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(a) Patron identification and age verification.
(1) An operator must require that every patron provide a driver's license, or other form of photo identification issued by a government entity or educational institution, indicating that the patron is at least 18 years of age.
(2) No one under eighteen (18) years of age will be permitted to use an ultraviolet radiation device in a tanning facility.
(3) The operator must conspicuously post a sign in or near the facility reception area that reads in prominent print:
PERSONS UNDER 18 YEARS OF AGE ARE PROHIBITED FROM USING UV RADIATION DEVICES. PERSONS 18 YEARS OF AGE OR OLDER MUST PROVIDE A DRIVER LICENSE OR OTHER PHOTO IDENTIFICATION ISSUED BY A GOVERNMENT OR EDUCATIONAL INSTITUTION BEFORE USING UV RADIATION DEVICES.
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(b) Health Risk Advisory. During the patron's initial visit to the tanning facility, the operator must provide the Department's Health Risk Advisory to the patron. The Health Risk Advisory advises the patron of the health risks associated with the use of an ultraviolet radiation device.
(1) The Department will make available a copy of the current Health Risk Advisory with which the operator may make sufficient copies for all patrons. The copies must be the same size of the original Health Risk Advisory provided by the Department.
(c) Statement of Acknowledgement. No patron may undergo ultraviolet radiation exposure at a tanning facility without reading and signing a Statement of Acknowledgement, in a form prescribed by the Department, that meets the following requirements:
(1) The statement of acknowledgement must declare that the patron has read and understands the Health Risk Advisory.
(2) The patron agrees to wear adequate protective eyewear during the entire ultraviolet radiation exposure.
(3) The operator or a designated employee must also sign and date the statement.
(4) The statement of acknowledgement expires twelve (12) months from the date it was signed. The original signed consent form must be retained by the facility for a period of twelve (12) months and may be retained off-premises provided that an electronic image or copy of the original signed consent form is readily available to the owner, operator or employee responsible for the operation of the ultraviolet radiation device of such facility.
(Amended City Record 11/4/2022, eff. 12/4/2022)
Each tanning facility must meet the following minimum requirements:
(a) Required Signs and Labels.
(1) Warning Signs. For each ultraviolet radiation device in the facility, there must be a warning sign posted in the immediate vicinity of the device. The Department will provide the warning signs to the operator. Warning signs must be: within three feet of the device, at eye level, 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.
(2) Ultraviolet Radiation Device Label. Each ultraviolet radiation device must have a permanent label affixed or inscribed on the exterior of the device, as required by the FDA. The device label must be clearly legible and may not be obscured, altered or tampered with.
(b) Instruction Manual. For each ultraviolet device in use in the tanning facility, a current manufacturer's operating instruction manual must be maintained onsite by the operator. The operating instruction manual must meet the applicable FDA requirements of 21 C.F.R. § 1040.20(e) or any successor regulation.
(c) All ultraviolet radiation devices must be adequately maintained and operated to meet the manufacturer's recommendations, and to meet the following minimum requirements:
(1) Label. Each ultraviolet radiation device must be adequately labeled as specified under paragraph (2) of subdivision (a) of this section.
(2) Timer. Each ultraviolet radiation device must have a timer that meets the following minimum requirements:
(i) Each ultraviolet radiation device must incorporate a timer system with multiple timer settings as specified on the manufacturer's label. The maximum timer interval(s) may not exceed the manufacturer's maximum recommended exposure time.
(ii) No timer interval may have an error greater than ± 10% of the maximum timer interval for the product.
(iii) 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 ultraviolet lamp has been interrupted.
(iv) Only the operator or a designated employee is allowed to set the device timer.
(v) Facilities must have remote timer controls or a lock out device prior to the operation of ultraviolet radiation devices.
(3) Each ultraviolet radiation device must allow the patron using such device to manually terminate ultraviolet radiation emission at any time by using a termination switch and without disconnecting the electrical plug, removing the ultraviolet lamp or leaving the immediate environs of the ultraviolet radiation device.
(4) All ultraviolet radiation devices must be free of electrical hazards.
(5) All ultraviolet lamps must be shielded according to the manufacturer's specifications to protect patrons from injury caused by touching or breaking lamps.
(6) For stand-up booths:
(i) There must 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 must open outwardly. Handrails and non-slip floors must be provided.
(7) The temperature within the ultraviolet device must remain below 100 degrees Fahrenheit during the operation of the device.
(8) Defective or burned out ultraviolet lamps or filters must 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's original specifications. Replacement lamps or filters must be "compatible" as provided in 21 C.F.R. § 1040.20(e) or any successor regulation. Replacement of lamps and compatibility documentation must be recorded as a part of the maintenance log specified in 24 RCNY Health Code § 177.17.
(9) Equipment must be regularly maintained according to the manufacturer's recommendations.
(10) All ultraviolet radiation devices must meet the irradiance limitations set forth by the FDA performance requirements provided in 21 C.F.R. § 1040.20(c)(1) or any successor regulation. All ultraviolet radiation devices may not transmit measurable radiation in wavelengths less than 200 nanometers.
