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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION

 

DIVISION 119

REGISTRATION OF TANNING FACILITIES

333-119-0001

Purpose and Scope

(1) The purpose of this division is to regulate tanning facilities to minimize the risks associated with tanning by artificial Ultraviolet light. These risks include, but may not be limited to:

(a) Sunburn;

(b) Premature aging of the skin;

(c) Skin cancer;

(d) Retinal damage;

(e) Formation of cataracts;

(f) Suppression of the immune system;

(g) Damage to the vascular system; and

(h) Improper sanitation of tanning devices.

(2) The requirements of this division apply to any tanning facility that operates any tanning devices. Physicians' phototherapy devices are exempted, see OAR 333-119-0130(2).

(3) In addition to the requirements of this division, all registrants are subject to the applicable provisions of other parts of these rules.

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.925 - 431.955
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; PH 14-2008, f. & cert. ef. 9-15-08

333-119-0010

Definitions

(1) “Authority” means the Oregon Health Authority.

(2) "Customer" means any member of the public who is provided access to a tanning device in exchange for a fee or other compensation, or any individual who, in exchange for a fee or other compensation, is afforded use of a tanning device as a condition or benefit of membership or access.

(3) "Employee" means any individual, including a minor whether lawfully or unlawfully employed, who engages to furnish services for remuneration, financial or otherwise, subject to the direction and control of an employer and includes any individual who is required to have workers' compensation coverage.

(4) "EPA" means the U.S. Environmental Protection Agency.

(5) "FDA" means the U.S. Food and Drug Administration.

(6) "Formal Training" means a course of instruction reviewed and approved by the Authority and which is conducted or presented under formal classroom conditions or online by a qualified expert possessing adequate knowledge and experience to offer a curriculum, associated training, and certification testing pertaining to and associated with the correct use of tanning equipment. Operator training shall cover ultraviolet radiation and effects on the skin, photosensitivity, FDA and State of Oregon regulations, eye protection, and equipment maintenance.

(7) "Handrails" means a suitable physical aid that will help to maintain proper exposure distance.

(8) “Identification” means:

(a) A government-issued photo identification that displays the individual’s date of birth; or

(b) A government or non-government issued photo identification when submitted with a completed Oregon Underage Tanning Medical Recommendation form.

(9) "Individual" means any human being.

(10) "Minor" means any individual under the age of 18 years old.

(11) "Operator" means the person who is an employee (defined by the Oregon Occupational Safety and Health Division, OAR 437-003-0011(2)) or contractor of the tanning facility who has received a certificate from an approved formal training course and who is responsible for:

(a) Determining customer's skin type;

(b) Determining the suitability for use of a tanning device;

(c) Providing information regarding the dangers of ultraviolet radiation exposure including photoallergic reactions and photosensitizing agents;

(d) Assuring that all required forms are understood and properly signed by the customer;

(e) Maintaining required exposure records;

(f) Recognizing and reporting injuries or alleged injuries to the registrant;

(g) Determining the customer’s exposure schedule;

(h) Setting timers which control the duration of exposure; and

(i) Instructing the customer in the proper use of protective eyewear.

(12) "Other Compensation" means the payment or exchange of goods, services or anything of value for use of the tanning device or devices.

(13) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent or agency of these entities.

(14) "Phototherapy Device" means equipment that emits Ultraviolet radiation used by a health care professional in the treatment of disease or illness.

(15) “Program” means the Radiation Protection Services section of the Public Health Division.

(16) "Protective Eyewear" means suitable eyewear that protects the eye from Ultraviolet radiation and allows adequate vision.

(17) “Public Places” means the area where members of the public may assemble and are not directly affected by tanning operations.

(18) “Recommendation” means a written directive using a form provided by the Authority and signed by a licensed physician.

(19) "Registrant" means a tanning facility registered with the Authority as required by provisions of this division.

(20) "Registration" means registration with the Authority in accordance with provisions of this division.

