10-144-223 Me. Code R. § 6

Current through 2024-51, December 18, 2024

Section 144-223-6 - OPERATION OF TANNING FACILITIES

Operation & Maintenance. Unless otherwise ordered or approved by the Department, each tanning facility shall be operated and maintained to meet the following minimum requirements:

A.Physical facilities

1. A warning sign (with the exact text shown in Section 6(A)(2) below) shall be posted conspicuously near the tanning equipment; it shall be readily legible, clearly visible, and not obstructed by any barrier, equipment, or other item present, so that the user can easily view the warning sign before energizing the tanning equipment;

2. The lettering on each warning sign shall be at least 10 millimeters high for all words shown in capital letters, and at least 5 millimeters high for all lower-case letters.

3. Only tanning equipment manufactured and certified to comply with federal Performance Standards for Light-Emitting Products (21 CFR Part 1040, § 1040.20), which states the following: "Sunlamp products and ultraviolet lamps intended for use in sunlamp products," shall be used in tanning facilities. Compliance shall be based on the standard in effect at the time of manufacture as shown on the device identification label required by 21 CFR, Part 1010, Section 1010.3."

DANGER - ULTRAVIOLET RADIATION -Follow instructions. -Avoid overexposure. 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 EYES. -Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult your physician before using sun lamp if you are using medications or have a history of skin problems or believe yourself especially sensitive to sunlight. -Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult your physician before using sun lamp if you are using medications or have a history of skin problems or believe yourself especially sensitive to sunlight. -If you do not tan in the sun, you are unlikely to tan from the use of this product.

4. Each piece of tanning equipment must have a timer which complies with the federal Performance Standards for Light-Emitting Products (21 CFR Part 1040, Section 1040.20(c)(2)).

a. The timer must be incorporated in the tanning device.

b. The maximum timer interval is not allowed to exceed the manufacturer's maximum recommended exposure time.

c. No timer interval is allowed to have an error greater than 10% of any selected timer interval for the product. The timer must be remotely located, so customers cannot set their own exposure time.

d. The timer must be prevented from an automatic reset, in order to avoid radiation emission from resuming for a period greater than the unused portion of the timer cycle, when emission from the tanning equipment has been interrupted.

5. Each piece of tanning equipment must be equipped with a user or consumer accessible on/off switch and an emergency shut-off mechanism to allow manual termination of the UV exposure, as required by 21 CFR § 1040.20 (c)(3) in Performance Standards for Light-Emitting Products.

6. Each piece of tanning equipment must have labels, as provided in Performance Standards for Light-Emitting Products at 21 CFR § 1040.20(d)(1) (i-vi).

7. Tanning equipment must meet the National Fire Protection Association's National Electrical Code.

8. Physical barriers must be in place to protect consumers from injury induced by touching or breaking the lamps.

9. Additional requirements for stand-up booths:

a. Physical barriers or other means, such as handrails or floor markings, must be in place to indicate the proper exposure distance between ultraviolet lamps and the consumer's skin.

b. The construction of the booth must be such that it will withstand the stress of use and the impact of a falling person.

c. Access to the booth must be of rigid construction; doors must open outwardly. Handrails and non-slip floors must be provided.

10. The owner or lessee of a tanning facility or device must post a notice in a conspicuous place in the tanning facility (with the exact text shown in Section 6(A)(11) below). This notice must be readily legible, clearly visible, and not obstructed by any barrier, equipment, or other item present, so that the user can easily view the notice before energizing the tanning equipment.

11. The lettering on each warning sign must be at least ten (10) millimeters high for all words shown in capital letters, and at least five (5) millimeters high for all lower-case letters.

TANNING FACILITY NOTICE It is unlawful for a tanning facility, a lessee of a tanning device, or an operator to allow an individual under 18 years of age to use a tanning device. A tanning facility, a lessee of a tanning device, or an operator that violates the provisions of State of Maine Tanning Facilities Rule is subject to penalties. An individual may report a violation of the State of Maine Tanning Facilities Rule to the local law enforcement agency or Radiation Control Program of the Maine Center for Disease Control and Prevention (207) 287-5676. The health risks associated with tanning include but are not limited to skin cancer, premature aging of skin, burns to the skin and adverse reactions to certain medications, food, and cosmetics.

12. The customer is limited to the maximum exposure time recommended by the manufacturer for that customer's skin type.

13. The customer is not allowed to use a tanning device more than once every 24 hours.

14. The interior temperature of the tanning facility does not exceed 100 degrees Fahrenheit.

B.Protective Eyewear

(1) While using tanning equipment, each consumer must wear protective eyewear that is either provided by the tanning facility or the consumer.

