No. 30612: R392-700. Indoor Tanning Bed Sanitation

DAR File No.: 30612
Filed: 03/13/2008, 03:04
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The amendments in this change in proposed rule address public comment received regarding the warning sign, sign placement, and age restriction of operators.

Summary of the rule or change:

In response to public comment, language has been deleted regarding age requirements of operators and placement of signs in tanning booths. The warning sign has been modified. The order of Sections R392-700-9 and R392-700-10 have been switched for added clarity. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the November 15, 2007, issue of the Utah State Bulletin, on page 65. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

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 proposed change in the new rule, but these costs will be covered by existing budgets.

local governments:

There will be no cost increase or savings for local health departments due to changes made in the proposed rule because the changes do not substantially add or reduce workload requirements in enforcing the rule.

small businesses and persons other than businesses:

All tanning facilities are small businesses with fewer than 50 employees. It is estimated that 500 persons under the age of 18 in the 334 tanning salons would have had their positions compromised due to this requirement. There will be some anticipated savings to operators due to lower wages paid to those under 18, versus wages which would have been required to pay employees 18 and older, and anticipated savings in training costs to replace employees under 18. These costs were not estimated in the original Notice of Proposed New rule. These cost savings have been estimated by surveying a small sample size of tanning salons and using this as a basis to estimate the costs to the 334 tanning salons in the state. The aggregate savings in wages to continue to allow 16-year-old persons to operate tanning equipment would be $1,000/per hours worked (number of estimated employees under 18 (500) multiplied by the average wage difference per hour ($2). The aggregate savings in training costs which now would not be required would be $50,000 (estimated number of employees under 18 (500) multiplied by training costs, $100). There will be additional savings related to purchase the required signs as one sign per facility is now required. The cost savings 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 $146,960. Requiring one sign would now cost $13,360, resulting in an aggregate savings of $133,600. 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 $11,022. Requiring one sign would now cost of $1,002, resulting in an aggregate savings of $10,020.

Compliance costs for affected persons:

It is estimated through sample survey that the average number of employees under 18 hired in tanning salons is 1.5 persons per facility. The individual cost savings to continue to allow employees under 18 to operate tanning equipment is estimated at $2/hr per employee. The training cost savings by allowing employees under 18 to continue to operate tanning equipment would be estimated at $100 per new employee hired. There will be an additional savings to purchase the required signs as one sign is now required per facility. The costs depend on the method and materials used to print the sign. Assuming a facility previously needed 11 signs and chose to obtain signs at $40 per sign, the cost would be $440. The cost with the requirement of one sign per facility would be $40, with a cost savings of $400 per facility. Assuming 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 have been $33. The cost with the requirement of one sign per facility would be $3, with a cost savings of $30/facility.

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

This proposed rule change is in response to public comment and should reduce any fiscal impact on regulated business. A. Richard Melton, 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:

05/01/2008

This rule may become effective on:

05/08/2008

Authorized by:

Richard Melton, Deputy Director

RULE TEXT

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

R392-700. Indoor Tanning Bed Sanitation.

 

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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 in a landscape format 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]Arial font as produced in Adobe Acrobat. In addition, the letters shall be:

(a) black in color

(b) [capital letters]all uppercase

(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 80 points in size (approximately 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 61 points in size (approximately 1.5 centimeters high) and centered between the vertical margins. The vertical space between the "WARNING" panel and the top of the words "ULTRAVIOLET RADIATION" shall be approximately 1.6 centimeters. The vertical space between the bottom of the words "ULTRAVIOLET RADIATION" and the top of the words of the first bulleted statement required in subsection (9) shall be approximately 1.6 centimeters.

(8) Beneath the "ULTRAVIOLET RADIATION" line shall appear the body wording of the sign in letters that are 39 points in size (approximately 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.

] -WEAR EYE PROTECTION TO PREVENT BLINDNESS

-TALK TO YOUR DOCTOR IF YOU ARE PREGNANT OR USE ORAL CONTRACEPTIVES

-SOME COSMETICS OR MEDICINES MAY MAKE YOU BURN EASILY - TALK TO YOUR DOCTOR.

-FREQUENT OR LENGTHY EXPOSURE MAY CAUSE SKIN CANCER OR OTHER SEVERE SKIN DAMAGE

-YOU SHOULD WAIT 48 HRS BETWEEN TANNING SESSIONS

(10) The vertical spacing between each of the bulleted statements shall be approximately 1.6 centimeters. The margins to the right and left of the bulleted statements shall be no less than 4.4 centimeters.

(11) The vertical spacing between the last bulleted statement and the bottom margin of the paper shall be no less than two centimeters.

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

 

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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.

 

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R392-700-9. 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 areas 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-[9]10. 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.

]

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

Date of Enactment or Last Substantive Amendment: 2008

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