DHS 161.10(2)(d)
(d) Manufacturer's procedures for operation and maintenance of the tanning equipment.
DHS 161.10(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.
DHS 161.10(2)(g)
(g) Procedures for sanitizing protective eyewear and tanning equipment.
DHS 161.10(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.
DHS 161.10(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).
DHS 161.10(5)
(5) A customer shall not be permitted to use a device unless the customer uses protective eyewear.
DHS 161.10(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.
DHS 161.10(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.
DHS 161.10(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.
DHS 161.10(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.
DHS 161.10(10)
(10) A customer shall not be permitted to use a tanning device more than once every 24 hours.
DHS 161.10(11)
(11) The temperature shall not exceed 100º F in the room in which the tanning device is located.
DHS 161.10(12)
(12) A customer's statement of agreement required under s.
255.08 (10) (a), Stats., shall be retained for 3 years or until the customer signs a new statement.
DHS 161.10(13)
(13) Only tanning equipment manufactured in accordance with the specifications set forth in
21 CFR 1040.20 may be used in tanning facilities.
DHS 161.10(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.
DHS 161.10 History
History: 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.
DHS 161.11(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:
DHS 161.11(1)(a)
(a) The name of the affected individual and date of the actual or alleged injury.
DHS 161.11(1)(c)
(c) The nature of the injury and identification of the tanning device and duration of the exposure.
DHS 161.11(1)(d)
(d) Any other information considered relevant to the situation.
DHS 161.11(2)
(2) The department shall inspect a facility upon receipt of a notice of injury.
DHS 161.11 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
DHS 161.12
DHS 161.12
Denial, suspension or revocation of permit. DHS 161.12(1)(1)
Action. The department may deny issuance of a permit or suspend or revoke a permit issued under
s. DHS 161.04 if the applicant or permit holder does not comply with or violates s.
255.08, Stats., or any provision of this chapter or if the applicant or permit holder does any of the following:
DHS 161.12(1)(a)
(a) Submits false or misleading information in the application or in reports.
DHS 161.12(1)(b)
(b) Fails to construct, operate or maintain the tanning facility in accordance with the application.
DHS 161.12(1)(c)
(c) Operates the tanning facility in a way that causes or creates a nuisance or hazard to the public health or safety.
DHS 161.12(1)(e)
(e) 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.
DHS 161.12(2)
(2) Notice. The department shall give written notice to the applicant or permit holder of its decision to not renew or to suspend or revoke a permit, with reasons for that decision and information that the applicant or permit holder may appeal the decision under
sub. (3).
DHS 161.12(3)
(3) Appeal of decision to deny, revoke or suspend a permit. DHS 161.12(3)(a)(a) Any person aggrieved by the department's decision to deny issuance of a permit or renewal of a permit or to suspend or revoke a permit may request a hearing on that decision under s.
227.42, Stats., which shall be limited to the issues stated as the basis for denial, suspension or revocation in the notice under
s. DHS 161.04 (4) or
sub. (2).
DHS 161.12(3)(b)
(b) The request for hearing shall be in writing, shall be filed with the department's office of administrative hearings, and shall be sent to that office so that it is received there within 30 days after the date of the notice under
s. DHS 161.04 (4) or
sub. (2). A request for a hearing is considered filed upon its receipt by the office of administrative hearings. Review is not available if the request is received more than 30 days after the date of the notice under
s. DHS 161.04 (4) or
sub. (2).
DHS 161.12 Note
Note: The mailing address of the Office of Administrative Hearings is P.O. Box 7875, Madison, Wisconsin 53707.
DHS 161.12 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 161.13
DHS 161.13
Penalties. Any person who violates s.
255.08, Stats., or any requirement of this chapter may be required to forfeit not less than $50 or more than $250.
DHS 161.13 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.
