District of Columbia Administrative Code

201 LICENSEE RESPONSIBILITIES ─ SAFETY REQUIREMENTS AND TANNING PROCEDURES AND TEMPERATURE* 201.1 The licensee shall ensure managers and operators are knowledgeable in the correct use of all tanning devices on the premises so that they are able to inform and assist each customer …

300 POLICY & PROCEDURES ─ AGE RESTRICTIONS AND PROHIBITION, AND PARENTAL/LEGAL GUARDIAN AUTHORIZATION* 300.1 The licensee shall require every customer who uses the facility’s tanning equipment and devices to sign an acknowledgement that he or she has: (a) Received the required “W…

301 POLICY & PROCEDURES ─ AGE RESTRICTION SIGN AND POSTING* 301.1 A licensee shall conspicuously post an Age Restriction Sign at or near the reception area with the following text: INDIVIDUALS 17 YEARS OF AGE AND YOUNGER ARE PROHIBITED FROM USING ULTRAVIOLET TANNING EQUIPMENT OR …

302 POLICY & PROCEDURES ─ WARNING STATEMENT, CONTENT, AND POSTING* 302.1 During a customer’s initial visit, an operator shall advise a consumer that tanning indoors and outdoors on the same day, or tanning at multiple salons or other similar occurrences is hazardous to his or her…

303 OPERATING PROCEDURES ─ RECORDKEEPING MANUAL, CONTENT* 303.1 The licensee shall maintain a procedural manual at the tanning facility which shall be available at all times to operators and the Department during inspections. Each licensee’s procedural manual shall maintain: (a) …

304 OPERATING PROCEDURES ─ RECORDKEEPING, PURCHASE, MAINTENANCE, AND USERS’ INSTRUCTIONS 304.1 The licensee shall maintain the users’ instructions for each model of tanning equipment used at the tanning facility as stated in 21 C.F.R. § 1040.20(e)(1) (Sunlamp products and ultravi…

305 OPERATING PROCEDURES ─ RECORDKEEPING, RETENTION 305.1 The licensee shall maintain records for at least three (3) years related to customers 18 years of age and older who used tanning equipment or devices at the facility. With respect to customers under 18 years of age who use…

306 OPERATING PROCEDURES ─ RECORDKEEPING, REPORTS OF INJURIES 306.1 The licensee shall maintain an “Incident Log” of customers’ actual or alleged ultraviolet radiation injuries or other types of injuries. 306.2 The licensee shall submit to the Department a written report of actua…

400 DESIGN & CONSTRUCTION ─ TANNING EQUIPMENT AND DEVICES* 400.1 The licensee shall use only tanning equipment and devices that comply with these regulations. 400.2 Tanning equipment and devices shall meet the National Fire Protection Association National Electrical Code and shal…

401 DESIGN & CONSTRUCTION ─ TANNING EQUIPMENT AND DEVICES, PROTECTIVE EYEWEAR 401.1 If a consumer does not provide compliant protective eyewear, the licensee shall have compliant protective eyewear available for the consumer to use during any use of tanning equipment. 401.2 The l…

402 DESIGN & CONSTRUCTION ─ TANNING EQUIPMENT AND DEVICES, TIMER 402.1 Each assembly of tanning equipment and devices shall be equipped with a timer which complies with the requirements of 21 C.F.R. § 1040.20(c)(2) (Sunlamp products and ultraviolet lamps intended for use in sunla…

403 DESIGN & CONSTRUCTION ─ TANNING STAND-UP BOOTHS, CABINETS AND VERTICAL TANNING DEVICES – ADDITIONAL REQUIREMENTS AND TEMPERATURE* 403.1 Tanning stand-up booths or cabinets or vertical tanning devices shall have physical barriers or other means compliant with 21 C.F.R. § 1040.…

404 DESIGN & CONSTRUCTION ─ TANNING EQUIPMENT AND DEVICES, SUPPLIES, INSTALLATION, AND USE* 404.1 No person shall make, sell, lease, transfer, lend, repair, assemble, recertify, upgrade, or install tanning equipment, devices, or lamps or provide supplies used in connection with s…

405 DESIGN & CONSTRUCTION ─ TANNING EQUIPMENT AND DEVICES, AND SUPPLIES, BULBS, SHIELDING* 405.1 Each ultraviolet lamp contained within the sunlamp product shall be shielded by two (2) one-piece covers (top and bottom) without cracks or breaks in the acrylic surfaces to prevent c…

406 DESIGN & CONSTRUCTION ─ TANNING EQUIPMENT AND DEVICES, AND SUPPLIES, REPLACEMENT, ULTRAVIOLET LAMPS, BULBS OR FILTERS, COMPATIBILITY* 406.1 The licensee shall only use lamps which have been certified by the FDA as “equivalent” lamps under the FDA regulations and policies appl…

407 MAINTENANCE ─ TANNING EQUIPMENT, TIMER, GOOD REPAIR AND ACCURATE CALIBRATION* 407.1 Tanning equipment and devices shall be maintained in good repair in order to prevent any mechanical safety hazards. 407.2 The licensee shall ensure that tests are performed quarterly on each a…

