Title 31 — Title 31
0 chapters · 651 sections in this title.
O.C.G.A. § 31-38-1 Definitions
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As used in this chapter, the term: (1) ‘‘CFR’’ means Code of Federal Regulations. (1.1) ‘‘Consumer’’ means any individual who is provided access to a tanning facility as defined in this chapter. (2) ‘‘Individual’’ means any human being. (3) ‘‘Operator’’ means any individual desig…
O.C.G.A. § 31-38-10 Private right of action authorized
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In addition to any other rights or remedies otherwise provided to consumers by law, any consumer who is damaged by any violation of this chapter may bring an action in superior court to recover a penalty fee of no less than $1,000.00 and to recover any actual, consequential, or p…
O.C.G.A. § 31-38-11 Variance permitted
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Any tanning facility which finds that it is not possible to comply with Code Section 31-38-4 may apply to the Attorney General for a variance 935 31-38-12 from the requirements of Code Section 31-38-4. Any such variance granted by the Attorney General shall be in writing and shal…
O.C.G.A. § 31-38-2 Exemptions from applicability of chapter
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(a) Any person is exempt from the provisions of this chapter to the extent that such person: (1) Uses equipment which emits ultraviolet radiation incidental to its normal operation; and (2) Does not use the equipment described in paragraph (1) of this subsection to deliberately e…
O.C.G.A. § 31-38-3 Construction, operation, and maintenance requirements
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Each tanning facility in this state shall be constructed, operated, and maintained in accordance with the requirements of Code Sections 31-38-4 through 31-38-8. History. — Code 1981, § 31-38-3, enacted by Ga. L. 1991, p. 1411, § 2. 930 31-38-4 31-38-4. Warning sign to be posted; …
O.C.G.A. § 31-38-4 Warning sign to be posted; contents of warning sign
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(a) The facility owner or operator shall conspicuously post the warning sign described in subsection (b) of this Code section within three feet of each tanning station and in such a manner that the sign is clearly visible, not obstructed by any barrier, equipment, or other object…
O.C.G.A. § 31-38-4.1 Regulation of tanning facilities
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(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, add…
O.C.G.A. § 31-38-6 Stand-up tanning booth requirements
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Tanning booths designed for stand-up use shall also comply with the following additional requirements: (1) Booths shall have physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer’…
O.C.G.A. § 31-38-7 Protective goggles requirement
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(a) The tanning facility owner or operator shall provide protective goggles to each consumer for use during any use of tanning equipment. (b) The protective goggles required in subsection (a) of this Code section shall meet the requirements of 21 CFR 1040.20(c)(5). (c) Tanning fa…
O.C.G.A. § 31-38-9 Noncompliance with chapter
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Any person who leases tanning equipment or who owns a tanning facility as defined by this chapter who operates or permits to be operated that equipment or facility in noncompliance with the requirements of this chapter shall be guilty of a misdemeanor. History. — Code 1981, § 31-…