4659315 The proposed rules will allow the District of Columbia to comply with new federal standards that protect the health and safety of individuals, especially minors, who use tanning equipment and devices.
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DEPARTMENT OF HEALTH
NOTICE OF PROPOSED RULEMAKING
The Director of the Department of Health, pursuant to the authority set forth in section 4902 of the Department of Health Functions Clarification Act of 2001 (Act), effective October 3, 2001, as amended (D.C. Law 14-28; D.C. Official Code § 7-731(a)(2008 Repl.)), hereby gives notice of the intent to adopt a new subtitle F entitled “Tanning Facility Regulations”, within title 25 of the District of Columbia Municipal Regulations.
The proposed rules will allow the District of Columbia to comply with new federal standards that protect the health and safety of individuals, especially minors, who use tanning equipment and devices. The Director also gives notice of the intent to take final rulemaking action to adopt the proposed rules in not less than thirty (30) days from the date of publication of this notice in the D.C. Register. The proposed rules shall not become effective until a Notice of Final Rulemaking is published in the D.C. Register.
Title 25, subtitle F of the DCMR is added to read as follows:
SUBTITLE F TANNING FACILITY REGULATIONS
100 Title ─ Tanning Facility Regulations
101 Intent ─ Safety
102 Compliance with Federal and District Laws
200 Licensees Responsibilities ─ Operators’ Qualifications, Basic Knowledge, Assignment & Posting*
201 Licensees Responsibilities ─ Safety Requirements and Tanning Procedures & Temperature*
300 Policy & Procedures ─ Age Restrictions and Prohibitions, Parental/Legal Guardian
Authorization and Posting*
301 Policy & Procedures ─ Age Restriction Sign and Posting*
302 Policy & Procedures ─ Warning Statement, Content and Posting*
303 Operating Procedures ─ Recordkeeping Manual, Content*
304 Operating Procedures ─ Recordkeeping, Purchase, Maintenance, and Users’
Instructions
305 Operating Procedures ─ Recordkeeping, Retention
306 Operating Procedures ─ Recordkeeping, Reports of Injuries
400 Disease or Medical Condition ─ Responsibility of Tanning Operators and Ancillary Employees to Report Symptoms and Diagnosis*
401 Disease or Medical Condition ─ Responsibility of Licensee to Prohibit an Employee with a Specific Illness from being Employed as an Tanning Operator or Ancillary Employee*
402 Disease or Medical Condition ─ Responsibility of Licensee to Exclude or Restrict Ill Tanning Operators or Ancillary Employees*
403 Disease or Medical Condition ─ Responsibility of Tanning Operator and
Ancillary Employee to Comply with Exclusions or Restrictions*
404 Disease or Medical Condition ─ Conditions Requiring Exclusion of Ill Tanning
Operators or Ancillary Employees*
405 Disease or Medical Condition ─ Conditions Requiring Restriction of Ill Tanning
Operators or Ancillary Employees*
406 Disease or Medical Condition ─ Responsibility of Licensee to Remove, Adjust, or
Retain Exclusions and Restrictions of Ill Tanning Operators or Ancillary Employees*
500 Design & Construction ─ Tanning Equipment and Devices*
501 Design & Construction ─ Tanning Equipment and Devices, Protective Eyewear
502 Design & Construction ─ Tanning Equipment and Devices, Timer
503 Design & Construction ─ Tanning Stand-up Booths, Cabinets and Vertical
Tanning Devices – Additional Requirements and Temperatures*
504 Design & Construction – Tanning Equipment and Devices, Supplies,
Installation and Use*
505 Design & Construction ─ Tanning Equipment Devices, Supplies, and
Bulbs, Shielded*
506 Design & Construction ─ Tanning Equipment and Devices, and Supplies,
Replacement, Ultraviolet Lamps, Bulbs or Filters, Compatibility*
507 Maintenance ─ Tanning Equipment, Timer, Good Repair and Accurate
Calibration*
508 Cleaning & Sanitizing ─ Equipment and Devices, Tables, and Chairs
509 Sanitation ─ Linens & Furnishings
510 Sanitation ─ Tanning Facility-Supplied Linens and Garments
511 Sanitation ─ Tanning Facility, On-Site Laundry Facilities
512 Sanitation ─ Third-Party Linen Provider
513 Sanitation ─ Furnishings, Prohibition
514 Preventing Contamination from Customer – Supplies, Personal Hygiene
Products
600 Source ─ Approved System*
601 Source ─ System Flushing and Disinfection*
602 Source ─ Bottled Drinking Water*
603 Quality ─ Standards*
604 Quality ─ NonDrinking Water*
605 Distribution, Delivery, and Retention ─ System
606 Distribution, Delivery, and Retention ─ Alternative Water Supply
607 Quantity and Availability ─ Capacity
700 Materials ─ Approved Materials, Use*
701 Design, Construction, and Installation ─ Approved System and Cleanable
Fixtures*
702 Design, Construction and Installation ─ Service Sinks
703 Design, Construction, and Installation ─ Handwashing Sinks, Water
Temperature, and Flow
704 Handwashing Sinks ─ Use, Number, and Location
705 Handwashing Sinks ─ Handwashing Cleanser, Availability, Hand Drying
Provision, and Handwashing Signage
706 Handwashing Sinks ─ Disposable Towels, Waste Receptacle
707 Service Sinks ─ Numbers and Capacities
708 Design, Construction and Installation – Toilets and Urinals, Enclosed
709 Toilets and Urinals ─ Number, Capacity, Convenience and Accessibility, Prohibition*
710 Toilets and Urinals ─ Toilet Tissue, Receptacle Covered and Available
711 Design, Construction, and Installation ─ Backflow Prevention, Air Gap*
712 Design, Construction, and Installation ─ Backflow Prevention Device, Design
Standard
713 Design, Construction, and Installation ─ Conditioning Device, Design
714 Numbers and Capacities ─ Backflow Prevention Device, When Required*
715 Numbers and Capacities ─ Backflow Prevention Device, Carbonator*
716 Location and Placement ─ Backflow Prevention Device
717 Location and Placement ─ Conditioning Device
718 Operation and Maintenance – Scheduling Inspection and Service for a Water System Device
719 Operation and Maintenance ─ Scheduling Inspection and Service for a Water
System Device
720 Operation and Maintenance ─ System Maintained in Good Repair*
721 Sewage and Rainwater Disposal ─ Approved System*
722 Sewage and Rainwater Disposal ─ Other Liquid Wastes and Rainwater
723 Sewage and Rainwater Disposal ─ Conveying Sewage*
800 Design & Construction ─ Building Materials and Workmanship
801 Design & Installation ─ Lighting and Electronic Devices*
802 Design & Installation ─ Smoke Alarms
803 Design & Installation ─ Heating and Ventilation Systems*
804 Construction & Installation ─ Floors, Walls, Ceilings, and Utility Lines
805 Construction & Installation ─ Floors, Walls, Ceilings and Cabinets
806 Cleanability ─ Floors, Walls, and Ceilings
807 Cleanability ─ Floors, Walls, Ceilings, and Utility Lines
808 Cleanability ─ Floor and Wall Junctures, Coved, and Enclosed or Sealed
809 Cleanability ─ Floor Carpeting, Restrictions and Installation
810 Cleanability ─ Floor Covering, Mats and Duckboards
811 Cleanability ─ Wall and Ceiling Coverings and Coatings
812 Cleanability and Exposure ─ Walls and Ceilings, Attachments, Studs, Joints,
and Rafters
813 Physical Facilities ─ Maintenance, Floors, and Public Areas
814 Physical Facilities ─ Maintenance, Cleaning of Tanning Rooms
815 Physical Facilities ─ Cleanability & Sanitization, Towels, Articles or
Equipments
816 Physical Facilities ─ Cleanability, Sanitization and Maintenance of Plumbing
Fixtures, Dressing Rooms, and Locker Rooms
817 Physical Facilities ─ Storing Maintenance Tools
818 Physical Facilities ─ Employee Accommodations, Designated Areas
819 Physical Facilities ─ Maintaining Premises, Unnecessary Items and Litter
820 Physical Facilities ─ Controlling Pests*
821 Physical Facilities ─ Removing Dead or Trapped Birds, Insects, Rodents, and
Other Pests
822 Physical Facilities ─ Prohibiting Animals*
900 Refuse Facilities on Premises ─ Indoor Storage Area
901 Refuse Facilities on Premises ─ Outdoor Receptacles, Enclosures, and Storage
Surface
902 Numbers, Capacities and Location ─ Indoor Storage Areas and Covered
Receptacles
903 Operation and Maintenance ─ Receptacles, Good Repair, and Outside Storage
Prohibitions
904 Operation and Maintenance ─ Storage Areas, Enclosures, Location and Cleaning
905 Removal ─ Receptacles or Vehicles, and Frequency
1000 Original Containers ─ Identifying Information, Prominence*
1001 Working Containers ─ Common Name*
1002 Storage ─ Separation*
1003 Presence and Use ─ Restriction*
1004 Presence and Use ─ Conditions of Use*
1005 Container Prohibitions ─ Poisonous or Toxic Material Containers*
1006 Chemicals ─ Cleaning Compounds, Sanitizers*
1007 Chemicals ─ Cleaning Compounds, Sanitizers*
1008 Pesticides ─ Restricted Use Pesticides, Criteria*
1009 Pesticides ─ Rodent Bait Stations*
1010 Pesticides ─ Tracking Powders, Pest Control and Monitoring*
1011 First Aid Supplies ─ Storage*
1012 Other Personal Care Items ─ Storage
1100 License Requirements ─ Prerequisites for Operating, Vending, Managing, or
Training*
1101 Application Procedure ─ Period for Submission
1102 Application Procedure ─ Form of Submission, Processing
1103 Application Procedure ─ Contents of the Application Packet
1104 Denial of Application for License ─ Notice
1105 Issuance of License ─ Notice of Opening, Discontinuance of Operation, and Posting
1106 Issuance of License ─ New, Converted or Remodeled, Existing Operations and
Change Ownership or Location
1107 Issuance of License ─ Required Plan Reviews and Approvals
1108 Issuance of License ─ Required Inspections, Preoperational, Conversions and
Renovation*
1109 Conditions of License Retention ─ Responsibilities of the Licensee
1201 Report of Findings ─ Documenting Information and Observations
1202 Report of Findings ─ Specifying Time Frame for Corrections
1203 Reports of Findings ─ Issuing Report and Obtaining Acknowledgement of Receipt
1204 Report of Findings ─ Refusal to Sign Acknowledgement
1205 Report of Findings ─ Public Information, Records Retention
1206 Imminent Health Hazard ─ Ceasing Operations and Emergency Reporting*
1207 Imminent Health Hazard ─ Resumption of Operations
1208 Critical Violations ─ Time Frame for Correction *
1209 Critical Violation ─ Verification and Documentation of Correction
1210 NonCritical Violations ─ Time Frame for Correction
1211 Request for Reinspection
1300 Preventing Health Hazards ─ Provision for Conditions Not Addressed
1301 Investigation and Control ─ Obtaining Information, Illnesses, Exclusions, Referral
1302 Investigation and Control ─ Restriction or Exclusion of Licensee, Manager,
Employee or Summary Suspension of License
1303 Investigation and Control ─ Restriction or Exclusion Order
1304 Investigation and Control ─ Removal of Exclusions and Restrictions
1400 Service of Notice ─ Proper Methods
1401 Service of Notice ─ Restriction of Exclusion, Condemnation, or Summary Suspension Orders
1402 Service of Notice ─ When Notice is Effective
1403 Service of Notice ─ Proof of Proper Service
1500 Criteria for Seeking Remedies ─ Conditions Warranting Remedy
1501 Administrative ─ Examining, Sampling, and Testing of Equipment, Furniture, Devices, Fixtures, Linens, and Furnishings
1502 Administrative ─ Condemnation Order, Justifying Conditions and Removal of Equipment or Device
1503 Administrative ─ Condemnation Order, Contents
1504 Administrative ─ Condemnation Order, Official Tagging or Marking of
Equipment or Device
1505 Administrative ─ Condemnation Order, Equipment, Device and Furnishing
Restrictions
1506 Administrative ─ Condemnation Order, Removing the Official Tag or Marking
1507 Administrative ─ Condemnation Order, Warning or Hearing Not Required
1508 Administrative ─ Summary Suspension of License, Conditions Warranting Action
1509 Administrative ─ Contents of Summary Suspension Notice
1510 Administrative ─ Summary Suspension, Warning or Hearing Not Required
1511 Administrative ─ Summary Suspension, Time Frame for Reinspection
1512 Administrative ─ Summary Suspension, Term of Suspension, Reinstatement
1513 Administrative ─ Revocation or Suspension of License
1514 Administrative ─ Civil Penalties
1515 Administrative ─ Civil Penalties, Notices of Violation or Infractions
1516 Judicial ─ Criminal Penalties, Injunctive Relief, or Imprisonment
1600 Prohibited Conduct ─ Advertisement, Posting
1601 Prohibited Activities*
1700 Administrative ─ Notice, Request for Hearings, Basis and Time Frame
1701 Administrative ─ Hearings Administration – Contents of Response to Hearing Notice,
or Hearing Request
1702 Administrative ─ Hearings Administration, Timeliness
1800 Judicial Review ─ Appeals
9900 General Provisions
9901 Definitions
CHAPTER 1 TITLE, INTENT, SCOPE
100 TITLE ─ TANNING FACILITY REGULATIONS
100.1 These provisions shall be known as the Tanning Facility Regulations hereinafter referred to as “these regulations.”
101 INTENT ─ SAFETY
101.1 The purpose of these regulations is to protect the public health and safety by preventing and controlling the spread of communicable diseases; protecting the environment by promoting and regulating the safety and sanitary conditions of tanning facilities; and ensuring the safety and proper installation and servicing of equipment which uses ultraviolet radiation to artificially tan human skin.
101.2 These regulations establish:
(a) Definitions;
(b) Minimize the risks associated with tanning using ultraviolet radiation by prescribing minimum standards for the design, construction, operation, and maintenance of tanning facilities;
(c) Set standards for maintenance and replacement of equipment;
(d) Set standards for personnel, and sanitary operations;
(e) Establish recordkeeping and reporting requirements;
(f) Establish prohibited conduct within tanning facilities;
(g) Provide for the issuance of licenses and requirements for the submission of U.S. Food and Drug Administration (FDA) equipment registrations;
(h) Establish tanning facility licensing fees; and
(i) Provide for enforcement through inspections, suspension and revocation of licenses, and the issuance of fines and penalties.
101.3 These regulations do not apply to medical facilities’ phototherapy devices that are used by or under the supervision of licensed physicians or health care professionals who are trained in the use of such phototherapy devices in which patients are intentionally exposed to ultraviolet radiation for the treatment of diseases.
101.4 Certain provisions of these regulations are identified as critical. Critical provisions are those provisions where noncompliance may result in injuries, spread of communicable diseases, or environmental health hazards. A critical item is denoted with an asterisk (*).
101.5 Certain provisions of these regulations are identified as noncritical. Noncritical provisions are those provisions where noncompliance is less likely to spread communicable diseases or create environmental health hazards. A part that is denoted in these regulations without an asterisk (*) after the head note, is a noncritical item. However, a critical item may have a provision within it that is designated as a noncritical item with a superscripted letter “N” following the provision.
102 COMPLIANCE WITH FEDERAL AND DISTRICT LAWS
102.1 The 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).
102.2 In 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.
CHAPTER 2 SUPERVISION AND TRAINING
200 LICENSEES RESPONSIBILITIES ─ OPERATORS’ QUALIFICATIONS, BASIC KNOWLEDGE, ASSIGNMENT & POSTING*
200.1 The licensee shall ensure that tanning facility managers and operators meet the training requirements in this chapter and in the federal regulations identified in this chapter.
200.2 The licensee shall ensure that managers and operators are trained as specified in subsection 200.1 and trained operators are present at the tanning facility during all hours of operations.
200.3 The licensee shall ensure that new employees hired to work as operators work under the direct supervision of a trained operator until the new employee is trained as specified in subsection 200.1.
