15A NCAC 11 .1418. RECORDS: REPORTS AND OPERATING REQUIREMENTS

(a)  Prior to initial exposure, the tanning facility operator shall provide each consumer the opportunity to read a copy of the warning specified in Rule .1414(b) of this Section and request that the consumer sign a statement that the information has been read and understood. For illiterate or visually impaired persons unable to sign their name, the warning statement shall be read by the operator, in the presence of a witness, and the witness and the operator shall sign the statement.

(b)  The registrant shall maintain a record of each consumer's total number of tanning visits including dates and durations of tanning exposures.

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

(1)           the name of the affected individual;

(2)           the name and location of the tanning facility involved;

(3)           the nature of the actual or alleged injury; and

(4)           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.

(d)  The registrant shall not allow individuals under the age of 18 to use tanning equipment unless the individual provides a consent form and a statement, described in Paragraph (a) of this Rule, signed by that individual's parent or legal guardian.

(e)  The registrant shall not allow minors to remain in the tanning room while the tanning equipment is in operation except as provided for in this Rule.

(f)  The registrant shall replace defective or burned out lamps, bulbs or filters with a type intended for use in the affected tanning equipment as specified by the manufacturer's product label and having the same spectral distribution (certified equivalent lamp).

(g)  The registrant shall replace ultraviolet lamps and bulbs, which are not otherwise defective or damaged, at such frequency or after such duration of use as may be recommended by the manufacturer of such lamps and bulbs.

(h)  The registrant shall certify that all tanning equipment operators are trained in at least the following:

(1)           the requirements of this Section;

(2)           procedures for correct operation of the tanning facility and tanning equipment;

(3)           recognition of injury or overexposure to ultraviolet radiation;

(4)           the tanning equipment manufacturer's procedures for operation and maintenance of the tanning equipment;

(5)           the determination of skin type of customers and appropriate determination of duration of exposure to registered tanning equipment; and

(6)           emergency procedures to be followed in case of injury.

(i)  The registrant shall allow operation of tanning equipment only by and in the physical presence of persons who have successfully completed formal training courses which meet the requirements of  Subparagraphs (h)(1) to (6) of this Rule.

(j)  The registrant shall maintain a record of operator training required in Paragraphs (h)and (i) of this Rule for inspection by authorized representatives of the agency.

(k)  No registrant shall possess, use, operate or transfer tanning equipment or their ultraviolet radiation sources in such a manner as to cause any individual under 18 years of age to be exposed to radiation emissions from such equipment except in accordance with Paragraph (d) of this Rule.

(l)  Each registrant shall make available to all employees current copies of the following documents:

(1)           the facility's certificate of registration; and

(2)           conditions or documents incorporated into the registration by reference and amendments thereto.

 

History Note:        Authority G.S. 104E‑7(a)(7);

Eff. June 1, 1989;

Amended Eff. August 1, 2002; May 1, 1993; May 1, 1992.