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Rule 4713-19-01 | Application process and fee requirements.
All applicants for a permit to operate a tanning facility shall apply on forms supplied by the board, and pay the applicable, nonrefundable fee. The fees for issuance of a tanning permit are: (A) Seventy-five dollars for an original permit. (B) Seventy dollars for renewal of permit. Last updated October 16, 2024 at 11:53 AM Supplemental Information |
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Rule 4713-19-02 | Definitions.
As used in Chapter 4713-19 of the Administrative Code: (A) A "certified operator" means an employee of a tanning facility who has successfully completed and successfully passed, with a minimum score of seventy-five per cent, a board-approved training course and holds a board-approved tanning operator certificate. (B) "Chemical tanning" means the application of chemicals to the skin to provide a tanned appearance without exposure to ultraviolet radiation, and includes chemical applications commonly referred to as spray-on, mist-on, or sunless tans. (C) "Chemical tanning booth" means an automated, electronic product that applies chemicals to the skin to provide a tanned appearance without exposure to ultraviolet radiation. (D) "Chemical airbrush" means an air-operated tool used by an individual to apply chemicals to the skin to provide a tanned appearance without exposure to ultraviolet radiation. (E) "Consumer" or "individual" means any member of the public who is seeking to use a tanning facility in exchange for a fee or other compensation; (F) "Formal training" means a course of instruction approved by the board that is conducted or presented in person, via internet, or through a correspondence course by a company employing persons possessing adequate knowledge and experience to offer a curriculum, associated training and certification testing pertaining to and associated with the correct use of sunlamp products. Training shall cover ultraviolet radiation and effects on the skin, photosensitivity, skin typing, FDA and state regulations, eye protection, and equipment maintenance. (G) "Other compensation" means the payment or exchange of goods, services, or anything of value for use of the tanning facility or facilities, including afforded use as a condition or benefit of membership or access; (H) "Sunlamp product" means any electronic product designed to incorporate one or more ultraviolet lamps and intended for irradiation of any part of the living human body, by ultraviolet radiation with wavelengths in air between two hundred and four hundred nanometers, to induce skin tanning. The term sunlamp product includes within its definition the terms "tanning booth" or "tanning bed." (1) "Tanning Booth" means a sunlamp product in which an individual stands. (2) "Tanning Bed" means a sunlamp product in which an individual reclines. (I) "Ultraviolet radiation" for purposes of this chapter includes UVA (ultraviolet A), UVB (ultraviolet B), and UVC (ultraviolet C). (J) "Tanning operator certificate" means a certificate issued by an authorized provider to each person who successfully completes a formal training course. A tanning operator certificate is valid for four years from the date of issuance. (K) "Visible light" means the application of light rays in the visible spectrum to the skin for cosmetic purposes. (L) "Skin typing" means a numerical classification of skin to determine the length of exposure to UVA and UVB lights. Last updated May 18, 2023 at 2:00 PM Supplemental Information |
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Rule 4713-19-04 | Installation of equipment.
