| 1.0 |
DEFINITIONS | back to top | |
| |
For the purpose of these regulations and unless defined in other
sections the terms, phrases, and words shall have the following
meanings: |
| |
1.1 |
Bathhouses: Any place wherein any person engages in, conducts,
or carries on, or permits to be engaged in, conducted, or carried
on, the business of giving or furnishing Russian, Finnish, Swedish,
Turkish, Japanese, hot air, vapor, electric cabinet, steam, mineral,
sweat, sauna, fomentation, water, or electric baths or baths of
any kind whatever, excluding ordinary tub baths where an attendant
is not required; |
| |
1.2 |
Department: The Tooele County Health Department; |
| |
1.3 |
Director: The Tooele County Health Department Director of Health
or his/her authorized representative; (Amendment 95-1, 5/19/95) |
| |
1.4 |
Establishment: Any massage establishment, bathhouse, or health
salon; |
| |
1.5 |
Health salon: Any location, place, area, structure, or business
used for body weight reduction, physical fitness, or other health
improvement; |
| |
1.6 |
Massage: Any method of pressure on or friction against, or
stroking, kneading, rubbing tapping, pounding vibrating, wrapping,
or stimulating the body or any external part thereof with the hand(s)
or with the aid of any mechanical apparatus or appliances with or
without supplementary aids. Such aids shall include, but not be
limited to rubbing alcohol, liniments, antiseptics, oils, powder,
creams, lotions, ointments and other similar preparations used in
this practice; |
| |
1.7 |
Massage establishment: Any location, place, area, structure,
or business used for the practice of massaging or instructing massaging; |
| |
1.8 |
Nuisance: Unlawfully doing an act that annoys, injures, or
endangers the comfort, repose, health, or safety of any person,
or that renders a person insecure in life or the use of property; |
| |
1.9 |
Operator: A person who leases or manages an establishment; or
any person or employee of an establishment or outcall massage service; |
| |
1.10 |
Outcall Massage Service: Any business or practice that provides
massages at a private location other than a massage establishment; |
| |
1.11 |
Outcall Massage Service Operator: A person who owns or manages
an outcall massage service or any other person performing outcall
service massages. |
| |
1.12 |
Owner: Any person who alone, jointly, or severally with others: |
| |
|
a. |
has legal title to any premises, establishment, outcall massage
service, dwelling, or dwelling unit, with or without accompanying actual possession thereof; or |
| |
|
b. |
has charge, care, or control of any premises, establishment,
outcall massage service, dwelling, or dwelling unit, as legal or equitable owner,
agent of the owner, lessee, or is an executor, executrix, administrator,
administratix, trustee, or guardian of the estate of the owner; |
 |
|
|
|
| 2.0 |
PURPOSE | back to top | |
| |
It is the purpose of these regulations to regulate massage establishments
in a way that will: |
| |
2.1 |
Protect and promote the public health, safety, and welfare; |
| |
2.2 |
Prevent the spread of disease; and |
| |
2.3 |
Prevent the creation of nuisances within Tooele County.
|
|
3.0 |
JURISDICTION OF THE DEPARTMENT | back to top | |
| |
3.1 |
All conditions within Tooele County related to massage establishments,
outcall massage services, bathhouses, and health salons enumerated in Section
2.0 shall be subject to the direction and control of the Department.
|
| 4.0 |
POWERS AND DUTIES | back to top | |
| |
The Department, by the Director, shall be responsible for the administration
of these rules and regulations and any other powers vested in it
by law and shall: |
| |
4.1 |
Require the submission of reports, plans, and specifications
for establishments as necessary to implement the provisions, requirements,
and standards of these regulations; |
| |
4.2 |
Issue permits and charge fees as necessary to implement the
provisions, requirements, and standards of these regulations; |
| |
4.3 |
Make inspections of any establishment or outcall massage services
and issue orders as necessary to effect the purposes of these regulations; |
| |
4.4 |
Take samples and make analyses of any material or require the
sampling and analysis of any such materials; and |
| |
4.5 |
Do any and all acts permitted by law that are necessary for
the successful enforcement of these regulations.
