DAR File No. 38053

This rule was published in the November 1, 2013, issue (Vol. 2013, No. 21) of the Utah State Bulletin.


Transportation, Preconstruction

Rule R930-1

Intallation of New Mailboxes and Correction of Nonconforming Mailboxes

Notice of Proposed Rule

(Repeal)

DAR File No.: 38053
Filed: 10/10/2013 08:56:06 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed because its provisions will be included in the proposed repeal and reenactment of Rule R930-6, Access Management. (DAR NOTE: The proposed repeal and reenactment of Rule R930-6 is under DAR No. 38052 in this issue, November 1, 2013, of the Bulletin.)

Summary of the rule or change:

This rule is being repealed in its entirety and its provisions added to Rule R930-6.

State statutory or constitutional authorization for this rule:

  • Section 72-3-102

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because the provisions of this rule are being moved to Rule R930-6.

local governments:

There is no anticipated cost or savings to local government because the provisions of this rule are being moved to Rule R930-6.

small businesses:

There is no anticipated cost or savings to small businesses because the provisions of this rule are being moved to Rule R930-6.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the provisions of this rule are being moved to Rule R930-6.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because the provisions of this rule are being moved to Rule R930-6.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no anticipated fiscal impacts on businesses because the provisions of this rule are being moved to Rule R930-6.

Carlos Braceras, Executive Director

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

Transportation
Preconstruction
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

  • Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/02/2013

This rule may become effective on:

12/09/2013

Authorized by:

Carlos Braceras, Executive Director

RULE TEXT

R930. Transportation, Preconstruction.

[R930-1. Installation of New Mailboxes and Correction of Nonconforming Mailboxes.

R930-1-1. Authority.

(1) This rule is allowed under Utah Code Ann. Section 72-7-102.

 

R930-1-2. Definitions.

(1) "State Highway" in this rule is defined in Utah Code Ann. Section 72-3-102.

(2) "Mailbox" means a box, approved by the United State Postal Service, at or near a dwelling or building which holds the occupants' mail.

 

R930-1-3. Purpose.

(1) The purpose of this rule is to provide:

(a) a procedure for installation of new mailboxes;

(b) for the correction of nonconforming mailboxes.

 

R930-1-4. When Mailboxes are on Highway Right of Way.

(1) All new mailboxes placed on State highways shall be constructed by the owner in conformance with current standards and regulations of the Utah Department of Transportation and United States Postal Service.

(2) Existing mailboxes which do not conform to this rule shall be removed or altered by the owner to conform to the standards of this rule.

(3) The following provisions shall govern installation of new mailboxes and correction of nonconforming mailboxes:

(a) Mailbox supports that are deemed nonconforming and hazardous by the Utah Department of Transportation region director shall be reconstructed and replaced at the owner's expense. The following criteria shall be used to determine nonconformity:

(i) Mailbox supports of wood with over 25 square inches (16,000 square millimeters) cross sectional area;

(ii) Mailbox supports of metal shapes, if the supports are over 3.5 inches (89 millimeters) in greatest dimension or on pipe of over two inches (50 millimeters) diameter.

(b) Mailboxes and supports which are improperly located, in poor repair, and detract from the appearance of the highway, or if any part of the mailbox is closer than the shoulder of the road or over 50 inches (1.25 meters) high, shall be considered as nonconforming and shall be reconstructed or replaced at the owner's expense.

(c) All new mailboxes placed on State highways shall be constructed in conformance with Standard Drawings 725-1 and 725-1A of the Utah Department of Transportation's Standard Drawings for Road and Bridge Construction, which is hereby adopted and incorporated by reference.

(d) The Utah Department of Transportation's region permits officer shall:

(i) keep mailbox owners informed of current standards and regulations for mailbox installations on State highways;

(ii) conduct field checks of mailbox installations to insure compliance with standards and regulations;

(iii) notify the owner in writing of any nonconforming mailbox installation, which writing shall require the owner to correct any deficiencies within 30 days of receipt of the writing;

(iv) if owner fails to comply with the notice, removes the mailbox and delivers it onto the property of the owner.

 

KEY: postal service

Date of Enactment or Last Substantive Amendment: 1987

Notice of Continuation: November 1, 2011

Authorizing, and Implemented or Interpreted Law: 72-3-102; 72-3-102]

 


Additional Information

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For questions regarding the content or application of this rule, please contact Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [email protected].