FACILITY OPERATIONS

Section 72-1.8 - Patron identification, acknowledgements and consent requirements

(a) Age verification

(1) The operator shall require each patron to provide a driver's license or other photo identification issued by a government entity or educational institution indicating that the patron is at least eighteen (18) years of age.

(2) No person under seventeen (17) years of age shall be permitted to use an ultraviolet radiation device. Persons seventeen (17) years of age to eighteen (18) years of age must provide a consent form as described in Section 72-1.8 (d) of the Subpart.

(b) The operator shall provide to all patrons the Department's information sheet which advises of health risks and conditions under which the use of ultraviolet radiation is contraindicated, such as the use of photosensitizing drugs. Prior to initial exposure, each patron shall also be provided the opportunity to read a copy of the warning specified in Section 72-1.9(a)(2) of these rules.

(c) Statement of acknowledgement

(1) During the initial visit to the tanning facility, the operator shall require that each patron eighteen (18) years of age and older sign a statement that the warning and informational pamphlet has been read and understood prior to using any ultraviolet radiation device, and that the patron agrees to wear adequate protective eyewear.

(2) No person shall undergo ultraviolet radiation exposure without such a signed statement on file.

(3) The operator or a designated employee shall also sign and date the statement.

(d) Consent form

The operator shall not permit persons seventeen (17) years of age to eighteen (18) years of age to use ultraviolet radiation devices until such persons provide the tanning facility operator or an employee responsible for the operation of the ultraviolet radiation device of such facility (per § 3555(2) of PHL) with the written consent form, prescribed by the Commissioner, indicating the following conditions have been met:

(1) Prior to the initial ultraviolet radiation exposure, the parent or legal guardian shall sign and date the consent form in the presence of the operator or an employee responsible for the operation of the ultraviolet radiation device of such facility (per § 3555(2) of PHL).

(2) By signing the consent form, the parent or legal guardian and persons seventeen (17) years of age to eighteen (18) years of age acknowledges that they have read the warnings required in Section 72-1.9(a) of these rules and have received the information specified in Section 72-1.8(b) of these rules.

(3) By signing the consent form, the parent or legal guardian acknowledges that the person(s) seventeen (17) years of age to eighteen (18) years of age has agreed to wear protective eyewear.

(4) The operator or a designated employee shall also sign and date the form.

(5) The written consent form signed by a parent or legal guardian shall expire twelve (12) months from the date it was signed.

Effective Date: 
Wednesday, November 6, 2013
Doc Status: 
Complete

Section 72-1.9 - Physical facilities and equipment

Each tanning facility shall be constructed, operated and maintained to meet the following minimum requirements:

(a) Required warning signs

(1) Warning signs shall be readily legible, clearly visible, and not obstructed by any barrier, equipment, or other item present so that the patron can easily view the warning sign before energizing the ultraviolet radiation device. This sign is in addition to manufacturer's signs affixed to the device.

(2) Each warning sign shall be at least 8.5 inches by 11 inches, and use upper and lower case letters which are at least 10 mm (0.39 inches) and 5 mm (0.20 inches) in height, respectively. Lettering shall be bolded as in the text below. Signs shall have the following wording:

WARNING ULTRAVIOLET RADIATION

FOLLOW INSTRUCTIONS.

AVOID OVEREXPOSURE.

The manufacturer's
maximumexposure time for this device is
(specify)minutes.

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 EYE.

MEDICATIONS OR COSMETICS MAY INCREASE YOUR SENSITIVITY TO ULTRAVIOLET RADIATION.Consult a physician before using tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight.

IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN FROM THE USE OF THIS PRODUCT.

(b) Posting of required warnings.

A warning sign shall be posted in the immediate proximity (within three feet) of each ultraviolet radiation device. The operator shall enter the manufacturer's maximum exposure time on the sign for the device it is posted near.

(c) Equipment.

(1) Only adequately labeled ultraviolet radiation devices shall be used in tanning facilities.

(2) Each ultraviolet radiation device shall incorporate a timer system with multiple timer settings as specified on the manufacturer's label. The maximum timer

interval(s) shall not exceed the manufacturer's maximum recommended exposure time.

(i) No timer interval shall have an error greater than 10% of the maximum timer interval for the product.

(ii) The operator shall perform annual testing on all timers to ensure that this standard is met.

