No. 30204: R392-502. Hotels, Motels and Resort Sanitation

DAR File No.: 30204
Filed: 07/18/2007, 09:23
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Subsection 26-1-30(2). Subsection 26-1-30(2)(u) authorizes the Department to adopt rules and enforce minimum sanitary standards for the operation and maintenance of lodging houses and hotels.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Office of Epidemiology has not received any written comments either supporting or opposing the rule. A committee composed of representatives of the local health departments and representatives of the public lodging industry has submitted proposed rule changes to the Utah Department of Health (UDOH). The major recommended changes included: 1) the name of the rule was proposed to be changed to "Public Lodging Sanitation" and that bed and breakfast facilities and guest ranches be added to the list of facilities regulated under the rule; 2) a change in the number of plumbing fixtures required in facilities of different sizes; 3) a recommendation to require restrooms to be within 300 feet of living units rather than just requiring them to be "conveniently located"; 4) the allowance of public access to automatic ice dispensing equipment rather than prohibiting public access to ice bins, 5) a requirement for window areas to be at least 5% of the floor area (rather than 5% and in no case less than 10%) or mechanical ventilation be used; 6) a requirement that linens be changed at least weekly and between occupants rather than daily or between occupants; 7) an allowance of pet friendly rooms rather than prohibiting pets from public lodging altogether; 8) a requirement to comply with the Utah Indoor Clean Air Act; and 9) a requirement for the use of mechanical washing and drying equipment for soiled laundry. A former Utah legislator, now lobbyist, recently contacted UDOH regarding allowing pets in Utah public lodging. His interest was whether legislation might be needed that would allow pets to stay at Utah public lodging facilities.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

With hotel/motel occupancy rates increasing and more public lodging being built every year, the need for regulation of these facilities continues to be important. Many stories in the national television news and news magazines have highlighted the problems with cleaning of hotel rooms and infestations of bed bugs. Travelers have become more aware of the potential for problems and thus are scrutinizing the rooms they are staying in more than ever. Regulations that require a minimum level of sanitation at Utah lodging are very important to the health of the traveling public. Therefore, this rule should be continued.

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
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]

Authorized by:

David N. Sundwall, Executive Director