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<chapter heading="Chapter 51A. Tanning Facilities - Regulations">
  <section heading="COMCOR 51A.00.01 Tanning Facilities">
    <regulation heading="COMCOR 51A.00.01 Tanning Facilities">
      <subsection heading="51A.00.01.01 Definitions">
        <paragraph indent="0">Terms defined in Montgomery County Code, Chapter 51A-1 are specifically incorporated herein and are not redefined.</paragraph>
      </subsection>
      <subsection heading="51A.00.01.02 General Standards">
        <paragraph indent="1">A.   All floors, walls, and ceilings shall be kept clean and in good repair.</paragraph>
        <paragraph indent="1">B.   Auxiliary lighting providing at least 20 foot-candles of light must be provided during cleaning times.</paragraph>
        <paragraph indent="1">C.   All tanning rooms must be adequately ventilated to keep them reasonably free from excessive heat.</paragraph>
        <paragraph indent="1">D.   If linens are provided, separate facilities must be provided so that clean materials are not stored in the same location as dirty or used materials.</paragraph>
        <paragraph indent="1">E.   Hooks or lockers must be provided in each tanning room for patrons to store their clothes while using the facility.</paragraph>
        <paragraph indent="1">F.   If beds or booths are not private, a changing room must be provided for patrons to change their clothes.</paragraph>
        <paragraph indent="1">G.   There must be at least one attendant for each 10 beds or fraction of 10 beds.</paragraph>
      </subsection>
      <subsection heading="51A.00.01.03 Bathrooms">
        <paragraph indent="1">A.   At least one bathroom must be provided at each facility for patron use.</paragraph>
        <paragraph indent="1">B.   The following fixtures must be provided:</paragraph>
        <paragraph indent="3">1.   Toilet.</paragraph>
        <paragraph indent="3">2.   Hand sink.</paragraph>
        <paragraph indent="3">3.   Soap Dispenser.</paragraph>
        <paragraph indent="3">4.   Towel Dispenser for Individual Disposable Hand Towels.</paragraph>
        <paragraph indent="3">5.   Toilet Tissue Rack.</paragraph>
        <paragraph indent="1">C.   The bathroom and fixtures must be kept clean and in good repair.</paragraph>
        <paragraph indent="1">D.   A supply of toilet tissue, hand towels and hand soap must be provided at all times. Easily cleanable receptacles must be provided for waste materials.</paragraph>
      </subsection>
      <subsection heading="51A.00.01.04 Training of Attendants">
        <paragraph indent="1">A.   The owner of the facility must assure that the attendant has been trained in:</paragraph>
        <paragraph indent="3">1.   The operation of all equipment and safety aids.</paragraph>
        <paragraph indent="3">2.   The need for and the proper wearing of protective eyewear.</paragraph>
        <paragraph indent="3">3.   The maximum recommended exposure times and distances according to the manufacturer.</paragraph>
        <paragraph indent="3">4.   Injury recognition.</paragraph>
        <paragraph indent="3">5.   Emergency procedures.</paragraph>
        <paragraph indent="3">6.   The effects and mode of action of ultraviolet light including the specific wave length used by the facility's equipment.</paragraph>
        <paragraph indent="3">7.   Procedures for verifying that patrons are at least 18 years of age.</paragraph>
        <paragraph indent="1">B.   The facility must have on file with the Department a copy of the outline of the current training program for attendants.</paragraph>
        <paragraph indent="1">C.   A log must be maintained on the premises containing the name of each attendant and the specific training that each has completed together with the number of hours of training. The log must be signed and dated by the person who provided the training.</paragraph>
      </subsection>
      <subsection heading="51A.00.01.05 Sanitization and Cleaning">
        <paragraph indent="1">A.   Each tanning device that comes into direct contact with a customer must be sanitized with an approved sanitizer after each use.</paragraph>
        <paragraph indent="1">B.   Tanning rooms must be cleaned at least once a day.</paragraph>
        <paragraph indent="1">C.   Bathrooms must be kept clean. At a minimum, they must be cleaned at least once a day and fixtures sanitized at least once a day.</paragraph>
      </subsection>
      <subsection heading="51A.00.01.06 Injury Reports">
        <paragraph indent="1">A.   Any injury or complaint of injury resulting from the tanning equipment must be reported by the facility to the Department on a form designated by the Department.</paragraph>
        <paragraph indent="1">B.   The facility must send the report to the Department with a copy to the injured person within 5 business days of the injury or complaint of injury.</paragraph>
      </subsection>
      <subsection heading="51A.00.01.07 Record Keeping">
        <paragraph indent="2">The tanning facility must maintain records for each patron using the facility.</paragraph>
        <paragraph indent="1">A.   Such records must be safely preserved on the licensed premises for 2 years to insure accessibility for inspection by the Approving Authority.</paragraph>
        <paragraph indent="1">B.   The record must include the following:</paragraph>
        <paragraph indent="3">1.   Visit date.</paragraph>
        <paragraph indent="3">2.   Exposure time.</paragraph>
        <paragraph indent="3">3.   Attendant's name.</paragraph>
        <paragraph indent="3">4.   Name and address of patron.</paragraph>
      </subsection>
      <subsection heading="51A.00.01.08 Severability">
        <paragraph indent="1">If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.</paragraph>
      </subsection>
      <subsection heading="51A.00.01.09 Effective Date">
        <paragraph indent="1">This regulation takes effect immediately after approval by the County Council.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="Sec. 51A-5 Application for License - Regulations">
    <regulation heading="COMCOR 51A.05.01 Fee Schedule, Signs and Temperature Requirements for Tanning Facilities Fees">
      <subsection heading="51A.05.01.01 Fees">
        <paragraph indent="2">Tanning Facility License                  $265.00</paragraph>
        <paragraph indent="2">Duplicate License                     $  10.00</paragraph>
        <paragraph indent="2">Filing an annual renewal application after the license expires   $  25.00</paragraph>
      </subsection>
      <subsection heading="51A.05.01.02 Warning Sign">
        <paragraph indent="2">a.    A warning sign must be conspicuously displayed in each room where a tanning device is used.</paragraph>
        <paragraph indent="2">b.    The warning signs must be at least 8 inches by 12 inches and the letters must be at least 2/8 inch in height.</paragraph>
        <paragraph indent="2">c.   The warning sign must read: “Use of protective eyewear is required. Over exposure causes burns. Certain foods and medications may cause burning or skin sensitivity. Repeated exposure may cause premature aging of the skin and skin cancer. It is a violation of County Code 51A-7 for a person under the age of 18 to use a tanning device.”</paragraph>
      </subsection>
      <subsection heading="51A.05.01.03 Room Temperature">
        <paragraph indent="0">Ambient room temperature must not exceed 100°F.</paragraph>
      </subsection>
      <subsection heading="51A.05.01.04 Effective Date">
        <paragraph indent="0">This regulation takes effect immediately after approval by the County Executive.</paragraph>
      </subsection>
    </regulation>
  </section>
  <section heading="Sec. 51A-12 Warnings - Regulations" />
  <section heading="Sec. 51A-13 Use Requirements - Regulations" />
</chapter>