New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 72 - Tanning Facilities › Subpart 72-1 - Tanning Facilities › General Provisions › Section 72-1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Adequate means
						sufficient to accomplish the purpose for which something is intended, and to
						such a degree that no reasonable risk to health or safety is presented. An item
						installed, maintained, designed and assembled, an activity conducted, or act
						performed, in accordance with generally accepted standards, principles or
						practices applicable to a particular trade, business, occupation or profession,
						is adequate within the meaning of this Subpart.
(b) Department means the New York State
						Department of Health.
(c) Disinfect
						means adequate antimicrobial treatment by a disinfectant capable of destroying
						pathogenic non-spore forming bacteria, viruses, fungi, parasites and protozoa
						on treated surfaces.
(d) FDA means
						United States Food and Drug Administration.
(e) Permit issuing official (PIO) shall mean
						the State Commissioner of Health, or where authorization is requested and
						received from the State Commissioner of Health, the health commissioner or
						health officer of a city of 50,000 population or over, the health commissioner
						or health officer of a county or part-county health district, the State
						regional health director or district director having jurisdiction, or any
						county or public health director having all the powers and duties prescribed in
						section 352  of the Public Health Law. The PIO may
						designate additional persons to act in his/her behalf to issue permits or
						perform inspections as required by this Subpart.
(f) Permit means a license issued to a
						tanning facility operator pursuant to these rules.
(g) Person means an individual, corporation,
						partnership, joint venture or any business entity.
(h) Protective eyewear means any adequate
						equipment designed to be worn by users of an ultraviolet radiation-emitting
						device to reduce exposure of the eyes to radiation emitted by the
						product.
(i) Qualified health care
						professional means a physician licensed by the State of New York to practice
						medicine, or a physician assistant or nurse practitioner licensed to practice
						in New York in collaboration with and under the supervision of a licensed
						physician.
(j) Sanitize means
						adequate antimicrobial treatment by a disinfectant capable of reducing the
						number of pathogenic non-spore forming bacteria on treated surfaces. Exposure
						to the ultraviolet radiation produced by the ultraviolet radiation device
						itself is not considered an adequate sanitizing agent.
(k) Tanning facility means any establishment
						where one or more ultraviolet radiation devices are used, offered, or made
						available for use by any human being, whether or not a fee is charged, directly
						or indirectly, excluding a facility where such device is used by a qualified
						health care professional for treatment of medical conditions.
(l) Ultraviolet radiation device means any
						product which is designed to emit electromagnetic radiation in the wavelength
						interval of 200 nanometers to 400 nanometers in air, and which is intended to
						induce tanning of the human skin through irradiation, including but not limited
						to, a sunlamp, tanning booth, or tanning bed.