|
| 5.0 |
SCOPE | back to top | |
| |
5.1 |
It shall be unlawful for any person not to comply with any
rule or regulation promulgated by the Department, unless expressly
waived by these rules and regulations. |
| |
5.2 |
These regulations shall not apply to the following persons
while engaged in the personal performance of the duties of their
respective profession in Tooele County: |
| |
|
a. |
Physicians, surgeons, chiropractors, chiropodists, podiatrists,
osteopaths, or
physical therapists who are duly licensed to practice their respective
profession in the State of Utah; |
| |
|
b. |
Nurses who are registered under the laws of the State of Utah; |
| |
|
c. |
Barbers and beauticians who are duly licensed under the laws
of the State of
Utah, except that this exemption shall apply solely to the massaging
of the
hands, neck, face, scalp, and hair of the head of a patron for cosmetic
purposes; and |
| |
|
d. |
An employee or student of any nonprofit organization including,
but not
limited to, hospitals, clinics, nursing and convalescent homes,
universities,
colleges, or schools licenses or accredited by the State of Utah,
or organized as
exempt from taxation by the laws of the United States or the State
of Utah, if a
massage or treatment is performed as part of such service or education
and not
for any consideration or gratuity.
|
| 6.0 |
PERMITS | back to top | |
| |
6.1 |
Department approval and permits required. No person shall operate
an establishment or outcall massage service without written approval
or a corresponding valid permit from the Department or both. |
| |
6.2 |
Application requirements for approval and permit. |
| |
|
a. |
Application for approval for construction of an establishment
or a permit for operating an establishment shall be in writing setting forth the
plans, specifications, and reports as required in the application
sections of these regulations. The Department may prescribe the
form on which the information required under these regulations shall
be submitted. Application shall be made within the following time
periods: |
| |
|
|
| 1. |
For approval for construction of a new establishment, at least
30 calendar days prior to the start of construction; |
| 2. |
For a permit to operate a new establishment or outcall massage service, prior to commencement of operation of the establishment
or outcall massage service; and |
| 3. |
For a permit to operate an existing establishment or outcall
massage service, no later than 90 calendar days after the effective date
of these regulations. |
|
| |
|
b. |
Upon arrival of the permit application and payment of the required
fee, the Department shall issue a permit. Such permit shall expire on January
1 of each year following issuance and shall be renewable within 60 calendar
days prior to the expiration date. |
| |
6.3 |
Permit Fees: |
| |
|
a. |
Each massage establishment shall submit a fee, as set by the
Tooele County Board of Health, with application for each permitting period (January
1st to December 31st). If the permit fee and application have not been
received by the 31st of December, a late fee of $50.00 will be assessed. |
| |
|
b. |
No permit fee is refundable for any reason. |
| |
6.4 |
Permits non-transferable. No permit shall be transferable from
one person to another or from one establishment or outcall massage
service to another. |
| |
6.5 |
Denial, suspension, or revocation of approval or permit: | back to top | |
| |
|
a. |
Causes: Construction approval or any permit issued pursuant to
these regulations may be denied, suspended, or revoked by the Director
for any of the following reasons: |
| |
|
|
| 1. |
Failure of the reports, plans, or specifications to show that
the establishment or outcall massage service will be constructed, operated,
or maintained in accordance with the requirements and standards
of these rules and regulations adopted by the Department; |
| 2. |
Submission of incorrect or false information in the application,
reports, plans, or specifications; |
| 3. |
Failure to construct, operate or maintain the establishment or
outcall massage service in accordance with the application, reports, plans,
and specifications approved by the Department; |
| 4. |
Operation of the establishment or outcall massage service in
a way that causes or creates a nuisance or hazard to the public health, safety,
or welfare; |
| 5. |
Violation of any rules, regulations, restrictions, or requirements adopted by the Department; |
| 6. |
Violation of any condition upon which the permit was issued; |
| 7. |
Failure to have a medical examination(s) or provide medical verification as required by these rules and regulations; |
| 8. |
Failure to pay the permit fee; or |
| 9. |
Failure of the owner or operator of an establishment or outcall
massage service to permit or allow the Department to conduct inspections
to determine compliance with these regulations. |
|
| |
|
b. |
Hearing: If any permit is denied, suspended, or revoked, the
applicant may request a hearing within 10 calendar days of such action. The hearing
shall be held before the Director within 10 calendar days after
the request. Within 10 calendar days after the hearing, the Department
shall send written notice to all parties of the decision of the
Director and the reasons therefore.
