No. 42514 (Repeal and Reenact): Rule R392-401. Roadway Rest Stop Sanitation

(Repeal and Reenact)

DAR File No.: 42514
Filed: 01/29/2018 08:37:11 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The repeal and reenact to Rule R392-401 simplifies the rule, removes outdated language and redundancies, and provides technical and conforming changes in accordance with the Rulewriting Manual for Utah.

Summary of the rule or change:

The changes to Rule R392-401 provide technical and conforming changes throughout the rule and remove unnecessary and repetitive language. Section R392-401-1 is a new section added to specify the statute under which this rule is authorized, and to explain the purpose of the rule. Section R392-401-2 is a new section added to describe individuals and groups to whom this rule applies, and to specify exclusions to such. In Section R392-401-3, added definitions for "Local health officer", "Nuisance", "Operator", "Plumbing Code", and "Vault Privy", and amended the definition for "Roadway rest area". In Section R392-401-4: 1) the Department has made revisions to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah; and 2) substantive changes include the addition of a provision, similar to a "grandfather clause", which specifies that a construction change is not required in any portion of a rest area that was in compliance before this rule goes into effect. In Sections R392-401-5 and R392-401-6, the Department has made revisions to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. Removal of Section R392-401-5, Plumbing, from the currently enacted rule. The Department incorporated the Plumbing Code by reference in order to remove the numerous regulatory redundancies. In Section R392-401-7, the Department has made revisions to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. In Sections R392-401-8 and R392-401-9, the Department has made revisions to simplify the language and to clarify the intent to more closely align this rule with the authorizing statute and the Rulewriting Manual for Utah. Section R392-401-10 specifies the application of an authority granted a local health officer in Title 26A. Section R392-401-11 specifies the application of an authority granted to a local health officer in Title 26A.

Statutory or constitutional authorization for this rule:

• Section 26-15-2
• Section 26-1-5
• Subsection 26-1-30(23)

Anticipated cost or savings to:

the state budget:

Repealing and reenacting Rule R392-401 will likely not result in a cost or benefit to the state budget. The Utah Department of Transportation currently operates and maintains 24 rest areas, 5 welcome centers, and 5 rest stops. The reenacted rule does not require any changes to an existing facility, nor does the reenacted rule require a permit or a fee of any type.

local governments:

Repealing and reenacting Rule R392-401 will likely not result in a cost or benefit to local governments.

small businesses:

Repealing and reenacting Rule R392-401 will likely not result in a cost or savings to small businesses.

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

Repealing and reenacting Rule R392-401 will likely not result in a fiscal impact to other persons.

Compliance costs for affected persons:

No one specific person will be affected by this rule change. The reenacted rule does not include fees such as user fees or permit fees.

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

Substantive changes include the addition of a grandfather provision specifying that a construction change is not required to any portion of a rest area that was in compliance before the change. It also references the Plumbing Code found in Title 15A and removes any redundancy arising from the incorporation. There will be no fiscal impact from the change.

Joseph K. Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Chris Nelson at the above address, by phone at 801-538-6739, by FAX at , 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:

03/19/2018

This rule may become effective on:

03/26/2018

Authorized by:

Joseph Miner, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

There are no large businesses in the industry in question (roadway rest areas) in Utah. Roadway rest areas are managed by the State of Utah. The Utah Department of Transportation currently operates and maintains 24 rest areas, 5 welcome centers, and 5 rest stops. The proposed rule does not require any changes to an existing facility, nor does the proposed rule require a permit or a fee of any type. Repealing and reenacting Rule R392-401 will likely not result in a cost or benefit to small or large business, local government, or the state budget.

 

The head of Department of Health, Dr. Joseph Miner, has reviewed and approved this fiscal analysis.

 

 

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

R392-401. Roadway Rest [Stop ]Area Sanitation.

[R392-401-1. Definitions.

Director - shall mean the Executive Director of the Utah Department of Health.

Roadway Rest Stop - shall mean any building, or buildings, or grounds, parking areas, including the necessary toilet, hand washing, water supply and wastewater facilities intended for the accommodation of people using such facilities while traveling on public roadways. It does not include scenic view or roadside picnic areas or other parking areas if these are properly identified as not offering public facilities.

Wastewater - shall mean discharges from all plumbing facilities such as rest rooms, kitchen, and laundry fixtures either separately or in combination.

 

R392-401-2. General.

