First Substitute H.B. 90

Representative Kory M. Holdaway proposes to substitute the following bill:

1 RESIDENTIAL FACILITIES FOR PERSONS
2 WITH A DISABILITY
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Kory M. Holdaway
6 This act modifies municipal and county provisions relating to residences for persons with a
7 disability. The act modifies certain restrictions on municipal and county ordinances relating
8 to residential facilities for persons with a disability and makes technical changes.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 10-9-605, as last amended by Chapters 21 and 140, Laws of Utah 1999
12 17-27-605, as last amended by Chapters 21 and 140, Laws of Utah 1999
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 10-9-605 is amended to read:
15 10-9-605. Residences for persons with a disability.
16 (1) As used in this section:
17 (a) "Disability" is defined in Section 57-21-2 .
18 (b) "Residential facility for persons with a disability" means a residence:
19 (i) in which more than one person with a disability resides; and
20 (ii) (A) is licensed or certified by the Department of Human Services under Title 62A,
21 Chapter 2, Licensure of Programs and Facilities; or
22 (B) is licensed or certified by the Department of Health under Title 26, Chapter 21, Health
23 Care Facility Licensing and Inspection Act.
24 (2) Each municipality shall adopt an ordinance for residential facilities for persons with
25 a disability. The ordinance:

26 (a) shall comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
27 Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.;
28 (b) may require[, if consistent with Subsection (2)(a),] residential facilities for persons
29 with a disability:
30 (i) if consistent with Subsection (2)(a), to be reasonably dispersed throughout the
31 municipality; and
32 (ii) to obtain permits that verify compliance with the same building, safety, and health
33 regulations as are applicable in the same zoning area to similar uses that are not residential
34 facilities for persons with a disability; and
35 (c) shall, to the extent required by federal law, provide that a residential facility for persons
36 with a disability[: (i)] is a permitted use in any zoning area where residential dwellings are
37 allowed[; and].
38 [(ii) may only be required to obtain permits that verify compliance with the building,
39 safety, and health regulations that are applicable to similar structures.]
40 (3) The responsibility to license programs or entities that operate facilities for persons with
41 a disability, as well as to require and monitor the provision of adequate services to persons residing
42 in those facilities, shall rest with:
43 (a) for programs or entities licensed or certified by the Department of Human Services, the
44 Department of Human Services as provided in Title 62A, Chapter 5, Services to People with
45 Disabilities; and
46 (b) for programs or entities licensed or certified by the Department of Health, the
47 Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection
48 Act.
49 Section 2. Section 17-27-605 is amended to read:
50 17-27-605. Residences for persons with a disability.
51 (1) As used in this section:
52 (a) "Disability" is defined in Section 57-21-2 .
53 (b) "Residential facility for persons with a disability" means a residence:
54 (i) in which more than one person with a disability resides; and
55 (ii) (A) is licensed or certified by the Department of Human Services under Title 62A,
56 Chapter 2, Licensure of Programs and Facilities; or

57 (B) is licensed or certified by the Department of Health under Title 26, Chapter 21, Health
58 Care Facility Licensing and Inspection Act.
59 (2) Each county shall adopt an ordinance for residential facilities for persons with a
60 disability. The ordinance:
61 (a) shall comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
62 Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.;
63 (b) may require[, if consistent with Subsection (2)(a),] residential facilities for persons
64 with a disability:
65 (i) if consistent with Subsection (2)(a), to be reasonably dispersed throughout the county;
66 and
67 (ii) to obtain permits that verify compliance with the same building, safety, and health
68 regulations as are applicable in the same zoning area to similar uses that are not residential
69 facilities for persons with a disability; and
70 (c) shall, to the extent required by federal law, provide that a residential facility for persons
71 with a disability[: (i)] is a permitted use in any zoning area where residential dwellings are
72 allowed[; and].
73 [(ii) may only be required to obtain permits that verify compliance with the building,
74 safety, and health regulations that are applicable to similar structures.]
75 (3) The responsibility to license programs or entities that operate facilities for persons with
76 a disability, as well as to require and monitor the provision of adequate services to persons residing
77 in those facilities, shall rest with:
78 (a) for programs or entities licensed or certified by the Department of Human Services, the
79 Department of Human Services as provided in Title 62A, Chapter 5, Services to People with
80 Disabilities; and
81 (b) for programs or entities licensed or certified by the Department of Health, the
82 Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection
83 Act.