No. 38177 (Amendment): Section R392-200-4. Site Standards

(Amendment)

DAR File No.: 38177
Filed: 12/13/2013 10:01:21 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is being revised to clarify that a building site that has been remediated to eliminate any public health threat may be used for a building site.

Summary of the rule or change:

Subsection R392-200(4)(2) will be deleted, which will then allow building on a site that has been remediated to eliminate any public health threat. Subsection R392-200(4)(3), which will remain in effect, contains language that will continue to prevent building on sites where health or safety hazards exist.

State statutory or constitutional authorization for this rule:

• Section 26-15-2

Anticipated cost or savings to:

the state budget:

The Utah Department of Health (UDOH) performed an analysis and has determined that by eliminating the proposed section, it would not have an effect on the building cost of a school, but would allow more options for districts as to location of schools. Therefore, UDOH has determined that the proposed modification has no cost or savings effect to state budgets.

local governments:

UDOH performed an analysis and has determined that by eliminating the proposed section, it would not have an effect on the building cost of a school, but would allow more options for districts as to location of schools. Therefore, UDOH has determined that the proposed modification has no cost or savings effect to local government budgets.

small businesses:

The proposed modification has no cost or savings effect to small businesses. UDOH performed an analysis and has determined that by eliminating the proposed section, it would not have an effect on the building cost of a school, but would allow more options for location.

persons other than small businesses, businesses, or local governmental entities:

UDOH performed an analysis and has determined that by eliminating the proposed section, it would not have an effect on the building cost of a school, but would allow more options for districts as to location of schools. Therefore, UDOH has determined that the proposed modification has no cost or savings effect to those in this class.

Compliance costs for affected persons:

UDOH performed an analysis and has determined that by eliminating the proposed section, it would not have an effect on the building cost of a school, but would allow more options for districts. Therefore, UDOH has determined that the proposed modification has no cost or savings effect to individuals, partnerships, corporations, associations, or others as listed above.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no effect on business as this will allow re-use of land when appropriate remediation has been done.

David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/31/2014

This rule may become effective on:

02/07/2014

Authorized by:

David Patton, Executive Director

RULE TEXT

R392. Health, Disease Control and Prevention, Environmental Services.

R392-200. Design, Construction, Operation, Sanitation, and Safety of Schools.

R392-200-4. Site Standards.

(1) Prior to developing plans and specifications for a new school, or the expansion of an existing school, school districts and charter schools shall coordinate with local health departments regarding environmental health and safety issues to avoid unreasonable risks to the health and safety of students, school staff, and faculty.[

(2) The school site shall not be located in an area where there is a history or high possibility of flooding, high ground water, snow or earth slides, or an area that was a repository for hazardous substances.]

([3]2) The school site shall be located to minimize the negative influence of railroads, freeways, highways, heavy traffic roads, industrial areas, airports and aircraft flight patterns, fugitive dust, odors, or other areas where auditory problems, malodorous conditions, or safety and health hazards exist.

 

KEY: public health, schools

Date of Enactment or Last Substantive Amendment: [August 26, 2013]2014

Notice of Continuation: January 20, 2012

Authorizing, and Implemented or Interpreted Law: 26-15-2

 

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