(21) "Safe Level" means not more than 50 colonies of microorganisms per four square inches of equipment surface.

(22) "Sanitize" means the effective bactericidal treatment of surfaces of equipment and devices by an EPA or FDA registered product that provides a sufficient concentration of chemicals, and enough time to reduce the bacterial count, including pathogens, to a safe level. Chemical germicides that are registered with EPA as hospital disinfectants when used at recommended dilutions and directions may be approved for sanitizing of tanning devices.

(23) Skin Types:

(a) “Type 1” means skin burns easily and severely (painful burn); tans little or none and peels.

(b) “Type 2” means skin burns easily and severely (painful burn); tans minimally or lightly and also peels.

(c) “Type 3” means skin burns moderately and tans about average.

(d) “Type 4” means skin burns minimally, tans easily and above average with each exposure; exhibits immediate pigment darkening reaction.

(e) “Type 5” means skin rarely burns, tans easily and substantial; always exhibits immediate pigment darkening reaction

(24) "Tanning Device" means any equipment used for tanning of the skin, that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers including, but not limited to, a sunlamp, Ultraviolet Lamp, tanning booth, facial unit, UVA wand, or tanning bed. "Tanning device" also means any accompanying equipment, including, but not limited to, protective eyewear, timers, ballasts, starters, lamps, reflectors, cooling fans, acrylics, comfort pillows and handrails.

(25) "Tanning Facility" means any location, place, area, structure, or business that provides persons access to any tanning device.

(26) "Timer" means a device provided to terminate the exposure at a preset time interval.

(27) "Ultraviolet Radiation" means radiation that has a wavelength between two hundred nanometers and four hundred nanometers.

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.925 - 431.955
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 14-2008, f. & cert. ef. 9-15-08; PH 4-2010, f. & cert. ef. 2-16-10; PH 20-2010, f. & cert. ef. 9-1-10; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 10-2011, f. 9-30-11, cert. ef. 10-1-11; PH 14-2013, f. 12-26-13, cert. ef. 1-1-14

333-119-0020

Registration

(1) Prior to the operation of any tanning device used by the public for a fee or other compensation, the owner or operator shall file an application with the Authority and pay applicable fee(s) in the amount and in the manner specified in OAR 333-103-0025 to register each tanning device.

(2) If the owner or operator owns or operates more than one such tanning facility, the owner or operator shall file a separate application for each such facility owned or operated.

(3) Registration application shall be made on forms furnished by the Authority.

(4) A validation certificate or acknowledgement of validation will be issued by the Authority.

(5) The certificate issued by the Authority shall be effective for one year beginning January 1 through December 31.

(6) The certificate shall be displayed in a conspicuous open public area of the tanning facility.

(7) The Authority will provide an identification number that will be affixed by a Authority inspector to each tanning device during the initial or follow-up facility inspection:

(a) Identification numbers shall not be removed without written permission of the Authority; and

(b) Identification numbers shall not be defaced.

(8) The registrant shall notify the Authority in writing before making any change that would render the information contained in the application for registration or the validation of registration no longer accurate.

(9) No registration may be transferred from one person to another person, from one tanning facility to another tanning facility, or from one tanning device to another tanning device.

(10) In the event of a change in ownership, the new owner will be required to apply for a registration of the tanning device within 30 days after taking possession of the property.

(11) Tanning facilities already in existence at the time of the effective date of this rule may continue to operate. Such facility shall be given priority in the inspection process by the Authority. However, should those tanning facilities fail to meet the standards, they may be prohibited from continuing to operate until such time as they have met those standards through evaluation by the Authority's inspectors or through a hearing held by the Authority.

(12) Failure to properly register a tanning device is subject to the imposition of a civil penalty per ORS 431.950 and ORS 431.262.

(13) The Authority may require tanning facility registrants to complete and update application forms and information concerning tanning devices.