No tanning equipment shall be installed in any tanning facility, unless the equipment and facility have been found to be in compliance with the following standards: (A) Sunlamp products: (1) Each tanning bed shall be located in a separate room with a lockable door, and the room shall have non-transparent walls of a sufficient height to ensure user privacy; (2) Each sunlamp product shall be equipped with a timer which complies with the requirements of 21 CFR part 1040, Section 1040.20(C)(2), revised as of April 1, 2012 and cited as 21 CFR 1040.20. The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time. No timer interval shall have an error exceeding plus or minus ten per cent of the maximum timer interval for the product. Each new tanning facility shall install remote timer controls such that clients who are tanning cannot reset the timer; (3) Each sunlamp product shall incorporate a control on the product, or within arm's reach of a user for products without a control installed on the unit by the manufacturer, to enable the user to manually terminate radiation without pulling the electrical plug or coming in contact with the ultraviolet lamp; (4) Each lamp in a sunlamp product shall be shielded so as to prevent the lamp from having any contact with the individual using the sunlamp product. The shields shall not contain substantial cracks or breaks in or on any surface. Replacement shields must be similar in size and material to the original manufacturer's installed shields; (5) Tanning booths shall have a handrail for use during operation; (6) Each tanning facility shall provide clear instructions on the correct body position for use of the sunlamp product; (7) Each sunlamp product shall be housed in a separate room, except when the sunlamp product also incorporates a dressing area in its design; (8) Sunlamp products shall not be altered; (9) Each sunlamp product shall prominently display the following, FDA-required labels: (a) "DANGER--Ultraviolet radiation. Follow instructions. Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer. WEAR PROTECTIVE EYEWEAR; FAILURE TO MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult physician before using sunlamp if you are using medications or have a history of skin problems or believe yourself especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from the use of this product." (b) "This sunlamp product should not be used on persons under the age of 18 years"; (10) Each tanning facility shall be equipped to dissipate heat so that the ambient temperature in the facility does not exceed one hundred degrees Fahrenheit or thirty-seven degrees Celsius; (11) Ultraviolet lamps, bulbs, and filters shall be replaced as recommended by the manufacturer, or as soon as they become defective or damaged. Only lamps, bulbs or filters that meet FDA requirements for any particular sunlamp product, or a certified compatible lamp, may be used in the operation of the sunlamp product. The facility shall maintain the manufacturer's recommendations for lamps, bulbs, or filters on file in the facility, and shall produce copies of the lamp compatibility sheets upon inspection or request. Electronic versions of lamp compatibility sheets are acceptable; (12) Tanning facilities shall install lamps and bulbs in a manner that allows board inspectors to view the lamp or bulb label for comparison; (13) Each sunlamp product, bulb, or component shall not be altered or modified from the manufacturing specifications of the original product or used for purposes other than those noted in the owner's manual for the product. (B) Chemical tanning products: (1) Equipment or booths used to apply chemicals to human skin shall be installed and/or used in accordance with the manufacturer's recommendations; (2) Facilities that offer spray-on, mist-on, or sunless tanning must have the following warning conspicuously posted in the facility": "Warning--This product does not contain a sunscreen and does not protect against sunburn. Repeated exposure of unprotected skin while tanning may increase the risk of skin aging, skin cancer, and other harmful effects to the skin even if you do not burn." (C) Cosmetic, visible light products: (1) Equipment or booths that use visible light for cosmetic purposes shall be installed and/or used in accordance with the manufacturer's recommendations; (2) Facilities shall not modify, alter, or use sunlamp products, chemical tanning products, or any other equipment or products that are not specifically designed to use visible light for cosmetic purposes to provide cosmetic, visible light services. Last updated May 18, 2023 at 2:00 PM Supplemental Information |
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Rule 4713-19-05 | Facility and equipment operation.
(A) Sunlamp products: (1) Each tanning facility offering sunlamp product services shall have a certified operator on duty at all times to instruct and assist the public in the proper operation and use of the sunlamp product. The certified operator shall be stationed in the immediate vicinity of any sunlamp product and closely monitor the services being provided to each individual seeking to use sunlamp product services. (2) Each tanning facility shall require a certified operator for sunlamp product services to perform the following functions: (a) Make a reasonable attempt to determine the age of the individual seeking to use the sunlamp tanning service by requesting to see a current, valid driver's license or government-issued, picture identification containing the individual's birth date; (b) Obtain a signed consent form in compliance with section 4713.50 of the Revised Code (effective June 20, 2015) and maintained pursuant to paragraph (A)(2) of rule 4713-19-09 of the Administrative Code; (c) Provide, or make available, protective eyewear to each individual seeking to use the sunlamp product, and ensure that any protective eyewear provided by the facility is properly disinfected in accordance with rule 4713-19-06 of the Administrative