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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 25. FOOD OPERATIONS AND COMMUNITY HYGIENE FACILITIES |
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SubTilte 25-F. TANNING FACILITY REGULATIONS |
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Chapter 25-F99. DEFINITIONS |
Section 25-F9901. DEFINITIONS
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9901.1As used in this chapter, the following terms and phrases shall have the meanings ascribed:
Condemnation order – a written administrative notice: (1) to prohibit the use of a specific tanning equipment or device, or (2) to remove a tanning equipment or device from service because the tanning equipment or device does not meet the requirements of these regulations, or the tanning equipment or device is not being operated in accordance with the requirements of these regulations.
Consent – signature on a form acknowledging warnings given by the tanning facility for a minor’s use of ultraviolet tanning equipment or devices and agreeing to the use of required protective eyewear.
Consumer – any member of the public who is provided access to a tanning device in exchange for a fee or other compensation, or any individual who, in exchange for a fee or other compensation, is afforded use of a tanning device as a condition or benefit of membership or access.
Critical item – a provision of these regulations that if in noncompliance, is more likely than other violations to contribute to food contamination, illness, or an environmental health hazard. Critical items are denoted in these regulations with an asterisk ().
Critical violation – a condition or practice that violates this Code and results in the production of a product that is adulterated, decomposed, misbranded, or unwholesome; or presents a threat to the health or safety of the consumer.
Department – The District of Columbia Department of Health.
EPA – the United States Environmental Protection Agency.
FDA – the United States Food and Drug Administration.
Guardian – an individual who, by legal appointment or by the effect of a written law, has been given custody of a minor or adult.
Imminent health hazard – a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operations to prevent injury based on the number of potential injuries, and the nature, severity, and duration of the anticipated injury.
Individual – any human being.
Injury – bodily harm resulting from the use of a tanning device which requires medical attention.
Inspection – an official examination or observation, including but not limited to tests, surveys, and monitoring, to determine compliance with rules, regulations, Department orders, requirements, and conditions.
Licensee – the holder of a license to operate a tanning facility.
Minor – any individual less than eighteen (18) years of age.
Nuisance – anything which is injurious to health or offensive to the senses, so as to interfere with the comfort or endanger the health or safety of the public.
Operator – any individual designated by the licensee to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment.
Other compensation – the payment or exchange of goods, services, or anything of value for use of the tanning device or devices.
Override timer control – a separate electrical timer, switch, or similar device which may be used by the operator to start or stop the timer system for a tanning device. The term does not include electric panels which control the entire electrical system for a building or a portion of a building.
Outbreak – the occurrence of cases of a communicable disease in a community, geographic region, or particular population at a rate in excess of that which is normally expected in that community, geographic region, or particular population.
Pathogenic – the ability to produce disease.
Person – an association, a corporation, individual, partnership, trustee, government or governmental subdivision, or other legal entity.
Protective eyewear – suitable eyewear that protects the eye from ultraviolet radiation and allows adequate vision.
Phototherapy device – equipment that emits ultraviolet radiation and is used by health care professionals in the treatment of disease.
Personal hygiene items – articles such as bars of soap, bath gel, bubble bath, shampoo, conditioner, lotion, mouthwash, toothbrushes, toothpaste, cotton swabs, cotton balls, razors, shaving cream, emery boards, combs, brushes, tweezers, feminine hygiene products, powder, etc. which are used for personal cleanliness or grooming.
Public area – any area open to public view, whether indoors or outdoors to which the public has approved access, excluding individual tanning rooms, locker rooms, bathrooms, or restrooms at a tanning facility.
Safe level – not more than fifty (50) colonies of microorganisms per four square inches (4 sq. in.) of equipment surface.
Sanitization – the effective bactericidal treatment of surfaces of equipment and devices by an EPA or FDA registered product which provides a sufficient concentration of chemicals, allowing enough time to reduce the bacterial count, including pathogens, to a safe level. Chemical germicides that are registered with the EPA as hospital disinfectants, when used at recommended dilutions and directions, may be approved for sanitizing tanning devices.
Sunlamp product – any equipment used for the tanning of the skin that emits electromagnetic radiation with wavelengths in the air between two hundred nanometers (200 nm) and four hundred nanometers (400 nm), including but not limited to a sunlamp, ultraviolet lamp, tanning booth, facial unit, UVA wand, or tanning bed.
Tanning equipment or device – any equipment used during the process of skin tanning with a sunlamp product, such as any sunlamp product intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation and any accompanying equipment, including but not limited to ballasts, starters, lamps, reflectors, acrylic shields, timers, and airflow cooling systems, comfort pillows and handrails.
Tanning facility – any location, place, area, structure, or business that either as a sole service or as part of a salon, health spa or any other facility provides access to sunlamps, ultraviolet lamps, or other equipment intended to induce skin tanning through the irradiation of any part of the human body for cosmetic or non-medical purposes. The term “tanning facility” does not include private residences if access to tanning devices is provided without charge.
Tanning Service Provider – any person or persons with a valid registration issued by the Mayor providing tanning equipment installation, servicing, or services, including but not limited to:
Any person or persons who:
(a)Makes, sells, leases, transfers, lends, assembles, repairs, or installs tanning equipment or the components used in connection with such equipment;
(b)Performs health physics consulting, such as calibration of equipment used to perform surveys of ultraviolet radiation and timer accuracy measurements, performs ultraviolet radiation output and timer accuracy measurements, or designs ultraviolet radiation safety programs or procedures;
(c)Performs preventive maintenance or cleaning services, such as the cleaning of fans, acrylic, lamps, reflectors, and other components; or
(d)Conducts training seminars for tanning facility personnel.
Timer – tanning device provided to terminate the exposure at a preset time interval.
Ultraviolet radiation – electromagnetic radiation with wavelengths in air between two hundred nanometers (200 nm) and four hundred nanometers (400 nm).
Unlimited – any number of visits implied or allowed in excess of the number of visits per week allowed by the tanning equipment manufacturer’s recommended exposure schedule.