R392-510-2. Definitions

  The definitions in Section 26-38-2 apply to this rule in addition to the following:

  (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 person(s) who has an ownership interest in any public or private building.

  (5) "E-cigarette" means any electronic oral device that provides a vapor of nicotine or other substance and which simulates smoking through its use or through inhalation of the vapor through the device; and includes an oral device that is composed of a heating element, battery, or electronic circuit and marketed, manufactured, distributed, or sold as an e-cigarette, e-cigar, e-pipe, or any other product name or descriptor, if the function of the product meets the definition of an electronic oral device.

  (6) "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 person or persons.

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

  (8) "Executive Director" means the Executive Director of the Utah Department of Health or his designee.

  (9) "Facility" means any part of a building, or an entire building.

  (10) "HVAC system" means the collective components of a heating, ventilation and air conditioning system.

  (11) "Lighted Tobacco" means both tobacco that is under self sustained combustion and tobacco that is heated to a point of smoking or vaporizing.

  (12) "Local Health Officer" means the director of the jurisdictional local health department as defined in Title 26A, Chapter 1, or his designee.

  (13) "Nonsmoker" means a person who has not smoked a tobacco product in the preceding 30 days.

  (14) "Operator" means a person who leases a place from a building owner or controls, operates or supervises a place.

  (15) "Place" means any "place of public access", or "publicly owned building or office", as defined in Title 26, Chapter 38.

  (16) "Smoking" means the possession of any lighted or heated tobacco product in any form; inhaling, exhaling, burning, or heating a substance containing tobacco or nicotine intended for inhalation through a cigar, cigarette, pipe, or hookah.

  (17) "Workplace" means any enclosed space, including 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. This includes such places wherein individuals gratuitously perform services for which individuals are ordinarily paid.