2.1 It shall be the duty of each person operating a roadway rest stop in the State of Utah to carry out the provisions of these regulations.

2.2 Severability - If any provision of this code, or its application to any person or circumstances is declared invalid, the application of such provision to other persons or circumstances, and the remainder of this code, shall not be affected thereby.

2.3 Roadway rest stops shall be designed and constructed to provide adequate surface drainage and shall be isolated from any existing or potential health hazard or nuisance.

2.4 All applicable building, zoning, electrical, health, fire codes and all local ordinances shall be complied with.

 

R392-401-3. Water Supply.

3.1 Potable water supply systems for use in roadway rest stops shall meet the requirements of the State of Utah rules and regulations relating to public drinking water supplies.

3.2 In addition to the requirements of the rules and regulations relating to public drinking water supplies, the design of water system facilities shall be based on the suppliers engineer's estimates of water demands, but shall in no case be less than the following:

Source Capacity - 7 gallons per vehicle served during peak day (with flushometer valves).

Storage Volume - 3.5 gallons per vehicle served during peak day (with flushometer valves).

Distribution System Capacity shall maintain a water system pressure in excess of 20 psi at all points in the distribution system during peak hourly flow conditions. Non-community systems in remote areas can be exempted from this requirement, on a case-by-case basis, if flow from the system is always unregulated and free-flowing. The peak hourly flow shall be calculated on a per building basis for the number of fixture units as presented in the Utah Plumbing Code.

Other exceptions to the above requirements may be made as permitted by the State of Utah public drinking water rules.

3.2.1 The source and storage requirements as indicated above do not include water demands for outside use or fire protection. However, if the culinary system is intended to provide water for such uses, the water requirements indicated above must be appropriately increased. Specific information on watering requirements (e.g. area of land to be irrigated) must be provided for Department of Health review.

3.3 Construction of a public drinking water supply system intended to serve occupants of any roadway rest stop shall not commence until plans prepared by a licensed professional registered engineer (in accordance with Title 58, Chapter 22, Professional Engineers, and Land Surveyors Licensing Act) have been submitted to and approved in writing by the Utah Department of Environmental Quality. Following construction, the system may not be placed in service until a final inspection is made by a representative of the Utah Department of Environmental Quality or local health department having jurisdiction.

3.3.1 All systems must be monitored in accordance with the State of Utah public drinking water rules in cooperation with the local health department in that jurisdiction.

3.4 Any culinary system or portion thereof that is drained seasonally must be cleaned, flushed, and disinfected, and a water sample of satisfactory bacteriologic quality, i.e. a sample showing not more than one coliform bacteria per 100 ml sample, must be obtained before being placed into service.

3.5 In any roadway rest stop where it is not feasible to pipe water into the area, an alternate supply may be permitted upon approval of the Director or director of the local health department having jurisdiction.

 

R392-401-4. Wastewater.

4.1 All wastewater shall be discharged to a public sewer system where accessible and within 300 feet of the roadway rest stop property line.

4.2 Where connection to a public sewer is not available, wastewater shall be discharged into a wastewater disposal system meeting requirements of the Utah rules for waste disposal. Unless water usage rates are available, design shall be based on not less than five (5) gallons per day per vehicle.

4.3 All plans for the construction or alteration of a wastewater disposal system shall initially be submitted to the local health department having jurisdiction. Where plan approval is required by law to be provided by the State Department of Environmental Quality, such plans will be forwarded by the local authority along with any appropriate comments. Construction or alteration of the disposal system shall not commence until the plans have been approved in writing by the appropriate health agency.

 

R392-401-5. Plumbing.

5.1 Adequate plumbing fixtures shall be made available at all roadway rest stops. Water closets and lavatories shall be provided for each sex. The total number of fixtures required shall be based upon survey results conducted to determine traffic density and estimated rest stop use, assuming that one water closet will serve 9 vehicles per hour. Sanitary drinking fountains shall be provided for use at roadway rest stops except when otherwise determined by the Director or director of the local health department having jurisdiction. Common drinking cups are prohibited. A service sink shall be installed to facilitate cleanup procedures.

5.2 Where water cannot be made available, exceptions to the above requirements may be made upon approval of the Director or local health authorities having jurisdiction. Toilet facilities other than the water flush type may be installed when approved by the Director or local health authorities having jurisdiction.

