6 Colo. Code Regs. § 1010-20.7

Current through Register Vol. 47, No. 24, December 25, 2024

Section 6 CCR 1010-20.7 - Construction and Operation of Tanning Facilities

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

20.7.1Warning Signs

A. The following warning sign shall be posted in the immediate proximity (within one meter) of each tanning station; 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 activating the tanning equipment.

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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 a physician before using sunlamp 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.

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B. The lettering on each warning sign shall be at least ten millimeters high for all words shown in capital letters and at least five millimeters high for all lower case letters.

20.7.2Physical Facilities

A. Only tanning equipment manufactured in accordance with the specifications set forth in 21 CFR 1040.20 (April 15, 2015), hereby incorporated by reference, "Sunlamp products and ultraviolet lamps intended for use in sunlamp products", shall be used in tanning facilities. The exact nature of 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 1010.3 (April 15, 2015), hereby incorporated by reference.

B. Each assembly of tanning equipment shall be equipped with a timer which complies with the requirements of 21 CFR 1040.20(c)(2) (April 15, 2015), hereby incorporated by reference. The maximum timer interval shall not exceed the manufacture's maximum recommended exposure time. No timer interval shall have an error exceeding plus or minus 10 percent of the maximum timer interval for the product. The registrant shall ensure that tests are preformed on each assembly of tanning equipment, at least annually, and documented in writing to ensure the timer is accurate to within 10% of the maximum exposure time. A record of timer testing results shall be kept at each tanning facility location.

C. The timer intervals shall be numerically indicated, at ten (10) minute intervals to a maximum of thirty (30) minutes.

D. The timer may 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 tanning device has been terminated.

E. The timer requirements do not preclude a product from allowing a user to reset the timer before the end of the preset time interval.

F. Each assembly of tanning equipment shall be provided with a control on the equipment to enable the consumer to terminate manually radiation emission from the equipment at any time without disconnecting the electrical plug or removing any ultraviolet lamp.

G. Tanning equipment shall be provided with ground fault protection on the electrical circuit, or other methods for preventing shock.

H. Tanning equipment shall include physical barriers to protect consumers from injury induced by touching or breaking the lamps.

I. Each tanning device shall be operated to preclude any thermal burns to human skin or cause heat prostration.

20.7.3Additional Requirements for Stand-Up Booths and any Cabinet or Vertical Tanning Device

A. Tanning booths and cabinets or vertical tanning device(s) designated for stand-up use shall also comply with the following additional requirements:

B. Booths shall have physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer's skin;

C. Booths shall be constructed with sufficient strength and rigidity to withstand the stress of use and the impact of a falling person;

D. Access to booths shall be rigid construction with doors which are non-latching and open outwardly;

E. Booths shall be equipped with handrails and non-slip floors.

20.7.4Protective Eyewear

A. Registrants are responsible to provide protective eyewear to each consumer during use of tanning equipment however; consumers may use their own protective eyewear if approved by the registrant.

B. The protective eyewear in this regulation shall meet the requirements of 21 CFR 1040.20(c)(4).

C. Tanning facility operators shall instruct the consumer in the proper utilization of the protective eyewear. Eyewear must be worn when the lamps are energized. The eyepiece must be in place, and must cover the eye sockets of the user.

D. Tanning facility operators shall ensure all protective eyewear is clean and sanitized, the eyewear has no defects, the frames and lenses contain no cracks, abrasions and that the lenses are not clouded.

20.7.5Sanitation

A. The registrant shall ensure that an operator properly sanitizes the tanning equipment and the protective eyewear between every use by a consumer. Exposure to the ultraviolet radiation produced by tanning equipment is not adequate sanitization. The sanitizer used shall be one registered for such use by the U.S. Environmental Protection Agency or the Colorado Department of Agriculture.

B. The floors, walls and fixtures in tanning facilities shall be kept clean and in good repair at all times.

C. If towels or linens are provided to consumers, they shall be clean and sanitary. Towels and linens shall be washed between each use. Towels shall be stored in a clean place. Soiled towels and linens shall be stored in nonabsorbent containers or washable laundry bags.

20.7.6Consumer Warning

A. Prior to initial exposure to ultraviolet radiation at a tanning facility, the consumer shall be given a copy of the warning statements and must be supplied with at least the following information:

1. A representative list of potential photosensitizing drugs and agents. This list should at least include drugs or agents in the product classes of acne treatment, antibacterials, antibiotics, anticonvulsants, antidepressants, antibacterials, antihypertensive, dye, estrogen and progesterones, melanogenics, perfumes and toilet articles, tranquilizers, antihistamines and antimicrobials/antinfectious agents.

2. Information regarding potential negative health effects related to ultraviolet exposure, including:

a. The increased risk of skin cancer later in life; and potential detrimental health risks including skin cancer; a significant increased risk of skin cancer/melanoma, when a painful blistering sunburn has occurred prior to the age of eighteen (18).

b. The increased risk of skin thickening and premature aging;

c. The possible activation of some viral conditions (cold sores); and,

d. The possibility of skin burning or rashes, especially if using any of the potential photosensitizing drugs and agents. Potential clients who are using photosensitizing medication, have a history of sun sensitivity or have a history of sun related skin problems should be advised not to use the tanning device.

3. Basic information on how different skin types respond to tanning.

4. An explanation of the need to use protective eyewear with both ultraviolet-A (UVA) and ultraviolet-B (UVB) systems, and that closing the eyes is not sufficient to prevent possible eye damage.

5. Information that tanning may be inadvisable during pregnancy and information that tanning is inadvisable for persons with photosensitizing diseases, melanoma or other skin cancers.

6 CCR 1010-20.7

39 CR 10, May 25, 2016, effective 6/14/2016