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Tanning Facilities

ATTENTION:  TANNING FACILITIES IN CHEMUNG COUNTY ARE NOW REGULATED AS OF 9/01/10

Tanning facilities contain equipment referred to as "ultraviolet radiation devices".  On August 14, 2006, Chapter 573 of Laws of 2006 amended Article 35A to prohibit children under 14 years old from using tanning facilities and requiring that children between the ages of 14 and 18 have a parent or legal guardian sign a consent form before the child can use the tanning equipment.  Adults must sign a similar statement indicating that they have read the NYSDOH warning materials.  New York State has passed a law (Public Health Law Article 35-A) that addresses "tanning facilities". 

The Commissioner of the New York State Department of Health (NYSDOH) has promulgated regulations (Subpart 72-1) that give local health departments the option to enforce the law.  The Chemung County Health Department has received approval to enforce the Tanning Facility regulations in Chemung County.  An application package was mailed to all KNOWN facilities the first week in September 2010. If you are a tanning facility or have tanning devices at your location, please call the Chemung County Health Department at 737-2019 to request an application package (or download applicable forms below).

If you are a patron of a tanning facility and you do not see a permit issued by the Chemung County Health Department, please call us so that we can follow-up with that facility to make sure that they receive a permit and are following all the applicable rules intended to keep you safe.

IMPORTANT CHANGE IN LAW...    On July 16, 2012, Governor Cuomo signed legislation amending Public Health Law Article 35-A, prohibiting the use of indoor tanning facilities by children less than 17 years of age and requiring individuals between 17 and 18 years of age to obtain parental consent.  The effective date for this change is August 15, 2012.  A letter has been sent to all tanning facilities that are currently under permit explaining this change and providing them with a copy of the new parental consent form that is to be used.  The new consent form can be downloaded below.

 

 APPLICATION PROCESS

1. Complete the application and submit to the Chemung County Health Department with the applicable fee and workers compensation / disability insurance documentation as described on the sheet below.

2.  Review Subpart 72-1 to see what requirements you will be expected to follow.

3.  Schedule an appointment with Chemung County Health Department to conduct a pre-operational inspection.

4.  Make copies of the Tanning Hazard Information Sheet, Statement of Acknowledgement, Parental Consent Form, Warning Sign, and Injury/Illness Report Form.

5.  Post a Warning Sign on each tanning device.

6.  Develop filing system to keep track of all records as required in the regulations.

7.  Maintain a supply of protective eyewear to be used by tanning patrons.

To view Public Health Law Article 35-A, click HERE.

To view the Tanning Regulations, Subpart 72-1, click HERE.

The federal Food & Drug Administration (FDA) has created regulations concerning tanning facilities.  To view a copy of the FDA regulations concerning these devices, click HERE.

The NYSDOH has made information on "indoor tanning" available on their website as well.  To go to that webpage, click HERE.


In the boxes below are various documents and forms that will be used in the implementation of these new regulations.  You can click on the title in each box to download that particular document.

 APPLICATION FOR A PERMIT TO OPERATE A TANNING FACILITY

TANNING HAZARDS INFORMATION SHEET

 STATEMENT OF ACKNOWLEDGEMENT

PARENTAL CONSENT FORM

REQUIRED WARNING SIGN

INJURY AND ILLNESS REPORT FORM

WORKERS COMP & DISABILITY INSURANCE REQUIREMENTS

 




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