DAR File No. 41367

Health, Disease Control and Prevention, Environmental Services

Rule R392-502

Hotel, Motel, and Resort Sanitation

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 41367
Filed: 03/15/2017 01:16:26 PM

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:

Rule R392-502 is authorized under Section 26-1-5 and Subsections 26-1-30(23)(e) and 26-15-2(11). Section 26-1-5 gives the department rulemaking authority to carry out the provisions of Title 26. Subsection 26-15-2(11) authorizes the Department to adopt rules and enforce minimum sanitary standards for the operation and maintenance of hotels and motels. Subsection 26-1-30(23)(e) establishes powers and duties of the Department to adopt rules and enforce minimum sanitary standards for the operation and maintenance of hotels.

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 Department sought comments from the local health departments in Utah, as well as the Utah Hotel and Lodging Association. No comments were received in opposition to a continuation of Rule R392-502. A few individuals from the local health departments provided comments to propose a revision of select regulatory requirements as summarized as follows: Summit County Health Department said the rule should specify laundry wash water temperature and duration; and require hotel managers to notify the local health department when there is a disruption in public water availability. Southwest Utah Health Department said to include requirements in the rule for proper pest control practices once a pest infestation has been identified. Central Utah Public Health Department said to make reference to the Utah Indoor Clean Air Act regarding smoking in public areas and non-smoking rooms and include a provision for the local health department to request building construction plans/drawings to ensure compliance with the rule.

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

Continuation of Rule R392-502 is recommended by the Department. This rule is required by statute and establishes a minimum set of sanitation, maintenance, and operation standards that a hotel, motel, or resort can meet to protect the health and safety of patrons, to control infestations of insects and rodents, and to ensure that rooms and bedding are maintained in a clean and sanitary condition.

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

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Chris Nelson at the above address, by phone at 801-538-6739, by FAX at , or by Internet E-mail at chrisnelson@utah.gov

Effective:

03/15/2017

Authorized by:

Joseph Miner, Executive Director