| back to top |
|
| 7.0 |
REPORT AND PLANS REQUIRED | back to top | |
| |
Before issuance of approval to construct or a permit to operate
an establishment or an outcall massage service, a report shall be
submitted to the Department for review and approval. Unless otherwise
directed by the Department, the report shall include the following
information: |
| |
7.1 |
The address and telephone number of the establishment or outcall
massage service; |
| |
7.2 |
The name, address, and telephone number of the owner(s) and
operator(s); |
| |
7.3 |
A scaled floor plan of the establishment and a description
of the facilities used, including, but not limited to, toilet and
hand washing facilities, showers, tubs, and steam baths; |
| |
7.4 |
The hours of operation of the establishment or outcall massage
service; |
| |
7.5 |
The number of employees; |
| |
7.6 |
The equipment, instruments, and materials that will be used; |
| |
7.7 |
The methods of sterilizing or disinfecting equipment and instruments;
and |
| |
7.8 |
Any other information specifically requested by the Department
to ensure compliance with these regulations.
|
| 8.0 |
CONSTRUCTION AND OPERATION REQUIREMENTS ESTABLISHMENTS
| back to top | |
| |
Unless otherwise ordered or approved by the Department, each establishment
shall be constructed, operated, and maintained to meet the following
minimum requirements: |
| |
8.1 |
Physical facilities: |
| |
|
a. |
Steam rooms, shower compartments, steam compartments, tub compartments, toilet rooms, and adjacent exits shall have smooth, nonabsorbent,
and easily cleanable floors and walls. |
| |
|
b. |
Floors of wet and dry heat rooms shall be adequately sloped to
one or more floor drains properly connected to an approved sewer system, except
that dry heat rooms with wooden floors need not be provided with sloped floors
and floor drains. |
| |
|
c. |
A source of hot water approved by the Department shall be available
within the immediate area of the dry and wet heat rooms to facilitate cleaning. |
| |
|
d. |
The premises shall have adequate equipment for disinfecting or
sterilizing non disposable instruments and materials used to administer massages. |
| |
|
e. |
Massage tables, exercise tables, and benches shall have easily
cleanable upholstery or other approved material covering the entire top surface. |
| |
|
f. |
Closed cabinets shall be provided for the storage of clean linen,
towels, and other materials used. |
| |
|
g. |
Adequate toilet facilities shall be provided in convenient locations
separate from other facilities, to provide privacy to the occupant(s). If
seven or more employees and patrons, including both sexes, are on the premises
at the same time, separate toilet facilities shall be provided. There shall
be at least one toilet facility for each 15 employees or patrons
or portion thereof of that sex on the premises at any one time.
Urinals may be substituted for one-half of the men's closets if
there is at least one water closet provided for men. All toilet
rooms shall be equipped with doors opening in the direction of ingress
to the toilet rooms. Toilets shall be designated as to which sex
is accommodated there-in. Toilet facilities shall be vented to the
outside air. |
| |
|
h. |
A minimum of one separate hand washing facility per toilet room
shall be provided in each establishment for the use of patrons and employees.
Each hand washing facility shall be provided with hot and cold running
water, soap or detergent and sanitary single service towels or blow dryers at
all times. Common towels shall not be used. | back to top | |
| |
|
i. |
Entrances, stairways, dressing rooms, supply rooms, and waste
storage areas shall be lighted with at least 20 foot candles of illumination.
Waiting rooms shall have at least 5 foot candles of illumination. Each room or
enclosure where massages are administered shall have sufficient light available
to ensure proper cleaning and sanitizing. |
| |
|
j. |
All areas of the establishment shall be ventilated with at least
6 air changes per hour. |
| |
|
k. |
Pools, tubs, and similar equipment designed for multiple use
without the water being changed, shall comply with the Tooele County Health Department,
Health Regulation #2, and state and other laws. Tubs, baths, and
similar equipment designed for single use shall be emptied after
each use, thoroughly cleaned, and properly sanitized. |
| |
|
l. |
No owner or operator shall use an establishment for housing,
sheltering, or
harboring or cause or permit the same to be used as living or sleeping
quarters
by employees or other persons. |
| |
8.2 |
Cleaning and maintenance:
|
| |
|
a. |
Every portion of the establishment, including appliances, exercise
tables, equipment and apparatus, shall be kept clean, in good repair, and
maintained sanitary. Wet and dry heat rooms, steam or vapor rooms, steam or
vapor cabinets, shower compartments, and toilet facilities and rooms shall
be thoroughly cleaned each day the establishment is in operation.
