§ 177.11 Operator Responsibilities.
RCNY § 177.11
(a)An operator must be present at a tanning facility whenever any ultraviolet radiation device is available for use by a patron. The operator and all employees who are authorized to operate ultraviolet radiation devices must have successfully completed formal training before operating any ultraviolet radiation device.
(b)The operator must limit patrons' exposure time as recommended by the tanning device manufacturer on the label for such device and in the operating instruction manual such that a patron may not exceed the maximum exposure time within any 24-hour period.
(c)The operator must perform annual tests on all tanning device timers to ensure that the requirements of 24 RCNY Health Code § 177.15(c)(2)(i) through (v) are met. Timer tests must be documented and recorded as required by 24 RCNY Health Code § 177.17.
(d)The operator must inform each patron of the location of the tanning device termination switch.
(e)The operator must ensure that each patron using an ultraviolet radiation device possesses adequate protective eyewear; such protective eyewear must comply with 21 C.F.R. § 1040.20(c)(4) or any successor regulation.
(f)Each tanning facility must maintain and make available to the Department upon request a list of its operators and, for each operator, a certificate of formal training showing that the operator was trained in accordance with this section.
(1)The Department will approve formal training courses that can issue certificates of formal training for operators. The Department will maintain a list of approved operator training courses on its website.
(g)If the operator maintains any web page that lists, advertises or otherwise displays the indoor tanning services available at a tanning facility, or any web page through which a prospective patron may reserve an indoor tanning service at a tanning facility, such web page must contain the following disclaimer message, which must be clearly displayed in minimum 10-size font of contrasting color: UV radiation from indoor tanning devices can cause: • Skin Cancer, including melanoma, the type of skin cancer responsible for the most deaths • Eye burns that can cause intense pain and negatively affect vision • Sunburn (discomfort, pain and tenderness on the skin) • Early skin aging, such as wrinkles and age spots (Amended City Record 11/4/2022, eff. 12/4/2022)
