N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 72-1.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 72-1.9 - Physical facilities and equipment

Each tanning facility shall be constructed, operated and maintained in good repair and shall meet the following minimum requirements:

(a) Required warning sign.

(1) The warning sign shall be readily legible, clearly visible, and not obstructed by any barrier, equipment, or other item present so that the patron can easily view the warning sign before energizing the ultraviolet radiation device. This sign is in addition to manufacturer's signs affixed to the device.

(2) Each warning sign shall be at least 11 inches by 17 inches, and use upper and lower case letters which are at least 10 mm (0.39 inches) and 5 mm (0.20 inches) in height, respectively. Lettering shall be bolded as in the text below. Signs shall have the following wording:

WARNING ULTRAVIOLET RADIATION

FOLLOW INSTRUCTIONS.

AVOID OVEREXPOSURE.

The manufacturer's maximum exposure time for this device is (specify) minutes.

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 EYE. MEDICATIONS OR COSMETICS MAY INCREASE YOUR SENSITIVITY TO ULTRAVIOLET RADIATION. Consult a physician before using tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight. IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN FROM THE USE OFTHIS PRODUCT.

(b) Posting of required warning. A warning sign shall be posted in the immediate proximity (within three feet) of each ultraviolet radiation device. The operator shall enter the manufacturer's maximum exposure time on the sign for the device it is posted near.

(c) Equipment.

(1) Only ultraviolet radiation devices adequately labeled in accordance with 21 CFR 1040.20 or any successor regulation shall be used in tanning facilities.

(2) Each ultraviolet radiation device shall incorporate a timer system with multiple timer settings as specified on the manufacturer's label. The maximum timer interval(s) shall not exceed the manufacturer's maximum recommended exposure time.

(i) No timer interval shall have an error greater than +/- 10% of the maximum timer interval for the product.

(ii) The operator shall perform annual testing on all timers to ensure that this standard is met.

(iii) The timer must not automatically reset and cause radiation emission to resume for a period greater than the unused portion of the timer cycle, when emission from the ultraviolet lamp has been interrupted.

(3) Each ultraviolet radiation device shall allow the patron using the ultraviolet radiation device to terminate ultraviolet radiation emission manually at any time without disconnecting the electrical plug, removing the ultraviolet lamp or leaving the immediate environs of the ultraviolet radiation device.

(4) Timers shall be set by the operator or by a designated employee ; patrons shall not have the ability to reset timers.

(5) All ultraviolet radiation devices, and electrical components of such devices, shall be maintained in good repair.

(6) All ultraviolet lamps must be shielded with an acrylic cover to protect patrons from injury caused by touching or breaking lamps.

(7) Additional requirements for stand-up booths:

(i) There shall be physical barriers or other means such as handrails or floor markings to indicate the recommended exposure distance between ultraviolet lamps and the patron's skin.

(ii) Doors shall open outwardly. Handrails and non-slip floors shall be provided.

(8) Defective or burned out ultraviolet lamps or filters shall be replaced with a type compatible for use in that device as specified on the product label on the ultraviolet radiation device, or as recommended by the manufacturer.

(9) Equipment maintenance records must be maintained for a minimum of two (2) years. The operator must be able to produce such records upon inspection of the facility by the Department or the PIO's representative.

(d) Sanitation.

(1) Ultraviolet radiation devices shall be cleaned and then sanitized with an adequate disinfectant after each use ; protective eyewear shall be cleaned and then disinfected with an adequate disinfectant after each use.

(2) The ultraviolet light produced by the ultraviolet radiation device shall not be considered an adequate sanitizing agent.

(3) When the operator dilutes a concentrated disinfectant in lieu of using a commercially prepared, full strength disinfectant, a test kit or other device that accurately measures the concentration of the disinfectant in parts per million (ppm) shall be used to measure the strength of the solution. The diluted disinfectant shall be tested when initially prepared and at least weekly thereafter to ensure sufficient strength of the disinfectant.

(4) The ultraviolet radiation device shall be cleaned and then sanitized according to the following minimum provisions:

(i) A clean paper or cloth towel shall be used each time the tanning device is cleaned;

(ii) The disinfectant shall be one specifically manufactured for sanitizing ultraviolet lightemitting equipment and shall be prepared and used according to manufacturer's instructions found on the product label ;

(5) Protective eyewear shall be cleaned and then disinfected according to the following minimum provisions:

(i) A clean paper or cloth towel shall be used each time the protective eyewear is cleaned;

(ii) The disinfectant shall be one specifically manufactured for disinfecting protective eyewear and shall be prepared and used according to manufacturer's instructions found on the product label;

(6) Each container of disinfectant shall be adequately labeled as to its contents. Written procedures maintained at the facility shall include proper mixing and handling instructions for each disinfectant used to ensure proper concentration and safe use of the disinfectant.

(7) Pillows and headrests shall be covered in an easily cleanable material and shall be cleaned and then sanitized with an adequate disinfectant after each use.

(8) If towels or other linens are provided for patron use, they shall be washed with a detergent in hot water, rinsed and thoroughly dried after each use.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 72-1.9

Amended New York State Register January 5, 2022/Volume XLIV, Issue 01, eff. 1/5/2022