What is the legal age to tan in North Dakota?

There is no age ban. A client under 18 needs written consent from a parent or legal guardian on the state's form, and a client under 14 also needs a written order from a North Dakota physician and a parent or guardian present at every session (NDCC 23-39-05(1)(a)).

Can a parent sign a North Dakota tanning consent form at home?

Only if the statement is notarized. Otherwise the parent or guardian signs in front of the owner or the employee who runs the equipment. Either way, the consent expires 12 months after it is signed.

How often can a client tan in North Dakota?

Once every 24 hours at most, and each session is limited to the manufacturer's maximum recommended exposure time for that unit (NDCC 23-39-05(1)(i) and (j)).

How much is a North Dakota tanning license?

Since January 1, 2026 the annual fee is $90 plus $10 per bed for a salon with 1 to 5 beds and $180 for more than 5 beds. A first license adds a $100 application fee. Licenses expire December 31, and a late renewal within 60 days costs an extra 50 percent (NDAC 33-42-01-10).

Do adult clients have to sign anything in North Dakota?

Yes. Before their first session each year, every client signs a statement that they have read the salon's written notice and warning sign and will wear FDA-approved eyewear (NDCC 23-39-05(2)(a)).

Tanning laws · ND

North Dakota tanning laws for salon owners

Last verified September 29, 2026

Researched and written by the TanVision team

General information, not legal advice. Check your state’s current rules.

The short answer

North Dakota does not ban minors from tanning. A client under 18 needs written parent or guardian consent, and a client under 14 also needs a doctor's written order and a parent present each visit. Every client signs a statement once a year, sessions are limited to one per 24 hours, and each salon needs a yearly state license.

North Dakota at a glance

Minimum age for UV tanning: No age ban. Under NDCC 23-39-05(1)(a) a client under 18 needs written consent from a parent or legal guardian, and a client under 14 also needs a written order from a physician licensed in North Dakota and a parent or guardian with them for every use. Source 1
Parental consent: Required under 18 (NDCC 23-39-05(1)(a)). The consent is written, on a form the Department of Health and Human Services prescribes, and states that the parent or guardian has read the chapter's warnings and that the minor agrees to wear FDA-approved eyewear. The parent either provides a notarized statement or signs in front of the owner or the employee who runs the equipment. It expires 12 months after signing. Under 14, a physician's written order is also needed, and a parent or guardian must come to every session. Source 1
Spray tan age rule: No spray-specific rule. Chapter 23-39 regulates "tanning devices", defined as equipment emitting radiation between 200 and 400 nanometers that is used to tan skin (NDCC 23-39-01(3)), and a search of the Century Code and Administrative Code finds no rule on sunless or airbrush tanning. The under-18 consent rule is worded for use of "the tanning facility", and the text does not say whether it reaches a spray-only visit at a salon that also has UV beds. Source 1
License or permit: A Department of Health and Human Services license for each tanning facility (the statute calls it a permit), displayed on site (NDCC 23-39-02; NDAC 33-42-01-10). It expires December 31 each year and is not transferable. Since January 1, 2026 the annual fee is $90 plus $10 per bed for 1 to 5 beds and $180 for more than 5 beds; a first license adds a $100 application fee, and a plan review, when required, costs half the annual fee. Renewing within 60 days after December 31 adds a 50 percent late fee. Source 2
Inspections: A pre-opening inspection before the first license and before a new license after a change of ownership (NDAC 33-42-01-10). The statute ties the fee to the cost of "routine and complaint inspections" (NDCC 23-39-02(2)), and refusing an inspection at a reasonable hour is grounds to deny, suspend or revoke a license (NDAC 33-42-01-11(1)(e)). No inspection frequency is set. In some areas a local health unit regulates tanning instead of the department (NDCC 23-39-02(3)). Source 2
Operator training: A trained operator must be at the facility during operating hours, able to inform customers about and help them with the proper use of tanning devices (NDCC 23-39-05(1)(b)). Neither the statute nor NDAC 33-42-01 sets training hours, a course or a certificate. Source 1
Time between sessions: A customer may not use a tanning device more than once every 24 hours, and each session is limited to the manufacturer's maximum recommended exposure time (NDCC 23-39-05(1)(i) and (j)). Source 1
Consent statement: Immediately before their first use of a tanning facility in a year, each customer signs a statement that they have read and understand the written notice and the warning sign and agree to wear FDA-approved eyewear (NDCC 23-39-05(2)(a)). The salon must give every customer the written notice set out in NDCC 23-39-03(2). Source 1
Client records: NDAC 33-42-01-09: each customer's total number of visits and the date and length of each exposure, the signed acknowledgment, and any parent or guardian consent, kept 3 years after the last visit. Device records, including service, inspections and bulb replacement dates, are kept 3 years. The statute separately says signed statements are kept for the lesser of 3 years or until the customer signs a new one (NDCC 23-39-05(1)(l)). Source 2
Injury reporting: When a customer reports a sunburn from a tanning device, the owner gives them written information on how to report it to the Department of Health and Human Services (NDCC 23-39-06). NDAC 33-42-01-08 says the report goes to the department on its form "as soon as possible" with the person's name, the date, the facility, the injury, the exposure length, the device and any treating provider. No day count is set. A health care provider who treats a tanning sunburn must also report it. Source 1
Protective eyewear: The owner must make sanitized, securely fitting FDA-approved protective eyewear available, and may not let a customer tan unless they agree to wear it; customers must wear it at all times while tanning (NDCC 23-39-05(1)(d), (1)(e) and (2)(b)). NDAC 33-42-01-02(6) defines protective eyewear as eyewear that meets 21 CFR 1040.20. Source 1
Replacement lamps: Replace lamps at the manufacturer's frequency or when damaged. A replacement must be compatible as the unit's manufacturer specifies or "substantially equivalent": within 10 percent of the original lamp's UV-B emission and meeting 21 CFR 1040.20(c)(1). Keep a record of replacement dates and the manufacturer's lamp literature, and never use a lamp designated for medical use (NDAC 33-42-01-05; NDCC 23-39-03(4)). Source 2
Timer checks: The timer must be accurate within 10 percent (NDCC 23-39-05(1)(g)), built into the device, meet 21 CFR 1040.20(c)(2), and have a maximum setting no longer than the manufacturer's maximum recommended exposure (NDAC 33-42-01-06(2)). No testing interval is set. Source 1

