Section 25-F102. COMPLIANCE WITH FEDERAL AND DISTRICT LAWS


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    102.1The Department shall use these regulations to promote the safeguarding of public health and ensure tanning facilities are safe and in compliance with Federal and District laws and regulations. The most current versions of the following District and Federal regulations are hereby incorporated by reference:

     

    (a)The District of Columbia’s Construction Codes of 2008, consisting of the following International Code Council (ICC):

     

    (1)International Building Code (2006 edition);

     

    (2)International Mechanical Code (2006 edition);

     

    (3)International Plumbing Code (2006 edition);

     

    (4)International Fire Code (2006 edition);

     

    (5)International Existing Building Code (2006 edition); and

     

    (6)The NFPA National Electrical Code (2005 edition);

     

    (b)Title 12 (Construction Codes) of the District of Columbia Municipal  Regulations;

     

    (c)21 C.F.R. § 1040.20 (Sunlamp products and ultraviolet lamps intended for  use in sunlamp products);

     

    (d)21 C.F.R. § 1010.3 (Performance Standards for Electronic Products:  General, Identification); and

     

    (e)29 C.F.R. § 1910.1030 – Part 1910 (Occupational Safety and Health  Standard, Subpart Z – Toxic and Hazardous Substances).

     

    102.2In enforcing the provisions of these regulations, the Department shall assess a tanning facility’s physical structure, operating systems, and design; and operation and maintenance of facilities’ tanning equipment and devices, furnishings, and other fixtures in use before the effective date of these regulations based on the following considerations:

     

    (a)Whether the facility’s physical structure; operating systems, and design;  and the facility’s tanning equipment and devices, furnishings, and other  fixtures are safe to operate, in good repair, and capable of being  maintained in a sanitary condition; and

     

    (b)The existence of a documented agreement with the licensee that the  facility’s operating systems, or tanning equipment and devices,  furnishings, and other fixtures will be replaced by an agreed upon date. 

     

authority

Section 4902 of the Department of Health Functions Clarification Act of 2001 (Act), effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731(a)(8) (2008 Repl. & 2012 Supp.)) and Mayor’s Order 2007-63, dated March 8, 2007.

source

Final Rulemaking published at 60 DCR 3582 (March 15, 2013).