§ 177.15 Facilities and Equipment.
RCNY § 177.15
Each tanning facility must meet the following minimum requirements: (a) Required Signs and Labels.
(1)Warning Signs. For each ultraviolet radiation device in the facility, there must be a warning sign posted in the immediate vicinity of the device. The Department will provide the warning signs to the operator. Warning signs must be: within three feet of the device, at eye level, readily legible, clearly visible, and not obstructed by any barrier, equipment, or other item present so that the patron can easily view the warning sign before energizing the ultraviolet radiation device.
(2)Ultraviolet Radiation Device Label. Each ultraviolet radiation device must have a permanent label affixed or inscribed on the exterior of the device, as required by the FDA. The device label must be clearly legible and may not be obscured, altered or tampered with.
(b)Instruction Manual. For each ultraviolet device in use in the tanning facility, a current manufacturer's operating instruction manual must be maintained onsite by the operator. The operating instruction manual must meet the applicable FDA requirements of 21 C.F.R. § 1040.20(e) or any successor regulation.
(c)All ultraviolet radiation devices must be adequately maintained and operated to meet the manufacturer's recommendations, and to meet the following minimum requirements: (1) Label. Each ultraviolet radiation device must be adequately labeled as specified under paragraph (2) of subdivision (a) of this section.
(ii)No timer interval may have an error greater than ± 10% of the maximum timer interval for the product.
(iii)The timer may not automatically reset and cause radiation emission to resume for a period greater than the unused portion of the timer cycle when emission from the ultraviolet lamp has been interrupted.
(iv)Only the operator or a designated employee is allowed to set the device timer.
(v)Facilities must have remote timer controls or a lock out device prior to the operation of ultraviolet radiation devices.
(3)Each ultraviolet radiation device must allow the patron using such device to manually terminate ultraviolet radiation emission at any time by using a termination switch and without disconnecting the electrical plug, removing the ultraviolet lamp or leaving the immediate environs of the ultraviolet radiation device.
(4)All ultraviolet radiation devices must be free of electrical hazards.
(5)All ultraviolet lamps must be shielded according to the manufacturer's specifications to protect patrons from injury caused by touching or breaking lamps.
(6)For stand-up booths: (i) There must be physical barriers or other means, such as handrails or floor markings, to indicate the recommended exposure distance between ultraviolet lamps and the patron's skin.
(7)The temperature within the ultraviolet device must remain below 100 degrees Fahrenheit during the operation of the device.
(8)Defective or burned out ultraviolet lamps or filters must be replaced with a type compatible for use in that device, as specified on the product label on the ultraviolet radiation device or as recommended by the manufacturer's original specifications. Replacement lamps or filters must be "compatible" as provided in 21 C.F.R. § 1040.20(e) or any successor regulation. Replacement of lamps and compatibility documentation must be recorded as a part of the maintenance log specified in 24 RCNY Health Code § 177.17.
(9)Equipment must be regularly maintained according to the manufacturer's recommendations.
(10)All ultraviolet radiation devices must meet the irradiance limitations set forth by the FDA performance requirements provided in 21 C.F.R. § 1040.20(c)(1) or any successor regulation. All ultraviolet radiation devices may not transmit measurable radiation in wavelengths less than 200 nanometers.
(11)All ultraviolet radiation devices must be maintained and operated so that the manufacturer's recommended maximum exposure time does not result in an exposure which exceeds the limits of Minimal Erythema Dose (MED) or Minimal Melanogenic Does (MMD) as set forth by the FDA and as measured by the Department with an approved measuring device and calculated according to the current FDA procedure (Food and Drug Administration Policy on Maximum Timer Interval and Exposure Schedule for Sunlamp Products, 8/21/86) or its successor.
(d)Protective eyewear.
(e)Sanitation. The operator must maintain all facilities in a sanitary condition. The facilities must meet the following minimum requirements: (1) Ultraviolet radiation devices and protective eyewear must be cleaned and then sanitized after each use, according to the following minimum provisions: (i) The ultraviolet radiation device A. A clean paper or cloth towel must be used each time the tanning device is cleaned and sanitized; and B. The disinfectant must be one specifically manufactured for sanitizing ultraviolet light-emitting equipment and must be prepared and used according to manufacturer's specifications.
