First Substitute H.B. 137

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 24, 2003 at 1:51 PM by bhilbert. -->

Representative Greg J. Curtis proposes the following substitute bill:

1 RESIDENTIAL FACILITIES FOR THE
2 DISABLED AMENDMENTS
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Greg J. Curtis
6 This act modifies the Utah Municipal Code and provisions relating to counties. The act
7 modifies the permissible and required provisions of a county or municipal ordinance
8 relating to residential facilities for persons with a disability. The act authorizes a limit on
9 the number of occupants of a residential facility for persons with a disability, authorizes
10 an ordinance to provide for residential facilities for persons with a disability to be
11 excluded from a zoning area under certain circumstances, and authorizes the creation of
12 a security plan for certain residential facilities for persons with a disability, if consistent
13 with other applicable law. The act also makes technical changes.
14 This act affects sections of Utah Code Annotated 1953 as follows:
15 AMENDS:
16 10-9-605, as last amended by Chapters 102 and 203, Laws of Utah 2001
17 17-27-605, as last amended by Chapters 102 and 203, Laws of Utah 2001
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 10-9-605 is amended to read:
20 10-9-605. Residences for persons with a disability.
21 (1) As used in this section:
22 (a) "Disability" is defined in Section 57-21-2 .
23 (b) "Residential facility for persons with a disability" means a residence:
24 (i) in which more than one person with a disability resides; and
25 (ii) (A) is licensed or certified by the Department of Human Services under Title 62A,

26 Chapter 2, Licensure of Programs and Facilities; or
27 (B) is licensed or certified by the Department of Health under Title 26, Chapter 21,
28 Health Care Facility Licensing and Inspection Act.
29 (2) Each municipality shall adopt an ordinance for residential facilities for persons with
30 a disability. [The]
31 (3) Each ordinance[: (a)] under Subsection (2) shall:
32 [(i)] (a) comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
33 Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.; and
34 [(ii)] (b) to the extent required by federal law, provide that a residential facility for
35 persons with a disability is a permitted use in any zoning area where similar residential
36 dwellings that are not residential facilities for persons with a disability are allowed[; and (b)].
37 (4) Subject to Subsection (3), an ordinance under Subsection (2) may:
38 (a) require residential facilities for persons with a disability:
39 [(i) if consistent with the statutory provisions referred to in Subsection (2)(a)(i):]
40 [(A)] (i) to be reasonably dispersed throughout the municipality; [and]
41 (ii) to be limited by number of occupants;
42 [(B)] (iii) for residential facilities for persons with a disability that are substance abuse
43 facilities and are located within 500 feet of a school, to provide, in accordance with rules
44 established by the Department of Human Services under Title 62A, Chapter 2, Licensure of
45 Programs and Facilities:
46 (A) a security plan satisfactory to local h [ school district and ] h law enforcement authorities;
47 [(I)] (B) 24-hour supervision for residents; and
48 [(II)] (C) other 24-hour security measures; and
49 [(ii)] (iv) to obtain permits that verify compliance with the same building, safety, and
50 health regulations as are applicable in the same zoning area to similar uses that are not
51 residential facilities for persons with a disability[.]; and
52 (b) provide that a residential facility for persons with a disability that would likely
53 create a fundamental change in the character of a residential neighborhood may be excluded
54 from a zoning area.
55 [(3)] (5) The responsibility to license programs or entities that operate facilities for
56 persons with a disability, as well as to require and monitor the provision of adequate services to

57 persons residing in those facilities, shall rest with:
58 (a) for programs or entities licensed or certified by the Department of Human Services,
59 the Department of Human Services as provided in Title 62A, Chapter 5, Services to People
60 with Disabilities; and
61 (b) for programs or entities licensed or certified by the Department of Health, the
62 Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and
63 Inspection Act.
64 Section 2. Section 17-27-605 is amended to read:
65 17-27-605. Residences for persons with a disability.
66 (1) As used in this section:
67 (a) "Disability" is defined in Section 57-21-2 .
68 (b) "Residential facility for persons with a disability" means a residence:
69 (i) in which more than one person with a disability resides; and
70 (ii) (A) is licensed or certified by the Department of Human Services under Title 62A,
71 Chapter 2, Licensure of Programs and Facilities; or
72 (B) is licensed or certified by the Department of Health under Title 26, Chapter 21,
73 Health Care Facility Licensing and Inspection Act.
74 (2) Each county shall adopt an ordinance for residential facilities for persons with a
75 disability. [The ordinance: (a)]
76 (3) Each ordinance under Subsection (2) shall:
77 [(i)] (a) comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
78 Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.; and
79 [(ii)] (b) to the extent required by federal law, provide that a residential facility for
80 persons with a disability is a permitted use in any zoning area where similar residential
81 dwellings that are not residential facilities for persons with a disability are allowed[; and (b)].
82 (4) Subject to Subsection (3), an ordinance under Subsection (2) may:
83 (a) require residential facilities for persons with a disability:
84 [(i) if consistent with the statutory provisions referred to in Subsection (2)(a)(i):]
85 [(A)] (i) to be reasonably dispersed throughout the county; [and]
86 (ii) to be limited by number of occupants;
87 [(B)] (iii) for residential facilities for persons with a disability that are substance abuse

88 facilities and are located within 500 feet of a school, to provide, in accordance with rules
89 established by the Department of Human Services under Title 62A, Chapter 2, Licensure of
90 Programs and Facilities:
91 (A) a security plan satisfactory to local h [ school districts and ] h law enforcement
92 authorities;
93 [(I)] (B) 24-hour supervision for residents; and
94 [(II)] (C) other 24-hour security measures; and
95 [(ii)] (iv) to obtain permits that verify compliance with the same building, safety, and
96 health regulations as are applicable in the same zoning area to similar uses that are not
97 residential facilities for persons with a disability[.]; and
98 (b) provide that a residential facility for persons with a disability that would likely
99 create a fundamental change in the character of a residential neighborhood may be excluded
100 from a zoning area.
101 [(3)] (5) The responsibility to license programs or entities that operate facilities for
102 persons with a disability, as well as to require and monitor the provision of adequate services to
103 persons residing in those facilities, shall rest with:
104 (a) for programs or entities licensed or certified by the Department of Human Services,
105 the Department of Human Services as provided in Title 62A, Chapter 5, Services to People
106 with Disabilities; and
107 (b) for programs or entities licensed or certified by the Department of Health, the
108 Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and
109 Inspection Act.