H.B. 137 Enrolled

RESIDENTIAL FACILITIES FOR THE
DISABLED AMENDMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Greg J. Curtis
This act modifies the Utah Municipal Code and provisions relating to counties. The act
modifies the permissible and required provisions of a county or municipal ordinance
relating to residential facilities for persons with a disability. The act authorizes a limit on
the number of occupants of a residential facility for persons with a disability, authorizes
an ordinance to provide for residential facilities for persons with a disability to be
excluded from a zoning area under certain circumstances, and authorizes the creation of
a security plan for certain residential facilities for persons with a disability, if consistent
with other applicable law. The act also makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-9-605, as last amended by Chapters 102 and 203, Laws of Utah 2001
17-27-605, as last amended by Chapters 102 and 203, Laws of Utah 2001
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-9-605 is amended to read:
10-9-605. Residences for persons with a disability.
(1) As used in this section:
(a) "Disability" is defined in Section 57-21-2 .
(b) "Residential facility for persons with a disability" means a residence:
(i) in which more than one person with a disability resides; and
(ii) (A) is licensed or certified by the Department of Human Services under Title 62A,
Chapter 2, Licensure of Programs and Facilities; or
(B) is licensed or certified by the Department of Health under Title 26, Chapter 21,
Health Care Facility Licensing and Inspection Act.
(2) Each municipality shall adopt an ordinance for residential facilities for persons with

a disability. [The]
(3) Each ordinance[: (a)] under Subsection (2) shall:
[(i)] (a) comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.; and
[(ii)] (b) to the extent required by federal law, provide that a residential facility for
persons with a disability is a permitted use in any zoning area where similar residential dwellings
that are not residential facilities for persons with a disability are allowed[; and (b)].
(4) Subject to Subsection (3), an ordinance under Subsection (2) may:
(a) require residential facilities for persons with a disability:
[(i) if consistent with the statutory provisions referred to in Subsection (2)(a)(i):]
[(A)] (i) to be reasonably dispersed throughout the municipality; [and]
(ii) to be limited by number of occupants;
[(B)] (iii) for residential facilities for persons with a disability that are substance abuse
facilities and are located within 500 feet of a school, to provide, in accordance with rules
established by the Department of Human Services under Title 62A, Chapter 2, Licensure of
Programs and Facilities:
(A) a security plan satisfactory to local law enforcement authorities;
[(I)] (B) 24-hour supervision for residents; and
[(II)] (C) other 24-hour security measures; and
[(ii)] (iv) to obtain permits that verify compliance with the same building, safety, and
health regulations as are applicable in the same zoning area to similar uses that are not residential
facilities for persons with a disability[.]; and
(b) provide that a residential facility for persons with a disability that would likely create
a fundamental change in the character of a residential neighborhood may be excluded from a
zoning area.
[(3)] (5) The responsibility to license programs or entities that operate facilities for
persons with a disability, as well as to require and monitor the provision of adequate services to
persons residing in those facilities, shall rest with:

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(a) for programs or entities licensed or certified by the Department of Human Services,
the Department of Human Services as provided in Title 62A, Chapter 5, Services to People with
Disabilities; and
(b) for programs or entities licensed or certified by the Department of Health, the
Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection
Act.
Section 2. Section 17-27-605 is amended to read:
17-27-605. Residences for persons with a disability.
(1) As used in this section:
(a) "Disability" is defined in Section 57-21-2 .
(b) "Residential facility for persons with a disability" means a residence:
(i) in which more than one person with a disability resides; and
(ii) (A) is licensed or certified by the Department of Human Services under Title 62A,
Chapter 2, Licensure of Programs and Facilities; or
(B) is licensed or certified by the Department of Health under Title 26, Chapter 21,
Health Care Facility Licensing and Inspection Act.
(2) Each county shall adopt an ordinance for residential facilities for persons with a
disability. [The ordinance: (a)]
(3) Each ordinance under Subsection (2) shall:
[(i)] (a) comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.; and
[(ii)] (b) to the extent required by federal law, provide that a residential facility for
persons with a disability is a permitted use in any zoning area where similar residential dwellings
that are not residential facilities for persons with a disability are allowed[; and (b)].
(4) Subject to Subsection (3), an ordinance under Subsection (2) may:
(a) require residential facilities for persons with a disability:
[(i) if consistent with the statutory provisions referred to in Subsection (2)(a)(i):]
[(A)] (i) to be reasonably dispersed throughout the county; [and]

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

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