Register March 2020 No. 771
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 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. Chapter DHS 161 was renumbered chapter SPS 220 under s. 13.92 (4) (b) 1., Stats.,
Register December 2015 No. 720.
SPS 220.01
SPS 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 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; correction made under s. 13.92 (4) (b) 7., Stats.,
Register December 2015 No. 720.
SPS 220.02
SPS 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 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
SPS 220.03
SPS 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 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; 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 220.04
SPS 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 Note
Note: 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 History
History: 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 220.045
SPS 220.045 Permit expiration. Permits issued by the department shall expire annually on June 30.
SPS 220.045 History
History: 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 History
History: 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.
