Fla. Admin. Code Ann. R. 64E-17.001 - Definitions

(1) "Customer" - Means any person who is provided access to a tanning facility in exchange for a fee or other compensation, or any person who, in exchange for a fee or other compensation, is afforded use of a tanning facility as a condition or benefit of membership or access.

(2) "Employee"- Means someone who is working in or for a tanning establishment whether fixed or mobile, who is in direct contact with the customer for the purposes of cleaning, sanitizing, maintenance of tanning devices, determining human skin types and maximum allowable time of exposure; and assisting the customer in the proper use of tanning devices.

(3) "Formal training" - Means a course of instruction approved by the department conducted or presented under formal classroom conditions by a person possessing adequate knowledge and experience to offer a curriculum, associated training, and certification testing pertaining to and associated with the correct use of tanning equipment. Training shall cover ultraviolet radiation and effects on the skin, skin typing, exposure time, photosensitivity, FDA and State regulations, eye protection, and equipment and maintenance.

(4) "Operator" - A tanning facility owner or a person who operates a tanning facility.

(5) "Override timer control" - Means a separate electrical timer, switch, or similar device which may be used by the operator to start, stop, or reset the timer system for a tanning machine. The term does not include electric service panels which control the entire electrical system for a building or a portion of a building.

(6) "Person" - Means any individual, corporation, partnership, association, political subdivision of this state, any other state or political subdivision or department thereof, and any legal successor, representative, agent, or department of the foregoing.

(7) "Phototherapy device" - A piece of equipment that emits ultraviolet radiation and that is used by a licensed health care professional in the treatment of disease.

(8) "Reconditioning" - Means a process or procedure by which distressed tanning devices can be brought into compliance with federal and state standards for use by the public.

(9) "Safe level" - Means not more than 50 colony-forming units per four (4) square inches of equipment surface.

(10) "Sanitize" - Means the effective bactericidal treatment of surfaces of equipment and devices, which provides a sufficient concentration of chemicals and enough time to reduce the bacterial count, including pathogens, to a safe level.

(11) "Stop-use order" - Means a notice written to a tanning facility by the department to remove a tanning device from service because the device does not meet the requirements of this rule, or the device is not being operated in accordance with the requirements of this rule. This is a proposed agency action issued pursuant to Section 120.54, F.S. The notice shall include a statement of an individual's right to request a hearing on the proposed action.

Notes

Fla. Admin. Code Ann. R. 64E-17.001

Rulemaking Authority 381.89(13) FS. Law Implemented 381.89 FS.

New 1-12-93, Amended 8-7-96, Formerly 10D-112.003, Amended 5-10-05.

New 1-12-93, Amended 8-7-96, Formerly 10D-112.003, Amended 5-10-05.