105 CMR, § 123.002

Current through Register 1536, December 6, 2024
Section 123.002 - Definitions

Applicant means any person who applies to the Board of Health for a license to maintain and operate a tanning facility.

Board of Health or Board means the Board of Health which has jurisdiction in the community in which a tanning facility is located, including the Board or officer having like powers and duties in towns where there is no Board of Health.

Customer means any member of the public who is provided access to a tanning facility in exchange for a fee or other compensation, or any individual who is afforded use of a tanning facility as a condition or benefit of membership or access.

Department means the Massachusetts Department of Public Health.

FDA means the U.S. Food and Drug Administration.

Injury means bodily harm resulting from the use of a tanning device.

Inspection means an official examination or observation by the Department or Board, which includes but is not limited to tests, surveys, and monitoring to determine compliance with rules, regulations, orders, requirements and conditions of the Board or Department.

License means a license to operate a tanning facility issued by the Board.

Licensee means any person who is licensed by the Board to operate a tanning facility.

Maximum Exposure Time means the greatest continuous exposure time interval recommended by the manufacturer of a tanning device.

Maximum Timer Interval means the greatest time interval setting on the timer of a tanning device.

Operator means a person employed and trained by a tanning facility to control, maintain or operate a tanning device under M.G.L. c. Ill, §§ 207 through 213 and 105 CMR 123.000 to assist or instruct customers of the tanning facility in the correct use or operation of a tanning device.

Person means any natural person, corporation, partnership, firm, association, society, trust, estate, public or private institution, group, agency, political subdivision of this Commonwealth, any other State or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing.

Phototherapy Device means equipment that emits ultraviolet radiation and is used by a licensed health care provider in the treatment of disease.

Protective Eyewear or Protective Goggles means any device designed to be worn by users of a tanning device to reduce exposure of the eyes to radiation emitted by the device.

Tanning Device means any equipment used for tanning the skin that emits ultraviolet radiation, including, but not limited to, a tanning booth, tanning bed or sunlamp which includes high pressure tanning lamps.

Tanning Facility or Facility means any location, place, area, structure or business which provides access to tanning devices.

Ultraviolet Radiation means electromagnetic radiation with wavelengths in the air between 200 nanometers and 400 nanometers.

105 CMR, § 123.002

Amended by Mass Register Issue 1333, eff. 2/24/2017.