Authority: IC 25-8-3-22

Affected: IC 25-8-15.4-14

Sec. 28. (a) No customer shall be allowed to use a sunlamp product having a defective timer.

(b) All sunlamp products shall be maintained in compliance with this rule concerning repair, labeling, and alteration and accessibility of timing devices. If a part must be replaced, the defective part shall be replaced with a part which complies with 21 CFR 1040.20(c) (April 1988 Edition). Sunlamp products shall be maintained as follows:

1. (1) For each sunlamp product and ultraviolet lamp, the ratio of the irradiance within the wavelength range of greater than two hundred (200) nanometers through two hundred sixty (260) nanometers to the irradiance within the wavelength range of greater than two hundred sixty (260) nanometers through three hundred twenty (320) nanometers shall not exceed three-thousandths (0.003) at any distance or direction from the product or lamp.

2. (2) Each sunlamp product shall incorporate a timing device with multiple timer settings adequate for the manufacturer's recommended exposure intervals as follows:

   1. (A) The timer may not automatically reset and cause radiation emission to resume for a period greater than the unused portion of the timer cycle when emission from the sunlamp product has been terminated.
   2. (B) The timing device shall not automatically reset when emission from the sunlamp product has been terminated. This requirement does not preclude the ability of the customer to reset the time.
   3. (C) The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time. No timer shall have an error greater than ten percent (10%) of the maximum timer interval for the product.

(State Board of Cosmetology and Barber Examiners; 820 IAC 5-1-28; filed Mar 17, 1992, 10:20 a.m.: 15 IR 1380; readopted filed Jul 17, 2001, 9:57 a.m.: 24 IR 4236; readopted filed Jul 19, 2007, 1:01 p.m.: 20070808-IR-820070046RFA; readopted filed Nov 25, 2013, 9:22 a.m.: 20131225-IR-820130286RFA; readopted filed Nov 27, 2019, 3:14 p.m.: 20191225-IR- 820190183RFA) NOTE: Transferred from the Indiana State Department of Health (410 IAC 6-13-28) to the State Board of Cosmetology Examiners (820 IAC 5-1-28) by P.L.142-1995, SECTION 33, effective July 1, 1995.