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.925 - 431.955
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 14-2008, f. & cert. ef. 9-15-08; PH 4-2010, f. & cert. ef. 2-16-10; PH 20-2010, f. & cert. ef. 9-1-10

General Requirements

333-119-0030

Administrative Responsibilities

(1) The registrant shall be responsible for directing the operation of the tanning facility that has been registered with the Authority. That individual or individual's agent shall assure that the provisions of these rules are met in the operation of tanning devices.

(2) A tanning device which does not meet the provisions of these rules shall not be operated and may be tagged "Out of Service for Non-compliance with OAR 333-119 Requirements" by Authority inspectors. Devices tagged as non-compliant shall not be operated until written authorization is received by the registrant from the Authority.

(3) The registrant shall assure that the tanning facility will comply with all applicable federal laws and regulations.

(4) In addition to the requirements of this division, all registrants are subject to the applicable requirements of divisions 100, 103 and 111 of this chapter.

(5) The Authority Inspection Findings report and facility response letter(s) shall be conspicuously posted in public view until all items of non-compliance have been corrected and a written Authority release from this requirement is received by the registrant.

(6) The registrant shall post in a conspicuous place the Authority "Notice To The Public".

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.930 & 431.935
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 14-2008, f. & cert. ef. 9-15-08

333-119-0040

Construction and Operation of Tanning Facilities

Unless otherwise ordered or approved by the Authority, each tanning facility shall be constructed, operated and maintained to meet the following minimum requirements:

(1) All tanning facilities shall be equipped with convenient toilet facilities and dressing rooms. Such toilet facilities shall include a water closet and hand washing sinks. Such toilet and dressing rooms shall be properly maintained, as well as meet all state and local codes.

(2) All areas of the tanning facility shall be ventilated with at least six air changes per hour or as required by local code.

(3) Tanning booth temperature shall be maintained below 100 degrees Fahrenheit (38 degrees Centigrade) during booth operation.

(4) The tanning device shall meet the National Fire Protection Association's National Electrical Code, or be approved by the Underwriter Laboratories (UL) or Electrical Testing Laboratories (ETL).

(5) Except as otherwise noted by the Authority, each tanning facility shall be constructed, operated and maintained in accordance with applicable city, county and state codes.

(6) Clean sanitary towels shall be provided to all patrons using tanning facilities.

(7) A hamper or receptacle must be provided for all soiled towels and linen.

(8) No pets or animals are permitted in tanning facilities other than service animals.

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.930
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 14-2008, f. & cert. ef. 9-15-08; PH 4-2013, f. & cert. ef. 1-29-13

333-119-0041

Cleaning and Sanitation

(1) All areas of the tanning facility, including tanning devices, equipment and apparatus, shall be maintained in a clean and sanitary manner by the facility operator.

(2) The tanning device(s) and protective eyewear shall be cleaned after each use by the facility operator.

(3) A clean paper or cloth towel shall be used each time the tanning device is cleaned and sanitized.

(4) The sanitizer must be specifically manufactured for sanitizing ultraviolet light emitting equipment and protective eyewear, and must not damage the acrylic lamp covers of the device. The ultraviolet light produced by the tanning device itself is not considered an adequate sanitizing agent.

(5) An operator cannot require the consumer to sanitize the tanning equipment or protective eyewear and shall not post any signs requesting such sanitation be performed by the consumer.

(6) The sanitizer must contain a concentration of Quaternary Ammonium between 400ppm-800ppm. A test kit that accurately measures the concentration of the sanitizing solution in parts per million (ppm) shall be used to measure the strength of the sanitizing solution when the concentrate and water dilution is initially prepared and tested weekly thereafter to ensure sufficient strength remains within the sanitizing solution.

(7) A written policy for cleaning and sanitizing shall be available for employees and the consumer. Written policies need to address the following:

(a) Tanning device manufacturer’s recommended sanitizer solution and cleaning guidelines. If the manufacturer does not recommend a specific sanitizer then the written policy shall contain the name of the sanitizer that is being used on the tanning device and eyewear.

