§ 238-1. Definitions.

For the purpose of these regulations and unless defined in other sections the terms, phrases, and words shall have the following meanings:

ANTISEPTICS and GERMICIDES

Used to prevent inflection and decay by inhibiting the growth of microorganisms. Because these products are used in or on living humans or animals, they are considered drugs and are thus approved and regulated by the Food and Drug Administration (FDA).

BOOTH

A manicurist work station located within a manicurist establishment.

COSMETOLOGY

Any one or a combination of the following practices when performed upon the scalp, face, neck, shoulders, chest, back, arms, hands or feet of a person for cosmetic purposes only.

DIRECTOR

The Health Department Director of Health or his or her authorized representative.

DISINFECTANTS

Used on hard inanimate surfaces and objects to destroy or irreversibly inactivate infectious fungi and bacteria but not necessarily their spores. Disinfectant products are divided into two major types: hospital and general use. Hospital-type disinfectants are the most critical to infection control and are used on medical and dental instruments, floors, walls, bed linens, toilet seats, and other surfaces. General disinfectants are the major source of products used in households, swimming pools, and water purifiers.

DWELLING

Any building or shelter or part thereof that is intended or used for human habitation.

DWELLING UNIT

A room or group of rooms located within a dwelling forming a single habitable unit with facilities intended or used for living, sleeping, cooking, or eating or any combination.

HOT WATER

Water heated to a temperature of not less than 110° F. (43° C.) at the outlet.

MANICURING

The practice of cutting, trimming, lacquering, polishing, coloring, cleansing the nails, massaging, cleaning, treating, applying or removing artificial finger and/or toe nails, beautifying the hands, fingers, feet, or toes of any person.

MANICURING SALON ESTABLISHMENT

Any shop, beauty salon or location, place, area, structure, or business that offers manicuring to the public.

MANICURIST

Any person engaged in the practice of manicuring, whether as owner, operator, instructor, demonstrator, manicurist, or student for compensation, either directly or indirectly, or without compensation for the public generally.

NEW MANICURIST ESTABLISHMENT

A manicurist establishment whose construction or operation has begun, following the effective date of these regulations.

OPERATOR

A person who owns, leases, or manages a manicurist establishment service or any person performing, manicuring.

OWNER

Any person who alone or jointly or severally with others:

A. 

Has legal title or interest in any premises manicurist establishment, or dwelling unit, with or without accompanying actual possession thereof; or

B. 

Has charge, care, or control of any premises, manicurist establishment, service, dwelling, or dwelling unit, as legal or equitable owner, agent of the owner, lessee, or is an executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner.

PERSON

Any individual, public or private corporation and its officers, partnership, association, firm, trustee, executor of an estate, the state or its departments, institution, bureau, agency, County, City, political subdivision, or legal entity recognized by law.

SANITIZERS

Used to reduce, but not necessarily eliminate, microorganisms from the inanimate environment to levels considered safe as determined by public health codes or regulations. Sanitizers include food contact and non-food contact products. Sanitizing rinses for surfaces such as dishes and cooking utensils, as well as equipment and utensils found in dairies, food-processing plants, and eating and drinking establishments comprise the food contact sanitizers. These products are important because they are used on sites where consumable food products are placed and stored. Non-food contact surface sanitizers include carpet sanitizers, air sanitizers, laundry additives, and in-tank toilet bowl sanitizers.

STERILIZERS (SPORICIDES)

Used to destroy or eliminate all forms of microbial life, including fungi, viruses, and all forms of bacteria and their spores. Spores are considered to be the most difficult form of microorganism to destroy. Therefore, EPA considers the term "sporicide" to be synonymous with "sterilizer." Sterilization is critical to infection control and is widely used in hospitals on medical and surgical, instruments and equipment. Types of sterilizers include steam under pressure (autoclaving), dry-heat ovens, low-temperature gas (ethylene oxide), and liquid chemical sterilants. Gaseous and dry-heat sterilizers are used primarily for sterilization of medical instruments. Liquid sterilants are primarily used for delicate instruments which cannot withstand high temperature and gases.