Comparison with rules in adjacent states:
Illinois: Illinois charges $250 for an initial tanning facility license and a $150 annual renewal fee. Illinois charges a nonrefundable $250 fee for renewal of an expired permit. If an owner operates more than one tanning facility, the owner shall file a separate application and submit a separate fee for each facility owned and operated. Expired facilities that fail to pay a nonrefundable $250 permit renewal fee within 90 days after the permit expiration are required to submit a new permit application and comply with requirements for new facilities in order to receive a tanning facility permit. Illinois inspects tanning facilities once a year.
In Illinois, any tanning facility operating without a valid permit or operating on a revoked permit may be found guilty of committing a public nuisance. A person convicted of knowingly maintaining a public nuisance commits a Class A misdemeanor in
Illinois. Each subsequent offense under the Act is a Class 4 felony. Penalties or fines may not exceed $1,000 per day for each day the permit holder remains in violation.
Illinois has established criteria to determine whether to assess a fine and to determine the amount of the fine.
Illinois also has established tanning facility requirements related to construction, operation, sanitation, recordkeeping, requirements specifically for stand-up booths, eyewear, and injury reporting. Illinois has adopted a table of examples of human skin types, similar to the table included in Wisconsin’s SPS 220 Appendix, and a table with information to determine skin types.
Iowa: Iowa charges $5 for a tanning facility permit and a $33 inspection fee per tanning unit per year, up to a maximum of $330 per facility. Owners are charged $25 per month for each month a bill for inspection costs has not been received within 45 days of billing. The rules include a list of reasons to deny, revoke or terminate a permit, along with construction standards, operation of tanning devices, regulations for stand-up booths, protective eyewear and restrictions on claims that can be made in promotional materials. The rules include requirements related to electronically controlled tanning devices.
Finally, the rule outlines procedures for inspections, violations, and injunctions. Operators are required to receive training and take a test every 5 years.
Michigan: Michigan does not register or inspect tanning salons or equipment and tanning facility operators are not licensed. Nonetheless, Michigan state law requires tanning facility operators to provide information warning customers about the dangers associated with tanning and to display a poster with a warning sign. Owners are prohibited from making certain advertising statements. Customers are required to sign an acknowledgement that they have received the warning statement each year.
Minnesota: Minnesota state law establishes standards for tanning equipment, stand-up booths, protective eyewear, and warning signs, and records requirements. State law restricts the use of tanning machines to people over the age of 18. Any person who operates a tanning facility in noncompliance with state law may be found guilty of a petty misdemeanor. Tanning facilities may be licensed under local ordinances and may establish more restrictive regulations of tanning facilities than in state law.
Summary of factual data and analytical methodologies:
The proposed rule project amends ch. SPS 220 and SPS 220 Appendix, as transferred from ch. DHS 161 and DHS 161 Appendix, to align the rule with Department of Safety and Professional Services uniform administrative procedures, and to modernize the rule to ensure it reflects current practices for the safe and sanitary use of tanning devices. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in
s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8935, Madison, Wisconsin 53705; (608) 266-0955; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
The deadline for comments was July 19, 2019.
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TEXT OF RULE
SECTION 1. SPS 220.03 (8) is amended to read:
SPS 220.03 (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 has the meaning given in s. 463.25 (1) (b), Stats. SECTION 2. SPS 220.04 is repealed and recreated to read:
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:
(1)
Application for a permit shall be submitted annually on a form provided by the department, which shall include all of the following information:(a)
The name and complete mailing address of the tanning facility.(b)
The name of the facility operator.(c)
The phone number of the facility.(d)
The brand and model number of each tanning device.(e)
The primary type of business in which the facility is located.(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.(2)
The application in sub. (1) shall be accompanied by the permit fee established by the department under ss. 440.03 (9) (a) and 440.05 (1), Stats.(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.(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.(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.(6)
No permit issued by the department may be transferred from one person to another or from one facility to another.SECTION 3. SPS 220.04 (note) is created to read:
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.
SECTION 4. SPS 220.045 is created to read:
SPS 220.045 Permit expiration.
Permits issued by the department shall expire annually on June 30.
SECTION 5. SPS 220.11 (2) is amended to read:
SPS 220.11 (2) The department shall may inspect a facility upon receipt of a notice of injury.
SECTION 6. SPS 220.11 (Note) is created to read:
SPS 220.11 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.
SECTION 7. SPS 220.12 (1) (title) is repealed.
SECTION 8. SPS 220.12 (2) and (3) are repealed.
SECTION 9. SPS 220.13 is repealed.
