Utah Admin. Code R392-200-2 - Definitions

The following definitions apply to this rule:

(1) "ADA" means the Americans with Disabilities Act.

(2) "Building Code" means the edition of the International Building Code adopted under Section 15A-2-103.

(3) "Career and Technical Education (CTE)" means instruction in the areas of family and consumer science, metal machining and welding, woodworking and construction, automotive service and repair, jewelry making, ceramics, robotics, dental hygiene, composites, and print photography.

(4) "Child care center" means a place or business offering nonmedical childcare services for more than three children under six years of age, apart from the children's parents, including a daycare, preschool, or child development home.

(5) "Construction change" means a substantial alteration, modification, or renovation of any portion of a school such that a revision of building plans is warranted.

(6) "Dwelling" means a building or structure that is intended or designed to be used, rented, leased, let or hired out for human habitation.

(7) "Fire Code" means the State Fire Code as adopted in Chapter 15A-5.

(8)

(a) "Food establishment" means an operation that stores, prepares, packages, serves, or vends food directly to the consumer, or otherwise provides food to others for human consumption, including a cafeteria or concession stand.

(b) A food establishment includes an element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location.

(c) A food establishment does not include:

(i) an establishment that offers only prepackaged foods that are not time/temperature control for safety foods;

(ii) a produce stand that only offers whole, uncut fresh fruits and vegetables; or

(iii) any class in which a student prepares a time/temperature control for safety food that is not intended to be sold or served to another individual.

(9) "Governing body" means the board of education, owner, person designated by the owner with ultimate authority and responsibility, both moral and legal, for the management, control, conduct and functioning of the school.

(10) "High-risk injury area" means:

(a) a classroom or shop dedicated to the instruction of CTE, chemistry, biology, or art;

(b) a playground or gymnasium; or

(c) any other area designated as such by the local health officer or governing body.

(11) "Home school" means a school located in a private dwelling for the formal instruction of one or more students who have been excused from compulsory education according to the requirements of Section 53G-6-204.

(12) "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries and the nature, severity, and duration of the anticipated injury. An imminent health hazard may include an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstances that may endanger public health.

(13) "Instructor" means any volunteer or employee educator, licensed or not licensed, responsible for student education at a private or public school.

(14) "IPM" means integrated pest management.

(15) "Local health department" has the same meaning as provided in Subsection 26A-1-102(5).

(16) "Local health officer" means the executive director of the jurisdictional local health department or designated representative.

(17) "Mechanical Code" means the edition of the International Mechanical Code adopted under Section 15A-2-103.

(18) "Pest" means a noxious, destructive, or troublesome organism whether plant or animal, when found in and around places of human occupancy, habitation, or use that threatens the public health or well-being of the public.

(19)

(a) "Place of higher education" means a postsecondary institution of learning that provides non-compulsory education, completion of which typically results in a named degree, diploma, or certificate of higher studies.

(b) A higher-educational institution includes any university, college, teacher-training school, junior college, and institute of technology.

(20) "Plumbing Code" means the edition of the International Plumbing Code adopted under Section 15A-2-103.

(21) "Private school" means a school that is owned or operated by a private person, firm, association, organization, or corporation.

(22) "Risk" means any issue that may be likely to adversely affect public health and wellness including factors contributing to injury, sickness, death, disability, and the spread of disease.

(23) "School" means a public or private educational institution including any charter school, elementary school, middle school, or secondary school established to provide education for grades kindergarten through 12 regardless of students' age, including any attached preschool, but excluding home schools.

(24) "Service Animal" has the same meaning as provided in Subpart 35.104 of the Americans with Disabilities Act Title II Regulations.

(25) "Toxic" means any chemical or biological agent the exposure to which may cause an acute or chronic health hazard.

(26) "Vector" means any organism, such as insects or rodents, that transmits a pathogen that can affect public health.

Notes

Utah Admin. Code R392-200-2

Amended by Utah State Bulletin Number 2018-12, effective 5/31/2018 Adopted by Utah State Bulletin Number 2022-19, effective 9/27/2022 Amended by Utah State Bulletin Number 2023-13, effective 6/14/2023