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(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.
No person who owns or is in charge of commercial premises, an office or other business establishment, day care service, school, children's institution, hotel, rooming house, lodging house, public wash room, public lavatory, public transportation facility or any other public place or any place used in common by the public shall furnish or maintain or permit the furnishing or maintenance of a common towel for the use of more than one person.
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