Health, Disease Control and Prevention, Environmental Services

Rule R392-200

Design, Construction, Operation, Sanitation, and Safety of Schools

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35710
Filed: 01/20/2012 10:21:57 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Section 26-15-2 which authorizes the Department to adopt rules and enforce minimum sanitary standards for the operation and maintenance of schools.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Bureau of Epidemiology has not received any written comments opposing the rule, but CLEHA, the organization comprised of local Environmental Health Directors has given UDOH their support of continuation of the rule. An ongoing committee (the School Advisory Committee) composed of local regulators and school district personnel has met to discuss school sanitation issues, and has made recommendations to the Department to amend the rule. Additionally, UDOH has worked with the State Office of Education as a partner to submit proposed changes to the rule. Some of the most significant issues under review include emphasis on the requirement of local health department approval of plans before building or remodeling of schools commence, the addition of diaper changing requirements, and a revision of the safe room temperature levels schools should maintain. The requirement of the installation of "juvenile" toilets in new or remodeled schools has been discussed, as well as a requirement of a minimum of two privacy showers in new or remodeled schools. Other issues discussed include illumination requirements, playground equipment maintenance, and inspection frequency. A revision of this rule is in the review process.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is a very important aspect of public health and safety protection for school age children statewide. Additionally, the Department of Health is required by statute to establish minimum sanitation standards for schools. This rule is the sanitation rule established by the Department and enforced by the local health departments. Proper sanitation regulation of public schools is an important part of protecting public health and a key aspect in reducing adverse health risks of children attending school in the state. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at rmarsden@utah.gov

Authorized by:

David Patton, Executive Director

Effective:

01/20/2012