200.4 The licensee shall ensure managers and operators are knowledgeable in the operation of all tanning equipment and devices on the premises, and in the following areas:
(a) Requirements in this section and FDA requirements stated in 21 C.F.R. § 1040.20 (Sunlamp products and ultraviolet lamps intended for use in sunlamp products);
(b) Proper use of U.S.F.D.A. Recommended Exposure Schedule;
(c) Recognition of injuries and the facility’s procedures for handling such injuries from overexposure to ultraviolet radiation;
(d) Proper procedures for sanitizing protective eyewear and tanning equipment;
(e) Proper procedures for the use of and the instruction in use of protective eyewear;
(f) Recognition of injury or overexposure to ultraviolet radiation;
(g) The tanning equipment manufacturer’s procedures for operation and maintenance of the tanning equipment or devices;
(h) Emergency procedures to be followed in case of an actual or alleged ultraviolet radiation injury;
(i) Biological effects of ultraviolet radiation, including the potential acute and long term health effects of ultraviolet radiation;
(j) Knowledge of potential photosensitizing agents, to include food, cosmetics and medications, and the possibility of photosensitivity and photoallergic reactions;
(k) The classification and determination of skin type of consumers, using the Fitzpatrick Scale.
(l) The human skin and the tanning process;
(m) Recordkeeping requirements as specified in sections 303, 304, 305, and 306;
(n) Determination of lamp equivalency;
(o) The types and wavelengths of ultraviolet light;
(p) General information and features of all types of commercial tanning equipment and devices; and
(q) The public health reasons for avoiding overexposure and the dangers of overexposure.
200.5 Documentation that managers and operators are trained as required in subsection 200.1 shall be conspicuously posted in the tanning facility next to the tanning facility District-issued license. This documentation shall be removed when an individual is no longer employed on-site by the facility.
200.6 The licensee shall ensure managers obtain a required Department of Health (DOH)-Issued Tanning Facility Manager’s Identification Card which shall be renewed every two (2) years.
201 LICENSEES’ RESPONSIBILITIES ─ SAFETY REQUIREMENTS AND TANNING PROCEDURES & TEMPERTURE*
201.1 The licensee shall ensure managers and operators are knowledgeable in the correct use of all tanning devices on the premises so that they are able to inform and assist each customer in the proper use of the tanning devices, and shall be present in the tanning facility during all hours of operation.
201.2 The licensee shall ensure that at least one (1) manager and one (1) operator are on-site at all times when the tanning facility is in operation.
201.3 Only one (1) customer may be in a tanning room at a time, with the following exceptions:
(a) If two (2) or more sunlamp products are used in the same room, in which case only those customers using the sunlamp products may be present in the room; and
(b) If a customer using a sunlamp product needs aid or assistance from another person, in which case that individual shall also be provided with, and wear, protective eyewear.
201.4 The licensee shall ensure the tanning facility is maintained in a safe and sanitary manner.
201.5 The licensee shall ensure the interior temperature of the tanning facility is controlled so that it does not exceed one hundred degrees Fahrenheit (100° F) or (thirty-eight degrees Celsius (38° C)) at any time.
201.6 The licensee shall ensure tanning equipment and devices are maintained in good condition and are sanitized after each use.
201.7 The licensee shall ensure all protective eyewear is in optimal condition and is being used by the customer in accordance with its design.
201.8 The licensee shall ensure customers are using protective eyewear and that no customer is allowed to use ultraviolet tanning equipment or devices without the required protective eyewear.
201.9 The licensee shall ensure each customer uses tanning equipment or devices with properly sanitized eyewear that protects the eyes from ultraviolet radiation and allows adequate vision to maintain balance.
201.10 The licensee shall ensure each customer receives instructions on how to use suitable physical aids, such as handrails and markings on the floor to maintain proper exposure distance as recommended by the manufacturer of the tanning equipment or devices.
201.11 The licensee shall ensure timers on ultraviolet tanning equipment or devices are accurate within plus or minus ten percent (± 10 %) of any selected time interval. The timer shall also be remotely located so that customers cannot set their own exposure time.
201.12 The licensee shall ensure each customer using ultraviolet tanning equipment or devices is limited to the maximum exposure time recommended by the manufacturer.
201.13 The licensee shall ensure during a customer’s initial visit, and at least annually thereafter, that each customer is provided with a copy of the “Warning Statement” identified in subsection 302.6.
201.14 The licensee shall ensure customers have completed the required detailed medical and skin history information sheet as specified in subsection 302.1.
201.15 The licensee shall ensure customers have reviewed, signed and dated the required Acknowledgment that they have read and understood the “Warning Statement” provided to them by the facility, as specified in subsections 201.13 and 302.6, and section 300, before using the facility’s tanning equipment or devices; and that they have agreed to use FDA compliant protective eyewear provided by the tanning facility or their own.
201.16 The licensee shall ensure that customers have submitted a signed and dated “Parental/ Legal Guardian Authorization Form” provided to them by the facility before a minor’s use of the facility’s tanning equipment or devices as specified in sections 300 and 301.
201.17 If the customer is illiterate or visually impaired, the licensee shall ensure that the “Warning Statement” and “Parental/ Legal Guardian Authorization Form” have been read to the customer prior to the customer’s use or a customer’s minor child’s use of the facility’s tanning equipment or devices.
CHAPTER 3 STANDARD POLICIES & OPERATING
PROCEDURES AND RECORDKEEPING
300 POLICY & PROCEDURES ─ AGE RESTRICTIONS AND PROHIBITION, PARENTAL/ LEGAL GUARDIAN AUTHORIZATION AND POSTING*
300.1 The licensee shall require every customer, including the parent or legal guardian of minors, who uses the facility’s tanning equipment and devices to sign an acknowledgement that he or she has:
(a) Received the required “Warning Statement” provided by the facility;
(b) Read and understood the required “Warning Statement” provided by the facility; and
(c) Agreed to use FDA compliant protective eyewear; and
(d) Consented to a minor’s use of the facility’s tanning equipment or devices by providing the facility with a properly completed “Parental/ Legal Guardian Authorization Form”, where applicable.
300.2 The general use of tanning equipment or devices shall be restricted to customers who are eighteen (18) years of age or older.
300.3 The licensee shall require a parent or legal guardian of a minor child to complete a “Parental/ Legal Guardian Authorization Form” provided by the facility prior to the minor’s use of the facility’s tanning equipment or devices.
300.4 The licensee shall prohibit minors younger than fourteen (14) years of age from using ultraviolet tanning equipment or devices.
300.5 The licensee shall prohibit minors between fourteen (14) and seventeen (17) years of age from using ultraviolet tanning equipment or devices without a valid “Parental/ Legal Guardian Authorization Form” on file. Proof of age shall be satisfied with a driver’s license or other government issued identification containing the date of birth and a photograph of the individual, or State School Identifications.
300.6 For parents or legal guardians of minors who are seventeen (17) or sixteen (16) years of age, prior to the minors’ use of a facility’s tanning equipment or devices, the tanning facility shall:
(a) Provide a copy of the “Warning Statement” identified in subsection 302.6 to a parent or legal guardian; and
(b) Obtain a “Parental/ Legal Guardian Authorization Form” from a parent or legal guardian that is signed and dated in the presence of the facility’s operator. The “Parental/ Legal Guardian Form” shall not be given to a minor to take home for signing.
300.7 For parents or legal guardians of minors who are fourteen (14) to fifteen (15) years of age, prior to the minors’ use of a facility’s tanning equipment or devices, the tanning facility shall:
(a) Provide a copy of the “Warning Statement” identified in subsection 302.6 to the parent or legal guardian; and
(b) Obtain a “Parental/ Legal Guardian Authorization Form” from a parent or legal guardian that is signed and dated in the presence of the facility’s operator. The “Parental/ Legal Guardian Authorization Form” shall not be given to a minor to take home for signing; and
(c) Require a parent or legal guardian to accompany the minor when using the facility’s tanning equipment or devices.
300.8 The licensee shall not permit any infant or other minor in a tanning area where tanning equipment or devices are being used by a parent or legal guardian.
301 POLICY & PROCEDURES ─ AGE RESTRICTION SIGN AND POSTING*
301.1 A licensee shall conspicuously post an “Age Restriction Sign” at or near the reception area with the following text:
(a) INDIVIDUALS AGE 14 TO 17 YEARS OF AGE ARE REQUIRED TO HAVE A PARENT OR LEGAL GUARDIAN SIGN A “Warning Statement” and a “pARENTAL/ legal GUARDIAN Authorization Form” IN THE PRESENCE OF AN OPERATOR BEFORE USING THE FACILITY’S TANNING EQUIPMENT OR DEVICES;
(b) INDIVIDUALS AGE 14 TO 15 YEARS OF AGE ARE ALSO REQUIRED TO HAVE A PARENT OR LEGAL GUARDIAN PRESENT DURING ALL TANNING SESSIONS; and
(c) INDIVIDUALS AGE 13 YEARS OF AGE AND YOUNGER ARE PROHIBITED FROM USING ANY ULTRAVIOLET TANNING EQUIPMEMT OR DEVICES.
302 POLICY & PROCEDURES ─ WARNING STATEMENT, CONTENT AND POSTING*
302.1 During a customer’s initial visit but prior to using a facility’s tanning equipment or devices, the licensee shall require the customer to provide a detailed medical and skin history information sheet.
302.2 During a customer’s initial visit, an operator shall advise a consumer that tanning indoors and outdoors on the same day, or tanning at multiple salons or other similar occurrences is hazardous to his or her health.
302.3 Each consumer shall be warned by the operator of the hazardous of photosensitizing agents and the operator shall determine if the customer is using any of these agents to the best of his or her ability.
302.4 Each customer shall be warned by the operator to consult a physician if the customer has a history of skin problems or is especially sensitive to sunlight.
302.5 The licensee shall conspicuously post a “Warning Sign” in any area where ultraviolet tanning equipment or devices are used. The sign shall be readily legible, clearly visible, and not obstructed by any barrier, equipment or other item present so that the customer can easily view the warning sign before turning on the tanning equipment or device. The sign shall be located within one meter (1 m.) or three and twenty-eight hundredth feet (3.28 ft.) of each tanning equipment or device.
302.6 The lettering on each warning sign shall be at least five millimeters (5 mm.) high for the word “WARNING”. All capital letters shall be at least five millimeters (5 mm.) high and all lower case letters shall be at least three millimeters (3 mm.) high. The warning sign shall read as follows:
WARNING
DANGER – ULTRAVIOLET RADIATION
Avoid too frequent or too lengthy exposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeat exposure can cause chronic sun damage, such as premature aging of the skin, which is characterized by wrinkling, dryness, fragility and bruising of the skin, skin cancer, or both.
Wear Food and Drug Administration-Approved Protective Eyewear. Failure to wear protective eyewear may result in severe burns or long-term injury to the eyes.
Do not sunbathe before or after exposure to ultraviolet radiation. Ultraviolet radiation from tanning equipment or devices will aggravate the effects of the sun. So, do not sunbathe during the twenty-four (24) hours immediately before or immediately after using tanning equipment or devices.
Tanning indoors and outdoors on the same day, or tanning at multiple salons, or other similar occurrences is hazardous to your health.
Medications and cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using tanning equipment or devices if: (1) you are using medications, such as tranquilizers, diuretics, antibiotics, high-blood pressure medicines, birth control, or other medicines identified by your physician; and (2) you have a history of skin problems or believe that you are especially sensitive to sunlight, certain foods or cosmetics.
Women who are pregnant or using birth control pills and who use tanning equipment or devices may develop discolored skin.
If you do not tan in the sun, you are unlikely to tan when exposed to a tanning device.
If you believe that you have been injured by this tanning device, you should contact: District of Columbia, Department of Health, Radiation Division, 899 North Capitol Street, N.E., 2nd Floor, Washington, D.C. 20002-4210, Telephone: (202) 724-8800.
303 OPERATING PROCEDURES ─ RECORDKEEPING MANUAL, CONTENT*
303.1 The licensee shall maintain a procedural manual at the tanning facility which shall be available at all times to operators and the Department during inspections. Each licensee’s procedural manual shall include, but is not limited to:
(a) Instructions for when the customer is:
(1) Illiterate or visually impaired and unable to sign his or her name;
(2) Tanning nude;
(3) Tanning while pregnant;
(4) A minor;
(5) Tanning both in-doors and out-doors;
(b) Customer warnings; and
(c) Notations regarding each operator’s completion of training requirements.
303.2 Each tanning facility shall maintain on file each customer’s:
(a) Warning Statement and Tanning Authorization Form;
(b) Tanning profiles and consultations;
(c) Suitability for using tanning equipment;
(d) Adherence to the manufacturer’s recommended exposure schedule, or the procedures used for determining if a consumer has exceeded the exposure schedule as provided in subsections 200.4(b) and 200.4(k), including:
(1) Determining exposure times;
(2) Frequency of visits;
(3) Spacing of visits; and
(4) Maximum exposure time(s) in minutes.
303.3 All records of customers’ files shall be maintained for a minimum of three (3) years or three (3) years past the client’s age of majority.
303.4 The licensee shall maintain a list of common photosensitizing agents as provided by U.S. Food and Drug Administration or other appropriate authorities and shall be available for review by the customer.
303.5 Each tanning facility shall maintain:
(a) Maintenance records which identify the manufacturer, model, series number and the date each tanning equipment or device was sold, leased, transferred, loaned, assembled, certified, recertified, upgraded, installed, serviced, or repaired, including but not limited to:
(1) Frequency and dates of sanitizing tanning equipment, tanning devices and protective eyewear;
(2) Replacement of tanning lamps;
(3) Quarterly testing of tanning equipment timers and emergency off switches; and
(4) Calibration dates of tanning equipment and devices.
(b) A list of emergency contact numbers appropriate for the community in which it is located. The list shall be easily accessible and shall include, but is not limited to, contact numbers for:
(1) The nearest hospital;
(2) The nearest fire department; and
(3) Emergency 911 service.
304 OPERATING PROCEDURES ─ RECORDKEEPING, PURCHASE, MAINTENANCE, AND USERS’ INSTRUCTIONS
304.1 The licensee shall maintain the users’ instructions for each model of tanning equipment used at the tanning facility as stated in 21 C.F.R. § 1040.20(e)(1) (Sunlamp products and ultraviolet lamps intended for use in sunlamp products, instructions to be provided to users).
304.2 Users’ instructions shall be kept on file at the facility and shall be readily available for review by the tanning facility staff, as needed, and the Department upon request.
304.3 The licensee shall keep records showing the receipt, transfer, repair and disposal of all equipment and devices on the premises.
304.4 Records which are maintained by the licensee on computer systems shall be regularly copied, at least monthly, and updated on storage media other than the hard drive of the computer to ensure compliance with these regulations
304.5 An electronic record shall be retrievable as a printed copy.
305 OPERATING PROCEDURES ─ RECORDKEEPING, RETENTION
305.1 The licensee shall maintain all records at the facility for at least three (3) years or longer if required by any other applicable District law, regulation, or these Regulations. The records shall be readily available for review by the Department upon request.
306 OPERATING PROCEDURES ─ RECORDKEEPING, REPORTS OF INJURIES
306.1 The licensee shall maintain an “Incident Log” of customers’ actual or alleged ultraviolet radiation injuries or other types of injuries.
306.2 The licensee shall submit to the Department a written report of actual or alleged injury from using the licensee’s tanning equipment or devices, within five (5) business days after notification of actual or alleged injury.
306.3 The report shall include the following information:
(a) Name, address and telephone number of the affected individual;
(b) Tanning facility’s name, location, telephone number, license number, and name of the operator on duty;
(c) Identification of the specific tanning equipment or devices involved;
(d) Nature of the actual or alleged injury, including the date and duration of exposure, and any other information relevant to the actual or alleged injury;
(e) If applicable, the medical attention sought, treatment, and the name of attending physician;
(f) Copy of all of the individual’s medical, skin, and exposure history;
(g) Steps taken to prevent recurrence of future injuries; and
(h) All information requested on the Department’s “Report of Injury Form”.
306.4 The licensee shall maintain all records or reports pertaining to actual or alleged injury at the facility for review until the Department authorizes their disposal.
CHAPTER 4 EMPLOYEE HEALTH
400 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF TANNING OPERATORS AND ANCILLARY EMPLOYEES TO REPORT SYMPTOMS AND DIAGNOSIS*
400.1 The licensee shall require tanning operators and ancillary employees to report to the licensee or licensee’s designated person in charge, in accordance with this section, if they are diagnosed by a medical professional as:
(a) Having a communicable disease;
(b) Being in a carrier state of a communicable disease;
(c) Having a boil or other infected wound;
(d) Having an acute respiratory infection; or
(e) Having a Staphylococcus aureus (or "staph") bacterial infection.
