641—46.5(136D) Construction and operation of tanning facilities. The following are minimum standards for the construction, operation, and maintenance of tanning facilities:
	46.5(1) Warning signs. A tanning facility shall provide and post warning signs and statements as follows:
	a. 	The warning sign must use minimum 0.5-inch (12.7-millimeter) letters for the statement “DANGER, ULTRAVIOLET RADIATION” and 0.25-inch (6.4-millimeter) letters for other lettering; use red lettering against a white background; be at least 9.0 inches by 12.0 inches (22.9 centimeters × 30.5 centimeters); and have the following wording:
_______________________________________________________________________________
DANGER
ULTRAVIOLET RADIATION
— Overexposure can cause
	●	Eye and skin injury
	●	Allergic reaction
— Repeated exposure may cause
	●	Premature aging of the skin
	●	Skin cancer
— Failure to wear protective eyewear may result in
	●	Severe burns to eyes
	●	Long-term injury to eyes
— Medication or cosmetics may increase your sensitivity
_______________________________________________________________________________
	b. 	A warning sign as set forth in paragraph 46.5(1)“a” will be posted in a conspicuous location readily visible to consumers entering the facility and in a conspicuous location within one meter of the tanning device readily visible to a person preparing to use the device.
	c. 	A tanning facility shall require each consumer to read the information in Appendices 1, 2, and 3 prior to the consumer’s initial exposure and annually thereafter. The consumer must sign a statement that the information has been read and understood. The information in Appendices 1, 2, and 3 must also be posted in each tanning room.
	46.5(2) Federal certification. Only tanning devices manufactured and certified under the provisions of 21 CFR section 1040.20 may be used in tanning facilities. Compliance is based on the standard in effect at the time of manufacture as shown on the device identification label required by 21 CFR sections 1010.2 and 1010.3. Labeling shall be in accordance with 21 CFR section 1040.20(d).
	46.5(3) Tanning device timers. Each tanning device shall have a timer that complies with 21 CFR section 1040.20(c). Each tanning device must have a method of remote timing so consumers cannot control their own exposure time. Tokens for token timers shall not be issued to any consumer in quantities greater than the device manufacturer’s maximum recommended exposure time for the consumer.
	46.5(4) Temperature limits. The operator shall ensure that the facility’s interior temperature does not exceed 100 degrees F or 38 degrees C.
	46.5(5) Condition of tanning devices. The tanning devices shall be maintained in good repair and comply with all state and local electrical code requirements, and include physical barriers to protect consumers from injury induced by falling against or breaking the lamps.
	46.5(6) Stand-up booths. Additionally, stand-up booths shall be constructed:
	a. 	Utilizing physical barriers (e.g., handrails) or other means (floor markings) to indicate the proper exposure distance between ultraviolet lamps and the consumer’s skin.
	b. 	To withstand the stress of use and the impact of a falling person.
	c. 	Utilizing rigid construction, with doors that open outwardly, and with handrails and nonslip floors.
	46.5(7) Protective eyewear.
	a. 	Eyewear shall not be reused by another consumer.
	b. 	Protective eyewear shall meet the criteria of 21 CFR section 1040.20(c)(4).
	c. 	Protective eyewear shall not be altered in any manner that would change its use as intended by the manufacturer (e.g., removal of straps).
	d. 	A tanning facility operator shall verify that a consumer has protective eyewear in accordance with this subrule and not allow a consumer to use a tanning device if that consumer does not use the protective eyewear. The operator should:
	(1)	Ask to see the eyewear before the consumer enters the tanning room; or
	(2)	Provide disposable eyewear in the tanning room at all times and post a sign stating that the disposable eyewear is available and has to be worn.
	e. 	A tanning facility operator shall instruct the consumer in the proper utilization of the protective eyewear.
	46.5(8) Operation.
	a. 	A trained operator must be present when a tanning device is operated and within hearing distance to allow the consumer to easily summon help if necessary. If the operator is not in the immediate vicinity during use, the consumer must be able to summon help through use of an audible device such as an intercom or buzzer and the operator or emergency personnel must be able to reach the consumer within a reasonable amount of time after being summoned.
	b. 	The facility’s permit will be displayed pursuant to Iowa Code section 136D.6.
	c. 	A record of each consumer’s total number of tanning visits and tanning times, exposure lengths in minutes, times and dates of the exposure, and any injuries or illness resulting from the use of a tanning device must be maintained.
	d. 	Any tanning injury not requiring a physician’s care and any resulting changes in tanning sessions shall be noted in the consumer’s file. A written report of any tanning injury requiring a physician’s care shall be provided to the department within five working days of its occurrence or operator’s notice thereof. The report will include:
	(1)	The name of the affected individual;
	(2)	The name and location of the tanning facility involved;
	(3)	The nature of the injury;
	(4)	The name and address of the health care provider treating the affected individual, if any; and
	(5)	Any other information considered relevant to the situation.