(b) Materials Safety Data Sheets referring to the sanitizing agent used by the operator.

(c) Location of the sanitizer and the application instructions.

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.930
Hist.: PH 4-2013, f. & cert. ef. 1-29-13

Specific Requirements

333-119-0050

Warning Statement

At each customer's initial visit to a tanning facility, and at least annually thereafter, the customer shall be provided the following written statement to review and sign which warns the customer that (a Authority approved tanning client card may be used to satisfy this requirement):

(1) Not wearing the protective eyewear provided to each customer by the tanning facility may cause damage to the eyes; and

(2) Overexposure to the tanning process may cause burns; and

(3) Repeated exposure to the tanning process may cause skin cancer or premature aging of the skin or both; and

(4) Abnormal skin sensitivity or burning may result from the tanning process if the customer is also consuming or using certain:

(a) Foods;

(b) Cosmetics; or

(c) Medications such as tranquilizers, antibiotics, diuretics, high blood pressure medication, antineoplastics or birth control pills; and

(5) Any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device.

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.925 - 431.955
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 14-2008, f. & cert. ef. 9-15-08

333-119-0060

Warning Sign

(1) The registrant shall conspicuously post the warning sign described in section (2) of this rule within one meter (39.37 inches) of each tanning device and in such a manner that the sign is clearly visible, not obstructed by any barrier, equipment or other object, and can be easily viewed by the customer before operating the tanning device.

(2) The warning sign in section (1) of this rule shall meet the following requirements:

(a) The sign shall be printed on paper or similar material no smaller than 8.5 inches by 11 inches. Signs are available for printing on the Authority’s website.

(b) The major sign heading shall be labeled “DANGER” and the section entitled “FAILURE” shall be a minimum of Times New Roman, bold with a minimum font size of 40.

(c) The body text shall be a minimum of Times New Roman with a minimum font size of 20.

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/or skin cancer.

FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.

Medications or cosmetics may increase your sensitivity to the Ultraviolet radiation. Consult a physician before using sunlamp or tanning device if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight.

If you do not tan in the sun, you are unlikely to tan from the use of this product

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.925 - 431.955
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 14-2008, f. & cert. ef. 9-15-08; PH 20-2010, f. & cert. ef. 9-1-10

333-119-0070

Protective Eyewear

(1) The registrant shall provide protective eyewear to each customer for use during any use of tanning devices.

(2) The protective eyewear in section (1) of this rule shall meet the requirements of 21 Code of Federal Regulations (CFR) Part 1040, Section 1040.20(c)(4).

(3) Tanning facility operators shall ensure that customers wear the protective eyewear required by this rule.

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.925 - 431.955
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 14-2008, f. & cert. ef. 9-15-08

333-119-0080

Training of Personnel

(1) The registrant shall maintain documentation to verify that all tanning device operators are adequately trained in the following:

(a) The rules of this division;

(b) Procedures for correct operation of the tanning facility and tanning devices;

(c) Recognition of injury or overexposure to Ultraviolet radiation;

(d) The tanning device manufacturer's procedures for operation and maintenance of the tanning devices;

(e) The determination of skin type of customers and appropriate determination of duration of exposure to registered tanning devices;

(f) Emergency procedures to be followed in case of injury; and

(g) Potential photosensitizing foods, cosmetics, and medications.

(2) The registrant shall ensure that tanning devices are operated only while an adequately trained operator is present at the tanning facility.

(3) All operators of registered tanning devices must successfully complete an Authority approved tanning training course in the State of Oregon prior to commencement of tanning operations.

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.930
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 14-2008, f. & cert. ef. 9-15-08; PH 4-2010, f. & cert. ef. 2-16-10; PH 20-2010, f. & cert. ef. 9-1-10; PH 4-2013, f. & cert. ef. 1-29-13

333-119-0090

Protection of Consumers

The registrant shall establish and use a procedure manual that will aid in the protection of the customer to excessive or unnecessary exposure to Ultraviolet Light. This manual shall include, but not be limited to, the following instructions:

(1) Only one customer may occupy the tanning room. In the case of a customer using a tanning device who may need the aid or assistance from another person, that individual must also be provided with and wear protective eyewear.

