Section R392-702-3 - DefinitionsAs 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.Utah Admin. Code R392-702-3
Adopted by Utah State Bulletin Number 2020-08, effective 3/30/2020Amended by Utah State Bulletin Number 2022-12, effective 5/31/2022Amended by Utah State Bulletin Number 2024-03, effective 1/22/2024