Section 123.003 - Operation of Tanning FacilitiesUnless otherwise ordered or approved by the Board or Department, each tanning facility shall be constructed, operated, and maintained to meet the following minimum requirements:
(A)Operator Responsibilities. (1) An operator shall ensure that no customer younger than 18 years old uses a tanning device at the tanning facility.(2) No tanning facility shall employ as an operator a person younger than 18 years old or permit any other employee of the tanning facility who is younger than 18 years old to operate a tanning device.(3) A trained operator meeting the requirements of 105 CMR 123.003(A)(4) must be present at a tanning facility at all times during operating hours.(4) Each operator must be trained and sufficiently knowledgeable in the correct operation of tanning devices used at a facility. That knowledge shall include:(a) the requirements of 105 CMR 123.000 and 21 CFR 1040.20, as amended;(b) skin type determination and the proper use of the manufacturer's Recommended Exposure Schedule;(c) photosensitizing agents such as: foods, cosmetics, and medications that may produce an abnormal or increased skin sensitivity;(d) recognition of injuries from overexposure to ultraviolet radiation;(e) effects of ultraviolet radiation, acute and chronic exposure, biological effects, and health risks;(f) electromagnetic spectrum with emphasis on the photobiology and physics within the 200-400 nanometer range;(g) use of protective eyewear;(h) emergency procedures in case of injury;(i) manufacturer's procedures for the correct operation and maintenance of the tanning device. (5) A list of the facility's operators who have been trained in accordance with 105 CMR 123.003(A)(4) shall be maintained at the facility and be made available at the facility to Board or Department inspectors upon request.(6) An operator shall determine tanning session duration for each customer based on a skin type determination and previous tanning device exposure in order to gradually increase exposure. An operator shall not exceed the exposure times listed in the manufacturer's recommended exposure schedule. At no time shall an operator permit a tanning session to exceed the maximum exposure time established by the manufacturer for a particular tanning device.(7) An operator shall, upon request by a tanning device user or prospective user, with respect to any tanning device that the operator operates, provide a copy of the tanning device user manual or the name and address of the manufacturer or distributor from whom a user manual may be obtained.(8) A tanning facility shall give each prospective user of a tanning device a written warning statement on a form provided by the Department, which contains the warning language specified in 105 CMR 123.003(B)(1)(f). Prior to tanning, each prospective user must sign the warning statement acknowledging he or she understands such warning, unless the prospective user has previously signed the warning statement in the preceding six months. The warning statement shall then be signed by the operator and, whenever possible, by a witness who can verify that the warning information was provided.(B)Physical Plant. (1)Warning Sign. (a) A warning sign shall be posted within three feet of each tanning device;(b) The warning sign shall be readily legible, clearly visible, and not obstructed by any barrier, equipment, or other item so that the user of the tanning device can easily view the warning sign before energizing the ultraviolet light generating device;(c) The warning sign shall be printed in white on a red background;(d) The lettering on each warning sign shall be at least % inch high for all words shown in capital letters and at least 3/16 inch high for all lower case letters;(e) The warning sign shall be at least 8V2 inches wide by 11 inches long;(f) The warning sign shall contain the following information: DANGER ULTRAVIOLET RADIATION 2. Avoid too frequent or lengthy exposure. As with natural sunlight, exposure to a sunlamp may cause eye and skin injury and allergic reaction. Repeated exposure may cause chronic damage characterized by wrinkling, dryness, fragility, bruising of the skin and skin cancer.3. Wear protective eyewear. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG TERM INJURY TO THE EYES.4. Ultraviolet radiation from sunlamps aggravates the effects of sun. Do not sunbathe before or after exposure to ultraviolet radiation.5. Abnormal or increased skin sensitivity or burning may be caused by certain foods, cosmetics or medications, including but not limited to, tranquilizers, diuretics, antibiotics, high blood pressure medication, birth control pills and skin creams. Consult a physician before using a sunlamp if you are using medication, have a history of skin problems, or believe you are especially sensitive to sunlight. Pregnant women or women on birth control pills who use a tanning device may develop discolored skin.6. IF YOU DO NOT TAN IN THE SUN YOU WILL NOT TAN FROM USE OF THIS DEVICE. Use of a tanning device does not provide a substantial protective base against the effects of the sun.(2) Each tanning device shall have a warning placed either directly above or below the exposure schedule stating "Skin Type I individuals (always burns, never tans) should never use tanning devices."(3)Requirements for Tanning Devices. (a) Only tanning devices manufactured and certified to comply with FDA regulations 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 FDA regulations.(b) Each tanning device shall have a timer which complies with the requirements of FDA regulations. The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time. No timer interval shall have an error greater than plus or minus 10% of the maximum time interval for the product.