(2) No customer under the age of 18 years shall be allowed to use a tanning device without a completed Oregon Underage Tanning Medical Recommendation form completed by a licensed physician and identification. The recommendation:

(a) Must identify the physician and client and describe the recommended tanning session frequency(s) and duration(s);

(b) Must identify dates for starting and ending of the tanning sessions; and

(c) Cannot exceed the exposure scheduled per OAR 333-119-0100(14)(b).

(3) A sign shall be posted in conspicuous view at or near the reception area with the following text in a minimum of at least 36 point type:

"PERSONS UNDER AGE 18 ARE NOT ALLOWED TO USE A TANNING DEVICE WITHOUT A WRITTEN RECOMMENDATION FROM A LICENSED PHYSICIAN”

(4) Each person using a tanning device shall be instructed by the operator on the maximum exposure time and proper exposure distance, as recommended by the manufacturer of the device. The operator shall also instruct the customer as to the location and proper operation of the tanning device's emergency shut off switch.

(5) Infants and minors are not permitted to be in the tanning device room during exposure by parents or guardians.

(6) Tanning operators shall limit exposure time to the exposure time recommendation provided by the device manufacturer on the tanning device or in the device operating manual. The maximum exposure time recommended by the manufacturer of the device shall not be exceeded in any 24-hour period.

(7) Tanning facilities shall post the following signs visible to the customer:

(a) “In Case Of An Emergency, Dial 911”;

(b) “Oregon Radiation Protection Services at (971) 673-0490”.

(8) Tanning operators shall maintain a list of the common photosensitizing agents as provided by the Public Health Division, FDA, or other appropriate authorities, available for review by customers.

(9) Tanning facilities are prohibited from controlling the use of tanning devices solely with token timer systems or a mechanical timer system.

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.930
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 14-2008, f. & cert. ef. 9-15-08; PH 4-2010, f. & cert. ef. 2-16-10; PH 10-2011, f. 9-30-11, cert. ef. 10-1-11; PH 14-2013, f. 12-26-13, cert. ef. 1-1-14

333-119-0100

Equipment

(1) The registrant shall use only tanning devices manufactured in accordance with the specifications set forth in 21 CFR Part 1040, Section 1040.20, "Sunlamp Products and Ultraviolet Lamps Intended for Use in Sunlamp Products."

(2) Each sunlamp product or Ultraviolet Lamp used in these facilities shall not emit measurable Ultraviolet C radiation.

(3) Each Ultraviolet Lamp contained within the sunlamp product shall be shielded so as to not come into contact with the customer. A transparent acrylic cover shall be used for this purpose.

(4) Tanning booths in which the customer is in a standing position shall be provided with a handrail for the customer to hold onto during operation of the booth.

(a) The construction of the booth shall be such that it will have the strength to withstand the stress of use and the impact of a falling person.

(b) Entry to stand-up booths shall be of rigid construction with doors which are non-latching and open outwardly.

(5) Each tanning device shall have, clearly marked, the appropriate position the customer is to assume prior to operation.

(6) Each tanning device shall prominently display the following label or equivalent warning/information label:

DANGER — ULTRAVIOLET RADIATION.

FOLLOW INSTRUCTIONS CAREFULLY

DO NOT ENTER WITHOUT PROTECTIVE EYEWEAR

(7) Adequate means shall be provided to enable a customer to summon assistance from the exposure position.

(8) All persons hired for servicing and repair of tanning devices shall be an Authority licensed service technician or State of Oregon licensed electrician.

(9) Original Equipment Manufacturer (OEM) replacement parts (or equivalent) shall be used, if available, to prevent UL/ETL delisting of tanning devices. All local, State of Oregon, and National Electrical Codes must be observed during service and repair actions.

