State Codes and Statutes

Statutes > Utah > Title-26 > Chapter-15 > 26-15-13

26-15-13. Regulation of tanning facilities.
(1) For purposes of this section:
(a) "Phototherapy device" means equipment that emits ultraviolet radiation used by ahealth care professional in the treatment of disease.
(b) (i) "Tanning device" means any equipment that emits electromagnetic radiation withwavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including:
(A) a sunlamp; and
(B) a tanning booth or bed.
(ii) "Tanning device" does not include a phototherapy device.
(c) "Tanning facility" means any commercial location, place, area, structure, or businesswhich provides persons access to any tanning device.
(2) A tanning facility shall:
(a) annually obtain a permit to do business as a tanning facility from the local healthdepartment with jurisdiction over the location in which the facility is located; and
(b) in accordance with Subsection (3) post a warning sign in a conspicuous location thatis readily visible to a person about to use a tanning device.
(3) The posted warning and written consent required by Subsections (2) and (5) shall bedeveloped by the department through administrative rules.
(4) It is unlawful for any operator of a tanning facility to allow a person younger than 18years old to use a tanning device unless the minor's parent or legal guardian:
(a) appears in person at the tanning facility the first time that the minor uses a tanningdevice, and at least once each 12 month period thereafter in which the minor uses the tanningdevice; and
(b) signs the consent form required in Subsection (5).
(5) The written consent required by Subsection (4) shall be signed and dated, and shallinclude at least:
(a) information concerning the health risks associated with the use of a tanning device;
(b) if the individual using the tanning device is a minor, a statement that:
(i) the parent or legal guardian of the minor has read and understood the warnings givenby the tanning facility, and consents to the minor's use of a tanning device;
(ii) the parent or legal guardian agrees that the minor will use protective eye wear; and
(iii) includes the number of tanning sessions within the 12 month period of time theparent is authorizing for the minor.
(6) A violation of this section:
(a) is a class C misdemeanor; and
(b) may result in the revocation of a permit to do business as a tanning facility.
(7) This section supercedes any ordinance enacted by the governing body of a politicalsubdivision that imposes restrictions on access to a tanning device by a person younger than age18 that is not essentially identical to the provisions of this section.

Enacted by Chapter 25, 2007 General Session