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(a) The requirements of this Article apply to all tanning facilities, as defined in 24 RCNY Health Code § 177.03, including, but not limited to, those located in tanning parlors and salons, hair and nail salons, gymnasia and health establishments, apartment houses, condominiums, country clubs, or hotels.
(b) This Article does not apply to facilities where ultraviolet radiation devices are used by a qualified health care professional to treat medical conditions.
"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 an 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 Article.
"Approved" means acceptable to the New York City Department of Health and Mental Hygiene based on a determination of conformance with applicable documented standards the Department has determined, or which are set forth by any applicable regulatory agency or recognized standards-issuing body.
"C.F.R." means the Code of Federal Regulations.
"Disinfect" means adequate antimicrobial treatment by a disinfectant capable of destroying pathogenic non-spore forming bacteria, viruses, fungi, parasites and protozoa on treated surfaces.
"FDA" means the United States Food and Drug Administration.
"Formal training" means a course of instruction approved by the Department, and conducted by a person possessing adequate knowledge, training, and curriculum and certification testing experience pertaining to the correct and safe operation of an ultraviolet radiation device. A formal training course must be at least 4 hours and conclude with an exam of the information presented in the course. Successful completion of such training is dependent on passage of such exam. A course may include classroom instruction, correspondence learning or online certification.
"Operator" means a competent individual who is at least 18 years of age and who either owns a tanning facility or is designated by the owner of a facility to be responsible for operating the facility in compliance with this Article.
"Patron" means a person 17 years of age or older who uses an ultraviolet radiation device at a tanning facility.
"Permit" means a license issued to a tanning facility pursuant to this Article.
"Protective eyewear" means equipment designed to be worn by users of an ultraviolet radiation device to reduce exposure of the eyes to radiation emitted by the product. The spectral transmittance of the eyewear must meet the performance requirements of 21 C.F.R. § 1040.20(c)(4)(ii) or any successor regulation.
"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 under the supervision of and/or in collaboration with a licensed physician.
"Sanitize" means adequate antimicrobial treatment by a disinfectant determined to be capable of reducing the number of pathogenic 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.
"State" means the New York State Department of Health.
"Tanning facility" means any establishment located in New York City 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.
"Timer" means any device incorporated into an ultraviolet radiation device that terminates radiation emission after a preset time interval.
"Ultraviolet radiation device" or "tanning device" means any product which is designed to emit electromagnetic radiation in the wavelength interval of two hundred (200) nanometers to four hundred (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.
"Ultraviolet radiation measurement device" means any device the Department deems adequate to measure the physical characteristics of the emissions of an ultraviolet device. The device must conform to FDA-recommended standards and be calibrated according to National Institutes of Standards and Technology (NIST) recommendations.
(Amended City Record 11/4/2022, eff. 12/4/2022)
(a) A tanning facility in the city cannot be in operation unless the facility has been issued a permit by the Department.
(b) A facility's permit to operate must be conspicuously posted within the tanning facility.
(c) In addition to the permit fee prescribed in Section 72-1.4(a) of Title 10 of the New York Codes, Rules and Regulations ("NYCRR"), an application for a permit must also be accompanied by payment of an inspection fee, as authorized by 10 NYCRR § 72-1.5(b), in the amount of $200 for each ultraviolet radiation device at the tanning facility.
(d) A permit issued pursuant to this Article will be issued to a specific person and will be valid only for a specified location.
(Amended City Record 11/4/2022, eff. 12/4/2022)
(a) Inspections. Each operator will allow the Department to inspect the tanning facility, its equipment and records when the facility is doing business.
(b) Inspection reports. The tanning facility will maintain the inspection report provided by the Department in its records until its next inspection.
(c) Public health hazards. Where one or more of the following public health hazard conditions exists, the Department will order immediate correction, or may order the facility, or any portion of it, to immediately close. Any facility that is ordered to close may not reopen until the hazardous condition(s) that were the basis of the order are corrected to the satisfaction of the Department. Public health hazards that may result in an order to immediately close are:
(1) Wiring or electrical system components that have not been maintained, such that an imminent fire or shock hazard exists;
(2) Any ultraviolet radiation device that is not adequately labeled;
(3) Any ultraviolet radiation device that is not being operated in accordance with its label, FDA-certified manufacturer's recommendations and operating manual, or any provision of this Article;
(4) Failure to assure and maintain the accuracy of ultraviolet radiation device timers;
(5) Failure to ensure that patrons possess adequate protective eyewear;
(6) Failure to provide adequate sanitizing of tanning beds, tanning booths, pillows or headrests; or inadequate disinfection of reusable protective eyewear;
(7) Failure to provide timer lockout or remote timer controls; or
(8) Any other condition determined by the Department to be an imminent risk to the public's health and safety.
(d) Violations and penalty. In lieu of revoking, suspending or annulling a permit, the Department may assess a civil penalty of two hundred fifty dollars for any violation of this Article.
(Amended City Record 11/4/2022, eff. 12/4/2022)
(a) An operator may submit a written request to the Department for a modification of any provision of this Article where there are unusual or substantial practical difficulties with the strict compliance with such provision, provided that the health and safety of the public will not be adversely affected.
(b) The Department may approve, on written application and after review, a request for modification when strict application of any provision of this Article presents unusual hardships. The Commissioner, in a specific instance, may modify the application of such provision(s) consistent with the general purpose of this Article and upon such conditions as, in his or her opinion, which are necessary to protect the health or safety of the public. An operator must meet all terms of an approved modification, including the effective date, the time period for which the modification is granted, the requirements being varied and any other conditions specified by the Department.
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