(c) Tanning devices shall meet the requirements of the relevant sections of the National Fire Protection Association's National Electrical Code, and shall have been inspected and been found to satisfy local electrical code requirements.(d) There shall be physical barriers in tanning facilities to protect customers from injury induced by touching or breaking the lamps.(e)Additional Requirements for Stand-up Booths. 1. There shall be physical barriers or other methods, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the customer's skin.2. The construction of the booth shall be such that it will withstand the stress of use and the impact of a customer who may fall.3. Doors shall consist of rigid construction material and shall open outwardly. Handrails or non-slip floors shall be provided.(f) Defective or burned-out lamps or filters shall be replaced with a type intended for use in that tanning device which is specified on the product label or with lamps or filters that are "equivalent" under FDA regulations.(g) The licensee shall maintain records of the recommended exposure time established by the manufacturer of the tanning device. Such records shall be available to each operator and be made available to the Board or the Department, if requested. The operator shall follow the recommended exposure times and limit each customer to the maximum exposure established by the manufacturer.(h) The interior temperature of the tanning device shall not exceed 100°F.(C)Protective Eyewear.(1) The operator shall provide each customer with protective eyewear which meets the requirements of FDA regulations and shall ensure that each customer is using protective eyewear at all times while using a tanning device.(2) In the tanning facility, the licensee shall maintain literature from the manufacturer of the protective eyewear which documents that the eyewear meets the requirements of FDA regulations.(3) Protective eyewear, other than eyewear discarded after each use, shall be properly sanitized before each use, using a sanitizing agent which is registered by the United States Environmental Protection Agency and which is specifically manufactured for use on protective eyewear. Exposure to the ultraviolet radiation produced by the tanning device itself is not considered a sanitizing agent.(D)Records. (1) The operator shall keep a record of each customer's tanning sessions, including, for each visit, the date, skin type determination, tanning times, and device used. Such records shall be maintained at the tanning facility for a minimum of one year and be made available to the Board or the Department upon request.(2) The operator shall maintain records of the risk acknowledgment certification signed by each customer. Such records shall be maintained at the tanning facility for a minimum of one year and be made available to the Board or the Department upon request.(3) The operator shall maintain records of the recommended exposure time established by the manufacturer of the tanning device. Such records shall be maintained at the tanning facility for a minimum of one year and be made available to the Board or the Department upon request.(4) Copies of all applications and the license information outlined in 105 CMR 123.005(C)(1) through (6), must be maintained at the tanning facility and be available for review by inspectors and tanning facility customers upon request.(E)Injury Reports. (1) An operator shall prepare a written report of any tanning injury to a customer or complaint of injury and such report shall be forwarded by the facility's operator or licensee to the Board which issued the license and to the Department with a copy to the complainant or injured customer within five business 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 the affected individual's health care provider; if any(e) any other information considered relevant to the situation.(F)Sanitation. (1) The operator shall provide to customers of the tanning facility access to toilet and hand washing facilities. Such facilities shall be cleaned and disinfected at least once every 24 hours, and contain liquid soap, paper towels, and a receptacle for used paper towels. Sinks shall have hot water in the temperature range of not less than 110°F (43°C) and not greater than 130°F (54°C);(2) Each customer shall have access at all times to potable drinking water.(3) Each facility shall provide to its customers paper or cloth towels which may not be shared. Cloth towels must be washed and sanitized after each use.(4) All surfaces with which customers have contact within tanning devices shall be disinfected after each customer's use. Disinfection shall be carried out using a U.S. Environmental Protection Agency registered disinfectant.(5) Each tanning device shall be capable of being ventilated so that there is a minimum of 20 cubic feet per minute (cfm) of fresh air per occupant.(6) If showers are provided: (a) hot water in the shower shall be at a temperature range of not less than 100°F (38°C) and not greater than 112°F (44°C);(b) shower floors shall be constructed of non-absorbent, non-slippery materials, and sloped toward a properly installed floor drain. The use of duckboards or rubber mats in the shower is not permitted; and(c) shower floors and walls shall be cleaned and disinfected at least once every 24 hours.(7) The interior of the facility shall be maintained in good repair and in a safe, clean, sanitary condition, free from all accumulation of dirt and rubbish.(8) All equipment and fixtures in the facility, if appropriate, shall be installed in accordance with accepted plumbing, gas fitting, and electrical wiring standards.(G) No tanning facility shall claim, or distribute promotional material that claims, that the use of a tanning device is safe and free from risk.Amended by Mass Register Issue 1333, eff. 2/24/2017.