N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 72-1.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 72-1.1 - Definitions

(a) Adequate means sufficient to accomplish the purpose for which something is intended, and to such a degree that no reasonable risk to health or safety is presented. An item installed, maintained, designed and assembled, an activity conducted, or act performed, in accordance with generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession, is adequate within the meaning of this Subpart.

(b) Department means the New York State Department of Health.

(c) Disinfect means adequate antimicrobial treatment by a disinfectant capable of destroying pathogenic non-spore forming bacteria, viruses, fungi, parasites and protozoa on treated surfaces.

(d) FDA means United States Food and Drug Administration.

(e) Permit issuing official (PIO) shall mean the State Commissioner of Health, or where authorization is requested and received from the State Commissioner of Health, the health commissioner or health officer of a city of 50,000 population or over, the health commissioner or health officer of a county or part-county health district, the State regional health director or district director having jurisdiction, or any county or public health director having all the powers and duties prescribed in section 352 of the Public Health Law. The PIO may designate additional persons to act in his/her behalf to issue permits or perform inspections as required by this Subpart.

(f) Permit means a license issued to a tanning facility operator pursuant to these rules.

(g) Person means an individual, corporation, partnership, joint venture or any business entity.

(h) Protective eyewear means any adequate equipment designed to be worn by users of an ultraviolet radiation-emitting device to reduce exposure of the eyes to radiation emitted by the product.

(i) Qualified health care professional means a physician licensed by the State of New York to practice medicine, or a physician assistant or nurse practitioner licensed to practice in New York in collaboration with and under the supervision of a licensed physician.

(j) Sanitize means adequate antimicrobial treatment by a disinfectant capable of reducing the number of pathogenic non-spore forming bacteria on treated surfaces. Exposure to the ultraviolet radiation produced by the ultraviolet radiation device itself is not considered an adequate sanitizing agent.

(k) Tanning facility means any establishment where one or more ultraviolet radiation devices are used, offered, or made available for use by any human being, whether or not a fee is charged, directly or indirectly, excluding a facility where such device is used by a qualified health care professional for treatment of medical conditions.

(l) Ultraviolet radiation device means any product which is designed to emit electromagnetic radiation in the wavelength interval of 200 nanometers to 400 nanometers in air, and which is intended to induce tanning of the human skin through irradiation, including but not limited to, a sunlamp, tanning booth, or tanning bed.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 72-1.1

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