Chapter SPS 220
TANNING FACILITIES
SPS 220.01 Authority and purpose. SPS 220.02 Applicability. SPS 220.04 Permit requirements. SPS 220.045 Permit expiration. SPS 220.06 Public information. SPS 220.08 Lamp replacement. 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 NoteNote: 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 220.01SPS 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 HistoryHistory: 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 220.02SPS 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 HistoryHistory: Cr. Register, June, 1993, No. 450, eff. 7-1-93. SPS 220.03SPS 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(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 HistoryHistory: 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 220.04SPS 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)(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(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 NoteNote: 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 HistoryHistory: 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 220.045SPS 220.045 Permit expiration. Permits issued by the department shall expire annually on June 30. SPS 220.045 HistoryHistory: CR 19-085: cr. Register March 2020 No. 771, eff. 4-1-20. 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 HistoryHistory: Cr. Register, June, 1993, No. 450, eff. 7-1-93. SPS 220.06(1)(1) Notice. A tanning facility shall give written notice to each customer, before the customer uses a tanning device, of all of the following: SPS 220.06(1)(a)(a) Failure to wear protective eyewear provided by the tanning facility may result in damage to the customer’s eyes and cause cataracts or other eye injury. SPS 220.06(1)(c)(c) Repeated exposure to a tanning device may cause premature aging of the skin and skin cancer. SPS 220.06(1)(d)(d) Abnormal skin sensitivity or burning of the skin while using a tanning device may be caused by any of the following: SPS 220.06(1)(d)3.3. Certain medications, including but not limited to tranquilizers, diuretics, antibiotics, high blood pressure medications, and birth control pills. The notice shall include a statement that any person who is taking medication should consult with a physician before using a tanning device. SPS 220.06(2)(2) Lists of certain foods, chemicals, and medications. Literature containing lists of known photosensitizing foods and medications shall be available at the facility for customer review. SPS 220.06 HistoryHistory: Cr. Register, June, 1993, No. 450, eff. 7-1-93. SPS 220.07(1)(1) Location and content. Tanning facilities shall prominently display a warning sign in each area where a tanning device is used. A sign shall be located within one meter of each device. 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 device. The sign shall convey the following directions and information: SPS 220.07(1)(b)(b) Avoid too frequent or too lengthy exposure. Like exposure to the sun, use of a tanning device can cause eye and skin injury and allergic reactions. Repeated exposure can cause chronic sun damage which is characterized by wrinkling, dryness, fragility and bruising of the skin, and skin cancer. SPS 220.07(1)(c)(c) Wear protective eyewear. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. SPS 220.07(1)(d)(d) Ultraviolet radiation from tanning devices will aggravate the effects of the sun, so do not sunbathe during the 24 hours immediately preceding or immediately following the use of a tanning device. SPS 220.07(1)(e)(e) Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using tanning devices if you are using medications or have a history of skin problems, or believe yourself especially sensitive to sunlight. Women who are pregnant or using birth control pills and who use a tanning device may develop discolored skin. SPS 220.07(1)(f)(f) If you do not tan in the sun, you are unlikely to tan from the use of this device. SPS 220.07(2)(2) Lettering. The lettering on each warning sign shall be at least one centimeter high for the word “WARNING”. All capital letters shall be at least 4 millimeters high and all lower case letters shall be at least 3 millimeters high. SPS 220.07 NoteNote: The department will provide one sign for each facility for duplication and placement as required.
SPS 220.07 HistoryHistory: Cr. Register, June, 1993, No. 450, eff. 7-1-93. SPS 220.08(1)(1) A tanning facility shall post a sign in each area where a tanning device is used which states the date at which tubes, bulbs or lamps in that tanning device were replaced. The tanning facility shall maintain a record of the dates on which the tubes, bulbs, or lamps were replaced. SPS 220.08(2)(2) The tubes, bulbs, or lamps shall be replaced at the frequency recommended by the manufacturer or when the tubes, bulbs, or lamps become damaged or defective. A replacement lamp for a tanning unit shall be compatible with the original lamp as specified by the manufacturer of the unit or shall be substantially equivalent to the manufacturer’s original lamp type. In this subsection, “substantially equivalent” means within 10% of the UV-B emission of the original lamp and meeting the performance requirements of the U.S. food and drug administration in 21 CFR 1040.20 (c) (1). SPS 220.08(3)(3) A facility may only use tubes, bulbs or lamps which meet the standards of the U.S. food and drug administration in 21 CFR 1040.20. This applies to original or replacement tubes, bulbs or lamps. SPS 220.08(4)(4) The facility shall maintain the device manufacturer’s literature indicating the rating, output, or intensity of the tube, lamp or bulb required for replacement. SPS 220.08(5)(5) No tube, bulb, or lamp designated for medical use only may be used. SPS 220.08 HistoryHistory: Cr. Register, June, 1993, No. 450, eff. 7-1-93. SPS 220.09SPS 220.09 Liability. A tanning facility’s compliance with ss. SPS 220.06 and 220.07 does not relieve the owner or any employee of the tanning facility from liability for an injury sustained by a customer from use of a tanning device. SPS 220.09 HistoryHistory: Cr. Register, June, 1993, No. 450, eff. 7-1-93; correction under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720. SPS 220.10SPS 220.10 Duties of the owner. The owner of a tanning facility shall ensure that all of the following requirements are fulfilled:
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