What North Dakota's tanning law covers

North Dakota's tanning law is chapter 23-39 of the Century Code, with the Department of Health and Human Services rules in NDAC chapter 33-42-01. The rules apply to anyone who makes tanning devices available to the public, including health clubs, apartment complexes and hotels (NDAC 33-42-01-01). A violation of the chapter or its rules is a class B misdemeanor, and the department can deny, suspend or revoke a license (NDCC 23-39-07).

The department's Food and Lodging Unit licenses salons in most of the state. The statute lets the department accept city or county enforcement that meets or exceeds the state rules (NDCC 23-39-02(3)), and the department's tanning jurisdictions map names seven local health units that regulate tanning in their own areas, including Bismarck-Burleigh Public Health for the City of Bismarck and Fargo Cass Public Health for Fargo and West Fargo. The department waives all or part of its fee where a local unit has jurisdiction (NDCC 23-39-02(2)).

On September 29, 2026 we ran the Legislative Branch's full-text search for exact matches of "tanning". In the Century Code it found chapter 23-39 and two privacy offenses that list a tanning booth among private places (NDCC 12.1-20-12.2 and 12.1-31-14). In the Administrative Code it found chapter 33-42-01 and a hazardous-waste rule on leather tanning. The search reads deep into each chapter: "Canadian" finds section 57-39.2-28, near the end of the 47-page sales tax chapter.

At the front desk

Display your license where customers can see it, and send the renewal in December (NDCC 23-39-02; NDAC 33-42-01-10). Do not advertise that the department licenses or approves you (NDCC 23-39-03(1); NDAC 33-42-01-03).
Give every customer the written notice in NDCC 23-39-03(2). Before their first session each year, they sign a statement that they read it and the warning sign and will wear eyewear.
For a client under 18, use the department's consent form. The parent or guardian signs it in front of you or the operator, or brings a notarized statement. It lasts 12 months. Under 14, also get a North Dakota physician's written order, and the parent or guardian must come to every session.
Allow one session per client per 24 hours, never longer than the unit's maximum recommended exposure time.
Keep a trained operator on site whenever you are open. Show each client the handrails and floor markings, and make sure they agree to wear FDA-approved eyewear.
Sanitize each bed after every use, test your sanitizer's strength when you mix it and at least daily, and keep the inside of the salon at or below 100 degrees Fahrenheit (NDCC 23-39-05(1); NDAC 33-42-01-07).
Post the NDAC 33-42-01-04 warning sign within one meter of each device.
Keep each client's visits, with dates and minutes, their signed statements and any parent consent for 3 years after the last visit, and keep device and lamp records for 3 years.
If a client reports a sunburn, give them written information on how to report it to the department.

No one at the salon may claim that tanning is free of risk (NDCC 23-39-03(5)), and advertising may not claim health benefits other than those recognized by a credible scientific or medical source (NDAC 33-42-01-03). A department memo of February 24, 2025 also says fitting red-light lamps into UV tanning beds is prohibited in North Dakota salons; see our lamp replacement guide.

What changed recently

The rules changed on January 1, 2026. The amendments in Administrative Code Supplement 398, on the agenda of the Legislature's Administrative Rules Committee for December 3, 2025, raised the base annual fee for 1 to 5 beds from $75 to $90, still plus $10 per bed, and the fee for more than 5 beds from $150 to $180. They set a December 31 expiry, after which an unrenewed salon may not operate, with 60 days to renew at a 50 percent late fee (the old rule added 50 percent only to renewals after February 1). They dropped the half-price license for salons opening after July 1, and added the $100 first-license application fee and the plan-review fee. The department's 2026 fee schedule shows the same figures.

