59.1-310.5 - Operational requirements.
§ 59.1-310.5. Operational requirements.
A. A tanning facility shall have an operator present during operating hours.The operator shall be sufficiently knowledgeable in the correct operation ofthe tanning devices used at the facility and shall inform and assist eachcustomer in the proper use of the tanning device.
B. The owner or his designee shall identify the skin type of the customerbased on the Fitzpatrick scale, document the skin type of the customer, andadvise the customer of the customer's maximum time of recommended exposure inthe tanning device.
C. Before each use of a tanning device, the operator shall provide thecustomer with properly sanitized protective eyewear that protects the eyesfrom ultraviolet radiation and allows adequate vision to maintain balance.The operator shall not allow a person to use a tanning device if that personhas not been provided protective eyewear. The operator shall also instructeach customer how to use suitable physical aids, such as handrails andmarkings on the floor, to maintain proper exposure distance as recommended bythe manufacturer of the tanning device.
D. After each use of a tanning device, the owner or his designee shall cleanthe device with a cleaner or sanitizer capable of killing bacteria from anyprevious use.
E. The tanning facility shall use a timer with an accuracy of at least plusor minus ten percent of any selected time interval. The facility shall limitthe exposure time of a customer on a tanning device to the maximum exposuretime recommended by the manufacturer. The facility shall control the interiortemperature of a tanning device so that it may not exceed 100 degreesFahrenheit.
F. Either each time a customer uses a tanning facility or each time a personexecutes or renews a contract to use a tanning facility, the person shallsign a written statement acknowledging that the person has read andunderstood the required warnings before using the device and agrees to usethe protective eyewear that the tanning facility provides.
G. The owner shall be responsible for ensuring that each customer using thetanning facility is of legal age to do so.
H. A tanning facility shall not claim, or distribute promotional materialthat claims that the use of a tanning device is safe, is without risk, orwill result in medical or health benefits.
(1990, c. 776; 2007, c. 575.)