Tanning salon operator

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1°. Defining the activity

a. Definition

The tanning station operation involves making available to the public (with the exception of minors) tanning devices using ultraviolet (UV) rays of UV 1 and UV 3.

The tanning station operator is a professional who manages one or more establishments that provide this indoor tanning service to his clientele.

To go further Articles 1 and following of Decree No. 2013-1261 of December 27, 2013 relating to the sale and making available to the public certain devices using ultraviolet radiation.

b. Competent Business Formalities Centre (CFE)

The relevant CFE depends on the nature of the structure in which the activity is carried out.

For commercial companies, this is the Chamber of Commerce and Industry (CCI).

Good to know

The activity is considered commercial as long as the company has more than ten employees (except in the Lower Rhine, Upper Rhine and Moselle where the activity remains artisanal regardless of the number of employees of the company provided that it does not use an industrial process). On the other hand, if the company has ten or fewer employees, its activity is considered artisanal.

2°. Installation conditions

a. Professional qualifications

The operator of a tanning station that provides the consumer with such a device must:

• Be in possession of a valid certificate of competency to carry out its activity;
• make a statement of the tanning devices made available to the public in his living room.

Training

In order to qualify professionally, the professional must have undergon initial training or training to renew his previous certification in order to acquire the relative knowledge:

• the biological effects of artificial ultraviolet rays;
• health risks associated with exposure to these rays;
• the operation and maintenance of tanning devices
• regulations in this area.

The content of this training and its hourly volume is set in Schedules I and II of the order of June 29, 2017 on pre-availability training or participation in the provision of a tanning device to the public, as well as the certification procedures of training organizations and the accreditation requirements of organizations Certifiers.

This training is provided by institutions under the control of the National Education (cited in the 1st of Article 5) or by fomation agencies accredited by the French Accreditation Committee (Cofrac) and can be integrated into training courses preparing for the beautician diploma.

The candidate must complete the training for a minimum of twenty-five hours and be subject to a theoretical knowledge test and a practical test if the training is provided by a certified training organization.

At the end of the training, and if successful, the academy rector the training organization issues the professional a certificate of competency for a validity of five years. The professional who wishes to renew his certificate must undergo a new training course of a minimum of ten hours.

Good to know

The professional with a diploma allowing him to practice the profession of beautician obtained after January 1, 2014 is deemed to have acquired the certificate of skills in full right for a period of 5 years. It must renew this certificate at its expiry.

A professional who ceases his activity for at least two years must re-train in order to obtain the certificate of competency.

In addition, transitional arrangements are provided. Thus, the professional who does not hold an aesthetic diploma but holds a certificate of knowledge issued before June 30, 2016, retains the benefit of this certificate during its duration of validity. He will have to undergo a first training course when the validity of his certificate expires.

To go further Chapter II of the decree of 27 December 2013 mentioned above; June 29, 2017.

Conditions for tanning devices

The tanning devices used by the professional in his salon must:

• Be manufactured according to the rules of the art in terms of the safety of people and property, and be properly installed and maintained;
• wear the "EC" label (justifying that the product was manufactured in the European Union) in a visible, legible and indelible manner on electrical equipment or on its nameplate;
• don the trademark or trademark
• have an energy illumination for wavelength radiation of 320 nanometers or less than 1.5% of the total UV energy illumination emitted (as long as they emit radiation of a wavelength of 320 or less nanometers).

In addition, the technical characteristics of the devices should not be changed by the user or operator.

The professional using these devices must also make their declaration to the competent authority (see infra "3.3. a. Statement of tanning devices").

To go further Article 15 of the order of 27 December 2013 as a result.

b. Professional Qualifications - European Nationals (Free Service Or Freedom of establishment)

There is no provision for the national of a Member State of the European Union (EU) or party to the agreement on the European Economic Area (EEA) to operate a tanning salon in France on a temporary and casual or permanent.

As such, the professional is subject to the same requirements as those required for the French national (see supra "2." a. Professional qualifications").

However, an EU national with a degree leading to the activity of beautician is subject to the regulations applicable to this occupation. He will then have to make a prior declaration in order to carry out his activity on a temporary and casual basis or an application for certification of qualification for a permanent exercise in France of his activity as a beautician.

For more information on the recognition of professional qualification of European nationals with the diploma of beautician, it is advisable to refer to the "Aesthetician" sheet.

c. Some peculiarities of the regulation of the activity

Billing

The professional is subject to compliance with the billing obligations and must issue a note to the customer in case of a benefit of an amount greater than or equal to 25 euros. This note should include the following information:

• Its date of writing;
• The provider's name and address
• The customer's name (if the customer does not object to it);
• The date and place of execution of the service
• the details of each benefit as well as the total amount payable (all taxes included and excluding taxes).

The professional must keep a double of this grade, rank them chronologically and keep them for two years.

