H.B. 402

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Mar 10, 2009 at 11:01 AM by smaeser. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Mar 11, 2009 at 10:26 AM by rday. --> 1

ENFORCEMENT OF CARBON MONOXIDE
2 DETECTOR REQUIREMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kevin S. Garn
6 Senate Sponsor: Sheldon L. Killpack
7
8 LONG TITLE
9 General Description:
10 This bill enacts provisions relating to the enforcement of carbon monoxide detector
11 requirements.
12 Highlighted Provisions:
13 This bill:
14 . prohibits counties and municipalities from enforcing ordinances, rules, or
15 regulations requiring the installation or maintenance of carbon monoxide detectors
16 in residential dwellings against anyone other than the occupant of the dwelling S. , subject to an
16a exception for new construction .S ; and
17 . clarifies that local health department authority does not include the authority to
18 enforce ordinances, rules, or regulations requiring the installation or maintenance of
19 carbon monoxide detectors in residential dwellings against anyone other than the
20 occupant of the dwelling.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 26A-1-114, as last amended by Laws of Utah 2008, Chapter 339

28 ENACTS:
29 10-8-53.5, Utah Code Annotated 1953
30 17-50-327, Utah Code Annotated 1953
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 10-8-53.5 is enacted to read:
34 10-8-53.5. Regulation of carbon monoxide detectors -- Enforcement against
35 occupant only.
36 S. [ A ] (1) Subject to Subsection (2), a .S municipality may not enforce an ordinance,
36a rule, or regulation requiring the
37 installation or maintenance of a carbon monoxide detector in a residential dwelling against
38 anyone other than the occupant of the dwelling.
38a S. (2) Subsection (1) may not be construed to affect:
38b (a) a [ developer's ] building permit applicant's obligation to comply with a building code
38c that requires the installation of a carbon monoxide detector as part of new construction; or
38d (b) a municipality's ability to require a [ developer ] building permit applicant to comply
38e with a building code that requires the installation of a carbon monoxide detector as part of
38f new construction. .S
39 Section 2. Section 17-50-327 is enacted to read:
40 17-50-327. Regulation of carbon monoxide detectors -- Enforcement against
41 occupant only.
42 S. [ A ] (1) Subject to Subsection (2), a .S county may not enforce an ordinance, rule, or
42a regulation requiring the installation or
43 maintenance of a carbon monoxide detector in a residential dwelling against anyone other than
44 the occupant of the dwelling.
44a S. (2) Subsection (1) may not be construed to affect:
44b (a) a [ developer's ] building permit applicant's obligation to comply with a
44c building code that requires the installation of a carbon monoxide detector as part of new
44d construction; or
44e (b) a county's ability to require a [ developer ] building permit applicant to
44f comply with a building code that
44g requires the installation of a carbon monoxide detector as part of new construction. .S
45 Section 3. Section 26A-1-114 is amended to read:
46 26A-1-114. Powers and duties of departments.
47 (1) A local health department may:
48 (a) subject to the provisions in Section 26A-1-108 , enforce state laws, local ordinances,

49 department rules, and local health department standards and regulations relating to public

50 health and sanitation, including the plumbing code adopted by the Division of Occupational
51 and Professional Licensing under Section 58-56-4 and under Title 26, Chapter 15a, Food
52 Safety Manager Certification Act, in all incorporated and unincorporated areas served by the
53 local health department;
54 (b) establish, maintain, and enforce isolation and quarantine, and exercise physical
55 control over property and over individuals as the local health department finds necessary for
56 the protection of the public health;
57 (c) establish and maintain medical, environmental, occupational, and other laboratory
58 services considered necessary or proper for the protection of the public health;

