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7 LONG TITLE
8 General Description:
9 This bill repeals provisions relating to the enforcement of carbon monoxide detector
10 requirements.
11 Highlighted Provisions:
12 This bill:
13 ▸ repeals sections that prohibit a county or municipality from enforcing an ordinance,
14 rule, or regulation that requires the installation or maintenance of a carbon
15 monoxide detector in a residential dwelling against anyone other than the occupant
16 of the dwelling, subject to an exception for new construction; and
17 ▸ repeals a provision that states that local health department authority does not
18 include the authority to enforce an ordinance, rule, or regulation that requires the
19 installation or maintenance of a carbon monoxide detector in a residential dwelling
20 against anyone other than the occupant of the dwelling.
21 Money 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 2011, Chapters 14 and 177
28 REPEALS:
29 10-8-53.5, as enacted by Laws of Utah 2009, Chapter 304
30 17-50-327, as enacted by Laws of Utah 2009, Chapter 304
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 26A-1-114 is amended to read:
34 26A-1-114. Powers and duties of departments.
35 (1) A local health department may:
36 (a) subject to the provisions in Section 26A-1-108, enforce state laws, local ordinances,
37 department rules, and local health department standards and regulations relating to public
38 health and sanitation, including the plumbing code administered by the Division of
39 Occupational and Professional Licensing under Title 15A, Chapter 1, Part 2, State Construction
40 Code Administration Act, and under Title 26, Chapter 15a, Food Safety Manager Certification
41 Act, in all incorporated and unincorporated areas served by the local health department;
42 (b) establish, maintain, and enforce isolation and quarantine, and exercise physical
43 control over property and over individuals as the local health department finds necessary for
44 the protection of the public health;
45 (c) establish and maintain medical, environmental, occupational, and other laboratory
46 services considered necessary or proper for the protection of the public health;
47 (d) establish and operate reasonable health programs or measures not in conflict with
48 state law which:
49 (i) are necessary or desirable for the promotion or protection of the public health and
50 the control of disease; or
51 (ii) may be necessary to ameliorate the major risk factors associated with the major
52 causes of injury, sickness, death, and disability in the state;
53 (e) close theaters, schools, and other public places and prohibit gatherings of people
54 when necessary to protect the public health;
55 (f) abate nuisances or eliminate sources of filth and infectious and communicable
56 diseases affecting the public health and bill the owner or other person in charge of the premises
57 upon which this nuisance occurs for the cost of abatement;
58 (g) make necessary sanitary and health investigations and inspections on its own
59 initiative or in cooperation with the Department of Health or Environmental Quality, or both,
60 as to any matters affecting the public health;
61 (h) pursuant to county ordinance or interlocal agreement:
62 (i) establish and collect appropriate fees for the performance of services and operation
63 of authorized or required programs and duties;
64 (ii) accept, use, and administer all federal, state, or private donations or grants of funds,
65 property, services, or materials for public health purposes; and
66 (iii) make agreements not in conflict with state law which are conditional to receiving a
67 donation or grant;
68 (i) prepare, publish, and disseminate information necessary to inform and advise the
69 public concerning:
70 (i) the health and wellness of the population, specific hazards, and risk factors that may
71 adversely affect the health and wellness of the population; and
72 (ii) specific activities individuals and institutions can engage in to promote and protect
73 the health and wellness of the population;
74 (j) investigate the causes of morbidity and mortality;
75 (k) issue notices and orders necessary to carry out this part;
76 (l) conduct studies to identify injury problems, establish injury control systems,
77 develop standards for the correction and prevention of future occurrences, and provide public
78 information and instruction to special high risk groups;
79 (m) cooperate with boards created under Section 19-1-106 to enforce laws and rules
80 within the jurisdiction of the boards;
81 (n) cooperate with the state health department, the Department of Corrections, the
82 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
83 Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
84 convicted sexual offenders, and any victims of a sexual offense;
85 (o) investigate suspected bioterrorism and disease pursuant to Section 26-23b-108; and
86 (p) provide public health assistance in response to a national, state, or local emergency,
87 a public health emergency as defined in Section 26-23b-102, or a declaration by the President
88 of the United States or other federal official requesting public health-related activities.
89 (2) The local health department shall:
90 (a) establish programs or measures to promote and protect the health and general
91 wellness of the people within the boundaries of the local health department;
92 (b) investigate infectious and other diseases of public health importance and implement
93 measures to control the causes of epidemic and communicable diseases and other conditions
94 significantly affecting the public health which may include involuntary testing of alleged sexual
95 offenders for the HIV infection pursuant to Section 76-5-502 and voluntary testing of victims
96 of sexual offenses for HIV infection pursuant to Section 76-5-503;
97 (c) cooperate with the department in matters pertaining to the public health and in the
98 administration of state health laws; and
99 (d) coordinate implementation of environmental programs to maximize efficient use of
100 resources by developing with the Department of Environmental Quality a Comprehensive
101 Environmental Service Delivery Plan which:
102 (i) recognizes that the Department of Environmental Quality and local health
103 departments are the foundation for providing environmental health programs in the state;
104 (ii) delineates the responsibilities of the department and each local health department
105 for the efficient delivery of environmental programs using federal, state, and local authorities,
106 responsibilities, and resources;
107 (iii) provides for the delegation of authority and pass through of funding to local health
108 departments for environmental programs, to the extent allowed by applicable law, identified in
109 the plan, and requested by the local health department; and
110 (iv) is reviewed and updated annually.
111 (3) The local health department has the following duties regarding public and private
112 schools within its boundaries:
113 (a) enforce all ordinances, standards, and regulations pertaining to the public health of
114 persons attending public and private schools;
115 (b) exclude from school attendance any person, including teachers, who is suffering
116 from any communicable or infectious disease, whether acute or chronic, if the person is likely
117 to convey the disease to those in attendance; and
118 (c) (i) make regular inspections of the health-related condition of all school buildings
119 and premises;
120 (ii) report the inspections on forms furnished by the department to those responsible for
121 the condition and provide instructions for correction of any conditions that impair or endanger
122 the health or life of those attending the schools; and
123 (iii) provide a copy of the report to the department at the time the report is made.
124 (4) If those responsible for the health-related condition of the school buildings and
125 premises do not carry out any instructions for corrections provided in a report in Subsection
126 (3)(c), the local health board shall cause the conditions to be corrected at the expense of the
127 persons responsible.
128 (5) The local health department may exercise incidental authority as necessary to carry
129 out the provisions and purposes of this part.
130 [
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134 Section 2. Repealer.
135 This bill repeals:
136 Section 10-8-53.5, Regulation of carbon monoxide detectors -- Enforcement against
137 occupant only.
138 Section 17-50-327, Regulation of carbon monoxide detectors -- Enforcement
139 against occupant only.
Legislative Review Note
Office of Legislative Research and General Counsel