Section SPS 220.10 - Duties of the owner The owner of a tanning facility shall ensure that all of the following requirements are fulfilled:
(1) No customer under 16 years of age may be permitted to use a tanning device.(2) During operating hours there shall be present at the tanning facility, in the tanning area, a trained operator who is able to inform customers about the tanning devices and assist customers in the proper use of the tanning devices. Training of the operator shall include: (a) The requirements of this chapter.(b) Procedures for correct operation of tanning devices.(c) Recognition of injury and overexposure.(d) Manufacturer's procedures for operation and maintenance of the tanning equipment.(e) Determination of the customer's skin type using the skin types outlined in Appendix A of this chapter, and appropriate spacing of sequential exposures and maximum exposure times as recommended by the device manufacturer.(f) Knowledge of potential photosensitizing agents.(g) Procedures for sanitizing protective eyewear and tanning equipment.(h) Emergency procedures in case of injury.(3) Each tanning device shall be properly sanitized after each use with sanitizing agents approved by the manufacturer of the tanning device as safe and effective.(4) Each customer, before he or she begins using a tanning device, shall be provided with properly sanitized and securely fitting protective eyewear that protects the wearer's eyes from ultraviolet radiation and allows enough vision to maintain balance. The eyewear shall meet the requirement of 21 CFR 1040.20(c) (4).(5) A customer shall not be permitted to use a device unless the customer uses protective eyewear.(6) For stand-up booths, there shall be physical barriers or other means such as handrails or floor markings to indicate the proper exposure distance between ultraviolet source and the customer's skin. Customers shall be shown how to use these aids. Access to a booth shall be of rigid construction. Doors shall open outwardly. Handrails and non-slip floor covering shall be provided.(7) A timing device shall be provided for each tanning device that is accurate to within 10% of the maximum exposure. If the timing device is token operated, no customer may be issued more tokens than is required for that session.(8) Each tanning device shall be equipped with a mechanism that allows the customer to turn the tanning device off when the customer is using the device.(9) A customer shall be limited to the maximum exposure time recommended by the manufacturer for the type of tubes, bulbs or lamps in the device.(10) A customer shall not be permitted to use a tanning device more than once every 24 hours.(11) The temperature shall not exceed 100º F in the room in which the tanning device is located.(12) A customer's statement of agreement required under s. 463.25(10) (a), Stats., shall be retained for 3 years or until the customer signs a new statement.(13) Only tanning equipment manufactured in accordance with the specifications set forth in 21 CFR 1040.20 may be used in tanning facilities.(14) Protective acrylic sheets shall be in place when a tanning device is in use, except that the protective acrylic may be sleeves over the lamps in the upper portion of a device or over lamps in booth devices.Wis. Admin. Code Department of Safety and Professional Services SPS 220.10
Renumbered from DHS 161.10, Cr. Register, June, 1993, No. 450, eff. 7-1-93; correction in (12) made under s. 13.92(4) (b) 7, Stats., Register January 2009 No. 637; correction in (12) made under s. 13.92(4) (b) 7, Stats., Register December 2015 No. 720, eff.1/1/2016