(10) Defective or burned out tanning lamps or bulbs shall be replaced with a type intended for use in the device and shall be of the same Ultraviolet range (A or B) as the manufacturer specifies, and shall be the original lamp type as specified by the manufacturer, or certified as an equivalent lamp per 21 CFR 1040.20.

(11) If equivalent lamps are used instead of the Original Equipment Manufacturer (OEM) required lamps, a copy of the equivalency certification, provided by the lamp supplier, shall be maintained on file for review by Authority inspectors.

(12) Defective or burned out tanning lamps and tanning lamps which have been operated in a tanning device for the manufacturer's maximum rated lamp hour life, shall be disposed of in a safe and proper manner to prevent unauthorized and unsafe use as lighting devices. Used tanning lamps are prohibited from being resold for any purpose.

(13) If the Ultraviolet tanning device is not in an individual cubicle, then a suitable screen, curtain, or other shield shall be provided, maintained, and used to prevent unnecessary exposure to Ultraviolet radiation of persons not using the device.

(14) The facility operator shall ensure that customers do not exceed the exposure time indicated by the manufacturer.

(15) Each tanning device shall have a timer that complies with the requirements of 21 CFR Part 1040, Section 1040.20 (c)(2).

(a) The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time, or 20 minutes, whichever is less.

(b) A tanning facility shall use the following exposure schedule or an equivalent schedule to accommodate tanning devices with 30 minute maximum timers that are reduced to 20 minute maximum timers:

(A) Skin type 1:

(i) Week 1: 1-3 minutes;

(ii) Week 2: 4-6 minutes;

(iii) Week 3: 7-10 minutes;

(iv) Week 4: 11-15 minutes.

(B) Skin type 2 and 3:

(i) Week 1: 4 minutes;

(ii) Week 2: 8 minutes;

(iii) Week 3: 12 minutes;

(iv) Week 4: 16 minutes;

(v) Weekly maintenance: 20 minutes.

(C) Skin Type 4 and 5:

(i) Week 1: 4 minutes;

(ii) Week 2: 12 minutes;

(iii) Week 3: 16 minutes;

(iv) Week 4: 20 minutes;

(v) Weekly maintenance: 20 minutes.

(c) Tanning device timers shall be controlled by a properly trained operator. A remote timer control system shall be used for this purpose.

(d) Each tanning device shall be equipped with an emergency shut-off mechanism to allow manual termination of the UV exposure by the customer, as required by 21 CFR 1040.20(c)(3).

(16) Each timer must be functional and accurate to within ± 10 percent.

(17) The registrant shall ensure that the timer is checked annually for accuracy.

(18) All tanning devices shall be maintained to the minimum requirements of the manufacturer.

(19) Each tanning device shall be equipped with an hour meter to accurately determine lamp hour use and recording of maintenance service on each device.

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.655, 431.930 & 431.945
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 14-2008, f. & cert. ef. 9-15-08; PH 4-2010, f. & cert. ef. 2-16-10; PH 10-2011, f. 9-30-11, cert. ef. 10-1-11

333-119-0110

Records and Reports

(1) The registrant shall maintain a record of each customer's total number of tanning visits, dates and durations of tanning exposures.

(2) The registrants shall maintain a record of each customer's signature and acknowledgement that they understand the potential risks involved with exposure to Ultraviolet radiation and overexposure, and that they have reviewed a photosensitizing drug list.

(3) The registrant shall maintain and have available when requested by the Authority, all completed Oregon Underage Tanning Medical Recommendation forms with copies of the identification used for each minor allowed to use a tanning device.

(4) Any tanning client who appears to be under the age of 26 years shall be required to show identification. The type of identification, identification number, client’s name, and date of birth shall be recorded by the registrant. When requested by the Authority, records shall be available for review.

