New Jersey Administrative Code › Title 8 - HEALTH › Chapter 28 - TANNING FACILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 8:28-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall
				  have the following meanings, unless the context clearly indicates otherwise:
"Act" means
				  26:2D-81 et seq. and this
				  chapter.
"Commissioner" means the Commissioner of the New Jersey Department
				  of Health, or his or her designee.
"Communicable disease" means diseases or conditions as defined in
				  N.J.A.C. 8:57-1.
"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.
"Department" means the New Jersey Department of Health.
"EPA" means the U.S. Environmental Protection Agency.
"Equivalent" or "equivalency" means equal to the sunlamp product's
				  original equipment manufacturer's specifications within irradiance tolerances
				  allowed by the FDA.
1. Equivalent replacement parts are fully compatible with the
				  sunlamp products for which they are used, and do not significantly alter the
				  irradiance output of the sunlamp product at the consumer exposure distance, in
				  accordance with the manufacturer's specifications.
"FDA" means the U.S. Food and Drug Administration.
"Handholds" means a physical aid that will help to maintain
				  consumer safety and proper exposure distance, constructed pursuant to
				  8:28-3.1(b)4  and
				  5.
"Inspection" means an official examination or observation
				  including, but not limited to, tests, surveys, and monitoring to determine
				  compliance with rules, orders, requirements and conditions of the Department,
				  established pursuant to this chapter.
"Minor" means any individual less than 18 years of age.
"Operator" means a trained person, no less than 16 years of age,
				  designated by the registrant to control operation of the tanning facility and to
				  instruct and assist a consumer in the proper operation of the tanning
				  equipment.
"Operator training" means a course of instruction conducted or
				  presented under formal classroom conditions, a correspondence program, or through a
				  computer-based program by a person possessing adequate knowledge and experience to
				  offer the curriculum, associated training, and certification testing pertaining to
				  and associated with the safe use of tanning equipment, as established in
				  8:28-3.11.
"Person" means any individual, corporation, partnership, firm,
				  association, trust, estate, public or private institution, group, agency, political
				  subdivision of this State, or any other state and any legal successor,
				  representative or agent of the foregoing.
"PHSSP" means the Public Health Sanitation and Safety Program in
				  the Division of Consumer, Environmental, and Occupational Health Service at the New
				  Jersey Department of Health.
"PHSSP mailing address" means the following mailing address for
				  the Public Health Sanitation and Safety Program of the Department's Consumer,
				  Environmental, and Occupational Health Service, PO Box 369, Trenton, NJ
				  08625-0369.
"PHSSP webpage" means the internet webpage for the Public Health
				  Sanitation and Safety Program of the Department's Consumer, Environmental, and
				  Occupational Health Service located at
www.state.nj.us/health/eoh/phss
.
"Protective eyewear" means any FDA-compliant device designed to be
				  worn by users of a sunlamp product to reduce exposure of the eyes to radiation
				  emitted by the product.
"Registrant" means any person who is registered with the
				  Department and who is legally obligated to register with the Department pursuant to
				  the provisions of the Act.
"Sunlamp product" means any electronic product designed to
				  incorporate one or more ultraviolet lamps and intended for irradiation of any part
				  of the living human body, by ultraviolet radiation within a range of wavelengths,
				  specified by the manufacturer, to induce skin tanning.
"Tanning equipment" means any equipment used during the process of
				  skin tanning with a sunlamp product, including, but not limited to, protective
				  eyewear, timers, ballasts, starters, ultraviolet lamps, reflectors, cooling fans,
				  acrylics, comfort pillows, and handholds.
"Tanning facility" or "facility" means any location, place, area,
				  structure or business that, either as a sole service or in conjunction with other
				  services, provides consumers with access to sunlamp products, ultraviolet lamps or
				  other equipment intended to induce skin tanning through the irradiation of any part
				  of the human body for cosmetic or non-medical purposes.
"Timer" means any device incorporated into a product that
				  terminates radiation emission after a preset time interval.
"Ultraviolet lamp" means any lamp intended for use in sunlamp
				  products that produces ultraviolet radiation within a range of wavelengths,
				  specified by the manufacturer.
"Ultraviolet radiation" means electromagnetic radiation with
				  wavelength in air between 200 nanometers and 400 nanometers.