Utah Admin. Code R392-510-3 - Definitions

For this rule:

(1) "Agent" means the person to whom a building owner has delegated the maintenance and care of the building.

(2) "Area" means a three-dimensional space.

(3) "Building" means an entire free-standing structure enclosed by exterior walls.

(4) "Building owner" means the individual who has an ownership interest in any public or private building.

(5) "Department" means the Utah Department of Health and Human Services.

(6) "Educational facility" means any facility used for instruction of people, including a:

(a) preschool;

(b) elementary school;

(c) middle school;

(d) junior high school; or

(e) senior high school.

(7) "Employer" means any individual, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such persons.

(8) "Enclosed" means space between a floor and ceiling that is designed to be surrounded on each side at any time by solid walls, screens, windows, or similar structures, exclusive of doors and passageways, which extend from the floor to the ceiling.

(9) "Heating, Ventilation, and Air Conditioning system" or "HVAC "system" means the collective components of a heating, ventilation, and air conditioning system.

(10) "Local Health Officer" means the director of the jurisdictional local health department, or a designated representative.

(11) "Operator" means a person who leases a place of public access from a building owner or controls, operates, or supervises a place.

(12) "Place of public access" has the same meaning as provided in Subsection 26-38-2(3).

(13) "Premises" means any lot, parcel, or plot of land, including any buildings or structure.

(14) "Public lodging facility" means a place that is maintained, advertised, offered, used, or kept to provide temporary lodging for the general public, including a hotel, motel, and bed and breakfast lodging facility.

(15) "Publicly owned building" or "office" has the same meaning as provided in Section 26-38-2.

(16) "Shisha" has the same meaning as provided in Section 26-38-2.

(17) "Smoking" means:

(a) the possession of any lighted or heated tobacco product in any form;

(b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or hookah that contains:

(i) tobacco or any plant product intended for inhalation;

(ii) shisha or non-tobacco shisha;

(iii) nicotine;

(iv) a natural or synthetic tobacco substitute; or

(v) a natural or synthetic flavored tobacco product;

(c) using an electronic cigarette; or

(d) using an oral smoking device intended to circumvent the prohibition of smoking in this chapter.

(18) "Workplace" means any enclosed space, including:

(a) a vehicle, in which one or more individuals perform any type of service or labor for consideration of payment under any type of employment relationship; and

(b) places wherein individuals voluntarily perform services for which individuals are ordinarily paid.

Notes

Utah Admin. Code R392-510-3

Amended by Utah State Bulletin Number 2020-01, effective 12/12/2019 Adopted by Utah State Bulletin Number 2023-09, effective 4/25/2023