(5) The registrant shall submit to the Authority a written report of injury for which medical attention was sought or obtained from the use of registered tanning devices within five working days after occurrence. The report shall include:

(a) The name, address and phone number of the affected individual;

(b) The name, location and phone number of the tanning facility involved;

(c) The nature of the actual or alleged injury; and

(d) Any other information relevant to the actual or alleged injury to include the date and duration of exposure and any documentation of medical attention sought or obtained.

(6) The registrant shall maintain records showing the results of annual timer tests.

(7) The registrant shall maintain a record of operator training as required in OAR 333-119-0080(4).

(8) The registrant shall maintain the following information for each tanning device:

(a) Manufacturer's equipment manual and any other service related material or instruction; and

(b) The exposure schedule developed by the manufacturer; and

(c) Records of surveys, inspections, maintenance, and modifications performed on the tanning device with names of persons performing such services, the date of service, and the hour meter reading of the device serviced.

(9) Records shall be maintained showing the receipt, transfer, repair and disposal of all tanning devices and lamps.

(10) All required records shall be maintained until inspected by the Authority and shall be so filed as to be readily available for review.

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.925 - 431.955
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 14-2008, f. & cert. ef. 9-15-08; PH 14-2013, f. 12-26-13, cert. ef. 1-1-14

333-119-0120

Advertising

(1) Registrants shall not claim or distribute promotional materials that claim using a tanning device is safe, free from risk or that using the device will result in medical or health benefits. Only cosmetic claims can be promoted.

(2) No person, in any advertisement, shall refer to the fact that such person, or such person's facility is registered with the Authority pursuant to the provisions of this division, and no person shall state or imply that any activity under such registration has been approved by the Authority.

(3) No person or facility shall advertise or promote tanning packages labeled as "unlimited".

(4) Tanning packages shall include the following written tanning guidelines for all clients:

(a) Initial tanning sessions (three to five) are limited to intervals of at least 48 hours between sessions to allow adequate time for melanin activation and transit to occur prior to subsequent exposures. The manufacturer's recommended exposure schedule posted on tanning devices or listed in the operating manual for the tanning device shall be followed by tanning operators advising new clients during initial tanning sessions.

(b) After the initial (three to five) tanning exposures, tanning sessions are limited to one tanning session per 24-hour period (or one tanning session per 48 hours on tanning devices so labeled) with customers being properly advised of the manufacturer's recommended exposure schedule posted on tanning devices or listed in the operating manual for the tanning device.

(c) Promotion of annual tanning packages shall include a written statement listing the total number of sessions allowed per person, per year (recommendations should generally not exceed two sessions per week and the maximum of 30-50 sessions per year as recommended by the International Radiation Protection Association (IRPA) and other authorities).

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.930
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 14-2008, f. & cert. ef. 9-15-08; PH 20-2010, f. & cert. ef. 9-1-10

333-119-0130

Exemptions

(1) The Authority may, upon application therefore or upon its own initiative, grant such exemptions or exceptions from the requirements of the rules in this section as it determines are authorized by law and will not result in undue hazard to public health and safety.

(2) A phototherapy device used by or under the direct supervision of a physician licensed under ORS chapter 677 is exempt from the requirements of this division.

(3) Any individual is exempt from the provisions of this division to the extent that such individual owns a tanning device exclusively for personal use.

(4) Tanning devices, while in transit or storage incidental thereto, are exempt from the provisions of this division.

(5) Tanning devices located in any facility having public access are required to have the power supply physically disconnected from the device and lamps removed in order to qualify for a no-fee-required storage designation. Tanning devices with lamps installed and power active to the device are required to be registered with the Authority and pay applicable fees.

