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: SPS 220.10(1)(1) No customer under 16 years of age may be permitted to use a tanning device. SPS 220.10(2)(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: SPS 220.10(2)(d)(d) Manufacturer’s procedures for operation and maintenance of the tanning equipment. SPS 220.10(2)(e)(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. SPS 220.10(2)(g)(g) Procedures for sanitizing protective eyewear and tanning equipment. SPS 220.10(3)(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. SPS 220.10(4)(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). SPS 220.10(5)(5) A customer shall not be permitted to use a device unless the customer uses protective eyewear. SPS 220.10(6)(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. SPS 220.10(7)(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. SPS 220.10(8)(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. SPS 220.10(9)(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. SPS 220.10(10)(10) A customer shall not be permitted to use a tanning device more than once every 24 hours. SPS 220.10(11)(11) The temperature shall not exceed 100º F in the room in which the tanning device is located. SPS 220.10(12)(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. SPS 220.10(13)(13) Only tanning equipment manufactured in accordance with the specifications set forth in 21 CFR 1040.20 may be used in tanning facilities. SPS 220.10(14)(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. SPS 220.10 HistoryHistory: 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. SPS 220.11(1)(1) If a person requires medical attention due to use of a tanning device, the permit holder or operator of the facility shall report that injury to the department in writing and send a copy of the report to the injured person. The permit holder of the tanning facility shall retain a copy of the report for 3 years. The report shall include all of the following: SPS 220.11(1)(a)(a) The name of the affected individual and date of the actual or alleged injury. SPS 220.11(1)(c)(c) The nature of the injury and identification of the tanning device and duration of the exposure. SPS 220.11(2)(2) The department may inspect a facility upon receipt of a notice of injury. SPS 220.11 NoteNote: Injury report forms 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 220.11 HistoryHistory: Cr. Register, June, 1993, No. 450, eff. 7-1-93; CR 19-085: am. (2) Register March 2020 No. 771, eff. 4-1-20. SPS 220.12SPS 220.12 Denial, suspension or revocation of permit. The department may deny issuance of a permit or suspend or revoke a permit issued under s. SPS 220.04 if the applicant or permit holder does not comply with or violates s. 463.25, Stats., or any provision of this chapter or if the applicant or permit holder does any of the following: SPS 220.12(1)(1) Submits false or misleading information in the application or in reports. SPS 220.12(2)(2) Fails to construct, operate, or maintain the tanning facility in accordance with the application. SPS 220.12(3)(3) Operates the tanning facility in a way that causes or creates a nuisance or hazard to the public health or safety. SPS 220.12(4)(4) Violates any condition upon which the permit was issued. SPS 220.12(5)(5) Fails to allow the department or a duly authorized agent to inspect the facility at a reasonable hour and in a reasonable manner for the purpose of determining compliance with this chapter. SPS 220.12 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; corrections in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720; CR 19-085: r. (1) (title), (2), (3), renum. (1) to SPS 220.12 under s. 13.92 (4) (b) 1. Register March 2020 No. 771, eff. 4-1-20.
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