No. 41028 (5-year Review): Rule R392-400. Temporary Mass Gatherings Sanitation

DAR File No.: 41028
Filed: 11/21/2016 09:48:51 AM

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:

Rule R392-400 is authorized under Sections 26-1-5, 26-1-30, and 26-15-2. Section 26-1-5 gives the Utah Department of Health (UDOH) rulemaking authority to carry out the provisions of Title 26, and Subsection 26-1-30(4) charges the Department to create rules to protect the public health or to prevent disease and illness. Section 26-15-2 charges the Department with establishing minimum rules of sanitation necessary to protect the public health. Sanitation at public gatherings incorporate basic tenets from food safety, solid waste, liquid waste, pool safety, and emergency response in order to prevent the spread of disease and illness and to protect the public health.

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 local health departments expressed a desire to revise some of the requirements in Rule R392-400. UDOH participated in a committee to review this rule and make possible changes. The Salt Lake County Health Department (SLCoHD) submitted comments in opposition to the change of definition of a temporary mass gathering, which changed the threshold for events to fall under the auspices of Rule R392-400. The amendment in question would raise the threshold from 500 people for 2 hours to 1,000 people for 2 hours. SLCoHD also submitted comment during the second public comment period requesting specific language be added changing how permits are issued for temporary mass gathering events. Weber-Morgan Health Department submitted a comment opposed to the revision concerning required equipment for emergency response personnel. The amendments take out the specific, extensive list of equipment required of emergency personnel to have on hand and required that personnel hired by event organizers be certified under Section 26-8a-102. Efforts were made multiple times to contact event organizers of perennial events, such as Epic Relays, Ragnar, Lotoja, Tour of Utah, and Red Rock Relay with no response.

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

Continuation of Rule R392-400 is recommended as it provides standards for sanitation at temporary mass gatherings statewide. There is a consensus among the local health departments in favor of these amendments, and UDOH concurs. Regarding the Salt Lake County Health Department (SLCoHD) comment: there is consensus among the local health departments, and UDOH concurs, that the change in threshold for defining a temporary mass gathering will have a minimal negative health impact on the health of the public. This change will bring Utah more in line with average similar standards in other states. UDOH understands that SLCoHD has a concern that small events pose a significant health risk from their own local observations, but it is not a concern shared state wide. SLCoHD is encouraged to collect quantitative data to support their claim, and with this data, UDOH may reassess this issue. Regarding the other SLCoHD comment: the proposed amendments do not address permitting, but do change how a "temporary mass gathering" is defined. UDOH rules of sanitation may require an event of location to have a permit from a local health department to operate, but no rule will give direction on how to issue permits. To do so would infringe on the authority and responsibility of the local health departments. While the intent of the submission is understood, any further amendments would need to not include how an event may be permitted, which is the primary focus of the comment. To meet the perceived intention of the comment would require not adopting the proposed amendments to Rule R392-400 which change the definition of a "temporary mass gathering". The objection to the change in definition, however, has already been discussed and addressed in the first round of public comments. Regarding the Weber-Morgan Health Department comment: the purpose of Rule R392-400 is to provide standards of sanitation to protect the health of patrons at a mass gathering event. It would be inappropriate for this rule to put requirements on another licensed profession aside from environmental health personnel. The changes to Rule R392-400 require in general terms that licensed emergency medical personnel be on-site. It is expected that these professionals will be able to ascertain from a more experienced and learned perspective what equipment, skills, and procedures are needed for them to practice their profession at any event.

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]

Effective:

11/21/2016

Authorized by:

Joseph Miner, Executive Director

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