Chapter SPS 220

Chapter SPS 220

TANNING FACILITIES

SPS 220.01   Authority and purpose.

SPS 220.02   Applicability.

SPS 220.03   Definitions.

SPS 220.04   Permit requirements.

SPS 220.045   Permit expiration.

SPS 220.05   Advertising.

SPS 220.06   Public information.

SPS 220.07   Warning sign.

SPS 220.08   Lamp replacement.

SPS 220.09   Liability.

SPS 220.10   Duties of the owner.

SPS 220.11   Reports of injury.

SPS 220.12   Denial, suspension or revocation of permit.

Ch. SPS 220 Note Note: Chapter HFS 161 was created as an emergency rule effective November 1, 1992. Chapter HSS 161 was renumbered chapter HFS 161 under s. 13.93 (2m) (b) 1., Stats., and correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1997, No. 502. Chapter HFS 161 was renumbered chapter DHS 161 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. Chapter DHS 161 was renumbered chapter SPS 220 under s. 13.92 (4) (b) 1., Stats., Register December 2015 No. 720.

SPS 220.01 SPS 220.01 Authority and purpose. This chapter is promulgated under the authority of s. 463.25 (2) (b) and (12), Stats., to regulate the use of tanning devices in the interests of helping prevent injury and skin cancer caused or promoted by ultraviolet radiation emitted by tanning devices. The standards in this chapter conform generally to nationally accepted standards for protection against the harmful effects of ultraviolet radiation.

SPS 220.01 History History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; correction made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.

SPS 220.02 SPS 220.02 Applicability. This chapter applies to all persons who possess or operate tanning devices available to the public for the purpose of artificial light skin tanning, including those offered for use as part of a membership or premium offer in a health club, condominium ownership, apartment complex activity center, hotel or motel room rental.

SPS 220.02 History History: Cr. Register, June, 1993, No. 450, eff. 7-1-93.

SPS 220.03 SPS 220.03 Definitions. In this chapter:

SPS 220.03(1) (1) “Applicant” means any person who applies to the department for a permit to operate a tanning facility.

SPS 220.03(2) (2) “Customer” means 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 benefit of membership in or access to a health club, condominium ownership, apartment complex activity center, hotel or motel room rental or other offer.

SPS 220.03(3) (3) “Department” means the department of safety and professional services.

SPS 220.03(4) (4) “Operator” means an individual designated by the permit holder to manage the tanning facility and to assist and instruct the public in the correct operation of the tanning devices.

SPS 220.03(5) (5) “Person” means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group or agency, or a representative or agent of any of these.

SPS 220.03(6) (6) “Protective eyewear” means any apparatus designed to be worn over the eyes by a user of tanning devices which absorbs all UV-A, UV-B and visible light up to 500 nanometers but permits sufficient light to pass through to allow a user to safely negotiate obstacles, and that complies with the standards set forth in 21 CFR 1040.20.

SPS 220.03(7) (7) “Radiation” means ultraviolet radiation.

SPS 220.03(8) (8) “Tanning device” has the meaning given in s. 463.25 (1) (b), Stats.

SPS 220.03(9) (9) “Tanning facility” or “facility” means a place or business that provides access to a tanning device, which may be a room or booth or a group of rooms or booths housing ultraviolet lamps or products containing lamps intended for the irradiation of any part of the body for cosmetic or nonmedical-related purposes but does not include any sunlamp located in a bathroom or dressing room or any germicidal lamp used for bacteria control.

SPS 220.03(10) (10) “Ultraviolet radiation” means electromagnetic radiation with a wavelength in air of 200 to 400 nanometers.

SPS 220.03(11) (11) “UV-A” means ultraviolet radiation having a wavelength in air of 320 to 400 nanometers.

SPS 220.03(12) (12) “UV-B” means ultraviolet radiation having a wavelength in air of 290 to 320 nanometers.

SPS 220.03 History History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; correction in (3) made under s. 13.93 (2m) (b) 6., Stats., Register, October, 1997, No. 502; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register January 2009 No. 637; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register December 2015 No. 720; CR 19-085: am. (8) Register March 2020 No. 771, eff. 4-1-20.

SPS 220.04 SPS 220.04 Permit requirements. No person may operate a tanning facility without a permit issued by the department. Applicants for a permit and permit holders shall comply with all of the following conditions:

SPS 220.04(1) (1) Application for a permit shall be submitted annually on a form provided by the department, which shall include all of the following information:

SPS 220.04(1)(a) (a) The name and complete mailing address of the tanning facility.

SPS 220.04(1)(b) (b) The name of the facility operator.

SPS 220.04(1)(c) (c) The phone number of the facility.

SPS 220.04(1)(d) (d) The brand and model number of each tanning device.

SPS 220.04(1)(e) (e) The primary type of business in which the facility is located.

SPS 220.04(1)(f) (f) A statement as to whether the applicant has ever been convicted of a felony committed while engaged in the practice of operating a tanning facility.

SPS 220.04(2) (2) The application in sub. (1) shall be accompanied by the permit fee established by the department under ss. 440.03 (9) (a) and 440.05 (1), Stats.

SPS 220.04(3) (3) Subject to ss. 111.321, 111.322, and 111.335, Stats., applicants for a permit and permit holders may not have been convicted of a felony committed while engaged in the practice of operating a tanning facility.

SPS 220.04(4) (4) A permit holder shall notify the department in writing of any change in information that appears on the permit, such as facility ownership, business status, or address. That notification shall be sent to the department within 30 days after the change is made.

SPS 220.04(5) (5) Permit holders and permit applicants shall correct, or take substantial steps approved by the department to correct, a violation of any sanitary or other rule of the department within the time limit stated by the department in a notification of violation.

SPS 220.04(6) (6) No permit issued by the department may be transferred from one person to another or from one facility to another.

SPS 220.04 Note Note: Applications are available from the Department of Safety and Professional Services, P.O. Box 8935, Madison, Wisconsin 53708, or from the department’s website at dsps.wi.gov.

SPS 220.04 History History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; CR 19-085: r. and recr. Register March 2020 No. 771, eff. 4-1-20.

SPS 220.045 SPS 220.045 Permit expiration. Permits issued by the department shall expire annually on June 30.

SPS 220.045 History History: CR 19-085: cr. Register March 2020 No. 771, eff. 4-1-20.

SPS 220.05 SPS 220.05 Advertising.

SPS 220.05(1) (1) No tanning facility may state in any advertising, written or verbal, that the tanning facility holds a license or permit issued by the department to operate the tanning facility.

SPS 220.05(2) (2) No tanning facility may state in any advertising, written or verbal, that tanning has any health benefit or the tanning device is free of hazards from ultraviolet radiation.

SPS 220.05(3) (3) No person may state or imply that any activity under a permit has been approved by the department.

SPS 220.05 History History: Cr. Register, June, 1993, No. 450, eff. 7-1-93.

SPS 220.06 SPS 220.06 Public information.