400.2 A tanning operator and ancillary employee shall report to the licensee or licensee’s designated person in charge when he or she has any of the following symptoms:
(a) Vomiting;
(b) Diarrhea;
(c) Sore throat with fever; or
(d) A lesion containing pus, such as a boil or infected wound that is open or draining and is:
(1) On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the lesion and a single-use glove is worn over the impermeable cover;
(2) On exposed portions of the arms, unless the lesion is protected by an impermeable cover; or
(3) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage.
401 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF licensee TO PROHIBIT AN EMPLOYEE WITH A SPECIFIC ILLNESS FROM BEING EMPLOYED AS TANNING OPERATOR OR ANCILLARY EMPLOYEE*
401.1 A licensee shall ensure that an employee who exhibits or reports a symptom, or reports a diagnosed illness as specified in subsection 400.2, is prohibited from being employed as a tanning operator or ancillary employee until the employee satisfies the requirements for reinstatement associated with specific symptoms or diagnosed illnesses specified in section 406.
402 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF licensee TO EXCLUDE OR RESTRICT ILL TANNING OPERATORS OR ANCILLARY EMPLOYEES*
402.1 A licensee shall ensure that a tanning operator or ancillary employee who exhibits or reports a symptom or who reports a diagnosed illness as specified in subsection 400.3 is:
(a) Excluded as specified in section 404, except as provided in section 406; or
(b) Restricted as specified in section 405, except as provided in section 406.
403 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF TANNING OPERATOR AND ANCILLARY EMPLOYEE TO COMPLY WITH EXCLUSIONS OR RESTRICTIONS*
403.1 A tanning operator and ancillary employee shall comply with:
(a) An exclusion imposed pursuant to section 404, unless reinstated pursuant to section 406; or
(b) A restriction imposed pursuant to section 405, unless reinstated pursuant to section 406.
404 DISEASE OR MEDICAL CONDITION ─ CONDITIONS REQUIRING EXCLUSION OF ILL TANNING OPERATOR OR ANCILLARY EMPLOYEES*
404.1 A licensee shall exclude a tanning operator or ancillary employee from a tanning facility if the operator or ancillary employee is:
(a) Symptomatic with vomiting or diarrhea; or
(b) Symptomatic with vomiting or diarrhea and diagnosed with an infection from a Norovirus.
405 DISEASE OR MEDICAL CONDITION ─ CONDITIONS REQUIRING RESTRICTION OF ILL TANNING OPERATORS OR ANCILLARY EMPLOYEES*
405.1 If a tanning operator or ancillary employee is diagnosed with an infection from a Norovirus, and is symptomatic, a licensee or licensee’s designated person in charge shall restrict the duties of the tanning operator or ancillary employee.
405.2 If a tanning operator or ancillary employee is ill with symptoms of acute onset of sore throat with fever, a licensee or licensee’s designated person in charge shall restrict the duties of the tanning operator or ancillary employee.
405.3 A licensee shall restrict the duties of a tanning operator or ancillary employee who is infected with a skin lesion containing pus, such as a boil or infected wound that is open or draining and not properly covered as specified in subsection 400.3(d).
406 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF licensee TO REMOVE, ADJUST, OR RETAIN EXCLUSIONS AND RESTRICTIONS OF ILL TANNING OPERATORS OR ANCILLARY EMPLOYEES*
406.1 A licensee may reinstate a tanning operator or ancillary employee who was excluded under subsection 404.1(a) for being symptomatic with vomiting or diarrhea if the tanning operator or ancillary employee:
(a) Is asymptomatic for at least twenty-four (24) hours; or
(b) Provides his or her supervisor with written medical documentation from a licensed physician that states the symptom is from a noninfectious condition.
406.2 If a tanning operator or ancillary employee was diagnosed with an infection from a Norovirus and excluded under subsection 404.1(b), a licensee or licensee’s designated person in charge may restrict the duties of the tanning operator or ancillary employee after he or she has been asymptomatic for at least twenty-four (24) hours, and may reinstate the tanning operator or ancillary employee after the conditions for reinstatement specified in sections 406.3 have been met.
406.3 A licensee may reinstate a tanning operator or ancillary employee who was excluded under subsection 404.1(b) or restricted under subsection 405.1 or 406.2 for a Norovirus if the manger obtains approval from the Department and one (1) of the following conditions is met:
(a) The excluded or restricted employee provides the licensee or licensee’s designated person in charge with written medical documentation from a licensed physician that states the tanning operator or ancillary employee is free of Norovirus infection;
(b) The tanning operator or ancillary employee was restricted after symptoms of vomiting or diarrhea resolved, and more than forty-eight (48) hours have passed since the tanning operator or ancillary employee became asymptomatic; or
(c) The tanning operator or ancillary employee was restricted and did not develop symptoms and more than forty-eight (48) hours have passed since the tanning operator or ancillary employee was diagnosed.
406.4 A licensee may reinstate a tanning operator or ancillary employee who was restricted under subsection 405.2 for sore throat with fever if the tanning operator or ancillary employee provides the licensee or licensee’s designated person in charge with written medical documentation from a licensed physician that states the tanning operator or ancillary employee meets one (1) of the following conditions:
(a) Has received antibiotic therapy for Streptoccoccus pyogenes infection for more than twenty-four (24) hours;
(b) Has at least one (1) negative throat specimen culture for Streptoccoccus pyogenes infection; or
(c) Is otherwise determined by a licensed physician to be free of a Streptoccoccus pyogenes infection.
406.5 A licensee may reinstate a tanning operator or ancillary employee who was restricted as specified in subsection 405.3 if the skin, infected wound, cut, or pustular boil is properly covered with one (1) of the following:
(a) An impermeable cover such as a finger cot or stall and a single-use glove over the impermeable cover if the infected wound or pustular boil is on the hand, finger, or wrist;
(b) An impermeable cover on the arm if the infected wound or pustular boil is on the arm; or
(c) A dry, durable, tight-fitting bandage if the infected wound or pustular boil is on another part of the body.
CHAPTER 5 CONSTRUCTION, SANITATION
MAINTENANCE AND PREVENTION OF CONTAMINATION
500 DESIGN & CONSTRUCTION ─ TANNING EQUIPMENT AND DEVICES*
500.1 The licensee shall use only tanning equipment and devices manufactured in accordance with U.S. Food and Drug Administration (FDA) requirements specified in subsections 102.1(a)(i), 500.3, 501.3, 506.1, and 506.6.
500.2 Tanning equipment and devices shall meet the National Fire Protection Association National Electrical Code and shall be provided with ground fault protection on the electrical circuit, or other methods for preventing shock.
500.3 Every tanning device used by a tanning facility shall comply with all applicable District and Federal laws and regulations, including those promulgated by the Federal Trade Commission and the United States Food and Drug Administration.
500.4 Each assembly of tanning equipment or devices shall be provided with an emergency shut-off mechanism on the tanning equipment or device to allow the consumer to manually terminate radiation emission from the equipment or device at any time without disconnecting the electrical plug or removing any ultraviolet lamp.
500.5 Each assembly of tanning equipment or devices shall be designed for use by only one (1) consumer at a time.
500.6 All tanning equipment or devices shall include physical barriers to protect consumers from injury induced by touching or breaking the lamps.
500.7 There shall be physical barriers around each tanning equipment or device which is in use to protect persons who are not using the device from line-of-sight accidental ultraviolet radiation exposure.
500.8 Linen storage shelves or cabinets shall be constructed of smooth, non-porous, corrosion, and water damage-resistant material.
500.9 Existing wooden or combination metal and wood shelving that do not comply with these regulations shall be sealed with an enamel sealing paint or clear coat and the shelves shall be maintained in an easily cleanable condition.
501 DESIGN & CONSTRUCTION ─ TANNING EQUIPMENT AND DEVICES, PROTECTIVE EYEWEAR
501.1 If a consumer does not provide compliant protective eyewear, the licensee shall have compliant protective eyewear available for the consumer to use during any use of tanning equipment.
501.2 If a consumer fails to provide compliant protective eyewear and chooses not to use the protective eyewear available from the licensee, then the licensee shall not allow the consumer to use any tanning equipment.
501.3 The protective eyewear shall meet FDA requirements stated in 21 C.F.R. § 1040.20 (c)(4) (Sunlamp products and ultraviolet lamps intended for use in sunlamp products, Protective eyewear).
502 DESIGN & CONSTRUCTION ─ TANNING EQUIPMENT AND DEVICES, TIMER
502.1 Each assembly of tanning equipment and devices shall be equipped with a timer which complies with the requirements of 21 C.F.R. § 1040.20(c)(2) (Sunlamp products and ultraviolet lamps intended for use in sunlamp products, Timer system. The maximum timer interval shall not exceed the manufacturer’s maximum recommended exposure time).
502.2 The timer intervals shall be indicated in such a manner that it is consistent with the exposure times on the manufacturer’s recommended exposure schedule.
502.3 No timer interval shall have an error exceeding plus or minus ten percent (10%) of the maximum timer interval for the product.
502.4 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 tanning device has been terminated.
502.5 All tanning equipment shall be provided with an override timer control installed outside of the room in which a tanning device is located.
502.6 The remote timer shall be operated only by a formally trained operator or other trained facility employee and shall be located so that the consumer cannot easily set or reset the consumer’s own exposure time.
502.7 The remote timer(s) shall comply with the requirements for timers as provided in this section.
502.8 New facilities shall install remote timers during the installation of tanning equipment or devices. Existing facilities with a change in ownership shall not receive an application of approval without proof of the remote timer installation.
502.9 Existing tanning equipment or devices not equipped with a remote timer control system shall have the remote timer(s) installed within a year of the effective date of these regulations.
503 DESIGN & CONSTRUCTION ─ TANNING STAND-UP BOOTHS, CABINETS AND VERTICAL TANNING DEVICES – ADDITIONAL REQUIREMENTS AND TEMPERATURE*
503.1 Tanning stand-up booths or cabinets or vertical tanning devices shall have physical barriers or other means compliant with 21 C.F.R. § 1040.20 (Sunlamp products and ultraviolet lamps intended for use in sunlamp products, such as floor markings, to indicate the manufacturer’s recommended exposure distance between the ultraviolet lamps and the consumer’s skin).
503.2 The temperatures inside of enclosed tanning booths or cabinets or vertical tanning devices shall be maintained below one hundred degrees Fahrenheit (100º F) or (thirty-eight degrees Celsius (38º C)).
503.3 Tanning stand-up booths or cabinets or vertical tanning devices shall be constructed with sufficient strength and rigidity to withstand the stress of use and the impact of a falling person.
503.4 Access to tanning stand-up booths or cabinets or vertical tanning devices shall be of rigid construction with doors which are non-locking and open outwardly.
503.5 Tanning stand-up booths or cabinets or vertical tanning devices shall be constructed with non-slip floors to reduce the potential for injuries from falls.
503.6 The floor inside each tanning stand-up booth or cabinet or vertical tanning devices shall be constructed of easily cleanable surfaces and of such material, finish and so fabricated that residue may be effectively removed by normal cleaning methods.
503.7 The floor inside each tanning stand-up booth or cabinet or vertical tanning devices shall be cleaned and sanitized as specified in section 508, and maintained in a non-slip manner as specified in subsection 503.5.
503.8 Tanning stand-up booths or cabinets or vertical tanning devices shall be maintained in good condition as specified in 507.
503.9 Tanning stand-up booths or cabinets or vertical tanning devices shall comply with all applicable provisions of these regulations.
504 DESIGN & CONSTRUCTION ─ TANNING EQUIPMENT AND DEVICES, SUPPLIES, INSTALLATION AND USE*
504.1 No person shall make, sell, lease, transfer, lend, repair, assemble, recertify, upgrade or install tanning equipment, devices, lamps, or provide supplies used in connection with such equipment, devices or lamps unless such equipment, devices, lamps or supplies when properly installed and used meet the requirements specified in sections 505, 506, 507, 508, and 509.
505 DESIGN & CONSTRUCTION ─ TANNING EQUIPMENT AND DEVICES, AND SUPPLIES, BULBS, SHIELDED*
505.1 Each ultraviolet lamp contained within the sunlamp product shall be shielded to prevent contact with the user with two (2) one-piece covers (top and bottom) and the covers shall not contain cracks or breaks in their surfaces.
506 DESIGN & CONSTRUCTION ─ TANNING EQUIPMENT AND DEVICES, AND SUPPLIES, REPLACEMENT, ULTRAVIOLET LAMPS, BULBS OR FILTERS, COMPATIBILITY*
506.1 The licensee shall only use lamps which have been certified by the FDA as “equivalent” lamps under the FDA regulations and policies applicable at the time of the replacement of the lamps. The format for the equivalency document shall be in compliance with 21 C.F.R. § 1040.20 (Sunlamp products and ultraviolet lamps intended for use in sunlamp products, and shall be in the form of user instructions).
506.2 The licensee shall maintain manufacturer’s literature demonstrating the equivalency of any replacement lamps that are not identified as original equipment. Manufacturers’ documentation shall be kept for all lamps in use at the facility and shall be readily available for Department review.
506.3 Defective lamps or filters shall be replaced before further use of the tanning equipment or devices.
506.4 Lamps and bulbs designated for medical use only shall not be used.
506.5 The licensee shall replace ultraviolet lamps, bulbs or filters as recommended by the manufacturer or soon as they become defective or damaged.
506.6 Only lamps, bulbs, or filters that meet the requirements of the U.S. Food and Drug Administration for a particular tanning bed may be used in tanning facilities.
507 MAINTENANCE ─ TANNING EQUIPMENT, TIMER, GOOD REPAIR AND ACCURATE CALIBRATION*
507.1 Tanning equipment and devices shall be maintained in good repair in order to prevent any mechanical safety hazards.
507.2 The licensee shall ensure that tests are performed quarterly on each assembly of tanning equipment or device and documented in writing to ensure the:
(a) Timer is accurately calibrated to within ten percent (10%) of the maximum timer interval for the product as specified in subsection 502.3; and
(b) Consumer is able to terminate radiation emissions manually as specified in subsection 500.4
507.3 Maintenance tests shall include the date of the test and the timer test shall include the indicated time versus the measured time.
507.4 The timer shall be tested at the tanning equipment manufacturer’s recommended maximum exposure time.
508 CLEANING & SANITIZING ─ EQUIPMENT AND DEVICES, TABLES, AND CHAIRS
508.1 All tanning equipment and devices shall be constructed with a smooth, cleanable, nonabsorbent surface, and shall be cleaned and sanitized after each tanning session.
508.2 Linen storage shelves or cabinets shall be constructed of smooth, non-porous, corrosion, and water damage-resistant material.
508.3 Existing wooden or combination metal and wood shelving that do not comply with these regulations shall be sealed with an enamel sealing paint or clear coat and the shelves shall be maintained in an easily cleanable condition.
508.4 All tanning equipment and devices shall be wiped with a cleaning solution on all surfaces and then sanitized on any portion where the customer has made bare skin or hair contact including hands, head, and face rests, or feet after each customer.
508.5 All tanning equipment and devices shall be sanitized by using a U.S. Environmental Protection Agency (EPA) registered sanitizer and in accordance with the EPA approved label.
508.6 Tanning facilities shall maintain adequate supplies for cleaning and sanitizing of all tanning equipment and devices.
508.7 Heavy white paper may be substituted for sheets to cover the tanning beds, or tanning seat or floor of tanning booths or cabinets or vertical tanning devices for single use only. The paper shall be discarded into sanitary solid waste receptacles after the completion of each tanning session.
509 SANITATION ─ LINENS & FURNISHINGS
509.1 All tanning facilities shall provide sufficient supply of clean linens for use by customers during the course of each tanning session and shall protect the supply of clean linens from contamination.
509.2 All linens shall be stored at least six inches (6 in.) off the floor in shelves, compartments, or in closed containers such as storage cabinets, which are used for linen storage purposes only.
509.3 Used linens shall be removed from the tanning room at the end of each tanning session.
509.4 Linens that are newly laundered and sanitized shall be used to recover cleaned and sanitized tanning beds, seats or floors of tanning booths or cabinets or vertical tanning devices prior to the tanning room being used by the next customer. At no time shall linens that have made contact anywhere on one customer’s body touch another customer’s body.
509.5 Linens, such as towels or garments such as robes, to wear for an extra level of comfort or modesty that are used by customers shall be stored and handled for laundering as specified in this section and sections 510, 511, and 512.
509.6 Linens and garments that are found to be in poor condition shall not be used and shall be discarded and replaced with linens in good condition so that the damaged linens are not inadvertently laundered and reused.
509.7 Clean linens shall not be stored or transported in laundry bags, hampers, carts or other containers which have been used for soiled linen unless the licensee is able to demonstrate to the Department’s satisfaction that the containers are, or can be, properly cleaned and their surfaces sanitized.