408 CLEANING & SANITIZING ─ EQUIPMENT AND DEVICES, TABLES AND CHAIRS, AND TEST KITS 408.1 All tanning equipment and devices shall be constructed with a smooth, cleanable, nonabsorbent surface, and shall be cleaned and sanitized after each tanning session. 408.2 All tanning equipm…

409 WATER SOURCE ─ APPROVED SYSTEM* 409.1 The only approved system for drinking water is the District of Columbia public water system. 409.2 A tanning facility shall not obtain water for its operations from a water system that is not the District of Columbia public water system. …

410 WATER SOURCE ─ BOTTLED DRINKING WATER* 410.1 Bottled drinking water used in a tanning facility shall be obtained from approved sources in accordance with 21 C.F.R. § 129.1 (Current good manufacturing practice). SOURCE: Final Rulemaking published at 60 DCR 3582 (March 15, 2013…

411 WATER QUALITY ─ STANDARDS* 411.1 Water from a public water system or potable water shall meet the requirements of the applicable provisions of 40 C.F.R. Part 141 (National Primary Drinking Water Regulations), and District of Columbia drinking water quality standards. 411.2 Po…

412 WATER CAPACITY ─ QUANTITY AND AVAILABILITY 412.1 The water source and system shall be of sufficient capacity to meet the water demands of the tanning facility. 412.2 Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughou…

500 MATERIALS ─ APPROVED MATERIALS, USE* 500.1 Each tanning facility’s plumbing system and hoses conveying water shall be constructed and repaired with approved materials according to the International Plumbing Code (2006 edition), Subtitle F (Plumbing Code Supplement) of Title 1…

501 DESIGN, CONSTRUCTION, AND INSTALLATION ─ APPROVED SYSTEM AND CLEANABLE FIXTURES* 501.1 Each tanning facility’s plumbing system shall be designed, constructed, and installed according to the International Plumbing Code (2006 edition), Subtitle F (Plumbing Code Supplement) of T…

502 DESIGN, CONSTRUCTION, AND INSTALLATION ─ HANDWASHING SINKS, WATER TEMPERATURE, AND FLOW 502.1 All handwashing sinks, including those in toilet rooms, shall be equipped to provide water at a temperature of at least one hundred degrees Fahrenheit (100 °F) (thirty-eight degrees …

503 HANDWASHING SINKS ─ HANDWASHING CLEANSER, AVAILABILITY, HAND DRYING PROVISION, AND HANDWASHING SIGNAGE 503.1 An automatic handwashing facility may be substituted for a handwashing sink in a tanning facility that has at least one (1) handwashing sink. 503.2 An automatic handwa…

504 HANDWASHING SINKS ─ DISPOSABLE TOWELS, WASTE RECEPTACLE 504.1 A handwashing sink or group of adjacent sinks that is supplied with disposable towels or suitable drying devices shall be provided with a waste receptacle as specified in Subsections 507.2 and 507.3. SOURCE: Final …

505 DESIGN, CONSTRUCTION AND INSTALLATION – TOILETS AND URINALS, ENCLOSED 505.1 Toilet facilities shall be provided in accordance with Section 506 and the International Plumbing Code (2006 edition), Subtitle F (Plumbing Code Supplement) of Title 12 of the District of Columbia Mun…

506 TOILETS AND URINALS ─ NUMBER, CAPACITY, CONVENIENCE AND ACCESSIBILITY, PROHIBITION* 506.1 Each tanning facility shall maintain toilet facilities for employees, which shall consist of a toilet room or toilet rooms with proper and sufficient water closets and lavatories. Toilet…

507 TOILETS AND URINALS ─ TOILET TISSUE, RECEPTACLE COVERED AND AVAILABLE 507.1 The licensee shall provide a supply of toilet tissue at each toilet. 507.2 The licensee shall provide a waste receptacle in each toilet room. 507.3 The licensee shall provide a covered receptacle for …

508 OPERATION AND MAINTENANCE ─ SYSTEM MAINTAINED IN GOOD REPAIR* 508.1 Each tanning facility’s plumbing system shall be: (a) Repaired according to the International Plumbing Code (2006 edition), Subtitle F (Plumbing Code Supplement) of Title 12 of the District of Columbia Munici…

600 DESIGN & CONSTRUCTION ─ BUILDING MATERIALS AND WORKMANSHIP 600.1 The licensee of a newly constructed, remodeled or renovated tanning facility shall ensure that the design, construction, building materials, and workmanship complies with the District’s Construction Codes of 200…

601 DESIGN & INSTALLATION ─ LIGHTING AND ELECTRONIC DEVICES* 601.1 All rooms of a tanning facility shall have at least one (1) electrical source of light. Lighting luminaries and fixtures may be of incandescent, fluorescent, high density discharge, or light emitting dial (LED) ty…

602 DESIGN & INSTALLATION ─ SMOKE ALARMS 602.1 Each distinct area of a tanning facility separated by a doorway, whether or not a door is currently present, shall be equipped with at least one (1) working smoke alarm which is installed, maintained, and tested according to the Inte…