Code; (d) Determine the skin type of the individual on the individual's first visit to the tanning facility, and note the skin type on the individual's tanning record, unless using a sunlamp product that is designed to automatically skin type each individual; (e) Establish the time period for the initial exposure and each subsequent exposure, based on skin type, until the individual seeking to use the sunlamp product service has reached the individual's maximum radiation level; (f) Instruct the individual seeking to use the sunlamp tanning service on the position of the safety railing in tanning booths; and the manual switching device to terminate the radiation in case of an emergency; (3) Tanning facilities must post signs, immediately adjacent to each sunlamp product, warning consumers of the potential effects of radiation on persons taking medication and the possible relationship of radiation to skin cancer. (4) Perform timer checks on beds with mechanical timers every time bulbs are changed, but at least annually, and maintain documentation of the timer checks. Timer checks are not required for beds with digital timers. (B) Chemical tanning: (1) Facilities must provide each individual seeking to use the chemical tanning services with the following items: (a) Protective eyewear; (b) Lip balm; and (c) Nose filters. (2) Facilities shall require individuals seeking to use the chemical tanning services to cover sensitive areas containing mucous membranes during the application of chemicals to the skin. (3) Any chemical applied to the human skin must be applied in accordance with the manufacturer's instructions and used prior to the expiration date listed on each container of product. (4) Facility personnel applying chemicals with a chemical airbrush must use an EPA-approved dust mask during chemical application. (5) For services provided outside of a salon, the service location must be reported to the board prior to the service on forms prescribed by the board. The board expressly reserves the right to inspect temporary chemical tanning facility premises at random and without notice. (C) General facility operation: (1) Facilities shall regularly inspect the facility to ensure that the floors are dry. (2) Facilities shall ensure that non-absorbent flooring or rubber or plastic mats are in place where an individual enters or exits equipment used in the tanning process, and that the non-absorbent flooring or mats are disinfected after each use. (3) Only one individual shall use tanning equipment during a session. No individual shall be permitted in any room where tanning equipment is operating and another individual is tanning. (4) Each tanning facility shall maintain an owner's manual, in either paper or electronic form, for each sunlamp product that is used by the tanning facility, and produce such manual upon request. (5) Tanning facilities are not permitted to store or provide sanitizers, disinfectants, or cleaners in tanning rooms. Last updated October 16, 2024 at 11:53 AM Supplemental Information |
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Rule 4713-19-06 | Infection control.
(A) No article or equipment, including eyewear provided by the tanning facility, shall be offered for use to an individual unless that article has first been cleaned and disinfected with an appropriate disinfectant, unless the item is a single-use, disposable item. (B) The walls, floors, ceilings, and fixtures in the facility shall be maintained in a safe condition, and kept in a clean and sanitary manner at all times. (C) A clean sanitary towel shall be provided to all individuals seeking to use tanning services. A hamper or receptacle with solid sides shall be provided for all soiled towels and linen. A facility may use either paper or fabric towels. Fabric towels shall be laundered as set forth in rule 4713-15-11 of the Administrative Code. If the facility uses paper towels, each towel shall be properly disposed of after one use of the towel. (D) All facilities shall be equipped with toilet facilities and dressing rooms. Toilet facilities shall include a flush toilet and hand washing sinks, including running water, pump soap, and a paper towel dispenser or equivalent hand drying equipment. All toilet facilities and dressing rooms shall be kept clean, sanitary, and functional at all times. (E) ) Should blood or other bodily fluids need to be cleaned from any part of the facility or the equipment therein, the individual cleaning blood or other bodily fluids from the equipment or any part of the facility shall follow the procedure to sanitize and disinfect set forth in rule 4713-15-03 of the Administrative Code. Last updated May 18, 2023 at 2:01 PM Supplemental Information |
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Rule 4713-19-08 | Resident tanning facilities.
(A) A tanning facility may be located in a residence, provided the tanning facility shall have an entrance to the outside separate from the living quarters or garage of the residence. If the tanning facility has doors within its interior that allow access into the living quarters, garage, or basement of the residence, the doors shall be solid, have a wood frame or other solid frame, shall be able to be secured, and shall be kept closed during the time when the tanning facility is open for business. The tanning facility shall also be equipped with at least one restroom, which must include a toilet and a sink with running water, that is separate from the living quarters, garage, and basement of the residence. (B) Residential tanning facilities shall be subject to all laws of Chapter 4713. of the Revised Code and the rules promulgated under it in order to obtain and maintain a permit, and shall comply with all licensure and operating requirements prescribed in this chapter for tanning facilities. Last updated May 18, 2023 at 2:01 PM Supplemental Information |
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Rule 4713-19-09 | Maintaining records for sunlamp product services.