510 SANITATION ─ TANNING FACILITY-SUPPLIED LINENS, AND GARMENTS
510.1 Each tanning facility shall provide customers clean, sanitary, opaque linens or garments capable of covering the customer’s specified anatomical areas.
510.2 Any garment provided for a customer to wear while tanning or making use of the tanning facility’s other amenities shall be washed and sanitized after use and before it is offered for use to another person.
510.3 Linens and garments that are found to be in poor condition shall not be used and shall be discarded and replaced with linens in good condition as specified in subsection 509.6.
510.4 Sufficient laundry hampers or storage bins shall be provided for customers to return garments and similar articles to the tanning facility for cleaning and sanitizing.
510.5 Laundry hampers or storage bins shall be clearly marked as containing used garments to prevent customer inadvertent reuse of soiled or used garments.
510.6 Used or soiled garments or similar articles shall be kept separate from clean ones while being stored.
510.7 Single-use slippers or sandals provided for a customer’s use shall be brand new.
510.8 Single-use slippers or sandals shall never be reused for another customer and shall be discarded in an appropriate solid waste receptacle immediately following its use.
511 SANITATION ─ TANNING FACILITY, ON-SITE LAUNDRY FACILITIES
511.1 Tanning facilities that supply and launder their own linens and garments shall launder, fold, and store linens and garments in an area that is clean and well maintained.
511.2 Separate storage areas shall be designated for soiled linen and garments away from clean linen and garments.
511.3 There shall be an adequate hot water supply to on-site laundry facilities as specified in sections 607 and 701.
511.4 There shall be an adequate number of washing machines, dryers, and folding tables to handle the volume of laundry generated at the facility.
511.5 Washing machines and dryers shall be installed as specified in chapter 7 and shall be placed:
(a) At a minimum, on, a composite tile or other approved floor, with wall-to-floor junctures sealed with base coving;
(b) In a room with a minimum of fifty (50) foot-candles of light measured thirty inches (30 in.) above the floor;
(c) On adjacent walls with coverings of fiberglass-reinforced plastic paneling or equivalent where moisture is likely to occur; and
(d) In a room with an enclosed ceiling, finished with a cleanable surface.
511.6 The washing machine, dryers, and folding tables shall be maintained in good operating condition.
511.7 There shall be a handwashing sink, supplied with hot and cold running water and dispenser-fed liquid soap and disposable towels installed in the laundry room.
511.8 Prior to their next use, linens and garments shall be washed with soap or detergent and sanitized with a product labeled for that use.
511.9 Laundry that arrives in the laundry area, which has been exposed to a bio-hazardous event, shall be handled in accordance with the Biohazard Event Response Plan written for the tanning facility which meets all applicable regulatory requirements.
511.10 Laundered linens and garments shall be stored at least six inches (6 in.) above the floor level in a clean, ventilated, illuminated, and well-maintained place until used to cover tanning beds, tanning seats or floors of tanning booths or any cabinet or vertical tanning devices, or offered to customers to don or use for draping.
512 SANITATION ─ THIRD-PARTY LINEN PROVIDER
512.1 The Department recommends a third-party linen provider be used to provide laundered and sanitized linens to tanning facilities.
512.2 When a third-party linen provider is used, then any linen, towel, and/or conveyances found to be dirty, stained, or otherwise in poor condition shall not be used and shall be rejected upon receipt and returned to the third-party linen provider.
513 SANITATION ─ FURNISHINGS, PROHIBITION
513.1 No licensee shall use any upholstered furniture or furnishings recovered from a landfill, dump, dumpster or other waste disposal, junkyard, or hospital for the purpose of reuse in a tanning facility even after being sterilized by a sterilization plant.
513.2 In addition to subsection 513.1, no licensee shall sell, trade, give away, or otherwise allow the transfer of any used upholstered furniture, or furnishings from one tanning facility location to be use at another tanning facility location.
514 PREVENTING CONTAMINATION FROM CUSTOMER ─ SUPPLIES, PERSONAL HYGIENE PRODUCTS
514.1 Multi-use personal hygiene products such as lotion, hairspray, or body spray shall be dispensed from a container that prevents the contamination of the product by customers.
514.2 Multi-use personal hygiene product containers placed out for customer use shall be maintained in a reasonably clean condition and routinely wiped down with a sanitized wiping cloth.
514.3 If a multi-use product appears as if it were misused by a customer and is now suspected to be contaminated, it shall be discarded immediately.
514.4 The communal use of multi-use items that contact the body of a customer, such as stick deodorant, razors, toothbrushes, or other such items, is strictly prohibited.
514.5 Tanning facilities shall only provide single-use, disposable personal hygiene items to its customers if the item contacts the body directly during use.
514.6 Used single-use articles shall be discarded following use by the customers, except where the customers are permitted to retain the item for personal use once they depart the tanning facilities.
514.7 If multiple-use articles that directly contact the customer’s body are offered in lieu of single-use articles, the multi-use article shall be retained by the customer or discarded in the same manner as single-use/disposable articles, regardless of whether or not there is a useable amount of product remaining in the container.
CHAPTER 6 WATER
600 SOURCE ─ APPROVED SYSTEM*
600.1 The only approved system for drinking water is the District of Columbia public water system.
600.2 A tanning facility shall not obtain water for its operations from a water system that is not the District of Columbia public water system.
601 SOURCE ─ SYSTEM FLUSHING AND DISINFECTION*
601.1 A drinking water system shall be flushed and disinfected before being placed in service after construction, repair, or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system.
602 SOURCE ─ BOTTLED DRINKING WATER*
602.1 Bottled drinking water used in a tanning facility shall be obtained from approved sources in accordance with 21 C.F.R. § 129.1 (Current good manufacturing practice).
603 QUALITY ─ STANDARDS*
603.1 Water from a public water system or potable water shall meet the requirements of the applicable provisions of 40 C.F.R. Part 141 (National Primary Drinking Water Regulations), and District of Columbia drinking water quality standards.
603.2 Potable water shall be used for drinking and sanitizing of tanning equipment and devices.
604 QUALITY ─ NONDRINKING WATER*
604.1 A nondrinking water or nonpotable water supply may be used only if its use is approved by the Department.
604.2 Nondrinking water may be used for purposes unrelated to tanning operations including, but not limited to, air conditioning, fire protection, irrigation, plant and equipment cleanup, and other sanitary purposes.
605 DISTRIBUTION, DELIVERY, AND RETENTION ─ SYSTEM
605.1 Water shall be received from the source through the use of an approved public water main, or through one (1) or more of the following, which shall be constructed, maintained, and operated according to the applicable provisions of 40 C.F.R. Part 141 (National Primary Drinking Water Regulations), and District of Columbia drinking water quality standards:
(a) Water transport vehicles; or
(b) Water containers.
606 DISTRIBUTION, DELIVERY, AND RETENTION ─ ALTERNATIVE WATER SUPPLY
606.1 Water meeting the requirements specified in sections 500 through 507 shall be made available for a tanning facility with a temporary interruption of its water supply through:
(a) A supply of containers of commercially bottled drinking water;
(b) One (1) or more closed portable water containers;
(c) An enclosed vehicular water tank;
(d) An on-premises water storage tank; or
(e) Piping, tubing, or hoses connected to an adjacent approved source.
607 QUANTITY AND AVAILABILITY ─ CAPACITY
607.1 The water source and system shall be of sufficient capacity to meet the water demands of the tanning facility.
607.2 Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the tanning facility.
CHAPTER 7 PLUMBING SYSTEM
700 MATERIALS ─ APPROVED MATERIALS, USE *
700.1 A plumbing system and hoses conveying water shall be constructed and repaired with approved materials according to the International Plumbing Code (2006 edition), subtitle F (Plumbing Code Supplement) of Title 12 of the District of Columbia Municipal Regulations.
700.2 A water filter shall be made of safe materials.
701 DESIGN, CONSTRUCTION, AND INSTALLATION ─ APPROVED SYSTEM AND CLEANABLE FIXTURES*
701.1 A plumbing system shall be designed, constructed, and installed according to the Plumbing Code.
701.2 A plumbing system shall be of sufficient size and shall be designed, constructed, installed and maintained according to the Plumbing Code to:
(a) Properly convey sewage and liquid disposable waste from the premises;
(b) Avoid constituting a source of contamination to potable water, tanning equipment and devices, or creating any unsanitary condition; and
(c) Provide sufficient floor drainage to prevent excessive pooling of water or other disposable waste in all areas where floors are subject to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor.
701.3 A plumbing fixture such as a handwashing facility, toilet, or urinal shall be easily cleanable.N
701.4 Each tanning facility shall be equipped with effective plumbing and sewage facilities and adequate accommodations.
702 DESIGN, CONSTRUCTION AND INSTALLATION ─ SERVICE SINKS
702.1 Service sinks and curbed cleaning facilities shall be provided in accordance with section 707 and the Plumbing Code.
703 DESIGN, CONSTRUCTION, AND INSTALLATION ─ HANDWASHING SINKS, WATER TEMPERATURE, AND FLOW
703.1 All handwashing sinks, including those in toilet rooms, shall be equipped to provide water at a temperature of at least one hundred degrees Fahrenheit (100° F) (thirty-eight degrees Centigrade (38°C)) through a mixing valve, a combination faucet, or tempered water and a single faucet.
703.2 A steam mixing valve shall not be used at a handwashing sink.
703.3 A self-closing, slow-closing, or metering faucet shall provide a flow of water for at least fifteen (15) seconds without the need to reactivate the faucet.
703.4 An automatic handwashing facility shall be installed in accordance with the manufacturer’s instructions.
704 HANDWASHING SINKS ─ USE, NUMBER, AND LOCATION
704.1 Handwashing sinks shall be located to allow convenient use by employees in, or immediately adjacent to, toilet rooms.
704.2 A handwashing sink shall be maintained so that it is accessible at all times for employees’ use.
704.3 A handwashing sink shall not be used for purposes other than handwashing.
704.4 An automatic handwashing facility may be substituted for handwashing sinks in a tanning facility that has at least one (1) handwashing sink.
704.5 An automatic handwashing facility shall be used in accordance with the manufacturer’s instructions.
705 HANDWASHING SINKS ─ HANDWASHING CLEANSER, AVAILABILITY, HAND DRYING PROVISION, AND HANDWASHING SIGNAGE
705.1 Each handwashing sink or group of two (2) adjacent sinks shall be provided with hand cleaning liquid or powder.
705.2 Each handwashing sink or group of adjacent sinks shall be provided with:
(a) Individual, disposable towels; or
(b) A heated-air, hand-drying device.
705.3 A sign or poster that notifies employees to wash their hands shall be provided at all handwashing sinks.
706 HANDWASHING SINKS ─ DISPOSABLE TOWELS, WASTE RECEPTACLE
706.1 A handwashing sink or group of adjacent sinks that is supplied with disposable towels or suitable drying devices shall be provided with a waste receptacle as specified in subsections 710.2 and 710.3.
707 SERVICE SINKS ─ NUMBERS AND CAPACITIES
707.1 At least one (1) service sink or one (1) curbed cleaning facility equipped with a floor drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste.
708 DESIGN, CONSTRUCTION AND INSTALLATION – TOILETS AND URINALS, ENCLOSED
708.1 Toilet facilities shall be provided in accordance with section 709 and the Plumbing Code.
708.2 A toilet room located on the premises shall be completely enclosed and provided with a tight-fitting and self-closing door, except that this requirement does not apply to a toilet room that is located outside a tanning facility.
708.3 Toilet room doors shall be kept closed except during cleaning and maintenance operations.
709 TOILETS AND URINALS ─ NUMBER, CAPACITY, CONVENIENCE AND ACCESSIBILITY, PROHIBITION*
709.1 Each tanning facility shall maintain toilet facilities for employees, which shall consist of a toilet room or toilet rooms with proper and sufficient water closets and lavatories. Toilet facilities shall be conveniently located and readily accessible to all personnel and customers.
709.2 Toilets and urinals provided for employees’ use shall be in accordance with the Plumbing Code. Urinals may be substituted for toilets if the substitution is approved by the Department of Consumer and Regulatory Affairs and the Department.
709.3 The licensee shall, at a minimum:
(a) Maintain the toilet facilities in a sanitary condition that is clean and free of trash and litter;
(b) Keep the facilities in good repair at all times; and
(c) Provide self-closing doors.
709.4 All single-stall toilet rooms shall display gender-neutral signs on the door that read “Restroom,” or have a universally recognized pictorial indicating that persons of any gender may use each restroom, in accordance with the D.C. Human Rights Act of 1977, as amended, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c) (2007 Repl.); 4 DCMR § 802.2).
709.5 Tanning facilities employing:
(a) Five (5) or fewer employees may provide only a single toilet facility with a gender-neutral sign on the door in accordance with the D.C. Human Rights Act of 1977, as amended, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c) (2007 Repl.); 4 DCMR § 802.2); or
(b) More than five (5) employees shall have multiple toilet facilities that are either:
(1) Single-stall toilet rooms with a gender-neutral sign on each door as specified in section 3101.2 in accordance with the D.C. Human Rights Act of 1977, as amended, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1403.01(c) (2007 Repl.); 4 DCMR § 802.2); or
(2) Multiple-stall toilet rooms with gender-specific signs on the doors that read “Men” and “Women” or contain gender-specific, universally recognized pictorials of “Men” and “Women”.
709.6 When locker rooms are provided, there shall be both a male and female locker room available, unless the facility is specifically designated for one (1) gender or the other.
709.7 If the tanning facility serves only one (1) gender, a restroom shall be made available for employees of the opposite gender.
709.8 Toilet facilities shall be deemed conveniently located and accessible to employees during all hours of operation if they are:
(a) Located within the same building as the business they serve; and
(b) Accessible during working hours without going outside the building.
709.9 At no time shall consumers or employees of one (1) gender enter the bathroom, restroom, or locker room of the other gender, except for routine clean-up after all of the consumers are gone or there is a maintenance emergency that cannot be handled by an employee of the same gender as belongs to the restroom, bathroom, or locker room.
709.10 Except as provided in section 709.8, restrooms, bathrooms, or locker rooms shall be cleared of all patrons of the opposite sex before routine cleaning or maintenance emergency commences by an employee of the opposite gender.
710 TOILETS AND URINALS ─ TOILET TISSUE, RECEPTACLE COVERED AND AVAILABE
710.1 A supply of toilet tissue shall be available at each toilet.
710.2 A waste receptacle shall be provided in each toilet room.
710.3 A toilet room used by females shall be provided with a covered receptacle for feminine hygiene products.
711 DESIGN, CONSTRUCTION, AND INSTALLATION ─ BACKFLOW PREVENTION, AIR GAP*
711.1 An air gap shall be installed between the water supply inlet and the flood level rim of the plumbing fixture or equipment, and shall be at least twice the diameter of the water supply inlet and may not be less than twenty-five millimeters (25 mm) or one inch (1 in.).
712 DESIGN, CONSTRUCTION, AND INSTALLATION ─ BACKFLOW PREVENTION DEVICES, DESIGN STANDARD
712.1 A backflow or backsiphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device.
713 DESIGN, CONSTRUCTION, AND INSTALLATION ─ CONDITIONING DEVICES, DESIGN
713.1 A water filter, screen, or other water-conditioning device installed on water lines shall be located to facilitate disassembly for periodic servicing and cleaning. A water filter element shall be of the replaceable type.
714 NUMBERS AND CAPACITIES ─ BACKFLOW PREVENTION DEVICES, WHEN REQUIRED*
714.1 A plumbing system shall be installed in accordance with the International Plumbing Code (2006 edition), subtitle F (Plumbing Code Supplement) of Title 12 of the District of Columbia Municipal Regulations, to preclude backflow of a solid, liquid, or gas contaminant into the water supply system by:
(a) Providing an air gap as specified in section 711; or
(b) Installing an approved backflow prevention device as specified in section 712.
715 NUMBERS AND CAPACITIES ─ BACKFLOW PREVENTION DEVICES, CARBONATOR*
715.1 If an air gap is not provided as specified in section 711, a double check valve with an intermediate vent preceded by a screen of not less than one hundred (100) mesh to twenty-five and four tenths millimeters (25.4 mm.) (100 mesh to 1 inch) shall be installed upstream from a carbonating device and downstream from any copper in the water supply line.
715.2 A single or double check valve attached to the carbonator need not be of the vented type if an air gap or vented backflow prevention device has been otherwise provided as specified in sections 711 or 712.
