As used in Chapter 4713-19 of the Administrative Code:
(A) An "attendant" means any
employee designated by the permit holder for the facility to assist with the
cleaning, sanitation and disinfection of all equipment, items and the floors
around the sunlamp equipment.
(B)
(A) A "certified
operator" means an employee of a tanning facility who has successfully
completed and successfully passed, with a minimum score of seventy-five per
cent, a board -approved training course and holds
a board -approved and
provided
tanning operator certificate.
An attendant, who is under the age of eighteen,
shall be under the immediate supervision of a certified operator, who is at
least eighteen years of age.
(B)
"Chemical
tanning" means the application of chemicals to the skin to provide a tanned
appearance without exposure to ultraviolet radiation, and includes chemical
applications commonly referred to as spray-on, mist-on, or sunless
tans.
(C)
"Chemical tanning booth" means an automated, electronic
product that applies chemicals to the skin to provide a tanned appearance
without exposure to ultraviolet radiation.
(D)
"Chemical
airbrush" means an air-operated tool used by an individual to apply chemicals
to the skin to provide a tanned appearance without exposure to ultraviolet
radiation.
(C)
(E) "Consumer" or "individual" means any member of the
public who is seeking to use a tanning facility for
free or in exchange for a fee or other compensation
or any individual, who is afforded use of a tanning
facility as a condition or benefit of membership or access;
(D)
(F)
"Formal training" means a course of instruction approved by the board
that is conducted or presented
under either classroom conditions
in person, via internet,
or through a correspondence course by a company
employing persons possessing adequate knowledge and experience to offer a
curriculum, associated training and certification testing pertaining to and
associated with the correct use of tanning
equipment
sunlamp products. Training
shall cover ultraviolet radiation and effects on the skin, photosensitivity,
skin typing, FDA and state regulation
regulations, eye protection, and equipment
and maintenance. A "trainee" is an individual enrolled in an approved course
of instruction.
(E)
(G) "Other
compensation" means the payment or exchange of goods, services, or anything of
value for use of the tanning facility or facilities,
including afforded use as a condition or benefit of membership or
access;
(F)
(H) "Sunlamp product" means any electronic product
designed to incorporate one or more ultraviolet lamps and intended for
irradiation of any part of the living human body
,
by
the production and transfer of
ultraviolet radiation with wavelengths in air between two hundred and four
hundred nanometers, to induce skin tanning.
A
sunlamp product is used for tanning human skin, but shall not be a light based
medical device used for medical purposes. The term sunlamp product
includes within its definition the terms "tanning booth" or "tanning bed."
Sunlamp products are regulated by the food and drug
administration, as set forth in 21 CFR part, 1040, Section 1040.20(b)(9)
revised as of April 1, 2012 and cited as 21 CFR 1040.20 .
(1) "Tanning Booth" means
an enclosure fitted with ultraviolet
lamps
a sunlamp product in which an
individual seeking to use stands.
(2) "Tanning Bed" means a
structure fitted with ultraviolet
lights
sunlamp product in which an
individual reclines.
(G) "Tanning equipment" means
sunlamp products, and ultraviolet lamps or any other mechanisms used intended
to induce skin tanning through the irradiation of any part of the living human
body;
(H) "Tanning facilities"has the same
meaning as "tanning facility" as defined under section 4713.01 of the Revised
Code;
(I)
"Ultraviolet radiation" for purposes of this chapter
shall be referred to as follows:
includes UVA (ultraviolet A), UVB (ultraviolet B), and UVC
(ultraviolet C).
(1) "UVA (ultraviolet A) radiation"
means radiation in the wavelength between three hundred twenty to four hundred
nanometers (one-billionth).
(2) "UVB (ultraviolet B) radiation"
means radiation in the wavelength between two hundred eighty to three hundred
twenty nanometers (one-billionth).
(3) "UVC (ultraviolet C) radiation"
means radiation in the wavelength between two hundred and two hundred eighty
nanometers (one-billionth).
(J) "Tanning Operator's
operator
Certificate
certificate" means a certificate issued by an
authorized provider to each person who successfully completes
and passes the tanning test following a
formal training course. A tanning operator
certificate
and is valid for four
years from the date of issuance. Certificates issued
by subsequently approved authorized providers prior to the commencement of this
requirement shall also be valid.
(K) "Visible light" means the application of
light rays in the visible spectrum to the skin for cosmetic purposes.
(L) "Skin typing" means a numerical
classification of skin to determine the length of exposure to UVA and UVB
lights.
Notes
Ohio Admin. Code
4713-19-02
Five Year Review (FYR) Dates:
5/10/2023 and
05/08/2028
Promulgated
Under: 119.03
Statutory
Authority: 4713.08(A)(20),
4713.08(A)(17)
Rule Amplifies:
4713.01,
4713.50,
4713.49,
4713.48
Prior
Effective Dates: 12/17/1989, 01/26/1997, 08/01/1999, 04/01/2001, 01/17/2002,
11/01/2013, 10/10/2015, 02/16/2018
Effective: 2/16/2018
Five Year Review
(FYR) Dates: 11/30/2017 and
02/16/2023
Promulgated
Under: 119.03
Statutory Authority: 4713.08(A)(20),
4713.08(A)(17)
Rule Amplifies: 4713.01, 4713.50, 4713.49,
4713.48
Prior Effective Dates: 12/17/1989, 1/26/1997, 8/1/1999,
4/1/2001, 1/17/2002, 11/1/2013,
10/10/2015
