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 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
SPS 220.09
SPS 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 History
History: 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 220.10
SPS 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 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; 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(1)(d)
(d) Any other information considered relevant to the situation.
SPS 220.11(2)
(2) The department may inspect a facility upon receipt of a notice of injury.
SPS 220.11 Note
Note: 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 History
History: 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 220.12
SPS 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 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; 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.
