DAR File No. 42491

Health, Disease Control and Prevention, Environmental Services

Rule R392-700

Indoor Tanning Bed Sanitation

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 42491
Filed: 01/19/2018 11:34:34 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Rule R392-700 is authorized under Section 26-1-5, Subsection 26-15-2(18), and Section 26-15-13. Section 26-1-5 gives the Department of Health (Department) rulemaking authority to carry out the provisions of Title 26. Subsection 26-15-2(18) authorizes the Department to adopt rules and enforce minimum sanitary standards for the operation and maintenance of commercial tanning facilities. Section 26-15-13 details specific prohibitions for minors, and establishes powers and duties of the Department to adopt rules and enforce minimum sanitary standards for the operation and maintenance of commercial tanning facilities.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Department sought comments from the local health departments in Utah, as well as the commercial tanning industry. No comments were received in opposition to a continuation of Rule R392-700. An individual from one local health department provided a comment, asking the Department to consider a revision of a select regulatory requirement as summarized: From the Weber-Morgan Health Department: Section R392-700-10 requires the operator to sanitize items with chlorine or quaternary ammonia compound. Should the rule require the operator to use sanitizer test strips to ensure adequate chemical concentration?

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Continuation of Rule R392-700 is recommended by the Department. This rule establishes a minimum set of sanitation, maintenance, and operation standards that a commercial tanning facility can meet to protect the health of patrons, and to ensure that the facility and equipment is maintained in a clean and sanitary condition.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Chris Nelson at the above address, by phone at 801-538-6739, by FAX at , or by Internet E-mail at chrisnelson@utah.gov

Effective:

01/19/2018

Authorized by:

Joseph Miner, Executive Director