First Substitute S.B. 47

Senator Robert M. Muhlestein proposes to substitute the following bill:

1 CITY AND COUNTY ZONING OF HEALTH
2 CARE CENTERS
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Robert M. Muhlestein
6 AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; MODIFYING A
7 PERMISSIBLE RESTRICTION ON RESIDENTIAL FACILITIES FOR ELDERLY PERSONS;
8 EXPANDING THE DEFINITION OF RESIDENTIAL FACILITY FOR PERSONS WITH A
9 DISABILITY; EXPANDING THE SET OF FACILITIES AFFECTED BY THE REQUIREMENT
10 THAT MUNICIPALITIES AND COUNTIES ADOPT AN ORDINANCE FOR RESIDENTIAL
11 FACILITIES FOR PERSONS WITH A DISABILITY; RESTATING THE RESPONSIBILITY
12 OF THE DEPARTMENT OF HEALTH WITH RESPECT TO FACILITIES LICENSED BY THE
13 DEPARTMENT OF HEALTH; AND MAKING TECHNICAL CHANGES.
14 This act affects sections of Utah Code Annotated 1953 as follows:
15 AMENDS:
16 10-9-502, as last amended by Chapter 108, Laws of Utah 1997
17 10-9-605, as enacted by Chapter 108, Laws of Utah 1997
18 17-27-502, as last amended by Chapter 108, Laws of Utah 1997
19 17-27-605, as enacted by Chapter 108, Laws of Utah 1997
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 10-9-502 is amended to read:
22 10-9-502. Municipal ordinances governing elderly residential facilities.
23 (1) Each municipality shall adopt ordinances that establish that a residential facility for
24 elderly persons is a permitted use in any area where residential dwellings are allowed, except an
25 area zoned to permit exclusively single-family dwellings.

26 (2) The ordinances shall establish a permit process that may require only that:
27 (a) the facility meet all applicable building, safety, zoning, and health ordinances
28 applicable to similar dwellings;
29 (b) adequate off-street parking space be provided;
30 (c) the facility be capable of use as a residential facility for elderly persons without
31 structural or landscaping alterations that would change the structure's residential character;
32 (d) [no] residential [facility] facilities for elderly persons be [established within
33 three-quarters mile of another residential facility for elderly persons or residential facility for
34 persons with a disability, as defined by Section 10-9-605 ] reasonably dispersed throughout the
35 municipality;
36 (e) no person being treated for alcoholism or drug abuse be placed in a residential facility
37 for elderly persons; and
38 (f) placement in a residential facility for elderly persons be on a strictly voluntary basis and
39 not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.
40 Section 2. Section 10-9-605 is amended to read:
41 10-9-605. Residences for persons with a disability.
42 (1) As used in this section:
43 (a) "Disability" is defined in Section 57-21-2 .
44 (b) "Residential facility for persons with a disability" means a residence:
45 (i) in which more than one person with a disability resides; and
46 (ii) (A) is licensed or certified by the Department of Human Services under Title 62A,
47 Chapter 2, Licensure of Programs and Facilities; or
48 (B) is licensed or certified by the Department of Health under Title 26, Chapter 21, Health
49 Care Facility Licensing and Inspection Act.
50 (2) Each municipality shall adopt an ordinance for residential facilities for persons with
51 a disability. The ordinance:
52 (a) shall comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
53 Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.;
54 (b) may require, if consistent with Subsection (2)(a), residential facilities for persons with
55 a disability to be reasonably dispersed throughout the municipality; and
56 (c) shall provide that a residential facility for persons with a disability:

57 (i) is a permitted use in any zoning area where residential dwellings are allowed; and
58 (ii) may only be required to obtain permits that verify compliance with the building, safety,
59 and health regulations that are applicable to similar structures.
60 (3) The responsibility to license programs or entities [which] that operate facilities for
61 persons with a disability, as well as to require and monitor the provision of adequate services to
62 persons residing in those facilities, shall rest with:
63 (a) for programs or entities licensed or certified by the Department of Human Services, the
64 Department of Human Services as provided in Section 62A-2-114 and Title 62A, Chapter 5,
65 Services to People with Disabilities; and
66 (b) for programs or entities licensed or certified by the Department of Health, the
67 Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection
68 Act.
69 Section 3. Section 17-27-502 is amended to read:
70 17-27-502. County ordinances governing elderly residential facilities.
71 (1) Each county shall adopt ordinances that establish that a residential facility for elderly
72 persons is a permitted use in any area where residential dwellings are allowed, except an area
73 zoned to permit exclusively single-family dwellings.
74 (2) The ordinances shall establish a permit process that may require only that:
75 (a) the facility meet all applicable building, safety, zoning, and health ordinances
76 applicable to similar dwellings;
77 (b) adequate off-street parking space be provided;
78 (c) the facility be capable of use as a residential facility for elderly persons without
79 structural or landscaping alterations that would change the structure's residential character;
80 (d) [no] residential [facility] facilities for elderly persons be [established within
81 three-quarters mile of another residential facility for elderly persons or residential facility for
82 persons with a disability, as defined by Section 17-27-605 ] reasonably dispersed throughout the
83 county;
84 (e) no person being treated for alcoholism or drug abuse be placed in a residential facility
85 for elderly persons; and
86 (f) placement in a residential facility for elderly persons be on a strictly voluntary basis and
87 not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.

88 Section 4. Section 17-27-605 is amended to read:
89 17-27-605. Residences for persons with a disability.
90 (1) As used in this section:
91 (a) "Disability" is defined in Section 57-21-2 .
92 (b) "Residential facility for persons with a disability" means a residence:
93 (i) in which more than one person with a disability resides; and
94 (ii) (A) is licensed or certified by the Department of Human Services under Title 62A,
95 Chapter 2, Licensure of Programs and Facilities; or
96 (B) is licensed or certified by the Department of Health under Title 26, Chapter 21, Health
97 Care Facility Licensing and Inspection Act.
98 (2) Each county shall adopt an ordinance for residential facilities for persons with a
99 disability. The ordinance:
100 (a) shall comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
101 Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.;
102 (b) may require, if consistent with Subsection (2)(a), residential facilities for persons with
103 a disability to be reasonably dispersed throughout the county; and
104 (c) shall provide that a residential facility for persons with a disability:
105 (i) is a permitted use in any zoning area where residential dwellings are allowed; and
106 (ii) may only be required to obtain permits that verify compliance with the building, safety,
107 and health regulations that are applicable to similar structures.
108 (3) The responsibility to license programs or entities [which] that operate facilities for
109 persons with a disability, as well as to require and monitor the provision of adequate services to
110 persons residing in those facilities, shall rest with:
111 (a) for programs or entities licensed or certified by the Department of Human Services, the
112 Department of Human Services as provided in Section 62A-2-114 and Title 62A, Chapter 5,
113 Services to People with Disabilities; and
114 (b) for programs or entities licensed or certified by the Department of Health, the
115 Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection
116 Act.