TANNING FACILITIES
DHS 161.01 Authority and purpose.
DHS 161.02 Applicability.
DHS 161.06 Public information.
DHS 161.08 Lamp replacement.
DHS 161.10 Duties of the owner.
DHS 161.11 Reports of injury.
DHS 161.12 Denial, suspension or revocation of permit.
Ch. DHS 161 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.
DHS 161.01
DHS 161.01
Authority and purpose. This chapter is promulgated under the authority of ss.
254.34 (1) (a) and
255.08 (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.
DHS 161.01 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.
DHS 161.02
DHS 161.02
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.
DHS 161.02 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
DHS 161.03
DHS 161.03
Definitions. In this chapter:
DHS 161.03(1)
(1) "Applicant" means any person who applies to the department for a permit to operate a tanning facility.
DHS 161.03(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.
DHS 161.03(3)
(3) "Department" means the Wisconsin department of health services.
DHS 161.03(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.
DHS 161.03(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.
DHS 161.03(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.
DHS 161.03(8)
(8) "Tanning device" means any equipment that emits electromagnetic radiation having wavelengths in air 200 to 400 nanometers and that is used for tanning of human skin and any equipment used with that equipment, including but not limited to protective eyewear, timers and handrails, except that "tanning device" does not include a phototherapy device used by a physician.
DHS 161.03(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.
DHS 161.03(10)
(10) "Ultraviolet radiation" means electromagnetic radiation with a wavelength in air of 200 to 400 nanometers.
DHS 161.03(11)
(11) "UV-A" means ultraviolet radiation having a wavelength in air of 320 to 400 nanometers.
DHS 161.03(12)
(12) "UV-B" means ultraviolet radiation having a wavelength in air of 290 to 320 nanometers.
DHS 161.03 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.
DHS 161.04(1)(1) No person may operate a tanning facility without a permit issued by the department.
DHS 161.04(2)
(2) Application for a permit shall be made on a form provided by the department and shall be accompanied by a permit fee of $15.00 for the period from November 1, 1992 to June 30, 1993, or for any part of that period, and $10.00 annually after June 30, 1993.
DHS 161.04 Note
Note: To obtain a copy of the application form for a permit to operate a tanning facility, write to the Radiation Protection Unit, Division of Public Health, P.O. Box 2659, Madison, WI 53701-2659.
DHS 161.04(3)
(3) An application for a permit shall include all of the following:
DHS 161.04(3)(a)
(a) The name and complete mailing address of the tanning facility.
DHS 161.04(3)(e)
(e) The primary type of business in which the facility is located.
DHS 161.04(4)
(4) Within 60 days after it receives a complete application for a permit, the department shall either approve the application and issue the permit or deny the application. If the application is denied the department shall give the applicant reasons, in writing, for the denial.
DHS 161.04(5)
(5) Permits issued by the department shall expire annually on June 30.
DHS 161.04(6)
(6) 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.
DHS 161.04 Note
Note: Send notice of change in permit information to the Radiation Protection Unit, Division of Public Health, P.O. Box 2659, Madison, WI 53701-2659.
DHS 161.04(7)
(7) No permit issued by the department may be transferred from one person to another or from one facility to another.
DHS 161.04 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
DHS 161.05(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.
DHS 161.05(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.
DHS 161.05(3)
(3) No person may state or imply that any activity under a permit has been approved by the department.
DHS 161.05 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
DHS 161.06(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:
DHS 161.06(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.
DHS 161.06(1)(c)
(c) Repeated exposure to a tanning device may cause premature aging of the skin and skin cancer.
DHS 161.06(1)(d)
(d) Abnormal skin sensitivity or burning of the skin while using a tanning device may be caused by any of the following:
DHS 161.06(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.
DHS 161.06(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.
DHS 161.06 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
DHS 161.07(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:
DHS 161.07(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.
DHS 161.07(1)(c)
(c) Wear protective eyewear. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
DHS 161.07(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.
DHS 161.07(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.
DHS 161.07(1)(f)
(f) If you do not tan in the sun, you are unlikely to tan from the use of this device.
DHS 161.07(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.
DHS 161.07 Note
Note: The department will provide one sign for each facility for duplication and placement as required.
DHS 161.07 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
DHS 161.08(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.
DHS 161.08(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).
DHS 161.08(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.
DHS 161.08(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.
DHS 161.08(5)
(5) No tube, bulb or lamp designated for medical use only may be used.
DHS 161.08 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
DHS 161.09
DHS 161.09
Liability. A tanning facility's compliance with
ss. DHS 161.06 and
161.07 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.
DHS 161.09 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
DHS 161.10
DHS 161.10
Duties of the owner. The owner of a tanning facility shall ensure that all of the following requirements are fulfilled:
DHS 161.10(1)
(1) No customer under 16 years of age may be permitted to use a tanning device.
