35 Pa. Stat. § 10230.2

Current through Pa Acts 2024-53, 2024-56 through 2024-95
Section 10230.2 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Customer." A member of the public who is provided access to a tanning facility in exchange for a fee or other compensation or any individual who, in exchange for a fee or other compensation, is afforded use of a tanning facility as a condition or benefit of membership or access.

"Department." The Department of Health of the Commonwealth.

"Fitzpatrick scale." A scale for classifying a skin type, based on the skin's reaction to the first ten to 45 minutes of sun exposure after the winter season as follows:

Skin Type Sunburning and Tanning History
1 Always burns easily, never tans
2 Always burns easily, tans minimally
3 Burns moderately, tans gradually
4 Burns minimally, always tans well
5 Rarely burns, tans profusely
6 Never burns, deeply pigmented

"Legal entity." An individual, corporation, partnership, proprietorship or association.

"Operator." An individual designated by the legal entity to control operation of the tanning facility and who has been trained on the requirements of this act to instruct and assist the customer in the proper operation of the tanning equipment.

"Tanning bed" or "tanning booth." A structure lined with sunlamps in which one stands or reclines in order to tan the skin.

"Tanning equipment or device." Equipment that emits radiation used for tanning of the skin, such as a sunlamp, tanning booth or tanning bed that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers. The term includes any accompanying equipment, such as protective eyewear, timers and handrails. The term does not include any of the following:

(1) Phototherapy devices providing therapeutic benefits to patients receiving medically supervised treatment prescribed by and under the direct supervision of a licensed health care provider who is trained in the use of phototherapy devices.
(2) Devices used for personal use in a private residence.
(3) Devices intended for purposes other than the irradiation of human skin.
(4) Devices used to apply chemicals to the skin to achieve a bronze color, commonly referred to as spray-on, mist-on or sunless tans.

"Tanning facility." Any place where a tanning device is used for a fee, membership dues or any other compensation.

"Ultraviolet radiation." Electromagnetic radiation with wavelengths between 200 and 400 nanometers.

35 P.S. § 10230.2

Added by P.L. 635 2014 No. 41, § 2, eff. 7/5/2014.