603 DESIGN & INSTALLATION ─ HEATING AND VENTILATION SYSTEMS AND POSTING* 603.1 All restrooms, locker rooms, and toilet rooms shall be adequately ventilated so that excessive moisture is removed from the room. Acceptable ventilation includes mechanical exhaust ventilation, a recir…

604 CONSTRUCTION & INSTALLATION ─ FLOORS, WALLS, CEILINGS, AND UTILITY LINES 604.1 All floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are smooth and easily cleanable, except that antislip floor coverings or appli…

605 CLEANABILITY ─ FLOORS, WALLS, CEILINGS, AND UTILITY LINES 605.1 Utility service lines and pipes shall not be unnecessarily exposed. 605.2 Exposed utility service lines and pipes shall be installed so they do not obstruct or prevent cleaning of the floors, walls, or ceilings. …

606 CLEANABILITY ─ FLOOR AND WALL JUNCTURES, COVERED, AND ENCLOSED OR SEALED 606.1 Floor and wall junctures shall be covered and closed to no larger than one millimeter (1 mm.) or one thirty-second of an inch (1/32 in.). 606.2 Covering of floor and wall junctures shall be sealed.…

607 CLEANABILITY ─ FLOOR CARPETING, RESTRICTIONS AND INSTALLATION 607.1 A floor covering such as carpeting or similar material shall not be installed as a floor covering in toilet room areas where handwashing sinks, toilets, or urinals are located; refuse storage rooms; or other …

608 CLEANABILITY ─ FLOOR COVERING, MATS AND DUCKBOARDS 608.1 The licensee or manager shall inspect the premises prior to each consumer’s use to ensure that the floors are dry. 608.2 Mats and duckboards shall be designed to be removable and easily cleanable. SOURCE: Final Rulemaki…

609 PHYSICAL FACILITIES ─ MAINTENANCE, FLOORS, PUBLIC AREAS 609.1 The physical facilities shall be maintained in good repair and cleaned as often as necessary to keep them clean. 609.2 Every floor and floor covering, shall be kept clean and in good repair, sanitized, or replaced …

610 PHYSICAL FACILITIES ─ CLEANABILITY, SANITIZATION AND MAINTENANCE OF PLUMBING FIXTURES 610.1 Plumbing fixtures such as handwashing sinks, toilets, and urinals shall be cleaned as often as necessary to keep them clean and well-maintained. 610.2 All tanning facilities shall be e…

611 PHYSICAL FACILITIES ─ MAINTAINING PREMISES, UNNECESSARY ITEMS AND LITTER 611.1 The grounds surrounding a tanning facility under the control of the licensee shall be kept in a clean and litter-free condition. 611.2 The methods for adequate maintenance of grounds include, but a…

612 PHYSICAL FACILITIES ─ CONTROLLING PESTS* 612.1 The presence of insects, rodents, and other pests shall be controlled to eliminate their presence on the premises by: (a) Routinely inspecting the premises for evidence of pests;N (b) Using methods, if pests are found, such as tr…

613 PHYSICAL FACILITIES ─ REMOVING DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS 613.1 Dead or trapped birds, insects, rodents, and other pests shall be removed from a trap or the traps shall be discarded from the premises at a frequency that prevents accumulation, dec…

614 PHYSICAL FACILITIES ─ PROHIBITING ANIMALS* 614.1 Patrol dogs accompanying police or security officers and sentry dogs running loose in outside fenced areas or dogs providing assistance to individuals with physical handicaps may be allowed in a tanning facility if the presence…

700 REFUSE FACILITIES ON PREMISES ─ RECEPTACLES, STORAGE AREAS, GOOD REPAIR, AND OUTSIDE STORAGE AREAS & REMOVAL FREQUENCY 700.1 An inside storage room or area, outside storage area or enclosure, and receptacles shall be of sufficient capacity to hold the refuse that accumulate. …

701 REMOVAL FREQUENCY 701.1 The licensee shall maintain a copy of the facility’s professional service contract which documents the following information: (a) Name and address of its District-licensed trash or solid waste contractor; (b) Duration of the contract; and (c) Frequency…

800 LICENSE REQUIREMENTS ─ PREREQUISITES FOR OPERATING, VENDING, OR MANAGING, OR TRAINING* 800.1 No person shall own, open, or operate a tanning facility in the District without a tanning facility license issued by the Mayor. 800.2 No person shall own, open, or operate a tanning …

801 APPLICATION PROCEDURE ─ PERIOD AND FORM OF SUBMISSION, PROCESSING 801.1 An applicant shall submit an application for a license at least thirty (30) calendar days before the date planned for opening a tanning facility or at least thirty (30) calendar days before the expiration…

802 APPLICATION PROCEDURE ─ CONTENTS OF THE APPLICATION PACKET 802.1 An application for a license to operate a tanning facility shall include the full name(s), true name(s) or any other name(s) used by the applicant, and the following information: (a) The present address and tele…