No. 30612 (New Rule): R392-700. Indoor Tanning Bed Sanitation

DAR File No.: 30612
Filed: 10/23/2007, 02:35
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

S.B. 52 of the 2007 Utah Legislative Session directed the Department of Health to establish warning signs and written consent requirements for tanning facilities. This rule also establishes minimum sanitation and safety standards for tanning facilities. (DAR NOTE: S.B. 52 (2007) is found at Chapter 25, Laws of Utah 2007, and was effective 04/30/2007.)

Summary of the rule or change:

The new rule establishes the minimum sanitation standards for tanning beds. Additionally, it addresses the requirements directed by S.B. 52 regarding warning signs and consent requirements for persons under the age of 18.

State statutory or constitutional authorization for this rule:

Sections 26-15-2 and 26-15-13, and 21 CFR 801, 21 CFR 1010.2, 21 CFR 1010.3, and 21 CFR 1040.20

Anticipated cost or savings to:

the state budget:

There will be costs to write and implement the new rule, but these costs will be covered by existing budgets.

local governments:

There will be increased costs for some local health departments not already regulating tanning beds. Currently, there are 196 tanning facilities regulated within 3 local health departments. Implementation of this rule statewide will result in approximately 138 more tanning facilities regulated in the additional 9 local health departments which currently do not have a local tanning ordinance. Costs of inspection vary greatly between local health departments based on geographical location and time involved. The cost range would be $50 to $175 per inspection, per facility. This would result in an overall increased cost of approximately $11,525 annually. This figure is based on the number of salons in the nine local health department jurisdiction multiplied by the actual fee that will be charged. Local health departments will charge permit fees to offset these costs.

small businesses and persons other than businesses:

All tanning facilities are small businesses with fewer than 50 employees. There will be some anticipated cost to tanning facilities to meet the minimum requirements established by the rule. These costs should be very minimal but are very difficult to estimate as the condition of these unregulated facilities is not now known. The tanning facilities not now regulated in the 9 local health departments, will be charged a permit fee which will result in an estimated additional $11,525 aggregate costs to the industry. There will be an additional cost to purchase the required signage. The costs will depend on the method and materials required to print the sign. The rule does not specify the materials from which the sign must be constructed. A single, professionally produced plastic sign may cost as much as $40 with considerable discount for multiple signs produced at the same time. The rule allows a facility operator to post paper signs, which may be produced from a Department of Health-provided Adobe Portable Document Format (.pdf) file, which would reduce the cost substantially. Assuming all facilities needed 11 signs (one in the lobby and 10 beds) at $40 per sign, the maximum cost would be $60,720. If all operators use the provided .pdf file, have it printed and laminated at a copy shop at approximately $3 per sign, the aggregate cost for the signs would be $4,554. There may be a minimal increase in costs to patrons of those facilities that choose to pass on the cost of the fees. There may be a minimal increase in costs to facilities to meet the consent form requirements as a result of printing costs and increased time to provide the tanning service to minors. This cost is very difficult to estimate and is highly variable among tanning facilities.

Compliance costs for affected persons:

The local health department charge for the permit required by the statute and the inspection ranges from $50 to $175. The fees established by the local health departments depend on the travel distance required to inspect and time required per inspection. There will be some minimal additional costs incurred by the tanning facilities to print, obtain and track consent forms for each customer under the age of 18. There will be an additional cost to purchase the required signs. The costs depend on the method and materials used to print the sign. Assuming a facility needed 11 signs and chose to obtain signs at $40 per sign, the cost would be $440. Assuming a facility needed 11 signs and chose to use the provided .pdf file, have it printed and laminated at a copy shop at approximately $3 per sign, the cost for the signs would be $33. There may be a minimal increase in costs to patrons of those facilities that choose to pass on the cost of the fees. There may be a minimal increase in costs to facilities to meet the consent form requirements as a result of printing costs and of increased time to provide the tanning service to minors. This cost is very difficult to estimate, as it is highly variable.