Bathtubs and massage tables shall be cleaned and disinfected after
each patron's use. |
| |
|
b. |
Each establishment shall have clean, sanitized sheets, towels,
or other linen in sufficient quantity and said towels and linen shall be cleaned and
sanitized after each use. | back to top | |
| |
|
c. |
Massage tables and each patron shall be provided with clean and
sanitary sheets, towels, or other linen. No common use of sheets, towels,
or other linens shall be permitted. |
| |
|
d. |
All instruments, apparatus, equipment, or appliances used more
than once shall be disinfected after use on each patron. |
| |
|
e. |
Oils, creams, lotions, or other preparations used in administering
to the body shall be sanitary and kept in a clean, closed container(s) or cabinet(s). |
| |
|
f. |
Dispensing of oils, creams, lotions, or other preparations used
in administering to the body shall be only by use of single use applicators, spouts
that preclude contamination of the contents, or by single use containers. |
| |
8.3 |
Operators and personnel: |
| |
|
a. |
All massages or treatments in an establishment shall be in a
room designed for this purpose. |
| |
|
b. |
All employees, patrons, and operators shall be clean and wear
clean outer garments. All employees and operators shall maintain
a high degree of personal cleanliness and conform to hygienic practices
while on duty. |
| |
|
c. |
Each operator shall wash his/her hands thoroughly before and
after administering a massage or treatment on each patron, and as
often as necessary to remove soil and contamination. An operator
or employee of an establishment shall thoroughly wash his/her hands
after using the toilet, smoking, or eating. (Amendment 95-1, 5/19/95.) |
| |
|
d. |
No operator shall administer a massage or give treatment to a
patron on a specific part of the body exhibiting any skin fungus, skin infection,
skin inflammation, or skin eruptions, except that a physician duly
licensed by the State of Utah may certify that such person may be
safely massaged or treated and prescribing the conditions of the
massage or treatment. No operator shall diagnose illness or dispense
or sell any drug to a patron. |
| |
|
e. |
No person while infected with any disease in a communicable form,
or while a carrier of such disease, or while affected with a boil(s), sore(s),
infected wound(s), venereal disease(s), or an acute respiratory
illness, and no person known or suspected of being infected with
any communicable disease or condition shall work or be employed
in an establishment. If the owner or operator has reason to suspect
that any employee has contracted or is a carrier of any reportable
communicable disease, he shall notify the Director immediately. |
| |
|
f. |
If the Director has reasonable cause to suspect disease transmission
from or to any employee, the Director shall make investigation or examination
as may be indicated and take appropriate action. In addition to
other legal remedies, such action may include, but is not necessarily
limited to: |
| |
|
|
| 1. |
The immediate exclusion of the employee from all establishments; | back to top | |
| 2. |
The immediate closure of the establishment concerned until, in
the opinion of the Director, no further danger of disease spread or
hazard exists; and |
| 3. |
Adequate medical and laboratory examinations, including body discharges, of the employee, or other employees or both. |
|
| |
|
g. |
It shall be the responsibility of the establishment owner or
operator to ensure that employees and patrons comply with all health regulations at
all times, and no establishment owner shall employ an operator who
does not comply with the provisions of these regulations.
|
| 9.0 |
OUTCALL MASSAGE SERVICE REQUIREMENTS | back to top | |
| |
9.1 |
Each outcall massage service and operator shall meet the same
requirements, where applicable, as establishments.