716 LOCATION AND PLACEMENT ─ BACKFLOW PREVENTION DEVICES
716.1 A backflow prevention device shall be located so that it may be serviced and maintained.
717 LOCATION AND PLACEMENT ─ CONDITIONING DEVICES
717.1 A water filter, screen, or other water-conditioning device installed on water lines shall be located to facilitate disassembly for periodic servicing and cleaning.
718 OPERATION AND MAINTENANCE ─ PROHIBITING A CROSS CONNECTION*
718.1 A person shall not create a cross connection by connecting a pipe or conduit between the drinking water system and a nondrinking water system or a water system of unknown quality.
718.2 The piping of a nondrinking water system shall be durably identified so that it is readily distinguishable from piping that carries drinking water.N
719 OPERATION AND MAINTENANCE ─ SCHEDULING INSPECTION AND SERVICE FOR A WATER SYSTEM DEVICES
719.1 A device such as a water treatment device or backflow preventer shall be scheduled for inspection and service, in accordance with the manufacturer's instructions and as necessary to prevent the device’s failure based on local water conditions. Records demonstrating inspection and service shall be maintained by supervisors.
720 OPERATION AND MAINTENANCE ─ SYSTEM MAINTAINED IN GOOD REPAIR*
720.1 A plumbing system shall be:
(a) Repaired according to the Plumbing Code; and
(b) Maintained in good repair.
721 SEWAGE AND RAINWATER DISPOSAL ─ APPROVED SYSTEM*
721.1 Sewage shall be disposed through an approved facility that is a public sewage treatment plant or an individual sewage disposal system that is sized, constructed, maintained, and operated according to the Plumbing Code.
722 SEWAGE AND RAINWATER DISPOSAL ─ OTHER LIQUID WASTES AND RAINWATER
722.1 Condensate drainage and other nonsewage liquids and rainwater shall be drained from point of discharge to disposal according to applicable District laws and regulations.
723 SEWAGE AND RAINWATER DISPOSAL ─ CONVEYING SEWAGE*
723.1 Sewage shall be conveyed to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated in accordance with the Plumbing Code.
CHAPTER 8 PHYSICAL FACILITIES DESIGN
AND CONSTRUCTION, CLEANABILITY,
SANITATION AND MAINTENANCE
800 DESIGN & CONSTRUCTION ─ BUILDING MATERIALS AND WORKMANSHIP
800.1 The licensee of a newly constructed, remodeled or renovated tanning facility shall ensure that the design, construction, building materials, and workmanship complies with the District’s Construction Codes of 2008, as specified in subsection 102.1(a) and this chapter.
800.2 The licensee of an existing tanning facility shall maintain in good condition the physical integrity of its tanning facility by repairing or replacing structural or design defects, operating systems, or fixtures in use before the effective date of these regulations in accordance with the District’s Construction Codes of 2008, as specified in subsection 102.1.
800.3 At least thirty (30) days before beginning construction or remodeling of a tanning facility, the licensee shall submit construction plans with all schedules, including but not limited to floor plans, elevations schematics to the Department for review and approval, as specified in section 1107.
801 DESIGN & INSTALLATION ─ LIGHTING AND ELECTRONIC DEVICES*
801.1 All rooms of a tanning facility shall have at least one (1) electrical source of light. Lighting luminaries and fixtures may be of incandescent, fluorescent, or high density discharge types.
801.2 At least fifty (50) foot-candles of light shall be provided in each area and the laundry area.
801.3 At least twenty (20) foot-candles of light shall be provided in each restroom, locker room, toilet room or other areas when fully illuminated for cleaning.
801.4 An average illumination value of ten (10) foot-candles of light, but never less than seven and a half (7.5) foot-candles of light shall be provided in other areas within a tanning facility, including tanning rooms, offices, lobbies, retail shops, and waiting areas.
801.5 The above illumination levels shall be attainable at all times while the tanning facility is occupied, except as specified in subsection 801.6.
801.6 Lighting may be dimmed during a tanning session so long as there is enough light to safely see or to leave the room in case of an emergency.
801.7 No tanning facility shall be equipped with tinted windows or two-way mirrors in any room therein.
801.8 No tanning facility shall be equipped with any electronic, mechanical, or artificial device used or capable of being used for recording either audio or video activities, conversations, or other sounds in tanning rooms or any other room used by customers.
802 DESIGN & INSTALLATION ─ SMOKE ALARMS
802.1 Each distinct area of a tanning facility separated by a doorway, whether or not a door is currently present, shall be equipped with at least one (1) working smoke alarm which is installed, maintained, and tested according to the District’s International Fire Code (2006 edition).
802.2 The smoke alarm shall be free of foreign matter such as tape or paint which could impair its proper function.
803 DESIGN & INSTALLATION ─ HEATING AND VENTILATION SYSTEMS*
803.1 All restrooms, locker rooms, toilet rooms, and laundry rooms shall be adequately ventilated so that excessive moisture is removed from the room. Acceptable ventilation includes mechanical exhaust ventilation, a recirculating vent, or screened windows.
803.2 Each system for heating, cooling or ventilation shall be properly maintained and operational at all times when the rooms are occupied.
803.3 Every tanning room within the facility shall have a thermometer mounted at five feet (5 ft.) above the floor. Adjacent to the thermometer shall be a sign that states:
Patrons shall not tan if room temperature is at one hundred degrees Fahrenheit (100° F) or (thirty-eight degrees Celsius (38° C)) or higher. Please report excessive heat to the operator immediately.
803.4 All restrooms, locker rooms, and toilet rooms shall be capable of being maintained at a temperature between sixty-eight degrees Fahrenheit (68° F) or (twenty degrees Celsius (20° C)) and eighty degrees Fahrenheit (80° F) or (twenty-seven degrees Celsius (27° C)) while being used by customers.
803.5 The use of portable space heaters is prohibited.
804 CONSTRUCTION & INSTALLATION ─ FLOORS, WALLS, CEILINGS, AND UTILITY LINES
804.1 Except as specified in section 806, the floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are smooth and easily cleanable, except that antislip floor coverings or applications may be used for safety reasons.
804.2 The floors in on-site laundry areas, bathrooms, locker rooms, and toilet rooms, which are next to showers or toilets, or any other wet areas shall be constructed of smooth, durable, nonabsordent and easily cleanable material.
804.3 Every concrete, tile, ceramic and vinyl floor installed in an on-site laundry area, bathrooms, restrooms, locker rooms, and toilet rooms, which are next to showers or toilets shall be coved at the junctures between the floor and the walls.
804.4 All material used to cove the junctures shall be fitted snugly to the floor and the walls so that they are water tight and there are not openings large enough to permit the entrance of vermin.
804.5 Exposed utility service lines and pipes shall be installed so they do not obstruct or prevent cleaning of the floors, walls, or ceilings.
804.6 Exposed horizontal utility service lines and pipes shall not be installed on the floor and utility service lines and pipes shall not be unnecessarily exposed.
804.7 The material used in constructing the walls and ceilings must be joined along their edges so as to leave no open spaces or cracks.
804.8 Tanning rooms shall be constructed and maintained to provide client privacy.
805 CONSTRUCTION & INSTALLATION ─ FLOORS, WALLS, CEILINGS, AND CABINETS
805.1 Whenever evidence of significant water/moisture intrusion from any source is found within or on the walls, ceilings, attic spaces, crawl spaces, floors, carpeted surfaces, ventilation ducts, insulation, or other materials or areas which may promote the growth of mold, the source of the water or moisture shall be identified and stopped to prevent or reduce mold growth.
805.2 Whenever a need arises to conduct a large-scale mold remediation affecting more than one-thousand square feet (1,000 sq. ft.) within a tanning facility, the Department shall be notified in writing of actions to be taken.
805.3 All under-the-counter cabinets shall be maintained in a clean, dry, and structurally sound condition. If the understructure becomes water damaged, the cabinets shall be replaced.
806 CLEANABILITY ─ FLOORS, WALLS, AND CEILINGS
806.1 Except as specified in section 809, the floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are smooth and easily cleanable, except that antislip floor coverings or applications may be used for safety reasons.
806.2 To facilitate cleaning, floors, workrooms, and passageways shall be kept free from protruding nails, splinters, loose boards, and unnecessary holes and openings.
807 CLEANABILITY ─ FLOORS, WALLS, CEILINGS, AND UTILITY LINES
807.1 Utility service lines and pipes shall not be unnecessarily exposed.
807.2 Exposed utility service lines and pipes shall be installed so they do not obstruct or prevent cleaning of the floors, walls, or ceilings.
807.3 Exposed horizontal utility service lines and pipes shall not be installed on the floor.
808 CLEANABILITY ─ FLOOR AND WALL JUNCTURES, COVED, AND ENCLOSED OR SEALED
808.1 Floor and wall junctures shall be coved and closed to no larger than one millimeter (1 mm.) or one thirty-second of an inch (1/32 in.).
808.2 Floor and wall junctures shall be coved and sealed.
809 CLEANABILITY ─ FLOOR CARPETING, RESTRICTIONS AND INSTALLATION
809.1 A floor covering such as carpeting or similar material shall not be installed as a floor covering in toilet room areas where handwashing sinks, toilets, or urinals are located, refuse storage rooms, or other areas where the floor is subject to moisture.
809.2 If carpeting is installed as a floor covering in areas other than those specified in subsection 809.1, it shall be:
(a) Securely attached to the floor with a durable mastic, by using a stretch and tack method, or by another similar method; and
(b) Installed tightly against the wall under the coving or installed away from the wall with a space between the carpet and the wall and with the edges of the carpet secured by metal stripping or some other means.
810 CLEANABILITY ─ FLOOR COVERING, MATS AND DUCKBOARDS
810.1 The license or manager shall inspect the premises prior to each consumer’s use to ensure that the floors are dry.
810.2 Non-absorbent and non-carpeted flooring or rubber or impervious mats shall be placed where the consumer enters and exits tanning rooms, dressing rooms, and toilet facilities. These mats shall be sanitized after each consumer’s use.
810.3 Mats and duckboards shall be designed to be removable and easily cleanable.
811 CLEANABILITY ─ WALL AND CEILING COVERINGS AND COATINGS
811.1 All walls, ceilings, doors, windows, skylights, other closures, fixtures and decorative material shall be kept clean and in good repair.
811.2 The walls of tanning rooms, restroom, locker rooms, toilet rooms, and food areas shall be smooth and easily cleanable.
811.3 In wet areas of restrooms, the walls and ceilings shall be constructed of materials and have finishes that are resistant to water.
811.4 Except in areas used only for dry storage, concrete, porous blocks, or bricks used for indoor wall construction shall be finished and sealed to provide a smooth, nonabsorbent, easily cleanable surface.
812 CLEANABILITY AND EXPOSURE ─ WALLS AND CEILINGS, ATTACHMENTS, STUDS, JOISTS, AND RAFTERS
812.1 To facilitate cleaning, floors, workrooms, and passageways shall be kept free from protruding nails, splinters, loose boards, and unnecessary holes and openings
812.2 Except as specified in subsection 812.3, attachments to walls and ceilings such as light fixtures, mechanical room ventilation system components, vent covers, wall mounted fans, decorative items, and other attachments shall be easily cleanable.
812.3 In public areas, wall and ceiling surfaces and decorative items and attachments that are provided for ambiance need not meet the requirements of subsection 812.2 if they are kept clean.
812.4 Studs, joists, and rafters shall not be exposed in areas subject to moisture.
813 PHYSICAL FACILITIES ─ MAINTENANCE, FLOORS, PUBLIC AREAS
813.1 The physical facilities shall be maintained in good repair and cleaned as often as necessary to keep them clean.
813.2 Every floor and floor covering, such as carpet, shall be kept clean and in good repair, sanitized or replaced so that it does not become a hazard to health or safety.
813.3 All public areas of a tanning facility, such as the lobbies, and merchandising and retail areas must be maintained in a clean and sanitary manner, free of litter, rubbish, and nuisances.
814 PHYSICAL FACILITIES ─ MAINTENANCE, CLEANING OF TANNING ROOMS
814.1 Once a customer is dressed or has moved on to use other amenities in the facility, the tanning room shall be prepared for the customer as follows:
(a) All used linens and garments shall be removed and placed in proper containers for laundering;
(b) Any single-use items such as used heavy white paper used to cover the tanning bed or seat of tanning booths or cabinets or vertical tanning devices shall be disposed in the proper solid waste receptacles;
(c) The tanning bed or seat of tanning booths or cabinets or vertical tanning devices shall be cleaned and sanitized, then allowed to air dry;
(d) Any tools and/or equipment that were used on the tanning bed or seat of tanning booths or cabinets or vertical tanning devices shall be removed for cleaning and sanitizing and replaced, as needed;
(e) Clean linens and/or heavy white paper shall be readily available to be offered to the next customer; and
(f) Any other cleaning or maintenance that is needed to render the tanning room ready for use shall be performed.
815 PHYSICAL FACILITIES ─ CLEANABILITY& SANITIZATION, TOWELS, ARTICLES OR EQUIPMENT
815.1 No article or equipment shall be used or offered for use by a consumer unless the article or equipment has been sanitized with an U.S. Environmental Protection Agency (EPA) registered sanitizer, including all eyewear used by the consumer.
815.2 When being used by consumers, every surface of a tanning article, equipment or device which may come in contact with a person’s body shall be cleaned and sanitized between consumers.
816 PHYSICAL FACILITIES ─ CLEANABILITY, SANITIZATION AND MAINTENANCE OF PLUMBING FIXTURES, DRESSING ROOMS, AND LOCKER ROOMS
816.1 Plumbing fixtures such as handwashing sinks, toilets, and urinals shall be cleaned as often as necessary to keep them clean and well-maintained.
816.2 All tanning facilities shall be equipped with dressing rooms and toilet facilities, which include a water closet and handwashing sinks, including hot and cold running water, pump soap, and a paper towel dispenser or equivalent hand drying equipment.
816.3 All showers, shower enclosures, shower curtains, toilets, benches, lockers, and other similar equipment shall be kept in good repair.
816.4 All bathrooms, restrooms, locker rooms, and dressing rooms shall be kept in sanitary condition and good repair.
816.5 All surfaces of showers, shower enclosures and curtains, toilets, urinals, lavatories, countertops, benches and other fixtures which may come in contact with a consumer’s body within a bathroom, restroom, or locker room shall be cleaned and sanitized each day the tanning facility is in operation.
816.6 All other surfaces of the bathrooms, restrooms, dressing rooms, and locker rooms shall be cleaned and sanitized when visibly soiled or dirty, but at least weekly.
817 PHYSICAL FACILITIES ─ STORING MAINTENANCE TOOLS
817.1 Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall be:
(a) Stored so they do not contaminate tanning equipment, devices, or supplies; and
(b) Stored in an orderly manner that facilitates cleaning the area used for storing the maintenance tools.
818 PHYSICAL FACILITIES ─ EMPLOYEE ACCOMMODATIONS, DESIGNATED AREAS
818.1 Areas designated for employees use shall be located so that equipment, devices, fixtures, linens, furnishings, garments, or other supplies are protected from contamination.
818.2 Lockers or other suitable facilities shall be located in a designated room or area where contamination of equipment, devices, fixtures, linens, furnishings, garments, or other supplies cannot occur.
819 PHYSICAL FACILITIES ─ MAINTAINING PREMISES, UNNECESSARY ITEMS AND LITTER
819.1 The grounds surrounding a tanning facility under the control of the licensee shall be kept in a clean and litter-free condition.
819.2 The methods for adequate maintenance of grounds include, but are not limited to, the following:
(a) Properly storing or removing unnecessary equipment that is nonfunctional or no longer used, removing litter and waste, and cutting weeds or grass within the immediate vicinity of the physical facility that may constitute an attractant, breeding place or harborage for pests.
(b) Maintaining roads and parking lots so that they do not constitute an attractant, breeding place or harborage for pests.
(c) Adequately draining areas that may provide a breeding place for pests.
819.3 If the tanning facility’s grounds are bordered by grounds not under the operator's control and not maintained in the manner described in subsection 819.2, care shall be exercised by the licensee through inspection, extermination, or other means to exclude pests, dirt, and filth that may become an attractant, breeding place or harborage for pests.
819.4 Methods for maintaining a sanitary operation include, by providing sufficient space for placement and storage of equipment and linens.