59 (d) establish and operate reasonable health programs or measures not in conflict with
60 state law which:
61 (i) are necessary or desirable for the promotion or protection of the public health and
62 the control of disease; or
63 (ii) may be necessary to ameliorate the major risk factors associated with the major
64 causes of injury, sickness, death, and disability in the state;
65 (e) close theaters, schools, and other public places and prohibit gatherings of people
66 when necessary to protect the public health;
67 (f) abate nuisances or eliminate sources of filth and infectious and communicable
68 diseases affecting the public health and bill the owner or other person in charge of the premises
69 upon which this nuisance occurs for the cost of abatement;
70 (g) make necessary sanitary and health investigations and inspections on its own
71 initiative or in cooperation with the Department of Health or Environmental Quality, or both,
72 as to any matters affecting the public health;
73 (h) pursuant to county ordinance or interlocal agreement:
74 (i) establish and collect appropriate fees for the performance of services and operation
75 of authorized or required programs and duties;
76 (ii) accept, use, and administer all federal, state, or private donations or grants of funds,
77 property, services, or materials for public health purposes; and
78 (iii) make agreements not in conflict with state law which are conditional to receiving a
79 donation or grant;
80 (i) prepare, publish, and disseminate information necessary to inform and advise the
81 public concerning:
82 (i) the health and wellness of the population, specific hazards, and risk factors that may
83 adversely affect the health and wellness of the population; and
84 (ii) specific activities individuals and institutions can engage in to promote and protect
85 the health and wellness of the population;
86 (j) investigate the causes of morbidity and mortality;
87 (k) issue notices and orders necessary to carry out this part;
88 (l) conduct studies to identify injury problems, establish injury control systems,
89 develop standards for the correction and prevention of future occurrences, and provide public

90 information and instruction to special high risk groups;
91 (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules
92 within the jurisdiction of the boards;
93 (n) cooperate with the state health department, the Department of Corrections, the
94 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
95 Victim Reparations Board to conduct testing for HIV infection of convicted sexual offenders
96 and any victims of a sexual offense;
97 (o) investigate suspected bioterrorism and disease pursuant to Section 26-23b-108 ; and
98 (p) provide public health assistance in response to a national, state, or local emergency,
99 a public health emergency as defined in Section 26-23b-102 , or a declaration by the President
100 of the United States or other federal official requesting public health-related activities.
101 (2) The local health department shall:
102 (a) establish programs or measures to promote and protect the health and general
103 wellness of the people within the boundaries of the local health department;
104 (b) investigate infectious and other diseases of public health importance and implement
105 measures to control the causes of epidemic and communicable diseases and other conditions
106 significantly affecting the public health which may include involuntary testing of convicted
107 sexual offenders for the HIV infection pursuant to Section 76-5-502 and voluntary testing of
108 victims of sexual offenses for HIV infection pursuant to Section 76-5-503 ;
109 (c) cooperate with the department in matters pertaining to the public health and in the
110 administration of state health laws; and
111 (d) coordinate implementation of environmental programs to maximize efficient use of
112 resources by developing with the Department of Environmental Quality a Comprehensive
113 Environmental Service Delivery Plan which:
114 (i) recognizes that the Department of Environmental Quality and local health
115 departments are the foundation for providing environmental health programs in the state;
116 (ii) delineates the responsibilities of the department and each local health department
117 for the efficient delivery of environmental programs using federal, state, and local authorities,
118 responsibilities, and resources;
119 (iii) provides for the delegation of authority and pass through of funding to local health
120 departments for environmental programs, to the extent allowed by applicable law, identified in

121 the plan, and requested by the local health department; and
122 (iv) is reviewed and updated annually.
123 (3) The local health department has the following duties regarding public and private
124 schools within its boundaries:
125 (a) enforce all ordinances, standards, and regulations pertaining to the public health of
126 persons attending public and private schools;
127 (b) exclude from school attendance any person, including teachers, who is suffering
128 from any communicable or infectious disease, whether acute or chronic, if the person is likely
129 to convey the disease to those in attendance; and
130 (c) (i) make regular inspections of the health-related condition of all school buildings
131 and premises;
132 (ii) report the inspections on forms furnished by the department to those responsible for
133 the condition and provide instructions for correction of any conditions that impair or endanger
134 the health or life of those attending the schools; and
135 (iii) provide a copy of the report to the department at the time the report is made.
136 (4) If those responsible for the health-related condition of the school buildings and
137 premises do not carry out any instructions for corrections provided in a report in Subsection
138 (3)(c), the local health board shall cause the conditions to be corrected at the expense of the
139 persons responsible.
140 (5) The local health department may exercise incidental authority as necessary to carry
141 out the provisions and purposes of this part.
142 (6) Nothing in this part may be construed to authorize a local health department to
143 enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon
144 monoxide detector in a residential dwelling against anyone other than the occupant of the
145 dwelling.




Legislative Review Note
as of 2-16-09 12:41 PM

Office of Legislative Research and General Counsel