Code of Alabama - Title 45: Local Laws - Section 45-37-41.05 - Facility requirements

Section 45-37-41.05 - Facility requirements.

A tanning facility shall perform each of the following:

(1) Have an operator present during operating hours who is sufficiently knowledgeable in the correct operation of the tanning devices to inform and assist each customer in the proper use of the devices.

(2) A tanning facility shall post a warning sign in any area where a tanning device is used. Posting this sign does not absolve the facility of any liability. The sign shall state:

"DANGER, ULTRAVIOLET RADIATION

"Follow these instructions:

"a. Avoid frequent or lengthy exposure. As with natural sunlight, exposure can cause eye and skin injury or allergic reactions. Repeated exposure can cause chronic sun damage characterized by wrinkling, dryness, fragility, and bruising of the skin, or skin cancer.

"b. Wear protective eyewear. FAILURE TO USE PROTECTIVE EYEWEAR CAN RESULT IN SEVERE BURNS OR LONGTERM INJURY TO THE EYES.

"c. Ultraviolet radiation from sunlamps will aggravate the effects of the sun. Therefore, do not sunbathe before or after exposure to ultraviolet radiation.

"d. Using medications or cosmetics can increase your sensitivity to ultraviolet radiation. Consult a physician before using a sunlamp if you are using medications, have a history of skin problems, or believe you are especially sensitive to sunlight. Women who are pregnant or on birth control medication who use this product can develop discolored skin. IF YOU DO NOT TAN IN THE SUN, YOU WILL NOT TAN BY USING THIS DEVICE."

(3) Perform each of the following duties before each use of a tanning device:

a. Sanitize properly the tanning device equipment, including, without limitation, handrails, headrests, and bed surfaces.

b. Provide a customer with properly sanitized protective eyewear that protects the eye from ultraviolet radiation and allows adequate vision to maintain balance.

(4) Show each customer how to use suitable physical aids, such as handrails and floor markings, to maintain proper exposure distances recommended by the manufacturer.

(5) Use a timer on each tanning device which is accurate for any and all selected time intervals to plus or minus 10 percent.

(6) Limit each customer to the maximum exposure time recommended by the manufacturer of the tanning device.

(7) Maintain the interior temperature of the tanning facility below 100 degrees Fahrenheit.

(8) Display the permit of the facility in a public area of the tanning facility.

(9) Report any injury or any complaint of injury to the department on forms prescribed by the department and provide a copy of the report to the complainant. The department shall send to the United States Federal Food and Drug Administration a copy of any report of an injury occurring in a tanning facility.

(Act 94-619, p. 1154, §6.)

Last modified: May 3, 2021