216-40-10 R.I. Code R. § 24.7

Current through August 19, 2024

Section 216-RICR-40-10-24.7 - PHYSICAL PLANT AND EQUIPMENT

24.7.1CONSTRUCTION, SANITATION AND MAINTENANCE OF TANNING FACILITIES

A. Each tanning facility shall be constructed to meet the following minimum requirements:

1. All tanning facilities shall be equipped with convenient toilet facilities and dressing rooms. At a minimum, such toilet facilities shall include a water closet, a hand-washing sink and a safe and sanitary supply of water. Such toilet and dressing rooms shall be properly maintained, as well as meet all federal, state and local laws, codes and regulations.

2. The sunlamp products shall meet the requirements of §24.7.2 of this Part and all other applicable federal and state requirements.

3. The physical facility shall be constructed such that:

a. All areas of the tanning facility shall be ventilated with at least six (6) air changes per hour or as otherwise required by local code; and

b. Tanning booth temperature shall be maintained below one hundred (100) degrees Fahrenheit (thirty- eight (38) degrees Centigrade) during sunlamp product operation.

4. Except as otherwise required by this Part, each tanning facility shall be constructed in accordance with all applicable local and state codes.

B. Each tanning facility shall be cleaned and maintained to meet the following minimum requirements:

1. All areas of the tanning facility, including tanning devices, equipment and apparatus, shall be maintained in a clean and sanitary manner and in accordance with manufacturer's instructions.

2. The tanning device(s) and protective eyewear shall be cleaned with an EPA-approved sanitizer after each use, unless the facility provides sanitary disposable clear plastic sheets for application before and disposal after each patron use of a tanning device. Suitable written instructions shall be posted to provide adequate guidance to patrons using sanitary sheets.

a. Facilities using disposable clear plastic sheets to cover the surface of a tanning device shall be required to clean and sanitize those tanning devices periodically throughout each day the tanning devices are being used by patrons.

b. Disposable eyewear designed for one (1) use only are exempt from this requirement provided that they are disposed of and not reused by any other patron.

c. Tanning devices shall be cleaned and sanitized according to the following minimum provisions:

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

(2) The sanitizer used shall be one specifically manufactured for sanitizing ultraviolet light-emitting equipment and protective eyewear and that does not damage the acrylic lamp covers of the sunlamp product.

(3) The ultraviolet light produced by a sunlamp product itself is not considered an adequate sanitizing agent.

3. A test kit or other device that accurately measures the concentration of the sanitizing solution in parts per million (ppm) shall be used to measure the strength of the sanitizing solution when the concentrate and water dilution is initially prepared and at least weekly thereafter to ensure sufficient strength of the sanitizing solution.

a. If a suitable test kit is not available for an approved sanitizer, the laboratory analysis data shall be provided by the product manufacturer, and a copy shall be on file with the Department.

4. Written procedures maintained at the facility shall include proper mixing and handling instructions for each sanitizer used, so as to ensure proper concentration of the sanitizer.

5. Except as otherwise required by this Part, each tanning facility shall be cleaned and maintained in accordance with all applicable local and state codes.

C. Clean sanitary towels shall be available to all patrons using tanning facilities.

D. A hamper or other receptacle shall be provided for all soiled towels and linen.

E. No pets or other animals shall be permitted in tanning rooms at any time, other than seeing eye dogs or hearing assistance dogs.

24.7.2EQUIPMENT

A. The registrant shall use only sunlamp products manufactured in accordance with the specifications set forth in 21 C.F.R. § 1040.20. Sunlamp products which do not meet the provisions of 21 C.F.R. § 1040.20 shall not be operated.

1. The sunlamp products shall meet the National Fire Protection Association's National Electrical Code, or be approved by the Underwriter Laboratories (UL) or Electrical Testing Laboratories (ETL). Compliance shall be based on the standard in effect at the time of manufacture as shown on the device identification label required by 21 C.F.R. § 1010.3.

B. Each sunlamp product or ultraviolet lamp used in tanning facilities shall not emit measurable ultraviolet C radiation.

C. Each ultraviolet lamp contained within the sunlamp product shall be shielded so as to not come into contact with the patron.

D. The construction of the sunlamp product shall be such that it will have the strength to withstand the stress of use and the impact of a falling person.

1. Entry to stand-up sunlamp products shall be of rigid construction with doors which are non-locking and open outwardly.

E. The appropriate position the patron is to assume prior to operation shall be clearly marked on each sunlamp product.

F. Each sunlamp product shall prominently display a label which contains the information required by §24.6.2(B) of this Part or an equivalent warning/information label.

G. Reasonable means shall be provided to enable a patron to summon assistance from the exposure position.

H. Original Equipment Manufacturer (OEM) replacement parts (or their equivalent) shall be used, if available, to prevent UL/ETL de-listing of sunlamp products. All local, state and national electrical codes shall be observed during installation.

I. Defective or non-lighting filters or lamps at the end of their useful UV-emitting life shall be replaced with a type intended for use in the sunlamp product, shall be of the same ultraviolet range (A or B) as specified by the manufacturer, and shall be the original lamp type as specified by the manufacturer, or shall be certified as an equivalent lamp per 21 C.F.R. § 1040.20(c)(5).

1. If equivalent lamps are used instead of the required OEM lamps, a copy of the equivalency certification provided by the lamp supplier shall be maintained on file for review by the Department.

J. Defective or burned out tanning lamps and tanning lamps which have been operated in a sunlamp product for the manufacturer's maximum rated lamp hour life shall be disposed of in a safe and proper manner to prevent unauthorized and unsafe use as lighting devices. Used tanning lamps are prohibited from being resold for any purpose.

K. Each sunlamp product shall have a timer which complies with the requirements of 21 C.F.R. § 1040.20(c)(2).

1. The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time.

2. Each timer shall be functional and accurate to within ±10% of the maximum timer interval of the product as required by 21 C.F.R. § 1040.20(c)(2)(iii).

3. The registrant shall ensure that the timer is tested for accuracy at intervals not to exceed twelve (12) calendar months.

4. Sunlamp product timers shall be controlled by properly trained staff.

5. Tanning facilities shall install remote timer controls prior to the operation of sunlamp products.

6. The time shall 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 interrupted.

L. In addition to a timer, each sunlamp product shall be equipped with a control on the product to enable the person being exposed to terminate manually radiation emission from the product at any time without disconnecting the electrical plug or removing the ultraviolet lamp, as required by 21 C.F.R. § 1040.20(c)(3).

M. The minimum requirements of the manufacturer shall be maintained for all sunlamp products.

N. Each sunlamp product shall be equipped with an hour meter to accurately determine lamp hour use.

1. Lamp hour use as indicated by the hour meter shall be recorded at each episode of maintenance service for each product, as specified in §24.8.3(H)(3) of this Part.

216 R.I. Code R. § 216-RICR-40-10-24.7