Section 72-1.3 - Enforcement, public health hazards and other violations

(a) Enforcement.

(1) Operation of a tanning facility without a permit is a violation of this Subpart. The PIO may order any tanning facility operating without a permit to close and remain closed until the facility obtains and displays a valid permit.

(2) Operators in violation of these regulations are subject to the enforcement provisions delineated in the Public Health Law. Where a public health hazard is found, the tanning facility or portion of the facility constituting the hazard shall be placarded to prohibit use until the hazard is corrected in order to protect the public health or safety of the patrons. When a placard is used, it shall be conspicuously posted at each entrance to the tanning facility or portion of the facility constituting the hazard. The placard shall state the authority for its placement and indicate that concealment, mutilation, alteration or removal of it by any person without permission of the PIO shall constitute a violation of this Chapter and the Public Health Law.

(3) Within fifteen (15) days of placarding a facility or portion of the facility, the operator shall be provided with an opportunity to be heard and present proof that continued operation of the facility does not constitute a danger to the public health.

(4) The PIO or his/her designated representative may inspect the premises, within two (2) working days of notification that the hazard has been eliminated, to remove the placards after verifying the correction, or upon notification of correction, may provide verbal authorization for the operator to remove the placard and resume use.

(b) Public health hazards. Any of the following violations are public health hazards, which require the PIO or a designated representative to order immediate correction or to immediately institute action as provided in the law and/or in this Subpart:

(1) The condition of the wiring or electrical system components of tanning equipment is such that an imminent fire or shock hazard exists;

(2) An ultraviolet radiation device does not have an adequate label;

(3) Failure to operate an ultraviolet radiation device in accordance with the label;

(4) Failure to assure and maintain the accuracy of ultraviolet radiation device timers;

(5) Failure to ensure that patrons possess adequate protective eyewear;

(6) Failure to provide adequate protective eyewear at no additional charge to patrons not possessing their own adequate protective eyewear;

(7) Inadequate sanitizing of tanning beds, tanning booths, pillows, headrests or reusable protective eyewear;

(8) Failure to provide timer lockout or remote timer controls; or

(9) Any other condition determined by the PIO to be an imminent risk to the public's health and safety.

(c) Other violations.

Failure to comply with other sections of this Subpart or other parts of this title may be subject to a penalty.

Effective Date: 
Wednesday, October 7, 2009
Doc Status: 
Complete