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.925 - 431.955
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 14-2008, f. & cert. ef. 9-15-08

333-119-0140

Denial, Revocation, Termination of Registration

(1) The Authority may deny, suspend or revoke registration issued pursuant to this division:

(a) For any written false statement in the application for registration or in any statement of fact as required by provisions of this division; or

(b) Because of conditions revealed by the application or any report, record, inspection or other means which would warrant the Authority to refuse to grant a registration; or

(c) For operation of the tanning facility in a manner that causes or threatens to cause hazard to the public health or safety; or

(d) For failure to allow authorized representatives of the Authority to enter the tanning facility at reasonable times for the purpose of determining compliance with the provisions of this division, or an order of the Authority; or

(e) For violation of, or failure to observe any of the terms and conditions of the rules in this division, or an order of the Authority; or

(f) For failure to properly dispose of used tanning lamps and thus allowing possible use in an unauthorized or hazardous manner.

(2) Except in cases of willfulness or cases in which the public health, interest or safety requires otherwise, prior to the institution of proceedings for suspension or revocation of a registration, the Authority shall:

(a) Call to the attention of the registrant, in writing, the facts or conduct which may warrant such actions; and

(b) Provide reasonable opportunity for the registrant to demonstrate or achieve compliance with all lawful requirements.

(3) Any person aggrieved by a decision by the Authority to deny a registration or to suspend or revoke a registration after issuance may request a hearing.

(4) The Authority may terminate a registration upon receipt of a written request for termination from the registrant.

(5) The Authority may, by rule, regulation, or order, impose upon any registrant such requirements in addition to those established in this regulation as it deems appropriate or necessary to minimize danger to public health and safety or property.

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.935 - 431.950
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; PH 14-2008, f. & cert. ef. 9-15-08

333-119-0200

Vendor Responsibilities

(1) Any person who sells, leases, transfers, or lends tanning devices in this state shall notify the Authority of the following within 30 days after each sale or installation:

(a) Name and address of persons who have received these devices;

(b) The manufacturer model and serial numbers of each device; and

(c) The date of transfer.

(2) No person shall make, sell, lease, transfer, lend or install tanning devices or the supplies used in connection with such devices unless such supplies and equipment when placed in operation and use, will meet the requirements of these rules.

(3) State of Oregon identification numbers shall not be removed, altered or defaced by any vendor doing business in this state, without written permission of the Authority.

(4) Vendors of tanning devices, replacement lamps, sanitizers, protective eyewear, UV light measurement devices, calibration of measurement equipment, remote timer systems, computer control systems, repair or cleaning services, parts supplies, or operator training are required to apply for a license for sales, services and servicing as specified in OAR 333-101-0020. Vendor license application forms will be furnished by the Authority. Vendors are prohibited from providing tanning equipment installation, servicing and/or services prior to the Authority issuing a licensing certificate to the vendor.

(5) Vendors providing operator training services are required to apply for a license for services as specified in OAR 333-101-0020. The Authority will furnish license application forms. Prior to offering training services, vendors shall submit to the Authority the following:

(a) A list of qualified on-site training personnel including a curriculum vitae or resume outlining training experiences;

(b) A copy of all training materials to be used; and

(c) A copy of examinations to be used.

(6) Upon approval, a letter will be sent to the training service vendor giving permission to offer tanning operator training within the State of Oregon.

(7) The Authority shall be notified prior to training material revisions. The Authority shall review and approve all changes made to the training materials.

(8) Vendors shall maintain records of course completion and test results for a period of at least three years from the date of the operator training course. A copy of the list of persons successfully completing operator training shall be furnished to the Authority and include the following:

(a) Name of persons trained;

(b) Individual test scores; and

(c) Associated tanning facility, name and address.

(9) The Authority shall be provided access to audit any operator training courses offered within the State of Oregon without charge.

Stat. Auth.: ORS 431.925 - 431.955
Stats. Implemented: ORS 431.925 - 431.955
Hist.: HD 15-1991, f. & cert. ef. 10-1-91; HD 15-1994, f. & cert. ef. 5-6-94; HD 24-1994, f. & cert. ef. 9-6-94; PH 14-2008, f. & cert. ef. 9-15-08; PH 20-2010, f. & cert. ef. 9-1-10

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