900.1 The Department shall determine a tanning facility's compliance with these regulations by conducting on-site:

1. (a) Preoperational inspections;
2. (b) Unannounced routine annual and follow-up inspections; and
3. (c) Unannounced complaint generated inspections.

900.2 After representatives of the Department present official credentials and provide notice of the purpose and intent to conduct an inspection in accordance with these regulations, the applicant or licensee shall allow the Department access to any part, portion, or area of a tanning facility.

900.3 The Department may enter and inspect all aspects of a tanning facility, including but not limited to tanning rooms, locker rooms, bathrooms, employee lounge areas, kitchens/food service facilities, or other areas of a tanning facility for the following purposes:

1. (a) To determine if the tanning facility is in compliance with these regulations;
2. (b) To investigate an emergency affecting the public health if the tanning facility is or may be involved in the matter causing the emergency;
3. (c) To investigate, examine, and sample or swab equipment, devices, fixtures, linens, furnishings, garments, or other supplies; and
4. (d) To obtain information and examine and copy all records on the premises relating to the purchase, sale, lease, transfer, loan, assemble, certification, upgrade, installation, service, or repair of tanning equipment and devices.

900.4 If a person denies the Department access to any part, portion, or area of a tanning facility, the Department shall inform the individual that:

1. (a) The applicant or licensee is required to allow access to the Department, as specified in Sections 900.1, 900.2, and 900.3;
2. (b) Access is a condition of the receipt and retention of a license as specified in Section 808.5;
3. (c) If access is denied, an inspection order allowing access may be obtained in accordance with District law; and

(d) The Department is making a final request for access.

900.5 If the Department presents credentials and provides notice as specified in Section 900.2, explains the authority upon which access is requested, and makes a final request for access as specified in Section 900.4(d), and the applicant or licensee continues to refuse access, the Department shall provide details of the denial of access on the inspection report.

900.6 If the Department is denied access to a tanning facility for an authorized purpose, after complying with Sections 900.2 through 900.4, the Department may:

(a) Summarily suspend a license to operate a tanning facility in accordance with Section 1108;

(b) Revoke or suspend a license to operate a tanning facility in accordance with Section 1113; or

(c) Request that the Office of the Attorney General for the District of Columbia commence an appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief from the court including but not limited to administrative search warrants, to enforce these regulations in accordance with the Department of Health Functions Clarification Act of 2002, effective October 3, 2001, as amended, (D.C. Law 14-28; D.C. Official Code § 7-731(b) (2008 Repl.; 2012 Supp.)).

SOURCE: Final Rulemaking published at 60 DCR 3582 (March 15, 2013).