Comments by the department head on the fiscal impact the rule may have on businesses:

The costs to business because of this rule are necessary to meet the requirements of the statute and to assure proper sanitation to protect the public health. A. Richard Melton, Ph.D., Acting Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Epidemiology and Laboratory Services, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/17/2007

This rule may become effective on:

12/24/2007

Authorized by:

Richard Melton, Deputy Director

RULE TEXT

R392. Health, Epidemiology and Laboratory Services, Environmental Sanitation.

R392-700. Indoor Tanning Bed Sanitation.

R392-700-1. Authority and Purpose.

This rule establishes tanning facility standards. It is authorized by Section 26-15-2 and 26-15-13.

 

R392-700-2. Applicability.

This rule applies to places where consideration is given in exchange for access to a tanning device. This rule does not apply to private, non-commercial use of tanning equipment exclusively for non-commercial use.

 

R392-700-3. Definitions.

As used in this rule:

(1) "Department" means the Utah Department of Health.

(2) "Operator" means any person who owns, leases, or manages a business operating a tanning facility.

(3) "Patron" mean any person who enters a tanning facility with the intent to use a tanning device.

(4) "Phototherapy Device" means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease when used at the health care professional's health care office or clinic.

(5)(a) "Tanning device" means any equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including:

(i) a sunlamp; and

(ii) a tanning booth or bed.

(b) "Tanning device" does not include a phototherapy device.

(6) "Tanning Facility" means any commercial location, place, area, structure, or business that provides an individual access to a tanning device for the purpose of tanning the individual's skin while in the facility.

(7) "Timing Device" means a device that is capable of ending the emission of ultraviolet radiation from tanning device after a preset period of time.

(8) "Ultraviolet Radiation" means electromagnetic radiation that has a wave length interval of 200 nanometers to 400 nanometers in air.

 

R392-700-4. Warning Sign Placement.

(1) The operator of a tanning facility shall post a warning sign that meets the requirements of this rule in a conspicuous location that is readily visible to a person about to use a tanning device.

(a) The operator shall place the warning sign so that all patrons are alerted to the hazard and informed before being exposed to UV radiation. At a minimum, the operator shall post the warning sign:

(i) in the line of sight of a person presenting at the reception or sales counter and no more than 10 feet from where a patron checks in or pays for the tanning session; and

(ii) on a vertical surface in the reception area so that the top border of the writing is between five and six feet above the patron floor level at the reception or sales counter area.

(b) The operator shall also place a warning sign in each tanning booth. For a tanning booth that has the patron control switch located separate from the device, the operator shall also post a warning sign adjacent to the tanning device patron control switch. For a tanning booth that has the patron control switch located on the tanning device, the operator shall also post a warning sign either:

(i) on the wall opposite the entrance to the booth at a level and position easily visible by the patron; or

(ii) on the wall opposite the normal position of the patron's head while using the device and in a manner that is easily visible by the patron.

 

R392-700-5. Warning Sign Requirements.

(1) The warning sign required by R392-700-5 shall meet the requirements of this section. An Adobe Acrobat Portable Document Format, .pdf, file that meets the requirements of this section is available from the Department or the local health department.

(2) The sign shall be 11 inches high by 17 inches wide on a white background.

(3) All lettering shall be in a sans serif font proportional thickness to height so as to be easily readable. Acceptable fonts are arial, arial bold, folio medium, franklin gothic, helvetica, helvetica bold, meta bold, news gothic bold, poster gothic, and universe. In addition, the letters shall be:

(a) black in color

(b) capital letters

(c) adequately spaced and not crowded

(4) There must be a panel at the top of the sign. The background of the panel shall be safety orange in color and shall:

(a) be 3.3 centimeters, high and 42 centimeters wide, including a black line border that is 0.16 centimeter wide surrounding the safety orange background;

(b) have the word "WARNING" in capital letters that are two centimeters high; and

(c) have an internationally recognized safety alert symbol that is two centimeters high and placed immediately to the left of the word "WARNING"

(5) The safety alert symbol shall be black with a yellow field.

(6) The word "WARNING" and the symbol shall be vertically and horizontally centered within the orange panel.

(7) Immediately below the orange panel shall appear the words: "ULTRAVIOLET RADIATION" in letters that are 1.5 centimeters high and centered between the vertical margins.

(8) Beneath the "ULTRAVIOLET RADIATION" line shall appear the body wording of the sign in letters that are one centimeter high.

