greater
				than the unused portion of the timer cycle when emission from the tanning
				equipment has been interrupted.
(5)Each piece of tanning equipment shall be
				equipped with a user or consumer accessible on/off switch and an emergency
				shut-off mechanism to allow manual termination of the UV exposure as required
				by
				21
				CFR 1040.20(c)(3).
(6)Each piece of tanning equipment shall have
				labels, as provided in
				21
				CFR 1040.20(d)(1)
				(i-vi).
(7)Tanning equipment shall
				meet the National Fire Protection Association's National Electrical
				Code.
(8)There shall be physical
				barriers to protect consumers from injury induced by touching or breaking the
				lamps.
(9)Additional requirements
				for stand-up booths:
a. There shall be
				physical barriers or other means, such as handrails or floor markings, to
				indicate the proper exposure distance between ultraviolet lamps and the
				consumer's skin.
b. The
				construction of the booth shall be such that it will withstand the stress of
				use and the impact of a falling person.
c. Access to the booth shall be of rigid
				construction; doors shall open outwardly. Handrails and non-slip floors shall
				be provided.