CODE OF VIRGINIA

OPERATIONAL REQUIREMENTS (§ 59.1-310.5)

A. A tanning facility shall have an operator present during operating hours. The
operator shall be sufficiently knowledgeable in the correct operation of the
tanning devices used at the facility and shall inform and assist each customer
in the proper use of the tanning device.

B. The owner or his designee shall identify the skin type of the customer based
on the Fitzpatrick scale, document the skin type of the customer, and advise the
customer of the customer’s maximum time of recommended exposure in the
tanning device.

C. Before each use of a tanning device, the operator shall provide the customer
with properly sanitized protective eyewear that protects the eyes from
ultraviolet radiation and allows adequate vision to maintain balance. The
operator shall not allow a person to use a tanning device if that person has not
been provided protective eyewear. The operator shall also instruct each customer
how to use suitable physical aids, such as handrails and markings on the floor,
to maintain proper exposure distance as recommended by the manufacturer of the
tanning device.

D. After each use of a tanning device, the owner or his designee shall clean the
device with a cleaner or sanitizer capable of killing bacteria from any previous
use.

E. The tanning facility shall use a timer with an accuracy of at least plus or
minus ten percent of any selected time interval. The facility shall limit the
exposure time of a customer on a tanning device to the maximum exposure time
recommended by the manufacturer. The facility shall control the interior
temperature of a tanning device so that it may not exceed 100 degrees
Fahrenheit.

F. Either each time a customer uses a tanning facility or each time a person
executes or renews a contract to use a tanning facility, the person shall sign a
written statement acknowledging that the person has read and understood the
required warnings before using the device and agrees to use the protective
eyewear that the tanning facility provides.

G. The owner shall be responsible for ensuring that each customer using the
tanning facility is of legal age to do so.

H. A tanning facility shall not claim, or distribute promotional material that
claims that the use of a tanning device is safe, is without risk, or will result
in medical or health benefits.

HISTORY: 1990, c. 776; 2007, c. 575.