5.3 Wherever toilet facilities for males and females are located in the same building, and adjacent to each other, they shall be separated by a sound-resistant wall. Direct line of sight to each rest room shall be effectively obstructed.

5.4 Soap and toilet tissue in suitable dispensers and individual towels or other approved hand drying facilities and suitable waste receptacles with lids should be provided in each rest room, except as provided in Section 5.2.

5.5 Plumbing fixtures which normally require water for their operation shall be supplied with an adequate potable water supply under pressure.

5.6 All plumbing installed in roadway rest stops shall comply with the provisions of the Utah Plumbing Code and applicable local plumbing codes.

 

R392-401-6. Solid Wastes.

6.1 All solid wastes originating in any roadway rest stop shall be stored in a sanitary manner in approved, watertight containers with lids, or the equivalent, approved by the local health department. The containers shall be conveniently located, and the contents shall be disposed of in a manner approved by the State or local health department having jurisdiction.

 

R392-401-7. Maintenance.

7.1 All buildings, equipment, facilities and ground surrounding them shall be maintained in a clean and operable condition.

7.2 All necessary means shall be employed to eliminate or control any infestations of insects and rodents within all parts of the roadway rest stop. This shall include effective screening or other approved control of outside openings in structures intended for public use.]

R392-401-1. Authority and Purpose.

(1) This rule is authorized under Sections 26-1-5, 26-1-30(23), and 26-15-2.

(2) This rule establishes definitions; sets standards for health and welfare of individuals and for the prevention of the spread of disease in or from a roadway rest area.

 

R392-401-2. Applicability.

This rule applies to the maintenance, use, and operation of roadway rest areas designed, intended for use, or otherwise used by the public while traveling on public roadways, unless specifically exempted. This includes any area designated as an Interstate Oasis as defined by the Federal Highway Administration under 23 U.S.C. Sec. 111 and listed in 71 Federal Register 201 (18 October 2006), pp. 61529-61534. This rule does not apply to scenic view or roadside picnic areas or other parking areas if those areas have proper signage indicating that public facilities are not offered.

 

R392-401-3. Definitions.

For the purposes of this rule, the following terms, phrases, and words shall have the meanings herein expressed:

(1) "Local health officer" means the health officer of the local health department having jurisdiction or designated representative.

(2) "Nuisance" means a condition or hazard, or the source thereof, which may be deleterious or detrimental to the health, safety, or welfare of the public.

(3) "Operator" means a person with ownership or overall responsibility for managing or operating a roadway rest area in the State of Utah.

(4) "Plumbing Code" means International Plumbing Code as incorporated and amended in Title 15A, State Construction and Fire Codes Act.

(5) "Roadway rest area" or "Rest area" means any building, or buildings, or grounds, parking areas, including toilet, hand washing, water supply and wastewater facilities intended for the accommodation of people using such facilities while traveling on public roadways. This includes rest areas, welcome centers, and rest stops.

(6) "Vault privy" means a toilet facility wherein the waste is deposited without flushing into a permanently-installed, watertight vault or receptacle. Vault wastes is periodically removed and disposed of in accordance with Rule R317-560.

(7) "Wastewater" means discharges from all plumbing facilities including rest rooms, kitchen, and laundry fixtures either separately or in combination.

 

R392-401-4. General.

(1) This rule does not require a construction change in any portion of a roadway rest area if the rest area was in compliance with the law in effect at the time the roadway rest area was constructed, except as in R392-401-4(1)(a).

(a) Construction changes may be required by the local health officer if it is determined the roadway rest area or portion thereof is dangerous, unsafe, unsanitary, or a nuisance to life, health, or property.

(2) The operator shall carry out the provisions of this rule.

(3) Severability - If any provision of this code, or its application to any person or circumstances is declared invalid, the application of such provision to other persons or circumstances, and the remainder of this code, shall not be affected thereby.

(4) A roadway rest area operator or agent shall select or construct a location for the facility that will provide adequate surface drainage. The operator shall make a reasonable effort to locate the facility away from any existing or potential public health hazard or nuisance.

(5) The operator shall comply with all applicable building, zoning, electrical, health, fire codes and all local ordinances.

 

R392-401-5. Water Supply Requirements.

(1) When an operator supplies potable water for rest area patron use, the potable water supply system shall be designed, installed, and operated according to the requirements set forth by:

(a) Plumbing Code;

(b) the Utah Department of Environmental Quality, Division of Drinking Water under Title R309; and

(c) local health department regulations.