820 PHYSICAL FACILITIES ─ CONTROLLING PESTS*
820.1 The presence of insects, rodents, and other pests shall be controlled to minimize their presence on the premises by:
(a) Routinely inspecting the premises for evidence of pests;N
(b) Using methods, if pests are found, such as trapping devices or other means of pest control as specified in sections 1004, 1009, 1010; and
(c) Eliminating harborage conditions.N
820.2 The licensee shall maintain a copy of the establishment’s professional service contract and service schedule, which documents the following information:
(a) Name and address of its D.C. licensed pest exterminator/contractor;
(b) Frequency of pest extermination services provided under the contract; and
(c) Date pest extermination services were last provided to the establishment.
821 PHYSICAL FACILITIES ─ REMOVING DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS
821.1 Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices and the premises at a frequency that prevents the accumulation, decomposition or the attraction of pests.
822 PHYSICAL FACILITIES ─ PROHIBITING ANIMALS*
822.1 Patrol dogs accompanying police or security officers and sentry dogs running loose in outside fenced areas or dogs providing assistance to individuals with physical handicaps may be allowed in a tanning facility if the presence of the animals does not result in contamination of tanning equipment, devices, or supplies.
822.2 Fish, in an aquarium, may be allowed in a tanning facility if the aquarium is maintained in a sanitary condition.
CHAPTER 9 REFUSE, RECEPTACLES,
STORAGE AND REMOVAL
900 REFUSE FACILITIES ON PREMISES ─ INDOOR STORAGE AREA
900.1 If located within a tanning facility, storage areas for refuse shall meet the requirements specified in section 902.
900.2 Plastic bags and wet strength paper bags may be used to line receptacles for storage inside the tanning facility or within closed containers outside receptacles.
901 REFUSE FACILITIES ON PREMISES ─ OUTDOOR RECEPTACLES, ENCLOSURE, AND STORAGE SURFACE
901.1 Receptacles and waste handling units for refuse used with materials containing food residue and stored outside the tanning facility shall be designed and constructed to have tight-fitting lids, doors, or covers.
901.2 Receptacles and waste handling units for refuse and for use with materials containing food residue shall be durable, cleanable, insect- and rodent-resistant, leakproof, nonabsorbent and maintained in good repair.
901.3 If used, an outdoor enclosure for refuse shall be constructed of durable and cleanable materials and shall be located so that a public health hazard or nuisance is not created.
901.4 The outdoor walking and driving areas shall be surfaced with concrete, asphalt, or gravel, or other materials that have been effectively treated to minimize dust, facilitate maintenance, and prevent muddy conditions.
901.5 An outdoor storage surface for refuse shall be constructed of nonabsorbent material such as concrete or asphalt and shall be smooth, durable, and sloped to drain.
902 NUMBERS, CAPACITIES AND LOCATION ─ INDOOR STORAGE AREAS AND COVERED RECEPTACLES
902.1 An inside storage room and area, outside storage area and enclosure, and receptacles shall be of sufficient capacity to hold the refuse that accumulate.
902.2 A receptacle shall be provided in each area of the tanning facility where refuse is generated or commonly discarded.
902.3 If disposable towels are used at handwashing sinks, a waste receptacle shall be located at each sink or group of adjacent sinks.
902.4 A toilet room used by females shall be provided with a covered receptacle for feminine hygiene products.
903 OPERATION AND MAINTENANCE ─ RECEPTACLES, GOOD REPAIR, AND OUTSIDE STORAGE PROHIBITIONS
903.1 Storage areas, enclosures, and receptacles for refuse shall be maintained in good repair.
903.2 Refuse receptacles not meeting the requirements specified in subsection 901.2, such as receptacles that are not rodent-resistant, unprotected plastic bags and paper bags shall not be stored outside.
903.3 Cardboard or other packaging material that is awaiting regularly scheduled delivery to a recycling site may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.
904 OPERATION AND MAINTENANCE ─ STORAGE AREAS, ENCLOSURES,
LOCATION AND CLEANING
904.1 Storage areas and enclosures for refuse shall be kept clean, and maintained free of unnecessary items, as specified in section 819.
904.2 Storage areas and enclosures for receptacles and waste handling equipment shall be located at a distance from the building that minimizes the entrance of pests and other vermin.
904.3 Receptacles and waste handling units for refuse shall be thoroughly cleaned and removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions, that attract or harbor insects and rodents, and that protect against contamination of tanning equipment, devices or supplies, water, supplies, and ground surfaces.
905 REMOVAL ─ RECEPTACLES OR VEHICLES, AND FREQUENCY
905.1 The licensee shall maintain a copy of the facility’s professional service contract which documents the following information:
(a) Name and address of its District licensed trash or solid waste contractor;
(b) Duration of the contract; and
(c) Frequency of trash or solid waste collection services provided under the contract.
905.2 Trash or solid waste collection shall comply with title 21, chapter 7 of the DCMR.
CHAPTER 10 LABELING, IDENTIFICATION, AND
APPLICATIONS OF POISONOUS OR TOXIC MATERIALS
AND OPERATIONAL SUPPLIES
1000 ORIGINAL CONTAINERS ─ IDENTIFYING INFORMATION, PROMINENCE*
1000.1 Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label.
1001 WORKING CONTAINERS ─ COMMON NAME*
1001.1 Working containers used for storing poisonous or toxic materials, such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material.
1002 STORAGE ─ SEPARATION*
1002.1 Poisonous or toxic materials shall be stored and transported so they cannot contaminate equipment, devices, fixtures, linens, furnishings, garments, or other supplies by:
(a) Separating the poisonous or toxic materials by spacing or partitioning; and
(b) Storing poisonous or toxic materials to prevent contamination of equipment, devices, fixtures, linens, furnishings, garments, or other supplies.
1003 PRESENCE AND USE ─ RESTRICTION*
1003.1 Restricted-use pesticides shall be applied only by a certified applicator as defined in section 2 of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-401 (2008 Repl.)).
1003.2 Only the following toxic materials may be used in a tanning facility:
(a) Chemicals required for maintaining clean and sanitary conditions;
(b) Chemicals necessary for plant and equipment maintenance and operation; and
(c) Chemicals necessary for use in the tanning facility.
1003.3 Toxic cleaning compounds, sanitizing agents, and pesticide chemicals shall be identified, held, and stored in a manner that protects against contamination of equipment, devices, fixtures, linens, furnishings, garments, other supplies as specified in this chapter.
1004 PRESENCE AND USE ─ CONDITIONS OF USE*
1004.1 Poisonous or toxic materials shall be used according to:
(a) The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code §§ 8-401, et seq. (2008 Repl.)), and these regulations;
(b) Manufacturer's use directions included in labeling, and for a pesticide, manufacturer's label instructions that state use is allowed in a tanning facility; and
(c) The conditions of certification, if certification is required, for use of the pest control materials.
1004.2 Poisonous or toxic materials shall be applied so that:
(a) A hazard to employees or other persons is not constituted;
(b) Contamination including toxic residues due to drip, drain, fog, splash, or spray on equipment, devices, fixtures, linens, furnishings, garments, or other supplies is prevented; and
(c) For restricted-use pesticides, contamination is prevented by:
(1) Removing items listed in paragraph (b);
(2) Covering items listed in paragraph (b) with impermeable covers;
(3) Taking other appropriate preventive actions; and
(4) Cleaning and sanitizing equipment, devices, fixtures, linens, furnishings, garments, or other supplies after the application in accordance with these regulations.
1005 CONTAINER PROHIBITIONS ─ POISONOUS OR TOXIC MATERIAL CONTAINERS*
1005.1 A container previously used to store poisonous or toxic materials shall not be used to store, transport, or dispense equipment, devices, fixtures, linens, furnishings, garments, or other supplies.
1006 CHEMICALS ─ CLEANING COMPOUNDS, SANITIZERS*
1006.1 Cleaning compounds and sanitizing agents used in cleaning and sanitizing procedures shall be free from undesirable microorganisms and shall be safe and adequate under the conditions of use.
1006.2 Compliance with this requirement may be verified by effective means including, but not limited to, purchase of substances under a supplier's guarantee or certification, or examination of the substances for contamination.
1007 PESTICIDES ─ RESTRICTED USE PESTICIDES, CRITERIA*
1007.1 Restricted use pesticides shall meet the requirements specified in 40 C.F.R. § 152.170 (Criteria for restriction to use by certified applicators).
1008 PESTICIDES ─ RODENT BAIT STATIONS*
1008.1 Rodent bait shall be contained in a covered, tamper-resistant bait station.
1009 PESTICIDES ─ TRACKING POWDERS, PEST CONTROL AND MONITORING*
1009.1 A tracking powder pesticide may not be used in a tanning facility, except as specified in section 1009.2.
1009.2 If used, a nontoxic tracking powder such as talcum or flour may not contaminate equipment, devices, fixtures, linens, furnishings, garments, or other supplies.
1010 FIRST AID SUPPLIES ─ STORAGE*
1011.1 First aid supplies that are in a tanning facility for the employees' use shall be:
(a) Labeled as specified in section 1000 of these regulations; and
(b) Stored in a kit or a container that is located to prevent the contamination of equipment, devices, fixtures, linens, furnishings, garments, or other supplies.
1011 OTHER PERSONAL CARE ITEMS ─ STORAGE
1011.1 Employees shall store their personal care items in separate cabinets or storage lockers specified in subsection 818.2, except as specified in subsection 1010.1(b).
CHAPTER 11 COMPLIANCE, ENFORCEMENT
AND DEFINITIONS
1100 LICENSE REQUIREMENTS ─ PREREQUISITES FOR OPERATING, VENDING, OR MANAGING, OR TRAINING *
1100.1 No person shall own, open, or operate a tanning facility in the District without a tanning facility license issued by the Mayor.
1100.2 No person shall own, open, or operate a tanning facility in the District with an expired or suspended license.
1100.3 No person shall sell, lease, transfer, loan, assembly, certify, recertify, upgrade, install, service, or repair tanning equipment or devices in the District without a valid vendor’s license issued by the Mayor.
1100.4 No person shall engage in the business of furnishing or offering to furnish tanning equipment supplies and associated components, such as bulbs and filters in the District without a valid vendor’s license issued by the Mayor.
1100.5 No person shall own, open, or operate a tanning facility in the District without registering each piece of tanning equipment or device on the premises with the Mayor.
1100.6 No person shall own, open, or operate a tanning facility in the District without a valid U.S. Food and Drug Administration (FDA) tanning equipment registration.
1100.7 No person shall manage a tanning facility, or provide access to tanning services in the District without obtaining a valid District-issued Tanning Facility Manager Identification Card issued by the Department.
1100.8 No person shall provide formal training on tanning equipment and devices to tanning operators in the District without a valid license issued by the Department.
1101 APPLICATION PROCEDURE ─ PERIOD FOR SUBMISSION
1101.1 An applicant shall submit an application for a license at least thirty (30) calendar days before the date planned for opening a tanning facility or at least thirty (30) calendar days before the expiration date of the current license for an existing tanning facility.
1101.2 Licenses shall be valid for a two (2) year period.
1101.3 License fees shall be prorated for licenses issued after the beginning of the license period.
1102 APPLICATION PROCEDURE ─ FORM OF SUBMISSION, PROCESSING
1102.1 An applicant shall submit a written application for a license on a form provided by the Department.
1102.2 A new application shall be filed with the Department within thirty (30) days of any change in ownership or location, or facility closure as specified in subsections 1105.2 and 1105.3.
1102.3 The Department shall not process applications for a change in ownership or location where administrative actions are pending against an existing facility that has not been resolved.
1103 APPLICATION PROCEDURE ─ CONTENTS OF THE APPLICATION PACKET
1103.1 An application for a license to operate a tanning facility shall include the full name(s), true name(s) or any other name(s) used by the applicant. (Hereinafter all provisions which refer to applicants include partnerships or corporations); and the following information:
1104 DENIAL OF APPLICATION FOR LICENSE ─ NOTICE
1104.1 If an application for a license or a renewal of a license is denied, the Department shall provide the applicant with written notice that includes:
(a) The specific reasons and legal authority for denial of the license;
(b) The actions, if any, that the applicant must take to qualify for a new license or to renew a license; and
(c) Notice of the applicant’s right to a hearing and the process and timeframes for appeal as prescribed in chapter 17.
1105 ISSUANCE OF LICENSE ─ NOTICE OF OPENING, DISCONTINUANCE OF OPERATION, AND POSTING
1105.1 A tanning facility shall provide notice to the Department of its intent to operate at least thirty (30) calendar days before beginning operations.
1105.2 A tanning facility shall provide notice to the Department of its intent to shut down permanently or temporarily at least thirty (30) calendar days before discontinuing operations.
1105.3 If a tanning facility is closed for more than a thirty (30) day period, the tanning facility’s license and certificate of occupancy shall be returned to the Department and the owner shall be required to submit a new application as specified in subsection 1102.2 for the issuance of a new license prior to reopening.
1105.4 All licenses, valid Certificate of Occupancy, and current inspection reports shall be conspicuously posted within the tanning facility.
1106 ISSUANCE OF LICENSE ─ NEW, CONVERTED OR REMODELED, EXISTING OPERATIONS AND CHANGE OF OWNERSHIP OR LOCATION
1106.1 Each applicant shall submit:
(a) A properly completed application packet provided by the Department;
(b) Copies of all operating and safety procedures unique to the facility’s operation;
(c) Copies of each manufacturer’s recommended exposure schedule and the recommended supplies such as lamps and filters for each model of tanning equipment and devices;
(d) Copies of each manufacturer’s training certifications issued to each operator for successful completion of training class on the tanning equipment and devices on the premises;
(e) Copies of the maintenance records as specified in section 303 for license
renewals;
(f) Proof of payment of the application and license fees; and
(g) Proof of the Department’s review and approval of required plans and specifications as specified in section 1107, if applicable;
1106.2 If the applicant meets the qualifications as specified in subsection 1106.1 and the Department determines through its inspection as specified in section 1108 that the operation is in compliance with these regulations, the Department shall approve licensing:
(a) A new tanning facility;
(b) An existing tanning facility that has changed ownership or location; or
(c) An existing tanning facility’s license renewal.
1107 ISSUANCE OF LICENSE ─ REQUIRED PLAN REVIEWS AND APPROVALS
1107.1 A license applicant or licensee shall submit to the Department for review and approval properly prepared plans and specifications before:
(a) The construction of a tanning facility;
(b) The conversion of an existing structure for use as a tanning facility; or
(c) Major renovation, remodeling or alteration of a tanning facility if the Department determines that plans and specifications are necessary to ensure compliance with these regulations.
1107.3 Plans, specifications, an application form, and the applicable fee, shall be submitted at least thirty (30) calendar days before beginning construction, remodeling, or conversion of a facility.
1107.4 The Department shall approve the completed plans and specifications if they meet the requirements of these regulations, and the Department shall report its findings to the license applicant or licensee within thirty (30) days of the date the completed plans are received.
1107.5 Plans and specifications that are not approved as submitted shall be changed to comply or be deleted from the project.
1108 ISSUANCE OF LICENSE ─ REQUIRED INSPECTIONS, PREOPERATIONAL, CONVERSIONS AND RENOVATIONS*
1108.1 The Department shall conduct one (1) or more preoperational inspections to verify and approve that the tanning facility is constructed and equipped in accordance with plans and modifications approved by the Department as specified in section 1107; has established standard operating procedures as specified in section 300; and is in compliance with these regulations.
1109 CONDITIONS OF LICENSE RETENTION ─ RESPONSIBILITIES OF THE LICENSEE
1109.1 Upon receipt of a license issued by the Department, the licensee, in order to retain the license shall comply with subsections 1109.2 through 1109.6.
1109.2 The licensee shall post a current license, valid Certificate of Occupancy, and current inspection results in a conspicuous location within the tanning facility as specified in subsection 1105.4.
1109.3 The licensee shall comply with the provisions of these regulations and approved plans as specified in section 1107.
1109.4 The licensee shall immediately discontinue operations and notify the Department if an imminent health hazard exists as specified in section 1206.
1109.5 The licensee shall allow representatives of the Department access to its tanning facility as specified in section 1200.
1109.6 The licensee shall replace existing operating systems, equipment, devices, fixtures, or furniture that do not comply with these regulations pursuant to a documented agreement with the Department requiring the operating systems, or equipment, devices, or fixtures, furniture be replaced with an operating system, or equipment, devices, fixtures, linens, furniture that comply with these regulations, except the Department may direct the replacement of existing operating systems, or equipment, devices, fixtures, or furniture because the equipment, devices, fixtures, or furniture constitute a public health hazard or nuisance as specified in subsection 102.2.
1110.1 A tanning facility license shall not be transferred from one person to another person or from one location to another.
