No. 34144 (Amendment): Rule R392-200. Design, Construction, Operation, Sanitation, and Safety of Schools

(Amendment)

DAR File No.: 34144
Filed: 10/11/2010 03:57:53 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment removes the phrase "liberally construed" from the rule language as directed by the legislature.

Summary of the rule or change:

The phrase "liberally construed" has been removed from Section R392-200-1.

State statutory or constitutional authorization for this rule:

• Section 26-15-2

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings as the removal of this phrase does not change the requirements of the rule, or demand specific action by regulators.

local governments:

There are no anticipated costs or savings as the requirements of the rule have not changed, or demand specific action by local government.

small businesses:

There are no anticipated costs or savings as the requirements of the rule have not changed.

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

There are no anticipated costs or savings as the requirements of the rule have not changed.

Compliance costs for affected persons:

There are no costs associated with this change of rule.

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

Removal of this ambiguous phrase is expected to have no fiscal impact.

David N. Sundwall, MD, Executive Director

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

Health
Epidemiology and Laboratory Services, Environmental Services
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:

12/01/2010

This rule may become effective on:

12/08/2010

Authorized by:

David Sundwall, Executive Director

RULE TEXT

R392. Health, Epidemiology and Laboratory Services, Environmental Services.

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

R392-200-1. General Provisions.

A. Purpose. This rule [shall be liberally construed and applied to ]provide s minimum requirements for the protection of the health and safety of the school occupants and the general public.

B. Application. The provisions of this rule are applicable to the design, construction, operation, maintenance, safety, health, and sanitation of schools, their grounds, and accessory structures thereto.

C. Construction or Remodeling of School Buildings

1. On and after the effective date of this rule, all school buildings or appurtenances that are constructed or extensively remodeled shall be designed, constructed, remodeled, and maintained in accordance with the standards set forth in rule.

2. Architectural plans for new or for an extensive renovation of an existing facility shall be submitted to the Department or its designated representative for review and approval prior to construction. Any changes required for approval shall be included into the plans and adhered to in the construction of the facility.

3. Existing schools shall be maintained in accordance to the health and sanitary standards established in this rule.

D. Definitions

1. "Approved" means acceptable to the Director or local health officer based on his determination that there is conformance with appropriate standards and good public health practice.

2. "Department" means the Utah Department of Health or its authorized agents.

3. "Director" means the Executive Director of the Utah Department of Health, or designated representative.

4. "Facility" means a place, an institution, a building or part thereof, a set of buildings, or an area, whether or not enclosing a building or set of buildings, and its associated premises that is used for the education of individuals and that may be owned and/or operated by public or private agencies.

5. "Hot Water" means water heated to a temperature of not less than 120 degrees Fahrenheit (49 degrees Celsius) at the outlet.

6. "Instructor" means teacher, teaching assistant, teacher's aid, or any other such individual responsible for a particular class.

7. "Local Health Officer" means the health officer of any municipal, county, or district health department, or his designated representative.

8. "School" shall mean any public or private educational institution or facility owned and/or operated by federal, state, or local governments, religious organizations, private agencies, or individuals.

9. "Solid Wastes" means any discarded organic matter, refuse, rubbish, hazardous waste, special waste, garbage, trash, and other waste materials resulting from the operation of the facility.

10. "Toxic" means any substance that may have an adverse physiological effect on a person or persons.

11. "Wastewater" means sewage or water-carried wastes, and shall include, but not be limited to, the discharges from all plumbing fixtures or facilities.

 

KEY: public health, schools

Date of Enactment or Last Substantive Amendment: [September 10, 1998]2010

Notice of Continuation: April 5, 2007

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

 

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