§ 177.03 Definitions.
RCNY § 177.03
"Adequate" means sufficient to accomplish the purpose for which something is intended, and to such a degree that no reasonable risk to health or safety is presented. An item installed, maintained, designed and assembled, an activity conducted, or an act performed, in accordance with generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession, is adequate within the meaning of this Article. "Approved" means acceptable to the New York City Department of Health and Mental Hygiene based on a determination of conformance with applicable documented standards the Department has determined, or which are set forth by any applicable regulatory agency or recognized standards-issuing body. "C.F.R." means the Code of Federal Regulations. "Disinfect" means adequate antimicrobial treatment by a disinfectant capable of destroying pathogenic non-spore forming bacteria, viruses, fungi, parasites and protozoa on treated surfaces. "FDA" means the United States Food and Drug Administration. "Formal training" means a course of instruction approved by the Department, and conducted by a person possessing adequate knowledge, training, and curriculum and certification testing experience pertaining to the correct and safe operation of an ultraviolet radiation device. A formal training course must be at least 4 hours and conclude with an exam of the information presented in the course. Successful completion of such training is dependent on passage of such exam. A course may include classroom instruction, correspondence learning or online certification. "Operator" means a competent individual who is at least 18 years of age and who either owns a tanning facility or is designated by the owner of a facility to be responsible for operating the facility in compliance with this Article. "Patron" means a person 17 years of age or older who uses an ultraviolet radiation device at a tanning facility. "Permit" means a license issued to a tanning facility pursuant to this Article. "Protective eyewear" means equipment designed to be worn by users of an ultraviolet radiation device to reduce exposure of the eyes to radiation emitted by the product. The spectral transmittance of the eyewear must meet the performance requirements of 21 C.F.R. § 1040.20(c)(4)(ii) or any successor regulation. "Qualified health care professional" means a physician licensed by the State of New York to practice medicine, or a physician assistant or nurse practitioner licensed to practice in New York under the supervision of and/or in collaboration with a licensed physician. "Sanitize" means adequate antimicrobial treatment by a disinfectant determined to be capable of reducing the number of pathogenic spore forming bacteria on treated surfaces. Exposure to the ultraviolet radiation produced by the ultraviolet radiation device itself is not considered an adequate sanitizing agent. "State" means the New York State Department of Health. "Tanning facility" means any establishment located in New York City where one or more ultraviolet radiation devices are used, offered, or made available for use by any human being, whether or not a fee is charged directly or indirectly. "Timer" means any device incorporated into an ultraviolet radiation device that terminates radiation emission after a preset time interval. "Ultraviolet radiation device" or "tanning device" means any product which is designed to emit electromagnetic radiation in the wavelength interval of two hundred (200) nanometers to four hundred (400) nanometers in air, and which is intended to induce tanning of the human skin through irradiation, including, but not limited to, a sunlamp, tanning booth, or tanning bed. "Ultraviolet radiation measurement device" means any device the Department deems adequate to measure the physical characteristics of the emissions of an ultraviolet device. The device must conform to FDA-recommended standards and be calibrated according to National Institutes of Standards and Technology (NIST) recommendations. (Amended City Record 11/4/2022, eff. 12/4/2022)