(11) All ultraviolet radiation devices must be maintained and operated so that the manufacturer's recommended maximum exposure time does not result in an exposure which exceeds the limits of Minimal Erythema Dose (MED) or Minimal Melanogenic Does (MMD) as set forth by the FDA and as measured by the Department with an approved measuring device and calculated according to the current FDA procedure (Food and Drug Administration Policy on Maximum Timer Interval and Exposure Schedule for Sunlamp Products, 8/21/86) or its successor.
(d) Protective eyewear.
(1) The operator must have available for patron use an adequate number of sets of protective eyewear at no additional charge to patrons. Alternatively, patrons may use their own protective eyewear.
(2) The protective eyewear that the operator provides, unless it is single-use disposable eyewear, must be cleaned and then disinfected after each use as specified in subdivision (e) of this section.
(e) Sanitation. The operator must maintain all facilities in a sanitary condition. The facilities must meet the following minimum requirements:
(1) Ultraviolet radiation devices and protective eyewear must be cleaned and then sanitized after each use, according to the following minimum provisions:
(i) The ultraviolet radiation device
A. A clean paper or cloth towel must be used each time the tanning device is cleaned and sanitized; and
B. The disinfectant must be one specifically manufactured for sanitizing ultraviolet light-emitting equipment and must be prepared and used according to manufacturer's specifications.
(ii) The protective eyewear must be cleaned with disinfectant specifically manufactured for sanitizing ultraviolet radiation protective eyewear and must be prepared and used according to the manufacturer's specifications.
(iii) Linens and other cloth.
A. Pillows and headrests must be covered in an easily cleanable material and must be cleaned and then sanitized with an adequate disinfectant after each use; and
B. If towels or other linens are provided for patron use, they must be washed with a detergent in hot water, rinsed, and thoroughly dried after each use.
(2) When the operator dilutes a concentrated disinfectant instead of using a commercially prepared, full-strength disinfectant, it must be done in accordance with the manufacturer's recommendations. A test kit or other device that accurately measures the concentration of the disinfectant in parts per million (ppm) must be used to measure the strength of the solution. The diluted disinfectant must be tested when initially prepared and at least weekly after that to ensure it continually meets the minimum concentration requirements of the manufacturer's recommendations.
(3) Written procedures maintained at the facility must include proper mixing and handling instructions for each disinfectant used to ensure proper concentration and safe use of the disinfectant.
(Amended City Record 11/4/2022, eff. 12/4/2022)
(a) Patron record. The facility must maintain a record of each patron's tanning visits, recording the date, duration of tanning exposure, and ultraviolet radiation device used and the name of person who assisted the patron in use of the ultraviolet radiation device. The facility must maintain each record on a form provided by the Department for a period of at least two (2) years after the date of the patron's last visit.
(b) The operator must keep and maintain a log of the equipment maintenance required by 24 RCNY Health Code § 177.15(c)(9). The operator must maintain the equipment log for a minimum of two (2) years and must produce such log upon Department inspection of the facility or upon Department request.
(c) The operator must maintain records showing the results of annual timer tests as detailed in 24 RCNY Health Code § 177.11(c). The operator must maintain each record for a minimum of two (2) years, and such records must be kept on site and made available to the Department immediately upon request, subject to applicable law. If such records are maintained electronically, Department staff must be allowed to access such records while on-site, subject to applicable law.
(d) The operator must maintain all records and reports required by this Article on the premises of the facility, unless an alternative is provided for in this Article, and must make them available for review by the Department on request.
(e) Records required by this section may be stored by the operator in electronic format, provided that such format can, upon inspection of the facility or request by the Department, print or produce a file in portable document format (PDF) containing the individual records required by this section.
(Amended City Record 11/4/2022, eff. 12/4/2022)
(a) Twenty-Four Hour Notification. The operator must report any injury or illness incidents occurring as a result of using an ultraviolet radiation device to the Department within twenty-four (24) hours of its occurrence. Reportable injuries and illnesses include, but are not limited to:
(1) all eye injuries requiring medical attention;
(2) all burns requiring medical attention;
(3) any other injury or illness incident resulting from the use of an ultraviolet radiation device for which medical care has been obtained.
(b) Report. The incident report required by subdivision (a) of this section must be in the form and manner prescribed by the Department and must include:
(1) The name of the operator;
(2) The date, time and description of the incident;
(3) The name and contact information of the affected individual;
(4) Information on the device involved in the injury, including the serial number, model number, and type of ultraviolet lamps installed in the device;
(5) The nature, cause, and extent of the alleged injury and the duration of the ultraviolet radiation exposure;
(6) The name and address of the health care provider and treatment administered, if known;
(7) Actions taken by operator or other employees at the facility; and,
(8) Any other information that may be requested by the Department.
(c) All injury and illness incident reports must be maintained at the tanning facility for a minimum of two (2) years from the date of the injury or illness and must be made available for review by the Department on request.
If any clause, sentence, paragraph, subdivision, section or part of this Article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to that clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
In this article
(a) public transportation facility is used as defined in 24 RCNY Health Code § 139.01,
(b) commercial premises is used as defined in 24 RCNY Health Code § 135.01,
(c) food establishment is used as defined in 24 RCNY Health Code § 81.03,
(d) day care service, school and children's institutions are used as defined in 24 RCNY Health Code § 45.01, and
(e) hotel, rooming house and lodging house are used as defined in Multiple Dwelling Law § 4.
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