1.The owner of a tanning facility shall ensure that all of the following are fulfilled:
a.A customer under eighteen years of age may not be permitted to use the tanning
facility until the customer provides the facility with written consent, in a form
prescribed by the department, of a parent or legal guardian to use the tanning
facility. The consent must indicate that the parent or legal guardian has read the
warnings required by this chapter and that the customer agrees to wear food and
drug administration-approved protective eyewear. The parent or legal guardian
shall provide a notarized statement of consent or sign the consent form in the
presence of the owner of the tanning facility or an employee responsible for the
operation of the ultraviolet radiation device of the facility. The
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1. The owner of a tanning facility shall ensure that all of the following are fulfilled:
a. A customer under eighteen years of age may not be permitted to use the tanning
facility until the customer provides the facility with written consent, in a form
prescribed by the department, of a parent or legal guardian to use the tanning
facility. The consent must indicate that the parent or legal guardian has read the
warnings required by this chapter and that the customer agrees to wear food and
drug administration-approved protective eyewear. The parent or legal guardian
shall provide a notarized statement of consent or sign the consent form in the
presence of the owner of the tanning facility or an employee responsible for the
operation of the ultraviolet radiation device of the facility. The written consent form
expires twelve months from the date signed. A customer under the age of
fourteen years may not be allowed to utilize a tanning device at a tanning facility
without a written order from a physician licensed in this state and without being
accompanied by a parent or legal guardian for every use of the tanning facility.
b. During operating hours there is present at the tanning facility a trained operator
who is able to inform customers about, and assist customers in, the proper use of
tanning devices.
c. Each tanning bed is properly sanitized after each use.
d. Properly sanitized and securely fitting food and drug administration-approved
protective eyewear that protects the wearer's eyes from ultraviolet radiation and
allows enough vision to maintain balance is made available to the customer.
e. A customer is not allowed to use a tanning device unless the customer agrees to
use food and drug administration-approved protective eyewear.
f. A customer is shown how to use such physical aids as handrails and markings on
the floor to determine the proper distance from the tanning device.
g. A timing device that is accurate within ten percent is used.
h. Each tanning device is equipped with a mechanism that allows the customer to
turn off the tanning device.
i. A customer is limited to the maximum exposure time recommended by the
manufacturer.
j. A customer is not allowed to use a tanning device more than once every
twenty-four hours.
k. The interior temperature of the tanning facility does not exceed one hundred
degrees Fahrenheit.
l. The statements under subdivision a of subsection 2 are retained by the tanning
facility for the lesser of three years or until the customer signs a new statement.
2. A user of a tanning facility shall do all of the following:
a. Immediately before the customer's first use of a tanning facility in a year, sign a
statement acknowledging that the customer has read and understands the notice
under subsection 2 of section 23-39-03 and the warning sign under subsection 3
of section 23-39-03 and specifying that the customer agrees to use food and drug
administration-approved protective eyewear.
b. Use food and drug administration-approved protective eyewear at all times while
using a tanning device.