(A) The operator of a tanning facility shall maintain a file for each individual seeking to use the sunlamp tanning service. Each file shall include : (1) Date of most recent exposure to UVA/UVB, including any dates provided by the individual documenting recent exposure in other tanning facilities; (2) Copies of the consent forms developed by the Ohio state cosmetology and barber board that have been signed by the individual, parent, or legal guardian, in accordance with division (B) of section 4713.50 of the Revised Code based upon the age of the individual seeking to use the sunlamp tanning service; (3) A record of the individual's skin type, the date the determination was made, and the certified operator who made the skin type determination; (4) Acknowledgment of receipt of protective eyewear or that the individual will use their own approved eyewear; (5) Acknowledgment that the individual has been advised of maximum exposure time for the session in the unit to which the individual has been assigned; (B) Tanning facilities that maintain records on computer or data processing equipment may use a single paper sign-in sheet for all individuals tanning in a single day. By the end of every day the tanning facility is open for business, the tanning facility shall transfer the information from the paper sign-in sheet to the individual's permanent file. (C) Tanning facilities that utilize electronic signatures and/or biometric identification may utilize the electronic scan or electronic signature in place of a paper sign-in sheet as noted in paragraph (B) of this rule. Last updated October 16, 2024 at 11:53 AM Supplemental Information |
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Rule 4713-19-10 | Tanning equipment posing safety risks.
A tanning facility shall not use any tanning equipment that is not fully functional or that poses a possible safety risk to a patron. If tanning equipment is broken, does not operate properly, or poses a safety risk, the tanning facility shall not use the tanning equipment until it is repaired. During the time period the tanning equipment is not in service, the tanning facility shall place a sign on it saying that the tanning equipment is out of service. Last updated May 18, 2023 at 2:01 PM Supplemental Information |
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Rule 4713-19-13 | Termination of tanning services in salons.
Salons, barber shops, tanning facilities, or other commercial locations that have a permit to operate a tanning facility, and have closed the tanning facility portion of the business, shall notify the board and physically remove all tanning equipment within ninety days. Last updated August 7, 2023 at 8:51 AM Supplemental Information |
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Rule 4713-19-14 | Training of operators.
(A) Each tanning facility shall maintain a board-approved certificate of formal training for each certified operator who works at the facility, and shall produce the certificate(s) upon request. (B) In addition to the requirements of paragraph (D) of rule 4713-19-02 of the Administrative Code, each formal training course shall meet the following requirements: (1) Each course shall be at least four hours in length. This four hours shall not include items such as registration, lunch, marketing, profit-making strategies, advertising and accounting, taking a test, or similar functions; (2) Each course shall include written material which covers the required subjects. The written material shall consist of a core training manual, a copy of Title 21, Code of Federal Regulations, Part 1040, Section 1040.20, April 1, 2012. In classroom courses may include an audio-visual presentation covering the required subjects. The board approved provider shall provide copies of all required materials to each individual taking the course and conclude with an examination at a monitored testing site; (3) Courses may be provided in person, web-based, or as a correspondence course. However, the individual taking any version of the course shall take and pass an examination at a monitored site. This examination may be administered either web based or as a written examination. An individual shall score a minimum of seventy-five percent in order to receive their certificate of completion. The monitoring process for the examination shall be approved by the board as part of the board's process of approving education courses; (4) Each course will be processed through the board's continuing education (CE) process. As set forth in paragraph (H) of rule 4713-21-09 of the Administrative Code, the board may suspend, revoke or deny the approval of a provider of certification's permission to offer certification in Ohio. (C) The board shall approve any training course offered by a provider prior to an individual or organization or other legal person offering the course in Ohio. Any individual or organization seeking to obtain board approval shall submit copies of all training materials to be used in the offered training course in Ohio. The materials submitted shall include the credentials of trainers and persons compiling the training materials, a copy of the course curriculum, copies of written materials to be received by trainees, and a course outline indicating the length of time in which any version of a course shall be conducted. The board shall review the materials and inform the applicant of its findings within forty-five days from receipt of all training materials. If it is necessary to make changes to a training course that has been reviewed and approved by the board, those changes shall be submitted to the board for consideration. (D) The board shall approve the certificate of completion to be issued to operators who complete and pass the formal training course. Last updated May 18, 2023 at 2:01 PM Supplemental Information |