Section 25-F906. IMMINENT HEALTH HAZARD - CEASING OPERATIONS AND EMERGENCY REPORTING*

 

906.1The Department shall summarily suspend operations, or a licensee shall immediately discontinue operations and notify the Department, whenever a facility is operating with any of the following conditions:

 

(a)Operating with extensive fire damage that affects the tanning facility’s  ability to comply with these regulations;

 

(b)Operating with serious flood damage that affects the tanning facility’s  ability to comply with these regulations;

 

(c)Operating with loss of electrical power to critical systems, including but  not limited to lighting, heating, cooling, or ventilation controls for a period  of two (2) or more hours;

 

(d)Operating with incorrect hot water temperatures that cannot be corrected  during the course of the inspection in violation of Section 502.1;

 

(e)Operating with no hot water, or an unplanned water outage, or the water  supply is cut off in its entirety for a period of one (1) or more hours in  violation of Sections 412.2 and 502.1;

 

(f)Operating with inadequate water pressure to any part of the tanning  facility;

 

(g)Operating with insufficient water capacity to any part of the tanning  facility in violation of Section 412.1;

 

(h)Operating with a water supply that is not approved by the Department in  violation of Section 409;

 

(i)Operating with a plumbing system supplying potable water that may result  in contamination of the potable water; 

 

(j)Operating with a sewage backup or sewage that is not disposed of in an  approved and sanitary manner;

 

(k)Operating with a cross-connection between the potable water and non- potable water distribution systems, including but not limited to landscape  irrigation, air conditioning, heating, or fire suppression system;

 

(l)Operating with a back siphonage event;

 

(m)Operating with toilet or handwashing facilities that are not properly  installed;

 

(n)Operating with the presence of toxic or noxious gases, vapors, fumes,  mists or particulates in concentrations immediately dangerous to life or  health, or in concentrations sufficient to cause an environmental disease or  public nuisance;

 

(o)Operating with the presence of any unapproved pesticide residues in the  interior building areas of a tanning facility, in food storage or service areas  contained within the tanning facility, or in the presence of any food in the  facility; or in the presence of excessive restricted-use pesticide in any  outdoor area of a tanning facility; or any evidence of the indiscriminate  use of a pesticide or herbicide which may be injurious to the health of  humans;

 

(p)Operating with equipment that by condition, design, construction, or use  poses an immediate risk of entrapment, fall, puncture, pinch, crush, trip, or  other injuries;

 

(q)Operating with environmental surfaces, including but not limited to  tanning beds, stand-up tanning booths, cabinets, or vertical tanning  devices, supplies, pillows, linens, garments, other items within a tanning  facility that are stained with blood or bodily fluids, or soiled; or infested  with vermin; or are in an otherwise unsanitary condition;

 

(r)Operating with gross insanitary occurrence or condition that may endanger  public health including but not limited to an infestation of vermin; or

 

(s)Failing to eliminate the presence of insects, rodents, or other pests on the  premises in violation of Sections 612 or 613.

 

906.2In addition to the imminent health hazards identified in Section 906.1, the Department shall summarily suspend operations if it determines through an inspection, or examination of records or other means as specified in Section 903, the existence of any other condition which endangers the public health, safety, or welfare, including but not limited to:

 

(a)Operating a tanning facility without a license in violation of Section 800.1;

 

(b)Operating a tanning facility with an expired license in violation of Section  800.2;

 

(c)Operating a tanning facility with a suspended license in violation of  Section 800.2; 

 

(d)Operating a tanning facility without a valid Certificate of Occupancy in  violation of Section 800.3;

 

(e)Operating a tanning facility without required warning statements in  violation of Sections 804.4;

 

(f)Operating a tanning facility without a valid District-Issued Tanning  Facility Manager’s Identification Card in violation of Subsections 200.6  and 800.7;

 

(g)Operating a tanning facility without a manager or operator who is on duty  and on the premises during all hours of operation in violation of Section  200.2;

 

(h)Selling, leasing, transferring, loaning, assembling, certifying, recertifying,  upgrading, installing, servicing, or repairing tanning equipment or devices  without a valid tanning service provider registration in violation of Section  800.4;

 

(i)Using a tanning service provider company that is not registered in the  District in violation of Section 800.5;

 

(j)Failing to allow access to DOH representatives during the facility’s hours  of operation and other reasonable times as determined by the Department  in violation of Section 900.2;

 

(k)Hindering, obstructing, or in any way interfering with any inspector or  authorized Department personnel in the performance of his or her duty; or

  

(l)Operating in violation of any provision specified in Chapter 12.

 

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).