Utah Admin. Code R392-702-3 - Definitions
As used in this rule:
(1) "Barber" means an individual who is
licensed by the Utah Division of Professional Licensing to perform barbering;
or any person engaged in the practice of barbering for the public generally,
with or without compensation, whether as owner, operator, instructor, or
demonstrator.
(2) "Chemical
disinfectant" means:
(a) a solution of
EPA-registered bactericidal, fungicidal, and virucidal disinfectants used
according to manufacturer's directions; or
(b) a chlorine bleach solution in a
concentration range of between 200 ppm and 500 ppm.
(3) "Clean" means the condition of being
visibly free from dirt, soil, debris, or other materials not intended to be a
part of the object in question.
(4)
"Client" means any person who enters a cosmetology facility, or school facility
as listed in Subsection
R392-702-2(2),
with the intent to receive cosmetology services.
(5) "Cosmetologist/Barber" means an
individual who is licensed by the Utah Division of Professional Licensing to
perform cosmetology/barbering, or any person engaged in the practice of
cosmetology/barbering for the public generally, with or without compensation,
whether as owner, operator, instructor, or demonstrator.
(6) "Cosmetology facility" means any
structure, dwelling, or business where cosmetology, barbering, or associated
professional services, as listed in Subsection
R392-702-2(1),
are practiced.
(7) "Department"
means the Utah Department of Health and Human Services.
(8) "Disinfection" means the use of a
chemical disinfectant to destroy pathogens on reusable implements and other
non-porous, nonliving surfaces or to prevent the growth of pathogenic
organisms, which thereby renders an item safe for handling and use.
(9) "Dwelling" means a building or structure
that is intended or designed to be used, rented, leased, let or hired out for
human habitation. A mobile vehicle or mobile structure is not a
dwelling.
(10) "Electrologist"
means an individual who is licensed by the Utah Division of Professional
Licensing to engage in the practice of electrology; or any person engaged in
the practice of electrology for the public generally, with or without
compensation, whether as owner, operator, instructor, or
demonstrator.
(11) "Esthetician"
means an individual who is licensed by the Utah Division of Professional
Licensing who engages in the practice of basic esthetics or master esthetics;
or any person engaged in the practice of basic esthetics or master esthetics
for the public generally, with or without compensation, whether as owner,
operator, instructor, or demonstrator.
(12) "Eyelash technician" means an individual
who is engaged in the practice of eyelash technology and is licensed by the
Utah Division of Occupational and Professional Licensing to engage in the
practice of cosmetology/barbering or esthetics; or any person engaged in the
practice of eyelash technology for the public generally, with or without
compensation, whether as owner, operator, instructor, or
demonstrator.
(13) "Eyelash
technology" means the application, removal, and trimming of threadlike natural
or synthetic fibers to an eyelash, including the cleansing of the eye area and
lashes.
(14) "Foot bath" means any
basin, tub, sink, or bowl using non-circulating water in the practice of
cosmetology, esthetics, or nail technology.
(15) "Hair braiding" has the same meaning as
provided in Subsection
58-11a-102(18).
(16) "Hair designer" means an individual who
is licensed by the Utah Division of Professional Licensing to engage in the
practice of hair design; or any person engaged in the practice of hair design
for the public generally, with or without compensation, whether as owner,
operator, instructor, or demonstrator.
(17) "Hot water" means water heated to a
temperature of not less than 110° F at the outlet.
(18) "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 can cause infection, disease transmission, vermin
infestation, or hazardous condition that requires immediate correction or
cessation of operation to prevent injury, illness, or death.
(19) "Informational notice" means a notice
developed by the department that contains:
(a)
a local health department's contact information;
(b) a link to the website containing this
rule;
(c) a list of specific
provisions of this rule commonly found out of compliance in a cosmetology
facility;
(d) a link or QR code to
an official complaint form; and
(e)
any other information the department determines relevant for encouraging
sanitary conditions in a cosmetology facility.
(20) "Licensed professional" means a barber,
cosmetologist/barber, electrologist, esthetician, hair designer, nail
technician, as defined in this rule, or an instructor in a school facility as
listed in Subsection R392-702-2(2).
(21) "Linens" means towels, sheets,
headbands, robes, capes, drapes and other reusable textiles commonly used in a
cosmetology facility.
(22) "Local
health department" has the same meaning as provided in Subsection
26A-1-102(5).
(23) "Local health officer" means the health
officer of the local health department having jurisdiction, or a designated
representative.
(24) "Nail
technician" means an individual who is licensed by the Utah Division of
Professional Licensing to engage in the practice of nail technology; or any
person engaged in the practice of nail technology for the public generally,
with or without compensation, whether as owner, operator, instructor, or
demonstrator.
(25) "Operator" means
any licensed professional as defined in this rule, or any person who owns,
leases, manages or controls, or who has the duty to manage or control a
cosmetology facility.
(26)
"Pedicure" means any of the following:
(a)
cleaning, trimming, softening, or caring for the nails or cuticles of the
feet;
(b) the use of manual
instruments or implements on the nails or cuticles of the feet;
(c) callus removal by sanding, buffing, or
filing including electric filing; or
(d) massaging of the feet or lower portion of
the leg.
(27) "Plumbing
Code" means International Plumbing Code as incorporated and amended in Title
15A, State Construction and Fire Codes Act.
(28) "Plumbing fixture" means a receptacle or
device that is connected to the water supply system of the premises; or
discharges wastewater, liquid-borne waste materials, or sewage to the drainage
system of the premises.
(29)
"Practice of barbering" has the same meaning as provided in Subsection
58-11a-102(29).
(30) "Practice of basic esthetics" has the
same meaning as provided in Subsection
58-11a-102(31).
(31) "Practice of cosmetology/barbering" has
the same meaning as provided in Subsection
58-11a-102(32).
(32) "Practice of electrology" has the same
meaning as provided in Subsection
58-11a-102(34).
(33) "Practice of hair design" has the same
meaning as provided in Subsection
58-11a-102(37).
(34) "Practice of master-level esthetics" has
the same meaning as provided in Subsection
58-11a-102(39).
(35) "Practice of nail technology" has the
same meaning as provided in Subsection
58-11a-102(40).
(36) "Service Animal" has the same meaning as
provided in Section 35.104 of the Americans with Disabilities Act Title II
Regulations.
(37) "Waxing" means a
treatment in which superfluous hair is removed from a client's face or body by:
(a) covering the hair with a thin layer of
soft wax after which a paper or fabric strip is applied and pressed firmly into
the wax and then quickly pulled away, removing the wax and body hair;
or
(b) covering the hair with a
thin layer of heated hard wax after which the wax is allowed to cool, and is
then quickly pulled away, removing the wax and body hair.
(38) "Whirlpool foot spa" means any basin
using circulating water, either in a self-contained unit or in a unit that is
connected to other plumbing in the cosmetology facility. A drain-and-fill
circulating foot spa is considered a self-contained whirlpool foot
spa.
Notes
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