(2) Any plumbing fixture provided by the operator that normally requires water for its operation shall have an adequate potable water supply under pressure.

(3) The operator may be required to sample water systems operated on a seasonal basis for bacteriologic analysis, as determined by the local health officer.

(4) If a roadway rest area experiences or will experience a disruption of potable water or sewer service for more than four hours, for any reason, the operator shall notify the local health officer within one hour of becoming aware of the service disruption.

 

R392-401-6. Wastewater Disposal Requirements.

(1) The operator shall ensure that sewer services are made available to roadway rest area patrons.

(2) Sewer systems for use by roadway rest area patrons shall be designed, installed, and operated according to the requirements set forth by:

(a) Plumbing Code;

(b) The Utah Department of Environmental Quality, Division of Water Quality under Title R317-4;

(c) local health department regulations; and

(d) the local sewer district having jurisdiction.

(3) All wastewater shall be discharged to a public sanitary sewer system whenever practicable.

(4) Where connection to a public sanitary sewer is not practicable, wastewater shall be discharged to:

(a) an approved onsite wastewater disposal system; or

(b) a vault privy which shall be located, constructed, and maintained according to the requirements of Rule R317-560 and local health department regulation in such a manner that:

(i) Users do not contact waste matter deposited;

(ii) Access to the vault privy interior or vault is minimized for flies, insects, rats, and other animals;

(iii) Surface or ground water cannot enter the vault, either as runoff or as flood water;

(iv) The waste material in the vault privy cannot contaminate a water supply, stream, or body of water; and

(v) Odors are minimized both inside and outside the vault privy structure.

(5) The operator shall submit all required plans for the construction or alteration of an onsite wastewater disposal system in accordance with Title R317.

 

R392-401-7. Solid Wastes.

(1) The operator shall provide adequate containers to prevent the accumulation of solid waste in or around the rest area.

(2) Solid waste generated at a roadway rest area shall be stored in a leak-proof, non-absorbent container, which shall be kept covered with a tight-fitting lid.

(3) All solid wastes shall be disposed with sufficient frequency and in such a manner as to prevent insect breeding, rodent harborage, or a public health nuisance.

 

R392-401-8. Maintenance Requirements.

(1) All buildings, rooms, and equipment and the grounds surrounding them shall be maintained in a clean and operable condition.

(2) Where necessary, all reasonable means shall be employed to eliminate or control infestations of vermin, vectors, or pests within a roadway rest area. This shall include approved screening or other approved control of outside openings in structures.

(3) Where electric power is available, roadway rest areas shall be provided with outside lighting to indicate the location and entrance doorways.

 

R392-401-9. Operation Requirements.

(1) When an operator provides plumbing fixtures as described in Subsection R392-401-5(2), the operator shall supply in each toilet room:

(a) soap and toilet tissue in suitable dispensers;

(b) individual disposable towels or other approved hand drying facilities; and

(c) a solid, durable, and easily cleanable waste receptacle with lid.

(2) When a vault privy is provided for patron use as described in Subsection R392-401-6(4)(b), and potable water is not plumbed, connected, or supplied to the toilet room, the operator shall supply in each toilet room:

(a) a solid, durable, and easily cleanable waste receptacle with lid; and

(b) toilet tissue in a suitable dispenser

(3) The operator shall post signage in a conspicuous location to discourage patrons from depositing toilet tissue in a waste receptacle.

 

R392-401-10. Inspections and Investigations.

Upon presenting proper identification, the operator shall permit the local health officer to enter upon the premises of a roadway rest area to perform inspections, investigations, reviews, and other actions as necessary to ensure compliance with Rule R392-401.

 

R392-401-11. Closing or Restricting of a Roadway Rest Area.

(1) If a local health officer deems a roadway rest area or portion thereof to be an imminent risk to the life, health, or safety of the public, the roadway rest area may be closed or its use may be restricted, as determined by the local health officer.

(2) The operator shall restrict public access to the impacted area of any roadway rest area closed or restricted to use by a local health officer within a reasonable time as ordered by the local health officer.

(3) It shall be unlawful for an operator to allow the public to utilize any roadway rest area or portion thereof that has been deemed unfit for use until written approval of the local health officer is given.

 

KEY: public health, recreation areas, rest areas, restrooms

Date of Enactment or Last Substantive Amendment: [1987]2018

Notice of Continuation: November 7, 2016

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

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