2013 New York Consolidated Laws
PBH - Public Health
Article 35-A - (3550 - 3555) ULTRAVIOLET RADIATION DEVICES
3555 - Restrictions on the use of ultraviolet radiation devices.

 
    §  3555.  Restrictions on the use of ultraviolet radiation devices. 1.
  No owner, operator, or employee of a tanning facility shall  permit  the
  use  of  the tanning facility by a person eighteen years of age or older
  until such person provides a  driver's  license  or  other  photographic
  identification  card  issued  by  a  government  entity  or  educational
  institution indicating that the individual is at least eighteen years of
  age and the facility has on file a signed written statement, in  a  form
  prescribed  by the commissioner, acknowledging that such person has read
  the warnings required  under  subdivision  two  of  section  thirty-five
  hundred  fifty-four  of  this  article and agrees to wear safety goggles
  before using an ultraviolet radiation device. Such signed  statement  of
  acknowledgment  may  be  retained  by  the tanning facility off premises
  provided that an electronic image or facsimile of  the  original  signed
  statement  of  acknowledgment  is  readily  available  by  the  owner or
  employee responsible for the  operation  of  the  ultraviolet  radiation
  device of such facility.
    2.  No owner, operator, or employee of a tanning facility shall permit
  the use of an ultraviolet radiation device  by  a  person  seventeen  to
  eighteen  years  of  age until such person provides the tanning facility
  with the written consent, in a form prescribed by the commissioner, of a
  parent or legal guardian to use such tanning  facility.  The  parent  or
  legal guardian shall sign such 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 such facility indicating  that  such
  parent  or guardian has read the warnings required under subdivision two
  of section thirty-five hundred fifty-four of this article and  that  the
  person  seventeen to eighteen years of age agrees to wear safety goggles
  before using an ultraviolet  radiation  device.  Such  original  written
  consent shall be retained by the tanning facility for a period of twelve
  months  and  may  be  retained  off premises provided that an electronic
  image or facsimile of  the  original  signed  consent  form  is  readily
  available  by the owner or employee responsible for the operation of the
  ultraviolet radiation device of such facility.
    ** 3.  A written consent form signed by a  parent  or  legal  guardian
  pursuant  to  subdivision two of this section shall expire twelve months
  from the date it is signed by the parent or  legal  guardian.  Upon  the
  expiration  of  a  written  consent form, a new written consent shall be
  provided in the manner prescribed in subdivision  two  of  this  section
  prior  to  the  use  of  an  ultraviolet  radiation device by any person
  seventeen to eighteen years of age.
    ** NB There are 2 sb 3's
    4. No owner, operator, or employee of a tanning facility shall  permit
  the  use  of an ultraviolet radiation device by persons sixteen years of
  age and under.
    ** 3.  This section shall be exclusive and shall preempt any  contrary
  local  law  or  ordinance, except that this section shall not preempt or
  supersede  local  laws  or  ordinances  imposing   additional   stricter
  restrictions  on  the use and operation of ultraviolet radiation devices
  at tanning facilities which are in effect prior to the effective date of
  this section.
    ** NB There are 2 sb 3's