Section 64E-17.002 - Design and Safety RequirementsEach tanning facility shall be designed, operated, and maintained to meet the following minimum requirements:
(1) Prior to the use of a structure as a tanning facility, plans of the facility and its proposed operation shall be submitted to and approved by the local county health department. All plans shall be legible, drawn to scale and shall comply with the requirements of this chapter. Plans shall show the location of all tanning devices and sanitary facilities. Applicant shall also submit the manufacturer, model number and serial number for all tanning devices and lamps being used within the facility, as well as the tanning equipment supplier. All plans shall be processed in accordance with the requirements of Section 120.60, F.S.(2) Physical facilities. (a) The warning sign required by Section 381.89(4)(b), F.S., 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 ultraviolet light generating equipment.(b) Only tanning equipment manufactured, certified and legibly labeled to comply with 21 Code of Federal Regulations (C.F.R.), Part 1040, Section 1040.20, "Sunlamp Products and Ultraviolet Lamps Intended For Use In Sunlamp Products, " April 1, 1999, incorporated herein by reference, shall be used in tanning facilities. Tanning devices that have been reconditioned must comply with federal and state requirements. Compliance shall be based on the federal standard in effect at the time of manufacture as shown on the device identification label.(c) Each tanning device shall have a timer, which complies with the requirements of 21 C.F.R. Part 1040, § 1040.20(c)(2)(3). 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 timer interval for the product. The tanning device timer shall be set by a trained operator or other trained facility employee. All tanning equipment shall be provided with an override timer control installed outside of the room in which a tanning device is located and operated only by tanning facility personnel. Each tanning device must be equipped with an emergency shut-off mechanism on the tanning device allowing manual termination of the UV exposure by the consumer, as required by 21 C.F.R. §1040.(d) There shall be physical barriers to protect customers from injury through contact with hot or broken lamps.(e) There shall be physical barriers around each tanning device which is in use, such as permanent or portable partitions, to protect people who are not using the device from line-of-sight accidental ultraviolet radiation exposures.(f) A trained operator or other trained facility employee shall clean and properly sanitize any reusable protective eyewear and body contact surfaces of tanning devices after each use.(g) When sanitizing tanning equipment and protective eyewear, the facility shall use a sanitizer capable of providing a safe level of microorganisms, as required by this rule. A clean paper or cloth towel shall be used each time the bed or other equipment is cleaned. The sanitizer, as described in this chapter, is one specifically manufactured for sanitizing ultraviolet light emitting equipment, protective eyewear, is registered with the U.S. Environmental Protection Agency (EPA), and does not damage the acrylic plastic surface of the unit.(h) A test kit or other device that accurately measures the concentration of the sanitizing solution in parts per million shall be used to measure the strength of the sanitizing solution at least twice per day of tanning facility operation to ensure sufficient strength of the sanitizing solution.(i) Each customer shall be provided with protective eyewear that meets the requirement of 21 C.F.R. Part 1040, § 1040.20(c)(4), April 1, 1999 and instructions for their use. The operator or employee shall not allow any person to use a tanning device if that person refuses to use protective eyewear.(j) There shall be sufficient protective eyewear on the premises of a tanning facility to equal the maximum number of persons that are able to use the tanning devices at the same time.(k) Exposure to the ultraviolet radiation produced by the tanning equipment itself is not considered a sanitizing agent for protective eyewear or tanning devices.(l) In addition to the requirements in Section 381.89(6)(c), F.S., each person using a tanning device shall be instructed by the operator or a trained employee on the maximum exposure time, as recommended by the manufacturer of the device. The operator or a trained employee shall instruct the customer as to the location and proper operation of the tanning device's emergency shut-off mechanism.(m) The operator must ensure that no individual is allowed to use a tanning device more than once every 24 hours.Fla. Admin. Code Ann. R. 64E-17.002
Rulemaking Authority 381.89(13) FS. Law Implemented 381.89 FS.
New 1-12-93, Amended 8-7-96, Formerly 10D-112.004, Amended 5-10-05.New 1-12-93, Amended 8-7-96, Formerly 10D-112.004, Amended 5-10-05.