|
| 10.0 |
NOTICE | back to top | |
| |
10.1 |
Department to notify owners or others of violations. If the
Director has inspected any establishment or outcall massage service
and has found and determined that the establishment or outcall massage
service is in violation of these regulations or has reasonable grounds
to believe that there has been a violation(s) to the owner(s) or
other responsible person(s) thereof. |
| |
10.2 |
Department to issue written notice of violation(s). Prior
to initiating a court complaint for the violation of these rules
and regulations, the Director shall issue a notice pursuant to Section
10.1 and shall: |
| |
|
a. |
describe the property; |
| |
|
b. |
give a statement of the cause for its issuance; |
| |
|
c. |
set forth an outline of the remedial action that complies with
the provisions of
these regulations; and |
| |
|
d. |
set a reasonable time for the performance of any required remedial
act. |
| |
10.3 |
Department to serve notice. The Director shall serve notice
upon the owner(s) of the establishment or outcall massage service
or other responsible person(s) pursuant to Sections 10.1 and 10.2
of these rules and regulations. Service shall be deemed complete
if the notice is served in one of the following ways: |
| |
|
a. |
served in person; |
| |
|
b. |
sent by certified mail to the last known address of the owner(s)
or other responsible person(s); or |
| |
|
c. |
published in a newspaper of general circulation.
|
| 11.0 |
ENFORCEMENT | back to top | |
| |
11.1 |
Department to ensure compliance. It shall be the duty of the
Director, upon the presentation of proper credentials, to make inspections
of property where any establishment is located or will be located
or any outcall massage service as is necessary to ensure compliance
with these regulations. |
| |
11.2 |
Inspection made with consent. Departmental inspections may
be made with the consent of the owner(s) or other responsible person(s).
If consent is not granted, a search may be made pursuant to an administrative
search warrant issued by a court of competent jurisdiction. |
| |
11.3 |
Owners may request a factual report of inspections. Upon request,
the owner(s) or other responsible person(s) of any establishment
or outcall massage service shall receive a report setting forth
all facts found that relate to his/her compliance status. (Amendment
95-1, 5/19/95.)
|
| 12.0 |
RIGHT TO APPEAL | back to top | |
| |
12.1 |
Within 10 calendar days after the Department has given a notice
of violation(s), any person(s) aggrieved by the notice may request in writing a hearing
before the Department. The hearing shall take place within 10 calendar
days after the request is received. A written notice of the Director's
final determination shall be given within 10 calendar days after
adjournment of the hearing. The Director may sustain, modify, or
reverse the action or order.
|
| 13.0 |
PENALTY | back to top | |
| |
13.1 |
Any person who is found guilty of violating any of the provisions
of these rules and regulations, either by failing to do those acts
required herein or by doing a prohibited act, is guilty of a class
B misdemeanor pursuant to Section 26A-1-123, Utah Code Annotated,
1953, as amended. If a person is found guilty of a subsequent similar
violation within two years, he is guilty of a class A misdemeanor,
pursuant to Section 26A-1-123(5), Utah Code Annotated, 1953, as
amended. |
| |
13.2 |
Each day such violation is committed or permitted to continue
shall constitute a separate violation. |
| |
13.3 |
The County Attorney may initiate legal action, civil or criminal,
requested by the Department to abate any condition that exists in
violation of these rules and regulations. |
| |
13.4 |
In addition to other penalties imposed by a court of competent
jurisdiction, any person(s) found guilty of violating any of these
rules and regulations shall be liable for all expenses incurred
by the Department in removing or abating any nuisance, source of
filth, cause of sickness or infection, health hazard, or sanitation
violation.
|
| 14.0 |
SEVERABILITY | back to top | |
| |
14.1 |
If any provision, clause, sentence, or paragraph of these
rules and regulations or the application thereof to any person or
circumstances shall be held to be invalid, such invalidity shall
not affect the other provisions or applications of these rules and
regulations. The valid part of any clause, sentence, or paragraph
of these regulations shall be given independence from the invalid
provisions or application and to this end the provisions of these
regulations are hereby declared to be severable.
|
IN WITNESS WHEREOF, the Tooele County Board
of Health has passed, approved and adopted this regulation this
_____ day of _________, _______.
ATTEST: TOOELE COUNTY BOARD OF HEALTH
______________________________ __________________________________
MYRON E. BATEMAN, KATHY
TAYLOR,
Health Officer
Chairperson
| back to top | |
| |
|
|
|
