Legislation
SECTION 3555
Restrictions on the use of ultraviolet radiation devices
Public Health (PBH) CHAPTER 45, ARTICLE 35-A
§ 3555. Restrictions on the use of ultraviolet radiation devices. 1.
No owner, operator, or employee of a tanning facility shall permit the
use of the tanning facility by a person eighteen years of age or older
until such person provides a driver's license or other photographic
identification card issued by a government entity or educational
institution indicating that the individual is at least eighteen years of
age and the facility has on file a signed written statement, in a form
prescribed by the commissioner, acknowledging that such person has read
the warnings required under subdivision two of section thirty-five
hundred fifty-four of this article and agrees to wear safety goggles
before using an ultraviolet radiation device. Such signed statement of
acknowledgment may be retained by the tanning facility off premises
provided that an electronic image or facsimile of the original signed
statement of acknowledgment is readily available by the owner or
employee responsible for the operation of the ultraviolet radiation
device of such facility.
2. No owner, operator, or employee of a tanning facility shall permit
the use of an ultraviolet radiation device by a person under eighteen
years of age.
3. This section shall be exclusive and shall preempt any contrary
local law or ordinance, except that this section shall not preempt or
supersede local laws or ordinances imposing additional stricter
restrictions on the use and operation of ultraviolet radiation devices
at tanning facilities which are in effect prior to the effective date of
this section.
No owner, operator, or employee of a tanning facility shall permit the
use of the tanning facility by a person eighteen years of age or older
until such person provides a driver's license or other photographic
identification card issued by a government entity or educational
institution indicating that the individual is at least eighteen years of
age and the facility has on file a signed written statement, in a form
prescribed by the commissioner, acknowledging that such person has read
the warnings required under subdivision two of section thirty-five
hundred fifty-four of this article and agrees to wear safety goggles
before using an ultraviolet radiation device. Such signed statement of
acknowledgment may be retained by the tanning facility off premises
provided that an electronic image or facsimile of the original signed
statement of acknowledgment is readily available by the owner or
employee responsible for the operation of the ultraviolet radiation
device of such facility.
2. No owner, operator, or employee of a tanning facility shall permit
the use of an ultraviolet radiation device by a person under eighteen
years of age.
3. This section shall be exclusive and shall preempt any contrary
local law or ordinance, except that this section shall not preempt or
supersede local laws or ordinances imposing additional stricter
restrictions on the use and operation of ultraviolet radiation devices
at tanning facilities which are in effect prior to the effective date of
this section.