To go further ( Order 83-50/A of 3 October 1983 relating to the price advertising of all services.

Making protective goggles available

The tanning salon operator must provide each customer with eyeglasses to ensure proper eye protection.

To go further Article 8 of the decree of 27 December 2013 mentioned above.

Particulars

Tanning devices should include:

• The UV category of the device as "UV1 type" or "UV3 type";
• for UV emitters, the range of equivalency code for ultraviolet transmitters;
• The visible and readable warning;
• in the vicinity of the aircraft, the warning in Schedule I of the order cited below;
• In the event of advertising, the following warning: "Be careful ! Exposure to radiation from a tanning device can cause skin and eye cancers and is responsible for premature skin aging. The existence of indoor tanning regulations does not eliminate the health risks of exposure, particularly the risk of cancer. The use of these devices is prohibited for persons under the age of 18. Wear the protective goggles provided."

To go further Article 9 of the decree of 27 September 2013 mentioned above; October 20, 2014 for information and warnings for tanning operators and users.

Prohibited:

• Providing a tanning device to a person under the age of 18;
• any commercial practice to promote or offer a service offering that includes the use, at will or free of charge, of a tanning device;
• any commercial practice to promote or offer preferential rates or promotional offers to provide services including the use of a tanning device;
• any commercial practice to suggest that exposure to ultraviolet radiation from a tanning device has a health benefit.

To go further Section 21 of the Health System Modernization Act of January 26, 2016.

Compliance with safety and accessibility standards

As long as the premises in which the professional operates are open to the public, he must ensure that the safety and accessibility standards applicable to all public institutions (ERP) are respected.

For example, fire prevention measures and access to premises for people with reduced mobility must be taken.

It is advisable to refer to the "Establishment receiving the public" sheet for more information.

To go further : order of 25 June 1980 approving the general provisions of the Fire and Panic Safety Regulation in public institutions (ERP).

Establishment control and technical control of tanning equipment

The professional may be subject to a review of his establishment by an accredited body dealing with:

• the hygiene of the premises
• The air-renewal system around the device
• How protective goggles are available;
• warnings and information leaflets for consumers.

In addition, its devices must undergo an initial technical check before their first use and then at least every two years by an organization accredited by the Cofrac.

This control, the contents of which are fixed to the Appendix 5 of the following order relates to:

• General visual control
• Mechanical and electrical safety control
• Controlling how the timer works
• Monitoring warning messages
• control of the radiation measurements emitted by the device.

To go further Article 10 of the 20 October 2014 order on the traceability of tanning devices and setting out the modalities of the control of these devices and the conditions for the accreditation of the supervisory bodies; Article 17 of the decree of 27 December 2013 above.

3°. Installation procedures and formalities

a. Statement of operation of a tanning device

Competent authority

The professional must submit his statement to the SDCSPP department of the place of use of the device.

Supporting documents

The application must contain the completed and signed form, the model of which is set out in Schedule I of the Order of October 20, 2014.

Timeframe

Upon receipt of the full professional statement, the DDCSPP sends him a return receipt with a registration number.

To go further Articles 2 and 3 of the order of 20 October 2014 on the traceability of tanning devices and setting out the modalities of the control of these devices and the conditions for the accreditation of the supervisory bodies.

Declaration of destruction or disposal of a tanning device

The professional who destroys or cedes his device must contact the Departmental Directorate of Social Cohesion and Population Protection (DDCSPP):

• A declaration of destruction or transfer form  ;
• A proof of destruction or surrender of this device.

To go further Article 16 of the decree of 27 December 2013.

b. Company reporting formalities

Competent authority

The professional operating a tanning station must report his company and for this, must make a declaration with the ICC.

Supporting documents

The person concerned must provide the supporting documents depending on the nature of its activity.

Timeframe

The ICC's Business Formalities Centre sends a receipt to the professional on the same day mentioning the missing documents on file. If necessary, the professional has a period of fifteen days to complete it. Once the file is complete, the ICC will tell the applicant which agencies their file has been forwarded to.

Remedies

The applicant may obtain the return of his file as long as it has not been submitted during the above deadlines.

If the CFE refuses to receive the file, the applicant has an appeal before the administrative court.

Cost

The cost of this declaration depends on the legal form of the company.

To go further Section 635 of the General Tax Code.

c. If necessary, register the company's statutes

The professional operating the tanning station operation must, once the company's statutes are dated and signed, register them with the corporate tax department ( Sie ) if:

• The act involves a particular transaction subject to registration;
• if the very form of the act requires it.

Competent authority

The registration authority is:

• The land advertising service of the location of the building, where the acts involve a contribution of real estate or real estate law;
• IES registration centre for all other cases.

Supporting documents

The professional must submit two copies of the statutes to the EIS.

To go further Section 635 of the General Tax Code.