	e. 	Defective or burned-out lamps or filters shall be replaced with a type intended for use in that device as specified on the product label on the tanning device or with lamps or filters that are “equivalent” under 21 CFR Section 1040.20, and policies applicable at the time of lamp manufacture.
	f. 	Ultraviolet lamps and bulbs that are not otherwise defective or damaged will be replaced at such frequency or after such duration of use as is recommended by the manufacturer.
	g. 	Contact surfaces of tanning devices shall be:
	(1)	Cleansed by the operator with a cleansing agent between each use;
	(2)	Covered by a nonreusable protective material during each use; or
	(3)	Cleansed by the consumer after use, provided the following conditions are met:
	1.	The operator instructs the consumer annually on how to properly cleanse the unit;
	2.	The consumer annually signs a statement that the consumer agrees to cleanse the unit after each use;
	3.	Signs are posted in each tanning room reminding the consumer to cleanse the tanning unit after each use and instructing the proper way to cleanse the unit; and
	4.	The operator cleanses the tanning unit at least once a day.
	h. 	Records or documentation required by this chapter must be maintained in the tanning facility for a minimum of two years. If maintained electronically, such records must be retrievable as a printed copy.
	i. 	The operator shall limit a consumer’s exposure to the maximum exposure frequency and session duration recommended by the manufacturer.
	j. 	When a tanning device is being used, no other person can be allowed in the tanning device area.
	k. 	“Unlimited” tanning packages cannot be advertised or promoted unless tanning frequency limits set by the manufacturer are included therein.
	46.5(9) Training of operators.
	a. 	All operators must satisfactorily complete a training program approved by the department prior to operating a tanning device that includes:
	(1)	Education on this chapter;
	(2)	Procedures for correct operation of the tanning facility and tanning devices;
	(3)	The determination of skin type of consumers and appropriate duration of exposure to tanning devices;
	(4)	Recognition of reaction or overexposure;
	(5)	Manufacturer’s procedures for operation and maintenance of tanning devices; and
	(6)	Competency testing.
	b. 	Owners and managers must complete formal training approved by the department. All owners and managers must satisfactorily pass a certification examination approved by the department before operating a tanning facility or training employees.
	c. 	Owners and managers are responsible to train operators in the above topics and to provide review as necessary. Operators will be questioned during inspections as to the level of their understanding and competency in operating the tanning device.
	d. 	Proof of training for owner/managers and employees must be maintained in the tanning facility and available for inspection. The employee record should be the original test signed by the employee, the date, and a statement signifying that all answers have been completed by the employee and without prior knowledge of the scoring key.
	e. 	Operators shall be at least 16 years of age.
	f. 	Training and testing will be completed every five years.
	46.5(10) Promotional materials. A tanning facility shall not claim, or distribute materials claiming, that tanning devices are safe, that tanning devices are free from risk, or that use of the device will result in medical or health benefits. The only claim that may be made is that the device is for cosmetic use only.
	46.5(11) Electronically controlled facilities. Electronically controlled facilities are facilities that rely on electronic means to monitor consumers.
	a. 	Entry into the facility is allowed by card only. Only one individual may enter under each card. The card is specifically activated for tanning use if the facility offers other activities and tanning will not activate if the card is not programmed for tanning. The card will not activate if two individuals are in the tanning room.
	b. 	Police and all emergency services will have access to the facility through a key box located outside the entrance of the facility.
	c. 	The consumer must sign a tanning agreement stating the number of minutes per session, that the consumer agrees to wear protective eyewear, that the consumer will cleanse the unit after tanning, and that the consumer is aware of the emergency access in each room.
	d. 	The card will be programmed for the number of minutes the consumer is allowed to tan and may be reprogrammed for an increase in minutes per session only after the consumer has reviewed and re-signed the tanning agreement. The card will be deactivated after 30 consecutive days without consumer access such that the consumer will then reapply to access the tanning unit.
	e. 	The operator will demonstrate to each consumer how to properly cleanse the unit after tanning, including the top, bottom, and handles. A sign will be placed in each room explaining the cleansing process. The operator will cleanse the units at least once per day when they are in use.
	f. 	Free disposable eyewear will be placed in each room along with a sign stating that the disposable eyewear is available and must be worn.
	g. 	An emergency call button or device that calls the operator or emergency personnel will be placed in each tanning room conveniently located within reach of the tanning bed.
	h. 	During annual inspections, the inspector may ask any consumer about any of the above processes.
[ARC 7834C, IAB 4/17/24, effective 5/22/24]