(2) Each consumer must be offered at no cost, protective eyewear and instructions for their use. Consumers may decline the offer and use their own eyewear.

(3) Protective eyewear, whether provided by the facility operator or worn by the consumer, must meet the requirements of Performance Standards for Light-Emitting Products at 21 CFR Part 1040, Section 1040.20(c)(4).

(4) Protective eyewear must be properly sanitized before each use by a trained facility operator. A sanitizing agent recommended by the product manufacturer must be used. Exposure to the ultraviolet radiation produced by the tanning equipment itself is not considered a sanitizing agent.

C.Operation

1. A tanning registrant may only allow operation of tanning equipment by those who have successfully completed a formal or informal operator training course.

2. Tanning equipment must be operated only when a trained operator is present at a tanning facility.

3. Prior to the first exposure in each calendar year, each consumer must be required to sign a consent form. For illiterate or visually handicapped persons, the warning statement and tanning facility notice must be read by the operator in the presence of a witness. Both the witness and the operator must sign the statement. The warning statement must include language that the consumer:

a.Understands the warning sign's statement and the tanning facility notice which must satisfy the requirements of Section 6(A)(1) and (2) as well as Section 6(A)(10) and (11) of this rule;

b. Agrees to use protective eyewear; and

c. Has been properly trained for the use of the tanning device and physical aids, including handrails and markings on the floor to maintain a proper exposure distance from the tanning device as recommended by the manufacturer.

4. The facility operator must keep a record of each consumer's consent forms, total number of tanning visits and dates and tanning duration. The records must be maintained for three years after the last tanning visit. The consumer must initial the tanning visit and tanning duration to validate the entry.

5. A copy of any written report of any tanning injury submitted to the facility's insurer must be forwarded to the Department within five working days of its occurrence or knowledge thereof. The report shall include:

a. The name of the affected individual;

b. The name and location of the tanning facility involved;

c. The nature of the injury;

d. The name and address of health care provider, if any; and

e. Any other information considered relevant to the situation.

6. No individual under the age of 18 is allowed to use the tanning equipment. Proof of age may be satisfied with a driver's license or other government-issued identification containing the date of birth and a photograph of the individual, in accordance with 22 MRS § 689-A (2).

7. Defective or burned-out lamps or filters must be replaced with a type intended for use in that piece of tanning equipment, as specified on the product label on the tanning equipment, or, with lamps or filters that are "equivalent" under the FDA regulations and policies applicable at the time of the lamp's manufacturing date.

8. Tanning beds and stand-up booths must be cleaned after each use with an approved sanitizer by the facility operator. A list of approved sanitizers will be maintained by the Department. The operator must use a sanitizer that sanitizes to a safe level of microorganisms, as required by this rule. A clean paper towel must be used each time that the tanning equipment is used and sanitized. The ultraviolet light produced by the tanning equipment itself is not considered an adequate sanitizer.

D.Training

1. The registrant must ensure that all tanning equipment operators are adequately trained by formal and/or informal training.

2. At least one tanning equipment operator must be adequately trained by a pre-approved formal training course. Formal training is obtained by successfully attending a classroom course, completing a correspondence course, or online course, and receiving a certificate.

3. The Department will maintain a list of pre-approved formal training course vendors.

4. Training must include the following items listed below:

a. A copy of this rule (informal training only);

b. Procedures for correct operation of the facility (informal training only);

c. Recognition of injury or overexposure;

d. Manufacturer's procedures for operation and maintenance of tanning equipment (informal training only);

e. Emergency procedures in case of injury or overexposure;

f. Procedures for correct cleaning, sanitizing, and operation of the tanning equipment. This training includes proper care and use of protective eyewear;

g. Biological effects of ultraviolet radiation, maximum allowable time of exposure, photosensitivity, and determination of human skin types, as it relates to compliant use of the FDA recommended exposure schedule;

h. Review and explanation of the lamp compatibility for tanning equipment; and

i. Courses which include written material which covers the required subjects, such as a training manual, audio-visual presentations on the required subjects (such as videos or slides), copies of Maine's Tanning Facility rule and Performance Standards for Light- Emitting Products at 21 CFR Section 1040.20, and a question/answer period for trainees.

5. A list or log of operators trained in accordance with Section 6(D)(4) above must be maintained and available at the facility. Inclusion of an individual as an operator on this list will be considered proof of training.

10-144 C.M.R. ch. 223, § 6