(9) The body of the sign shall be the following five bulleted statements:

-WEAR PROTECTIVE EYEWEAR MAY CAUSE INJURY OR BLINDNESS

-DO NOT USE IF YOU ARE PREGNANT OR USING ORAL CONTRACEPTIVES

-TAKING CERTAIN MEDICATIONS OR USING CERTAIN COSMETICS MAY CAUSE YOU TO BURN MORE EASILY. TALK TO YOUR DOCTOR.

-AVOID FREQUENT OR LENGTHY EXPOSURE. MAY CAUSE PREMATURE AGING, DRYNESS, FRAGIILITY AND EASY BRUISING OF THE SKIN.

-WAIT 48 HOURS BETWEEN TANNING SESSIONS.

(2) Local health departments may add additional warning requirements that are applicable to all patrons of all tanning facilities.

 

R392-700-6. Written and Signed Consent.

(1) It is unlawful for any operator of a tanning facility to allow a person younger than 18 years old to use a tanning device, except upon meeting the requirements of 26-15-13. The consent form shall conform to the Utah Department of Health Tanning Consent Form, October 15, 2007, which is incorporated by reference.

(2) Before allowing any patron to use a tanning device, the operator shall upon an patron's initial visit to the tanning facility and annually thereafter:

(a) provide the patron a written paper notice containing the information in subsection (3);

(b) provide the patron an opportunity to read the notice and ask questions;

(c) obtain the patron's dated signature signifying that the patron has read the notice;

(d) give the patron a copy of the notice.

(3) The notice required in subsection (2) shall include the following:

(a) a representative list of potential photosensitizing drugs and agents;

(b) information regarding potential negative health effects related to ultraviolet exposure including:

(i) the increased risk of skin cancer;

(ii) the increased risk of skin thinning and premature aging;

(iii) the possible adverse effect on some viral conditions or medical condition, such as lupus when using a tanning device.

(c) information on how to determine skin sensitivity, and information on how different skin types respond to the tanning facilities different tanning devices;

(d) an explanation of Ultraviolet-A (UVA) and Ultraviolet-B (UVB) light's effect on the body, the need to use proper protective eyewear with both UV-A and UV-B systems, and that closing the eyes is not sufficient to prevent possible eye damage;

(e) information on the capacity of devices, including proper exposure times and intensity;

(f) information on the risk of tanning too frequently and on over exposure;

(g) information that tanning may be inadvisable during pregnancy; and

(h) other relevant medical information as determined by the local health department.

(3) The operator shall retain the signed patron notices at the tanning facility and make them readily available for inspection by the Department and local health department.

(4) The operator shall provide a separate enclosed area for each tanning device that ensures patron safety and privacy.

(5) The operator shall ensure that only one person enters tanning area during a tanning session.

(6) The operator shall not allow an animal, except for a service animal, to be in a tanning area during a tanning session. The operator shall ensure that service animals allowed in tanning areas be provided eye protection from UV exposure.

 

R392-700-7. Tanning Devices.

(1) A tanning facility may use only commercially available tanning devices manufactured and certified in compliance with 21 CFR 801.4, 21 CFR 1010.2 and 1010.3, and 21 CFR 1040.20.

(a) The operator shall follow all manufacturer safety instructions applicable to each tanning device.

(b) The operator shall not:

(i) operate any tanning device that has an ineffective or inoperable timing device or for which the timing device is missing;

(ii) exceed the manufacturer's maximum recommended exposure time; or

(iii) exceed the exposure time recommended by the manufacturer in compliance with 21 CFR 1040.20(d)(1)(iv).

(3) The operator shall maintain at the tanning facility the manufacturer's, operating instructions, exposure recommendations, and safety instructions for each tanning device.

(4) The operator shall centrally install and locate the timing device controls for each tanning device so that a patron may not set or reset the exposure time on any tanning device. The operator shall not permit any person under age 18, including employees, to set or reset the exposure time on any tanning device.

(5) The operator shall control the temperature of the consumer contact surfaces of a tanning device and the surrounding area so that it will not exceed 100 degrees Fahrenheit.

(6) The operator shall maintain the tanning devices in good repair.

