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(a) "Consumer" means any member of the public who is provided access to a tanning facility in exchange, directly or indirectly, for a fee or other compensation.
(b) "Operator" means any person at least eighteen years of age who is designated by the permitholder for a tanning facility to assist and instruct the public in the use of the tanning facility and the operation of its equipment.
(c) "Tanning facility permitholder" means any person, partnership, sole proprietorship, corporation or other entity required by Ohio R. C. 4713.25 to obtain a permit to operate a tanning facility.
(d) "Tanning equipment" means a sunlamp or other ultraviolet light producing device and its accompanying equipment which induces skin tanning through the irradiation of the human body.
(e) "Tanning facility" means any location which houses and permits the use of equipment for tanning the human skin by the use of lamps using ultraviolet or other artificial light and which, directly or indirectly, charges a fee for the use of such equipment.
(f) "UVA radiation" means radiation in the wavelength between 320 and 400 nanometers (one-billionth).
(g) "UVS radiation" means radiation in the wavelength between 260 and 320 nanometers (one-billionth).
(h) "UVC radiation" means ultraviolet C radiation or radiation in the wavelength between 180 and 260 nanometers (one-billionth).
(i) "Consumer informational form" means a preprinted form provided by the tanning facility to the consumer which is completed by the consumer prior to tanning and presented to the tanning facility operator, who then determines the appropriate ultraviolet exposure period for the consumer's current visit and places the form in the consumer's permanent file. A consumer informational form shall set forth the warning required by Section 1736.08(a) hereof and shall provide a record of the information required by Section 1736.06(b)(1) hereof.
(j) "Photosensitizing agent" means any medication or other substance which may cause the development of abnormally heightened reactivity of the skin to ultraviolet lights.
(Ord. 457-91. Passed 5-28-91.)
No person, partnership, sole proprietorship, corporation or other entity shall operate a tanning facility without a valid permit issued by the Ohio State Board of Cosmetology. Each day of operation without a permit shall constitute a separate violation of this chapter.
(Ord. 457-91. Passed 5-28-91.)
(a) No tanning facility permitholder or tanning facility operator shall knowingly permit a consumer to use any tanning equipment which:
(1) Emits any measurable UVC radiation; or
(2) Contains an ultraviolet light source the present output of which is less than seventy percent (70%) of its original output or which has not been changed at least as frequently as recommended by its manufacturer.
(b) No tanning facility permitholder or tanning facility operator shall permit a consumer to use any tanning equipment which does not include all of the following:
(1) An operational timing device that complies with 21 CFR Part 1040, Section 1040.20 (c)(2), which, when tested, has an error factor less than plus or minus ten percent (10%) of the maximum timer interval for the product.
(2) An operational means of manually terminating the tanning equipment's operation without removal of its plug or coming into contact with its ultraviolet lamp.
(3) A transparent cover to prevent contact between the user's body and the source of irradiation.
(4) A handrail and a clear indication of the position the user is to assume prior to operation.
(5) Protective eyewear for each user containing lenses which absorb all ultraviolet A, ultraviolet B and visible light up to 500 nanometers.
(6) A prominently located label stating: "Danger - ultraviolet radiation. Follow Instructions Carefully. Do not enter without protective eyewear."
(c) The tanning facility operator shall monitor the use of the tanning facility to ensure that the interior temperature does not exceed 100 degrees Fahrenheit or thirty-four degrees Centigrade.
(Ord. 457-91. Passed 5-28-91.)
No tanning facility permitholder shall admit a consumer for purposes of tanning unless an operator is present who is at least eighteen years of age and who is adequately trained in the operation of the facility so as to be able to inform and assist the consumer in the proper use of the tanning equipment.
(Ord. 457-91. Passed 5-28-91.)
No operator shall allow a consumer to use a tanning facility's tanning equipment unless and until each of the following requirements have been met:
(a) Protective eyewear as defined in Section 1736.03(b)(5) has been provided to the consumer;
(b) From information provided by the consumer, the operator has determined the appropriate time period for the consumer's current exposure;
(c) The tanning equipment's safety railing is identified and its manual shutoff switch has been identified and its operation explained to the consumer;
(d) The floor in the area where the tanning equipment is located is dry;
(e) The tanning equipment's surface and control apparatus have been cleaned since its last use with a cleaning agent capable of effectively killing viral, bacterial and fungal contaminants; and
(f) The consumer is provided with a clean sanitary towel.
(Ord. 457-91. Passed 5-28-91.)
(a) Every tanning facility permitholder shall create and maintain a permanent record for each consumer showing the dates of exposure and length of exposure.
(b) No operator shall grant a consumer access to a tanning facility's tanning equipment until:
(1) Such operator has obtained a written informational form from the consumer stating the following:
A. The consumer's most recent date of exposure to artificial ultraviolet irradiation and its duration;
B. A statement from the consumer indicating any medication or drugs he or she is currently taking and an acknowledgment that the consumer has reviewed the photosensitizing agent list; and
C. That the consumer has been advised of the maximum permissible ultraviolet exposure for the present session; and
(2) Such operator has obtained sufficient identification from the consumer either to permit the creation of a permanent record of the consumer's identity and use of the facility, or to permit an addition to be made to the consumer's existing permanent record; and
(3) Such operator makes an entry in the facility's permanent record for each consumer's use of the tanning equipment setting forth the date of and the length of the ultraviolet exposure.
(Ord. 457-91. Passed 5-28-91.)
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