North Dakota Code 23-39-05 – Duties
1. The owner of a tanning facility shall ensure that all of the following are fulfilled:
Terms Used In North Dakota Code 23-39-05
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
- year: means twelve consecutive months. See North Dakota Code 1-01-33
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.