CHAPTER 12 INSPECTION AND CORRECTION
OF VIOLATIONS
1200 ACCESS & INSPECTION FREQUENCY ─ DEPARTMENT RIGHT OF ENTRY, DENIAL MISDEMEANOR*
1200.1 The Department shall determine a tanning facility’s compliance with these regulations by conducting on-site:
(a) Preoperational inspections;
(b) Unannounced routine annual and follow-up inspections; and
(c) Unannounced complaint generated inspections.
1200.2 After representatives of the Department present official credentials and provide notice of the purpose and intent to conduct an inspection in accordance with these regulations, the applicant, or licensee shall allow the Department access to any part, portion or area of a tanning facility.
1200.3 The Department may enter and inspect all aspects of a tanning facility, including but not limited to tanning rooms, locker rooms, bathrooms, employee lounge areas, kitchens/food service facilities, or other areas of a tanning facility for the following purpose:
(a) To determine if the tanning facility is in compliance with these regulations;
(b) To investigate an emergency affecting the public health if the tanning facility is or may be involved in the matter causing the emergency;
(c) To investigate, examine and sample or swab equipment, devices, fixtures, linens, furnishings, garments, or other supplies; and
(d) To obtain information, and examine and copy all records on the premises relating to the purchase, sale, lease, transfer, loan, assemble, certification, upgrade, installation, service, or repair of tanning equipment and devices.
1200.4 If a person denies the Department access to any part, portion, or area of a tanning facility, the Department shall inform the individual that:
(a) The applicant or licensee is required to allow access to the Department, as specified in subsections 1200.1, 1200.2, and 1200.3;
(b) Access is a condition of the receipt and retention of a license as specified in subsection 1109.5;
(c) If access is denied, an inspection order allowing access may be obtained in accordance with District law; and
(d) The Department is making a final request for access.
1200.5 If the Department presents credentials and provides notice as specified in subsection 1100.2, explains the authority upon which access is requested, and makes a final request for access as specified in subsection 1200.4(d), and the applicant, or licensee continues to refuse access, the Department shall provide details of the denial of access on the inspection report.
1200.6 If the Department is denied access to a tanning facility for an authorized purpose, after complying with subsections 1200.2 through 1200.4, the Department may:
(a) Summarily suspend a license to operate a tanning facility in accordance with section 1508;
(b) Revoke or suspend a license to operate a tanning facility in accordance with section 1513; or
(c) Request that the Office of the Attorney General for the District of Columbia commence an appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief from the court, to enforce these regulations in accordance with the Health Functions Clarification Act of 2002, effective October 3, 2001, as amended, (D.C. Law 14-28; D.C. Official Code § 7-731(b) (2008 Repl.; 2011 Supp.)).
1201 REPORT OF FINDINGS ─ DOCUMENTING INFORMATION AND OBSERVATIONS
1201.1 The Department shall document on an inspection report form:
(a) Administrative information about the tanning facility’s legal identity, street and mailing addresses, inspection date, and other information such as status of the license and personnel certificates that may be required; or other inspectional findings; and
(b) Specific factual observations of violations of these regulations that require correction by the licensee including:
(1) Nonconformance with critical items of these regulations;
(2) Failure of a licensee to correct cited violations, as specified in sections 1208 or 1210; or
(3) Failure of the licensee to ensure that operators are properly trained and have knowledge of their responsibility as specified in chapter 2.
1202 REPORT OF FINDINGS ─ SPECIFYING TIME FRAME FOR CORRECTIONS
1202.1 The Department shall specify on the inspection report form the time frame for correction of violations as specified in sections 1208 and 1210.
1203 REPORT OF FINDINGS ─ ISSUING REPORT AND OBTAINING ACKNOWLEDGMENT OF RECEIPT
1203.1 At the conclusion of the inspection, the Department shall provide a copy of the completed inspection report and the notice to correct violations to the licensee and request a signed acknowledgment of receipt. The inspection report shall contain a listing of violations by area in the operation and inspection item with corresponding citations to applicable Code provisions.
1204 REPORT OF FINDINGS ─ REFUSAL TO SIGN ACKNOWLEDGMENT
1204.1 The Department shall inform a person who declines to sign an acknowledgment of receipt of inspection findings that:
(a) An acknowledgment of receipt is not an agreement with the finding;
(b) Refusal to sign an acknowledgment of receipt will not affect the licensee’s obligation to correct the violations noted in the inspection report within the time frames specified; and
(c) A refusal to sign an acknowledgment of receipt will be noted in the inspection report for the tanning facility.
1205 REPORT OF FINDINGS ─ PUBLIC INFORMATION, RECORDS RETENTION
1205.1 The Department shall keep and maintain in-office, an active record of each inspection report, complaint, inspector’s sample reports, license suspension, and other correspondence made by any tanning facility within the District for a period of one (1) year, and as an inactive record for a period of two (2) additional years. Inactive records shall be destroyed in-house at the end of the two (2)-year inactive period.
1205.2 In the case of an audit and/or investigation, the Department shall keep all records until the audit and/or investigation has been completed.
1205.3 The Department shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided in the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code §§ 2-501, et seq. (2006 Repl.; 2011 Supp.)).
(a) Total number of licensed massage establishments and health spa facilities;
1206 IMMINENT HEALTH HAZARD ─ CEASING OPERATIONS AND EMERGENCY REPORTING*
1206.1 The 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 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 subsections 607.2 and 703.1;
(e) Operating with inadequate water pressure to any part of the tanning facility;
(f) Operating with insufficient water capacity to any part of the tanning facility in violation of subsection 607.1;
(g) Operating with a water supply that is not approved by the Department in violation of section 600;
(h) Operating with a defect or condition that exists in the plumbing system supplying potable water that may result in the contamination of the water;
(i) Operating with a sewage backup or sewage that is not disposed of in an approved and sanitary manner;
(j) 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, and/or fire suppression system;
(k) Operating with a back siphonage event;
(l) Operating with toilet and/or handwashing facilities that are not properly installed;
(m) 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;
(n) 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;
(o) Operating with equipment that by condition, design, construction or use poses an immediate risk of entrapment, fall, puncture, pinch, crush, trip, or other cause of injury;
(p) 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;
(q) Operating with any unmitigated biohazardous event that simultaneously involves more than one (1) customer, tanning room or a public area exceeding two hundred square feet (200 sq. ft.);
(r) Operating with gross insanitary occurrence or condition that may endanger public health including but not limited to an infestation of vermin;
(s) Operating with incorrect hot water temperatures that cannot be corrected during the course of the inspection in violation of subsection 703.1; or
(t) Failing to minimize the presence of insects, rodents, or other pests on the premises in violation of subsections 820.1 and 820.2.
1206.2 In addition to the imminent health hazards identified in subsection 1206.1, the Department shall summarily suspend operations if it determines through an inspection, or examination of records or other means as specified in section 1200 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 subsection 1100.1;
(b) Operating a tanning facility without a valid license in violation of subsection 1100.2;
(c) Operating a tanning facility with an expired or suspended license in violation of subsection 1100.2;
(d) Operating a tanning facility without a District-Issued Tanning Facility Manager’s Identification Card in violation of subsections 200.6 and 1100.7;
(e) Operating a tanning facility without a valid Certificate of Occupancy in violation of subsection 1105.4;
(f) Operating a tanning facility without a manager who is on duty and on the premises during all hours of operation in violation of subsection 200.2;
(g) Operating a tanning facility with six (6) or more critical violations that cannot be corrected on site during the course of the inspection;
(h) Operating a tanning facility with defective tanning equipment or devices;
(i) Operating a tanning facility without a FDA tanning equipment registration;
(j) Operating a tanning facility with an expired FDA tanning equipment registration;
(k) 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 subsection 1200.2;
(l) Hindering, obstructing, or in any way interfering with any inspector or authorized Department personnel in the performance of his or her duty; or
(m) Operating in violation of any provision specified in chapter 16.
1207 IMMINENT HEALTH HAZARD ─ RESUMPTION OF OPERATIONS
1207.1 If operations are discontinued as specified in section 1206 or otherwise according to applicable D.C. laws and regulations, the licensee shall obtain approval from the Department before resuming operations.
1207.2 The Department shall determine whether a licensee needs to discontinue operations that are unaffected by the imminent health hazard in a tanning facility as determined by the Department or other District agency.
1208 CRITICAL VIOLATIONS ─ TIME FRAME FOR CORRECTION*
1208.1 A licensee shall at the time of inspection, correct a critical violation of these regulations and implement corrective action as specified in subsection 1208.2.
1208.2 The Department may consider the nature of the potential hazard involved and the complexity of the corrective action needed and agree to specify a longer timeframe, not to exceed five (5) business days after the inspection, for the licensee to correct a critical violation of these regulations.
1208.3 Failure to correct violations in accordance with this section may subject a licensee to a condemnation order pursuant to section 1502, summary suspension of a license pursuant to section 1508, revocation or suspension of a license pursuant to section 1513, civil penalties pursuant to section 1514, and judicial remedies pursuant to section 1516.
1209 CRITICAL VIOLATION ─ VERIFICATION AND DOCUMENTATION OF CORRECTION
1209.1 After observing at the time of inspection a correction of a critical violation, the Department shall enter the violation and information about the corrective action on the inspection report.
1209.2 After receiving notification that the licensee corrected a critical violation, the Department shall verify correction of the violation, document the information on an inspection report, and enter the report in the Department's records.
1210 NONCRITICAL VIOLATIONS ─ TIME FRAME FOR CORRECTION
1210.1 The licensee shall correct noncritical violations by a date and time agreed to or specified by the Department but no later than fourteen (14) business days after the inspection, except as specified in subsection 1210.2.
1210.2 The Department may approve a compliance schedule that extends beyond the time limits specified in subsection 1210.1 if the licensee submits a written schedule of compliance and no health hazard exists or will result from allowing an extended schedule for compliance.
1210.3 Failure to correct violations in accordance with this section may result in the revocation or suspension of a license pursuant to section 1513, issuance of civil penalties pursuant to section 1514, and the imposition of judicial remedies pursuant to section 1516.
1211 REQUEST FOR REINSPECTION
1211.1 If a license is summarily suspended pursuant to section 1508 or suspended or revoked pursuant to section 1513 because of violations of these regulations, the licensee shall submit a written request for reinspection and pay the required reinspection fee.
1211.2 Upon receipt of a request for reinspection, the Department shall perform the reinspection of a tanning facility within three (3) business days of receipt of the request.
1211.3 A tanning facility shall not resume operations or remove from public view any warning or current inspection results as specified in sections 300, 301, 302.5, or subsection 1109.2 until the Department has reinspected the tanning facility and certified that it is in compliance with these regulations.
CHAPTER 13 PREVENTION OF HEALTH HAZARDS
1300 PREVENTING HEALTH HAZARDS ─ PROVISION FOR CONDITIONS NOT ADDRESSED
1300.1 If necessary to protect against public health hazards or nuisances, the Department may impose specific requirements in addition to the requirements contained in these regulations that are authorized pursuant to An Act To authorize the Commissioners of the District of Columbia to make regulations to prevent and control the spread of communicable and preventable diseases, approved August 11, 1939 (53 Stat. 1408; D.C. Official Code §7-131 (2008 Repl.; 2011 Supp.)).
1300.2 The Department shall document the conditions that necessitate the imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to a license applicant or licensee and a copy shall be maintained in the Department's file.
1301 INVESTIGATION AND CONTROL ─ OBTAINING INFORMATION, ILLNESSES, EXCLUSION, REFERRAL
1301.1 When the Department has probable cause to believe that a licensee, manager, or employee of a tanning facility is suspected of transmitting a contagious disease; is infected with a disease in a communicable form that is transmissible through bloodborne or skin pathogen; is a carrier of an infectious agent that causes a disease that is transmissible through bloodborne or skin pathogen; or is affected with a boil, an infected wound, or acute respiratory infection, as specified in subsection 1300.1, the Department shall:
(a) Secure a confidential medical history of a licensee, manager, or employee suspected of transmitting a contagious disease or making other investigations as deemed appropriate; and
(b) Require appropriate medical examinations, including collection of specimens for laboratory analysis, of a suspected licensee, manager, or employee.
1301.2 If the Department has reasonable suspicion that a disease has been transmitted by a licensee, or employee in the course of using a tanning bed or seat, or tanning booth or cabinet or vertical tanning device, the Department shall conduct an investigation or examination as appropriate and take action as needed to protect and preserve the public health as specified in subsection 1300.1 to ensure the following:
(a) Exclusion of the employee from the tanning facility as specified in chapter 4; or
(b) The immediate closure of the tanning facility as specified in section 1302.
1302 INVESTIGATION AND CONTROL ─ RESTRICTION OR EXCLUSION OF LICENSEE, MANAGER, EMPLOYEE, OR SUMMARY SUSPENSION OF LICENSE
1302.1 Based on the findings of an investigation related to a licensee, manager, or employee who is suspected of being infected or diseased, or a carrier of an infectious agent
which causes a disease that is transmissible through bloodborne or skin pathogens, or acute respiratory infection the Department may issue an order to the suspected licensee, manager, employee or instituting one (1) or more of the following control measures:
(a) Restricting the licensee, manager, or employee;
(b) Excluding the licensee, manager, or employee; or
(c) Closing the tanning facility by summarily suspending a license to operate in accordance with these regulations.
1303 INVESTIGATION AND CONTROL ─ RESTRICTION OR EXCLUSION ORDER
1303.1 Based on the findings of the investigation as specified in section 1301 and to control disease transmission, the Department may issue an order of restriction or exclusion to a suspected licensee, manager, or employee without prior warning, notice of a hearing, or a hearing if the order:
(a) States the reasons for the restriction or exclusion that is ordered;
(b) States the evidence that the licensee, manager, or employee shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated;
(c) States that the suspected licensee, manager, or employee may request a hearing by submitting a timely request as specified in chapter 17; and
(d) Provides the name and address of the Department representative to whom a request for a hearing may be made.
1304 INVESTIGATION AND CONTROL ─ REMOVAL OF EXCLUSIONS AND RESTRICTIONS
1304.1 The Department shall release a licensee, manager, or employee from restriction or exclusion as specified in section 406.
CHAPTER 14 NOTICES
1400 SERVICE OF NOTICE ─ PROPER METHODS
1400.1 A notice issued in accordance with section 3102 of title 16 of the District of Columbia Municipal Regulations and these regulations shall be deemed properly served if it is served by one (1) of the following methods:
(a) The notice is personally served by the Department, a law enforcement officer, or person authorized to serve civil process and service is made to the licensee, or person operating a tanning facility without a license;
(b) The notice is sent by the Department to the last known address of the licensee, or person operating a tanning facility without a license, or by other public means so that a written acknowledgment of receipt may be acquired; or
(c) For civil infraction penalties, the notice is provided by the Department in accordance with the procedures stated in section 3102 of title 16 of the District of Columbia Municipal Regulations.
1401 SERVICE OF NOTICE ─ RESTRICTION OR EXCLUSION, CONDEMNATION, OR SUMMARY SUSPENSION ORDERS
1401.1 An employee restriction or exclusion order, condemnation order or a summary suspension order shall be:
(a) Served as specified in subsection 1400.1(a); or
(b) Clearly posted by the Department at a public entrance to the tanning facility and a copy of the notice sent by first class mail to the licensee, or manager of a tanning facility, as appropriate.
1402 SERVICE OF NOTICE ─ WHEN NOTICE IS EFFECTIVE
1402.1 Service is effective at the time of the notice's receipt as specified in subsection 1401.1(a), or if service is made as specified in subsection 1401.1(b) at the time of the notice's posting.
1403 SERVICE OF NOTICE ─ PROOF OF PROPER SERVICE
1403.1 Proof of proper service may be made by certificate of service signed by the person making service or by admission of a return receipt, certificate of mailing, or a written acknowledgment signed by the licensee, or the person operating a tanning facility without a license or an authorized agent.
CHAPTER 15 REMEDIES
1500 CRITERIA FOR SEEKING REMEDIES ─ CONDITIONS WARRANTING REMEDY
1500.1 The Department may seek an administrative or judicial remedy to achieve compliance with the provisions of these regulations if a licensee, or person operating a tanning facility, or employee:
(a) Fails to have a valid license as specified in subsections 1100.1 and 1100.2;
(b) Fails to pay the required fee as specified in subsection 1106.1(f);
(c) Violates any term or condition of a license as specified in section 1109;
(d) Fails to allow the Department access to a tanning facility as specified in section 1200;
(e) Fails to comply with directives of the Department including time frames for corrective actions specified in inspection reports, orders, or warnings issued by the Department as specified in sections 1208 and 1210;
(f) Fails to comply with a condemnation order as specified in this chapter;
(g) Fails to comply with a summary suspension order by the Department as specified in this chapter;
(h) Fails to comply with an order issued as a result of an administrative hearing;
(i) For any material false statement in the application for licensure;
(j) For falsification or alteration of records required to be kept by these regulations; or
(k) For conditions revealed by the application or any report, records, inspection or other means which would warrant the Department refusal to grant a new license.