The statute did not change in the 2023 or 2025 sessions or the 2026 special sessions. The Legislative Branch search finds no bill containing "tanning" in any of them; its 2023 hits are testimony and its only 2025 hit is an interim committee memo quoting the privacy offense. The index does cover those years: "cosmetology" finds 2025 House Bill 1126.

How TanVision helps

TanVision's minimum age is 18 by default, and it checks age against the date of birth already on the client's record, so a 17-year-old cannot start a session until guardian consent is on file. Once consent is on file, and with Minors and UV rooms at Yes, the default at Settings > Tanning rules, it lets the client start any room, UV included, with only a warning. TanVision does not know whether the consent is on the department's form, was signed in front of staff or notarized, or is more than 12 months old, and it does not track the doctor's order or the parent's presence for a client under 14. Keep those checks at the desk. Scan ID reads a client's date of birth from the barcode on a US or Canadian driver's license or ID card with a USB 2D scanner and records the day the ID was checked, but it does not compare the photo with the person.

In exposure safety, set the gap between UV sessions to 24 hours at Settings > Tanning rules, and the desk refuses a UV session inside that gap; a gap of 0 only warns. Typed times above the room's own maximum are refused, so set each room's maximum to the unit's label. With consent forms, clients sign your warning statement on a phone or tablet, and the record keeps the exact wording. TanVision has no waiver expiry or re-sign interval, so the yearly statement is a desk check. Each client record shows recent visits newest first. Compare other states on the tanning laws by state page.

Common questions

What is the legal age to tan in North Dakota?: There is no age ban. A client under 18 needs written consent from a parent or legal guardian on the state's form, and a client under 14 also needs a written order from a North Dakota physician and a parent or guardian present at every session (NDCC 23-39-05(1)(a)).
Can a parent sign a North Dakota tanning consent form at home?: Only if the statement is notarized. Otherwise the parent or guardian signs in front of the owner or the employee who runs the equipment. Either way, the consent expires 12 months after it is signed.
How often can a client tan in North Dakota?: Once every 24 hours at most, and each session is limited to the manufacturer's maximum recommended exposure time for that unit (NDCC 23-39-05(1)(i) and (j)).
How much is a North Dakota tanning license?: Since January 1, 2026 the annual fee is $90 plus $10 per bed for a salon with 1 to 5 beds and $180 for more than 5 beds. A first license adds a $100 application fee. Licenses expire December 31, and a late renewal within 60 days costs an extra 50 percent (NDAC 33-42-01-10).
Do adult clients have to sign anything in North Dakota?: Yes. Before their first session each year, every client signs a statement that they have read the salon's written notice and warning sign and will wear FDA-approved eyewear (NDCC 23-39-05(2)(a)).

Sources

North Dakota Century Code chapter 23-39, Tanning Facilities (23-39-01 to 23-39-07)North Dakota Legislative Branch. Accessed September 29, 2026.
North Dakota Administrative Code chapter 33-42-01, Tanning Facilities (33-42-01-01 to 33-42-01-11)North Dakota Legislative Branch. Accessed September 29, 2026.
North Dakota Administrative Code Supplement 398, January 2026 (amendments to 33-42-01-02 and 33-42-01-10, pages 154-155)North Dakota Legislative Council. Accessed September 29, 2026.
Tanning FacilitiesNorth Dakota Department of Health and Human Services, Food and Lodging Unit. Accessed September 29, 2026.
Food and Lodging License Fee Schedule, effective January 1, 2026 (updated 12/2025)North Dakota Department of Health and Human Services. Accessed September 29, 2026.
Memo: Replacement of Indoor Tanning Ultraviolet Lamps with Red Light Lamps in Tanning Beds and Booths is Prohibited, February 24, 2025North Dakota Department of Health and Human Services, Food and Lodging Unit. Accessed September 29, 2026.
Tanning Regulatory Jurisdictions map (local health units that license tanning)North Dakota Department of Health and Human Services. Accessed September 29, 2026.
Full-text search for "tanning" across the Century Code, Administrative Code and legislative documents (exact matches: Century Code 23-39, 12.1-20 and 12.1-31; Administrative Code 33-42-01 and 33.1-24-02; no 2024-2026 bill)North Dakota Legislative Branch. Accessed September 29, 2026.
Administrative Rules Committee agenda, December 3, 2025 (Department of Health and Human Services January 2026 rules, including chapter 33-42-01)North Dakota Legislative Management. Accessed September 29, 2026.
North Dakota Century Code chapter 12.1-31 (12.1-31-14, surreptitious intrusion, naming a tanning booth)North Dakota Legislative Branch. Accessed September 29, 2026.

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