(iii) The timer must 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 ultraviolet lamp has been interrupted.

(3) Each ultraviolet radiation device shall allow the patron using the ultraviolet radiation device to terminate ultraviolet radiation emission manually at any time without disconnecting the electrical plug, removing the ultraviolet lamp or leaving the immediate environs of the ultraviolet radiation device.

(4) Timers shall be set by the operator or by a designated employee.

(5) No later than two years after the effective date of this Subpart, existing ultraviolet radiation devices not equipped with a remote timer control system are required to have remote timer controls or a lock out device installed, such that patrons can not reset the timer.

(6) New facilities (including existing facilities with change of ownership) shall install remote timer controls or a lock out device prior to the operation of ultraviolet radiation devices.

(7) All ultraviolet radiation devices shall be free of electrical hazards.

(8) All ultraviolet lamps must be shielded with an acrylic cover to protect patrons from injury caused by touching or breaking lamps.

(9) Additional requirements for stand-up booths:

(i) There shall be physical barriers or other means such as handrails or floor markings to indicate the recommended exposure distance between ultraviolet lamps and the patron's skin.

(ii) Doors shall open outwardly. Handrails and non-slip floors shall be provided.

(10) Defective or burned out ultraviolet lamps or filters shall be replaced with a type compatible for use in that device as specified on the product label on the ultraviolet radiation device, or as recommended by the manufacturer.

(11) Equipment maintenance records must be maintained for a minimum of two (2) years. The operator must be able to produce such records upon inspection of the facility by the Department or the PIO's representative.

(d) Sanitation.

(1) Ultraviolet radiation devices and protective eyewear shall be cleaned with an adequate disinfectant after each use.

(2) The ultraviolet light produced by the ultraviolet radiation device shall not be considered an adequate sanitizing agent.

(3) When the operator dilutes a concentrated disinfectant in lieu of using a commercially prepared, full strength disinfectant, a test kit or other device that accurately measures the concentration of the disinfectant in parts per million (ppm) shall be used to measure the strength of the solution. The diluted disinfectant shall be tested when initially prepared and at least weekly thereafter to ensure sufficient strength of the disinfectant.

(4) The ultraviolet radiation device shall be cleaned and sanitized according to the following minimum provisions:

(i) A clean paper or cloth towel shall be used each time the tanning device is cleaned and sanitized;

(ii) The disinfectant shall be one specifically manufactured for sanitizing ultraviolet light-emitting equipment and shall be prepared and used according to manufacturer's specifications;

(5) The disinfectant used to clean and sanitize protective eyewear shall be one specifically manufactured for sanitizing ultraviolet radiation protective eyewear and shall be prepared and used according to the manufacturer's specifications.

(6) Written procedures maintained at the facility shall include proper mixing and handling instructions for each disinfectant used to ensure proper concentration and safe use of the disinfectant.

(7) Pillows and headrests shall be covered in an easily cleanable material and shall be sanitized with an adequate disinfectant after each use.

(8) If towels or other linens are provided for patron use, they shall be washed with a detergent in hot water, rinsed and thoroughly dried after each use.

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

Section 72-1.10 - Protective eyewear

(a) The operator shall assure that each patron using an ultraviolet radiation device possesses adequate protective eyewear.

(b) Adequate protective eyewear shall be provided at no additional charge to patrons not possessing their own protective eyewear.

(c) The operator shall have available for patron use an adequate number of sets of protective eyewear.

(d) The protective eyewear provided by the operator other than single-use disposable eyewear shall be disinfected after each use according to provisions detailed in section 72-1.9(d)(5) of this Subpart.

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

Section 72-1.11 - Operator responsibilities

(a) The operator shall maintain a record of each patron's tanning visits, recording the date, duration of tanning exposure, and ultraviolet radiation device used. Each record shall be maintained for a minimum of two (2) years.

(b) The operator must report certain injuries and illnesses to the PIO, and to keep a record of reportable injuries and illnesses on a form prescribed by the Department, as detailed in section 72-1.7 of this Subpart. Each record shall be maintained for a minimum of two (2) years.

(c) The operator must keep and maintain an equipment maintenance log as detailed in section 72-1.9 (c)(11) of this Subpart.

(d) The operator must maintain records showing the results of annual timer tests as detailed in section 72-1.9 (c)(2)(ii) of this Subpart. Each record shall be maintained for a minimum of two (2) years.

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