North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 15 - RADIATION PROTECTION › Section .1400 - TANNING FACILITIES › Section 15 .1415 - EQUIPMENT AND CONSTRUCTION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				registrant shall use only tanning equipment manufactured in accordance with the
				specifications set forth in 21 Code of Federal Regulations (CFR) Part 1040,
				Section 1040.20, and with 21 CFR Part 878.4635, which is herein incorporated by
				reference, including subsequent amendments and editions and may be accessed at
http://www.ecfr.gov/cgi-bin/ECFR?page=browse
.
				The standard of compliance shall be the standards in effect at the time of
				manufacture as shown on the equipment identification label required by 21 CFR
				Part 1010, Section 1010.3. The registrant shall place an additional label on
				the bed that states "North Carolina state law prohibits the use of this device
				by persons under 18 years of age."
(b) Each assembly of tanning equipment shall
				be designed for use by only one consumer at a time.
(c) Each assembly of tanning equipment shall
				be equipped with a timer that complies with the requirements of 21 CFR Part
				1040, Section 1040.20(c)(2). The maximum timer interval shall not exceed the
				manufacturer's maximum recommended exposure time. No timer interval shall have
				an error exceeding plus or minus 10 percent of the maximum timer interval for
				the product.
(d) Tanning equipment
				shall include physical barriers to protect consumers from injury induced by
				touching or breaking the lamps.
(e)
				All tanning equipment labeling required in Paragraph (a) of this Rule shall be
				easily read by the consumer while in the proximity of the tanning
				bed.
(f) The timer intervals shall
				be numerically indicated on the face of the timer.
(g) 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 device has been
				interrupted.
(h) Each assembly of
				tanning equipment shall be provided with a control on the equipment to enable
				the consumer to manually terminate radiation emission from the equipment at any
				time without disconnecting the electrical plug or removing any ultraviolet
				lamp.
(i) The timer for the tanning
				devices shall be remotely located outside the room where the tanning equipment
				is located. The remote timer shall be set by a certified tanning
				operator.
(j) The registrant shall
				ensure that timer tests are performed annually on each assembly of tanning
				equipment and documented in writing for agency review during inspections to
				ensure the timer is accurate to within 10 percent as specified in Paragraph (c)
				of this Rule and the consumer is able to terminate the radiation manually in
				accordance with Paragraph (h) of this Rule.
(k) Medical lamps shall not be used for
				commercial cosmetic tanning purposes.
Authority
				  G.S.
				  104E-7(a)(7);
				  104E-9.1;
Eff. June
				  1, 1989;
Amended Eff. August 1, 2002; June 1, 1993;
Transferred and Recodified from
				  15A NCAC
				  11.1415 Eff. February 1, 2015;
Amended Eff. May 1, 2016;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. June 22,
				  2019.