§ 31-38-8. Written Report of Injury Requirement; Use of Equipment by Minors Restricted; Equipment Maintenance Requirements; Restriction on Promoting and Advertising Certain Health-Related Claims
The tanning facility owner or operator shall compile a written report of actual or alleged injury from use of tanning equipment within five working days after occurrence or notice thereof. Such report shall be maintained for a period of not less than three years and shall be available for inspection and copying by any consumer. […]
§ 31-38-9. Noncompliance With Chapter
Any person who leases tanning equipment or who owns a tanning facility as defined by this chapter who operates or permits to be operated that equipment or facility in noncompliance with the requirements of this chapter shall be guilty of a misdemeanor. History. Code 1981, § 31-38-9 , enacted by Ga. L. 1991, p. 1411, […]
§ 31-38-10. Private Right of Action Authorized
In addition to any other rights or remedies otherwise provided to consumers by law, any consumer who is damaged by any violation of this chapter may bring an action in superior court to recover a penalty fee of no less than $1,000.00 and to recover any actual, consequential, or punitive damages the court deems appropriate. […]
§ 31-38-11. Variance Permitted
Any tanning facility which finds that it is not possible to comply with Code Section 31-38-4 may apply to the Attorney General for a variance from the requirements of Code Section 31-38-4. Any such variance granted by the Attorney General shall be in writing and shall be drawn as narrowly as possible. History. Code 1981, […]
§ 31-38-12. Effect of Chapter on Administrator; Administrator’s Immunity From Liability
Nothing contained in this chapter shall be construed as imposing any duty, requirement, or enforcement authority upon the Attorney General except as described in Code Section 31-38-11, provided that nothing contained in this chapter shall be construed in any manner as limiting the Attorney General from exercising any of his or her duties, powers, or […]
§ 31-38-1. Definitions
As used in this chapter, the term: “CFR” means Code of Federal Regulations. (1.1) “Consumer” means any individual who is provided access to a tanning facility as defined in this chapter. “Individual” means any human being. “Operator” means any individual designated by the tanning facility owner or tanning equipment lessee to operate or to assist […]
§ 31-38-2. Exemptions From Applicability of Chapter
Any person is exempt from the provisions of this chapter to the extent that such person: Uses equipment which emits ultraviolet radiation incidental to its normal operation; and Does not use the equipment described in paragraph (1) of this subsection to deliberately expose parts of the living human body to ultraviolet radiation for the purpose […]
§ 31-38-3. Construction, Operation, and Maintenance Requirements
Each tanning facility in this state shall be constructed, operated, and maintained in accordance with the requirements of Code Sections 31-38-4 through 31-38-8. History. Code 1981, § 31-38-3 , enacted by Ga. L. 1991, p. 1411, § 2.
§ 31-38-4. Warning Sign to Be Posted; Contents of Warning Sign
The facility owner or operator shall conspicuously post the warning sign described in subsection (b) of this Code section within three feet of each tanning station and in such a manner that the sign is clearly visible, not obstructed by any barrier, equipment, or other object, and can be easily viewed by the consumer before […]
§ 31-38-4.1. Regulation of Tanning Facilities
After January 1, 2011, no person shall establish, maintain, or operate a tanning facility without first having registered with the department. A person shall register under this Code section by submitting a form to the department. The form shall require only the name, address, and telephone number of the tanning facility and owner and the […]