1500.2 The Department may simultaneously use one or more of the remedies listed in this chapter to address a violation of these regulations.
1501 ADMINISTRATIVE ─ EXAMINING, SAMPLING, AND TESTING OF EQUIPMENT, FURNITURE, DEVICES, FIXTURES, LINENS, AND FURNISHINGS
1501.1 The Department may examine, collect samples, without cost, and test as necessary to determine compliance with these regulations.
1502 ADMINISTRATIVE ─ CONDEMNATION ORDER, JUSTIFYING CONDITIONS AND REMOVAL OF EQUIPMENT OR DEVICES
1502.1 A duly authorized agent of the Department may condemn and forbid the sale of, or cause to be removed and destroyed, any equipment, or device found in a tanning facility the use of which does not comply with these regulations, or that is being used in violation of these regulations, or that because of dirt, filth, extraneous matter, corrosion, open seams, or chipped or cracked surfaces is unfit for use.
1503 ADMINISTRATIVE ─ CONDEMNATION ORDER, CONTENTS
1503.1 The condemnation order shall:
(a) State that the equipment, devices, fixtures, linens, furnishings, garments, or other supplies subject to the order may not be used, sold, moved from the tanning facility, or destroyed without a written release of the order from the Department;
(b) State the specific reasons for placing the equipment, devices, fixtures, linens, furnishings, garments, or other supplies under the condemnation order with reference to the applicable provisions of this Code and the hazard or adverse effect created by the observed condition;
(c) Completely identify the equipment, devices, fixtures, linens, furnishings, garments, or other supplies subject to the condemnation order by the common name, the label or manufacturer's information, description of the item, the quantity, the Department's tag or identification information, and location;
(d) State that the licensee has the right to a hearing and may request a hearing by submitting a timely request in accordance with chapter 17, which request does not stay the Department’s imposition of the condemnation order;
(e) State that the Department may order the destruction, replacement or removal of equipment, devices, fixtures, linens, furnishings, garments, or other supplies if a timely request for a hearing is not received; and
(f) Provide the name and address of the Department representative to whom a request for a hearing may be made.
1504 ADMINISTRATIVE ─ CONDEMNATION ORDER, OFFICIAL TAGGING OR MARKING OF EQUIPMENT OR DEVICES
1504.1 The Department shall place a tag, label, or other appropriate marking to indicate the condemnation of equipment, devices, fixtures, linens, furnishings, garments, or other supplies that does not meet the requirements of these regulations.
1504.2 The tag or other method used to identify the equipment, devices, fixtures, linens, furnishings, garments, or other supplies that is the subject of a condemnation order shall include a summary of the provisions specified in section 1503 and shall be signed and dated by the Department.
1505 ADMINISTRATIVE ─ CONDEMNATION ORDER, EQUIPMENT, DEVICES AND FURNISHING RESTRICTIONS
1505.1 Equipment, devices, fixtures, linens, furnishings, garments, or other supplies that are subject to a condemnation order may not be used, sold, moved, or otherwise destroyed by any person, except as specified in subsection 1506.2.
1506 ADMINISTRATIVE ─ CONDEMNATION ORDER, REMOVING THE OFFICIAL TAG OR MARKING
1506.1 No person shall remove the tag, label, or other appropriate marking except under the direction of the Department as specified in subsection 1506.2.
1506.2 The Department shall issue a notice of release from a condemnation order and shall remove condemnation tags, labels, or other appropriate markings from tanning equipment, devices, fixtures, linens, furnishings, garments, or other supplies if:
(a) The condemnation order is vacated; or
(b) The licensee obtains authorization from the Department to discard the tanning equipment, devices, fixtures, linens, furnishings, garments, or supplies in question.
1507 ADMINISTRATIVE ─ CONDEMNATION ORDER, WARNING OR HEARING NOT REQUIRED
1507.1 The Department may issue a condemnation order to a licensee, or to a person who owns or controls the equipment, devices, fixtures, linens, furnishings, garments, or other supplies as specified in section 1501, without prior warning, notice of a hearing, or a prior hearing on the condemnation order.
1507.2 The licensee shall have the right to request a hearing within fifteen (15) business days of receiving a Department condemnation order. The Department shall hold a hearing within seventy-two (72) hours of receipt of a timely request, and shall issue a decision within seventy-two (72) hours after the hearing. The request for a hearing shall not act as a stay of the condemnation action.
1508 ADMINISTRATIVE ─ SUMMARY SUSPENSION OF LICENSE, CONDITIONS WARRANTING ACTION
1508.1 The Department may summarily suspend a license to operate a tanning facility if it is denied access to the tanning facility to conduct an inspection, or determines through an inspection, or examination of operators, employees, records, or other means as specified in the regulations, that an imminent health hazard exists.
1509 ADMINISTRATIVE ─ CONTENTS OF SUMMARY SUSPENSION NOTICE
1509.1 A summary suspension notice shall state:
(a) That the license of a tanning facility is immediately suspended and that all operations shall immediately cease;
(b) The reasons for summary suspension with reference to the provisions of this Code that are in violation;
(c) The name and address of the Department representative to whom a written request for reinspection may be made and who may certify that reasons for the suspension are eliminated; and
(d) That the licensee may request a hearing by submitting a timely request in accordance with section 1510, which request does not stay the Department's imposition of the summary suspension.
1510 ADMINISTRATIVE ─ SUMMARY SUSPENSION, WARNING OR HEARING NOT REQUIRED
1510.1 The Department may summarily suspend a license as specified in section 1508 by providing written notice as specified in section 1509 of the summary suspension to the licensee, without prior warning, notice of a hearing, or prior hearing.
1510.2 The licensee shall have the right to request a hearing within fifteen (15) business days after receiving the Department’s summary suspension notice. The Department shall hold a hearing within seventy-two (72) hours of receipt of a timely request, and shall issue a decision within seventy-two (72) hours after the hearing. The request for a hearing shall not act as a stay of the summary suspension.
1511 ADMINISTRATIVE ─ SUMMARY SUSPENSION, TIME FRAME FOR REINSPECTION
1511.1 After receiving a written request from the licensee stating that the conditions cited in the summary suspension order no longer exist, the Department shall conduct a reinspection of the tanning facility for which the license was summarily suspended within three (3) business days of receiving the request.
1512 ADMINISTRATIVE ─ SUMMARY SUSPENSION, TERM OF SUSPENSION, REINSTATEMENT
1512.1 A summary suspension shall remain in effect until the conditions cited in the notice of suspension no longer exist and the Department has confirmed, through re-inspection or other appropriate means that the conditions cited in the notice of suspension have been eliminated.
1513 ADMINISTRATIVE ─ REVOCATION OR SUSPENSION OF LICENSE
1513.1 Failure to comply with any of the provisions of these regulations shall be grounds for the revocation or suspension of any license issued to a tanning facility pursuant to the Health Functions Clarification Act of 2002, effective October 3, 2001, as amended, (D.C. Law 14-28; D.C. Official Code § 7-731(b)) (2008 Repl.; 2011 Supp.). When there is a history of repeated violations or where a license has been previously suspended, the Department may revoke a license, upon a showing of a subsequent violation.
1513.2 Before the Department revokes or suspends a license, the licensee shall be given an opportunity to answer and to be heard on the violations.
1514 ADMINISTRATIVE ─ CIVIL PENALTIES
1514.1 Civil fines, penalties, or related costs may be imposed against any tanning facility licensee for violation of any provision of these regulations.
1514.2 The Department may impose penalties for violations of any provision of these regulations not to exceed ten thousand dollars ($10,000) for each violation. Each day of any failure to comply with these regulations shall constitute a separate offense and the penalties prescribed in this section shall apply to each separate offense in accordance with the Health Functions Clarification Act of 2002, effective October 3, 2001, as amended, (D.C. Law 14-28; D.C. Official Code § 7-731(b) (2008 Repl.; 2011 Supp.)).
1515 ADMINISTRATIVE ─ CIVIL PENALTIES, NOTICES OF VIOLATION OR INFRACTIONS
1515.1 The notice of violation shall state the nature of the violation and allow a reasonable time for performance of the necessary corrective action.
1515.2 If a person fails to comply with the time stated in the notice of violation issued pursuant to this section, the Department shall issue a proposed compliance order, or a proposed cease and desist order, which shall include a statement of the nature of the violation, afford the right to a hearing, allow a reasonable time for compliance with the order, and state any penalties to be assessed for failure to comply with the order.
1516 JUDICIAL ─ CRIMINAL PENALTIES, INJUNCTIVE RELIEF, OR IMPRISONMENT
1516.1 Any person who knowingly violates any provision of these regulations shall, upon conviction, be punished by a fine not to exceed ten thousand dollars ($10,000), imprisonment not to exceed one (1) year, or both, for each violation. Each day of any failure to comply with these regulations shall constitute a separate offense and the penalties prescribed in this section shall apply to each separate offense in accordance with the Health Functions Clarification Act of 2002, effective October 3, 2001, as amended, (D.C. Law 14-28; D.C. Official Code § 7-731(b) (2008 Repl.; 2011 Supp.)).
CHAPTER 16 PROHIBITED CONDUCT
AND ACTIVITIES
1600 PROHIBITED CONDUCT ─ ADVERTISEMENT, POSTING
1600.1 No person shall state or imply that any activity conducted by such person or such person’s facility has been approved by the Department.
1600.2 No person or facility shall advertise or promote tanning services without the tanning facility’s name, address, telephone number, and license number on the advertisement.
1600.3 No person shall indicate in any advertisement or posting that such person’s tanning equipment is safe or free of hazards from ultraviolet radiation, including but not limited to statements such as “no burning”, “no harmful rays”, “no adverse affects”, “safe tanning”, “healthy”, or similar wording of concepts.
1600.4 No person shall claim in any advertisement or posting any medical or health benefits from such person’s tanning equipment or devices, nor imply use tanning services as a medical treatment.
1600.5 No person or facility shall advertise or promote tanning packages labeled as “unlimited”.
1600.6 No person shall promote in any advertisement or posting tanning exposure times, number of visits per week, or spacing of visits in excess of those in accordance with the manufacturer’s recommended exposure schedule.
1600.7 No person or facility shall advertise or promote tanning services with nude images, images of scantily clad persons, vulgarity, or with any sexual overtones.
1600.8 No person or facility shall advertise or promote tanning services that are misleading in any way.
1601 PROHIBITED ACTIVITIES*
1601.1 No person in a tanning facility shall expose his or her own genitals, buttocks, chest or breasts, or any portion thereof, or cause to be exposed another person’s genitals, buttocks, chest or breasts, or any portion thereof of another person to a customer or other person.
1601.2 No tanning facility shall employ, in any capacity, any person who is under eighteen (18) years of age.
1601.3 No massage therapy shall be performed on a customer under eighteen (18) years of age without a medical referral and/or a Parental Authorization Form.
1601.4 No alcoholic beverages shall be served in a tanning facility.
1601.5 No person shall enter or remain in any part of a tanning facility while in possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The licensee shall not permit any such person to enter or remain upon the premises.
CHAPTER 17 HEARING ADMINISTRATION
1700 ADMINISTRATIVE ─ NOTICE, REQUEST FOR HEARING, BASIS, AND TIME FRAME
1700.1 A person who receives a notice of hearing for an administrative remedy as specified in this chapter and elects to respond to the notice shall file a response to the notice within seven (7) calendar days after service.
1700.2 In response to an adverse administrative action, a licensee may submit a written request for a hearing to the Department within fifteen (15) calendar days of the receipt of notice of adverse action.
1700.3 A hearing request shall not stay the Department's restriction or exclusion of employees specified in sections 1301 and 1302, a condemnation order as specified in section 1502, or the imposition of a summary suspension as specified in section 1508.
1701 ADMINISTRATIVE ─ HEARINGS ADMINISTRATION – CONTENTS OF RESPONSE TO HEARING NOTICE, OR HEARING REQUEST
1701.1 A response to a hearing notice shall be in writing and contain the following:
(a) An admission or denial of each allegation of fact;
(b) A statement as to whether the respondent waives the right to a hearing;
(c) A statement of defense, mitigation, or explanation concerning any allegation of fact if any;
(d) A request to the Department for a settlement of the proceeding by consent agreement (if the Department provides this opportunity); and
(e) The name and address of the respondent’s legal counsel, if any.
1701.2 A request for hearing shall be in writing and contain the following:
(a) An admission or denial of each allegation of fact;
(b) A statement of defense, mitigation, denial, or explanation concerning each allegation of fact; and
(c) The name and address of the requester’s legal counsel, if any.
1702 ADMINISTRATIVE ─ HEARINGS ADMINISTRATION, TIMELINESS
1702.1 The Department shall afford a hearing within seventy-two (72) hours after receiving a written request for a hearing from:
(a) A licensee or person who is subject to a condemnation order as specified in section 1502; or
(b) A person whose license is summarily suspended as specified in section 1508.
1702.2 A licensee or person who submits a request for a hearing as specified in subsection 1702.1 may waive the expedited hearing in a written request to the Department.
CHAPTER 18 JUDICIAL REVIEW
1800 JUDICIAL REVIEW ─ APPEALS
1800.1 Any person aggrieved by a final order or decision of the Department may seek judicial review in accordance with the Health Functions Clarification Act of 2002, effective October 3, 2001, as amended (D.C. Law 14-28; D.C. Official Code § 7-731(b) (2008 Repl.; 2011 Supp.)).
CHAPTER 19 RESERVED
CHAPTER 99 DEFINITIONS
9900 GENERAL PROVISIONS
9900.1 The terms and phrases used in this title shall have the meanings set forth in this Chapter, unless the text or context of the particular chapter, section, subsection, or paragraph provides otherwise.
9901 DEFINITIONS
9901.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed:
Consent – the parent or legal guardian appears in person at the minor’s initial use of an ultraviolet tanning equipment or devices within a consecutive twelve (12)-month period and signs a written authorization form in the presence of the owner or an employee of the facility. The minor’s parent or legal guardian may withdraw this authorization at any time. Unless so withdrawn, this consent shall be valid for twelve (12) months from the date the written authorization form is signed and may be renewed annually in accordance with this paragraph. This written authorization form required by this paragraph shall state that the parent or legal guardian has read and understood the warnings given by the tanning facility, consents to the minor’s use of the ultraviolet tanning equipment or devices, and agrees that the minor will use the protective eyewear that the tanning facility provides.
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 this Code 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 this Code 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. The operator must be eighteen (18) years of age or older and has received training through a program recognized by the Department in the safe operation of tanning devices, controls the length of the exposure to UV light, and instructs the consumer in the proper use of the device. The term “operator” includes any individual who conducts one (1) or more of the following activities:
(a) Determines consumers’ skin type;
(b) Determines the suitability for use of a tanning device by prospective consumers;
(c) Informs the consumer of the dangers of ultraviolet radiation exposure, including photoallergic reactions and photosensitizing reactions;
(d) Determines consumer use of potentially photosensitizing agents;
(e) Assures the consumer reads and properly signs all forms required by this Code;
(f) Reviews, signs, and ensures required documentation is completed for minors or illiterate or visually impaired consumers;
(g) Maintains required consumer exposure records;
(h) Recognizes and reports consumer actual or alleged ultraviolet radiation injuries to the licensee;
(i) Determines the consumers’ exposure schedule, to include exposure time, spacing of visits, number of allowed visits per week and maximum exposure time in minutes, in accordance with the applicable manufacturers’ recommended exposure schedule;
(j) Instructs the consumer in the proper use of protective eyewear; and
(k) Sets timers which control the duration of exposure.
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 and/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 tanning or 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.
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 or the Department approved alternate exposure schedule.
Vendor – any person or persons providing tanning equipment installation, servicing, and/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, 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 equipment operators and service personnel.
All persons wishing to comment on these proposed rules should submit written comments no later than thirty (30) days after the date of publication of this notice in the D.C. Register, to the Office of the General Counsel, Department of Health, 899 North Capitol Street, N.E., Room 547, Washington, D.C. 20002. Copies of the proposed rules may be obtained from the above address, excluding weekends and holidays.