NOTICE OF SUBSTANTIVE CHANGE
1. Agency Information
Health and Human Services, Population Health, Environmental Health
Salt Lake City, UT 84114-2102
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R392-703. Sanitation Standards for Massage and Non-Aquatic Communal Bathing Facilities
B. Purpose of the new rule or reason for the change:
Section 26B-7-402 requires the Department of Health and Human Services (department) to establish minimum sanitation standards for certain facilities, including a public bath, which includes a sauna, spa, or massage facility.
This new rule establishes minimum sanitation standards for massage facilities and non-aquatic communal bathing facilities, such as saunas and steam rooms, that are not otherwise regulated under existing aquatic venue rules.
This new rule satisfies the statutory mandate without creating new construction or engineering requirements.
C. Summary of the new rule or change:
This new rule establishes baseline sanitation standards for massage and non-aquatic communal bathing facilities.
It defines "imminent health hazard" using objective, risk-based criteria and requires sanitation controls for surfaces, linens, hand hygiene, ventilation, and communicable disease prevention.
This new rule clarifies that aquatic facilities regulated under other Title R392 rules are excluded and does not establish a permitting program or inspection frequency.
This rule provides complaint-based enforcement consistent with Title 26A and limits emergency enforcement to imminent health hazards.
Minor, technical violations are expressly excluded.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
There is no anticipated fiscal impact to the state budget as a result of this new rule.
This rule does not create a new state program, staffing requirement, or inspection schedule.
There is no anticipated fiscal impact to local governments as a result of this new rule.
Local health departments already possess authority under Title 26A to investigate and address public health hazards.
This rule clarifies minimum sanitation standards but does not mandate routine inspections or additional enforcement activity.
C. Small businesses ("small business" means a business employing 1-49 persons):
There is no anticipated fiscal impact to small businesses as a result of this new rule.
Massage and non-aquatic communal bathing facilities are already subject to basic sanitation expectations.
This rule formalizes minimum standards but does not impose structural retrofits, permitting requirements, or new capital expenditures.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
There is no anticipated fiscal impact to non-small businesses as a result of this new rule.
Massage and non-aquatic communal bathing facilities are already subject to basic sanitation expectations.
This rule formalizes minimum standards but does not impose structural retrofits, permitting requirements, or new capital expenditures.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
There is no anticipated fiscal impact to other persons, including patrons of massage and non-aquatic communal bathing facilities, as a result of this new rule.
Massage and non-aquatic communal bathing facilities are already subject to basic sanitation expectations.
This rule formalizes minimum standards and does not impose additional standards that would be anticipated to affect pricing for patrons.
F. Compliance costs for affected persons:
There are no anticipated compliance costs for affected persons as a result of this new rule.
Massage and non-aquatic communal bathing facilities are already subject to basic sanitation expectations.
This rule establishes minimum sanitation expectations consistent with common industry practice and public health norms.
This rule does not require new construction, specialized equipment, or routine inspection fees.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Health and Human Services, Tracy S. Gruber, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation InformationProvide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Tracy S. Gruber, Commissioner
R392. Health and Human Services, Population Health, Environmental Health.
R392-703. Sanitation Standards for Massage and Non-Aquatic Communal Bathing Facilities. R392-703-1. Authority and Purpose. (1) Sections 26A-1-114, 26B-1-202, and 26B-7-402 authorize this rule. (2)(a) This rule establishes minimum sanitation standards necessary to protect the public health in massage facilities and non-aquatic communal bathing facilities, consistent with Section 26B-7-402. (b) This rule does not require routine permitting or inspection unless otherwise required by law. (1)(a) "Imminent health hazard" means a significant and immediate threat to health that requires prompt corrective action to prevent serious injury or disease. (b) An imminent health hazard exists when objective evidence demonstrates that a condition creates a substantial risk of serious illness or injury based on the severity, likelihood, and duration of exposure. (c) An imminent health hazard may include circumstances such as fire, flood, extended interruption of utilities affecting sanitation, sewage backup, misuse of toxic materials, apparent outbreak of communicable disease associated with the facility, or a grossly insanitary condition that poses a substantial risk of disease transmission. (d) An imminent health hazard does not include conditions that present only minor, technical, or non-health-related violations. (2) "Local health officer" means the director of a local health department as appointed under Section 26A-1-110 or the local health officer's designated representative. (3) "Massage" means any method of pressure on or friction against, including stroking, kneading, rubbing, tapping, pounding, vibrating, wrapping, or stimulating, the body or any external part thereof with the hands or with the aid of any mechanical apparatus or appliance for relaxation or therapeutic purposes. (4) "Massage facility" means a facility where massage services are provided to the public for compensation. (5) "Non-aquatic communal bathing facility" means a facility open to the public that provides communal perspiration or atmospheric thermal environments, including a dry sauna or steam room, and is not regulated under Rule R392-302 or Rule R392-303. (6) "Operator" means a person who owns, manages, or controls, or who has the duty to manage or control, the operation of a massage or non-aquatic communal bathing facility. (7) "Plumbing Code" means International Plumbing Code as incorporated and amended in Title 15A, State Construction and Fire Codes Act. R392-703-3. Applicability. (1) This rule applies to: (a) a massage facility open to the public; and (b) a non-aquatic communal bathing facility open to the public. (2) This rule does not apply to: (a) a public swimming pool, spa, aquatic venue, geothermal pool, or geothermal bathing place regulated under Rule R392-302 or Rule R392-303; (b) a facility with a primary purpose regulated under another rule promulgated under Title R392; or (c) a private residence not open to the public. (3) This rule does not supersede licensing or professional practice requirements under Title 58. R392-703-4. Minimum Sanitation Requirements for Massage Facilities. The operator of a massage facility shall, at a minimum: (1) maintain rooms, fixtures, and equipment in a clean and sanitary condition; (2) remove trash and soiled materials at a frequency sufficient to prevent odors and contamination; (3) use clean linens for each client; (4) launder linens using detergent and hot water after each use; (5) clean and sanitize each massage table and contact surface between each client; (6) provide handwashing facilities with potable water, soap, and disposable towels; (7) require staff to wash hands before and after each client; 
