Regulation of tanning facilities

(a) After January 1, 2011, no person shall establish, maintain, or operate a tanning facility without first having registered with the department. (b) A person shall register under this Code section by submitting a form to the department. The form shall require only the name, address, and telephone number of the tanning facility and owner and the model number and type of each ultraviolet lamp used in the tanning facility. (c) A registrant shall be required to pay an annual registration fee of $25.00 per tanning facility and an additional registration fee of $15.00 per tanning device owned, leased, or otherwise used by the tanning facility. History. — Code 1981, § 31-38-4.1, enacted by Ga. L. 2010, p. 548, § 2-1/SB 435. Editor’s notes. — Ga. L. 2010, p. 548, § 1-1/SB 435, not codified by the General Assembly, provides: ‘‘The General Assembly finds that: ‘‘(1) Diabetes is a chronic disease caused by the inability of the pancreas to produce insulin or to use the insulin produced in the proper way; ‘‘(2) If untreated and poorly managed, diabetes has been medically proven to lead to blindness, kidney failure, amputation, heart attack, and stroke; ‘‘(3) Diabetes is the sixth leading cause of death in the United States, responsible for a similar number of deaths each year as HIV/AIDS; ‘‘(4) In Georgia, the prevalence of diabetes is 8 percent higher than the nation as a whole; ‘‘(5) One out of three people with diabetes are not aware that they have the disease; ‘‘(6) Without aggressive societal action, the number of people living with diabetes in Georgia will more than double to 1,697,000 people in the next 20 years, cutting life short for these people by ten to 20 years; and ‘‘(7) Without aggressive societal action, the economic burden of diabetes on the State of Georgia is expected to grow from $5 billion each year to about $11.9 billion in the next 20 years.’’ Ga. L. 2010, p. 548, § 1-2/SB 435, not codified by the General Assembly, provides: ‘‘This Act shall be known and may be cited as the ‘Diabetes and Health Improvement Act of 2010.’ ’’ 31-38-5. Compliance with federal regulations and national electrical code; physical barriers required. (a) The tanning facility owner or operator shall use only tanning equipment manufactured in accordance with the specifications set forth in 21 CFR 1040.20. The exact nature of compliance shall be based on the standards in effect at the time of manufacture as shown on the device identification label required by 21 CFR 1010.3. (b) Each assembly of tanning equipment shall be designated for use by only one consumer at a time and shall be equipped with a timer which complies with the requirements of 21 CFR 1040.20(c)(2). The maximum timer interval shall not exceed the manufacturer’s maximum recommended exposure time. No timer interval shall have an error 932 31-38-7 exceeding plus or minus 10 percent of the maximum timer interval for the product. (c) Tanning equipment shall meet the National Fire Protection Association National Electrical Code and shall be provided with ground fault protection on the electrical circuit. (d) Tanning equipment shall include physical barriers to protect consumers from injury induced by touching or breaking the lamps. History. — Code 1981, § 31-38-5, enacted by Ga. L. 1991, p. 1411, § 2. 31-38-6. Stand-up tanning booth requirements.