Section Bar 603.01 - Tanning Owner Requirements(a) Only tanning devices manufactured and certified under the provisions of 21 CFR 1040.20, 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 Parts 1010.2 and 1010.3.(b) Each tanning device shall have the following:(1) A method of remote timing located so that consumers may not set their own exposure time; and(2) A control that allows the consumer to turn on and off the device at any time.(c) There shall be physical barriers to protect consumers from injury caused by falling against or breaking the lamps.(d) The tanning devices shall be maintained in good repair and comply with all state and local electrical code requirements.(e) If a tanning device has a broken physical barrier the unit shall not be used until the broken physical barrier is replaced.(f) Access to the booth shall be of rigid construction, doors shall open outwardly, and nonslip floors shall be provided.(g) Disposable, one-time use eyewear shall not be reused by another consumer. Eyewear that is reusable shall be disinfected with an EPA registered disinfectant according to the manufacturer's direction.(h) The operator shall have the consumer use protective eyewear that meets the requirements of 21 CFR 1040.20(c) (4).(i) Protective eyewear shall not be altered in any manner that would change its use as intended by the manufacturer, such as removal of straps.(j) An entrance, either from the outside, or from a common hallway shall be provided. Access shall not be through any living quarters.(k) Lavatory facilities shall be publicly accessible to all consumers and employees.(l) All tanning facilities shall keep their floors, walls, woodwork, ceiling, furniture, furnishing, and fixtures clean.(m) When a tanning facility closes, the owner of the facility shall notify the board in writing immediately.(n) Defective or burned-out lamps or filters shall be replaced with a type intended for use in that device as specified on the product label on the tanning device or with lamps or filters that are equivalent under 21 CFR 1040, Section 1040.20.(o) Records required by RSA 313-A:30, VI maintained on computer systems shall be regularly copied, at least monthly, and updated on storage media other than the hard drive of the computer. An electronic record shall be retrievable as a printed copy.(p) A tanning facility shall not claim, or distribute promotional materials that claim, that using a tanning device is safe or free from risk or that the use of the device will result in medical or health benefits. The only claim that may be made is that the device is for cosmetic use only.(q) Soiled towels shall be deposited in a receptacle and not used again until properly laundered and sanitized.(r) Each tanning facility shall be kept well lighted and ventilated.(s) Each tanning facility shall have the owners' manual for each tanning unit.(t) Contact surfaces of tanning devices shall be sanitized between each use or the contact surfaces shall be covered by a non-reusable protective material during each use.(u) Any tanning facility, shop, or salon that does not renew a tanning registration shall remove the tanning device(s) from the premises.N.H. Admin. Code § Bar 603.01
#8444, eff 10-06-05; ss by #10412-B, eff 9-19-13
Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10808, Effective 4/2/2015, Expires4/2/2025.Amended by Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12619, Effective 9/13/2018, Expires 9/13/2028.