(7) The operator shall provide physical barriers to protect patrons from possible injury which may be induced by touching or breaking tanning equipment lamps.

(8) The operator shall provide physical barriers or other methods, such as handrails or floor markings to indicate the proper exposure distance between ultraviolet lamps and the patron's skin.

(9) The operator shall replace defective or burned-out lamps or filters with lamps and filters that are clearly identified by brand and model designation by the replacement lamp by the lamp manufacturer. The operator shall maintain lamp manufacturer's labeling and user instructions at the facility that demonstrate the equivalence of any replacement lamp or filter.

(10) An operator shall not advertise or promote the use of any tanning equipment using wording such as "safe," "safe tanning," "no harmful rays," "no adverse effect," "free from risk," or similar wording or concept.

(11) The operator shall track each patron's usage to ensure that a patron does not use a tanning device more frequently than once each calendar day or in excess of the manufacturer's recommended exposure.

(12) The tanning device shall allow each patron to exit the tanning device without assistance from the operator.

(13) The operator shall assess each patron's skin type and sensitivity and consider the intensity of the radiation output of the tanning devices in the tanning facility when assigning a patron to use a particular tanning device.

 

R392-700-8. Protective Eye Wear.

Prior to each tanning session, the operator shall offer protective eye wear to each patron, instructions for its use, and notify the patron of possible damage that might occur to the patron if the patron does not wear it. Protective eye wear shall be eye wear that is supplied by the manufacturer for use with the tanning device or that is the equivalent to the protective eye wear supplied by the manufacturer.

 

R392-700-9. Tanning Facility Sanitation.

(1) The operator shall maintain in good repair and in a sanitary condition all portions of the tanning facility, including wall, floors, ceilings, and equipment.

(2) The operator shall clean and sanitize before each use, all:

(a) reusable protective eye wear;

(b) body contact surfaces of the tanning device; and

(c) body contact surfaces of the tanning booth, including all seating surfaces and door knobs.

(3) The operator shall clean the items in subsection (2) using a detergent or other agent able to emulsify oils and hold dirt in suspension using a concentration as indicated by the detergent or other agent manufacturer's use directions included on the product labeling. The operator shall sanitize the items in subsection (2) with a chlorine sanitizer or a quaternary ammonia compound using a concentration as indicated by the sanitizer or compound manufacturer's use directions included on the product labeling.

(4) If the operator cleans the items in a separate process from sanitizing the items, the operator shall clean the items prior to sanitizing them. The operator may use a single product to both clean and sanitize if that product meets the requirements of subsection (3) for the cleaning and sanitizing of the items in subsection (2).

(5) The operator shall ensure that restroom facilities are maintained in a clean and sanitary condition. The operator shall provide hand soap and single use hand drying towels or a hand drying mechanism for patron use.

(6) The operator shall clean and sanitize towels or other linens after each use.

 

R392-700-10. Tanning Physical Facilities.

(1) The operator shall provide a restroom that includes a flushing toilet and a hand-washing sink with hot and cold running water accessible to patrons at each tanning facility. The operator shall ensure that tanning facility floors and walls in the toilet and hand-washing are constructed of smooth, non-absorbent material.

(2) The operator shall ensure that all areas of the tanning facility and temporary tanning facility are properly ventilated. The internal ambient air temperature of the facility shall not exceed 85 degrees F.

(3) The operator shall ensure that all rooms of a tanning facility are capable of being illuminated to allow for proper cleaning and sanitizing.

(4) To prevent patron slip injury, the operator shall ensure that the floor adjacent to each tanning device is clean and slip resistant to allow for safe entry and exit from the tanning device.

 

R392-700-11. Enforcement and Penalties.

A person who violates a provision of this rule that is also a provision of Section 26-15-13 may be subject to a class C misdemeanor. A person who violates a provision of this rule that is not also a provision of Section 26-15-13 is subject to a Class B misdemeanor on the first offense or a Class A misdemeanor on the second offense within one year or a civil penalty on up to $5,000 for each offense as provided in Section 26-23-6.

 

KEY: tanning beds, salons, sanitation, ultraviolet light safety

Date of Enactment of Last Substantive Change: 2007

Authorizing, and Implemented or Interpreted Law: 26-15-2; 26-15-13