DAR File No. 42731

This rule was published in the April 15, 2018, issue (Vol. 2018, No. 8) of the Utah State Bulletin.


Health, Disease Control and Prevention, Environmental Services

Rule R392-402

Mobile Home Park Sanitation

Notice of Proposed Rule

(Repeal and Reenact)

DAR File No.: 42731
Filed: 03/29/2018 01:08:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes to Rule R392-402 simplify the rule, remove outdated language and redundancies, and provide technical and conforming changes in accordance with the Rulewriting Manual for Utah.

Summary of the rule or change:

The changes to Rule R392-402 provide technical and conforming changes throughout the rule and remove unnecessary and repetitive language. Section R392-402-1 is a new section added to specify the statute under which this rule is authorized, and to explain the purpose of the rule. Section R392-402-2 is a new section added to describe individuals and groups to whom this rule applies, and to specify exclusions to such. In Section R392-402-3, added definitions for: local health department, local health officer, nuisance, occupant, operator, pest, Plumbing Code, plumbing fixture, premises, sanitary, vector, and vermin. Also, modified the definitions for: mobile home, mobile home park, and service building, and removed the definition for Director. In Section R392-402-4, the Department has made nonsubstantive revisions including the rewording and restructuring of this section to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. Substantive changes include the addition of a provision, similar to a "grandfather clause", that specifies that a construction change is not required in any portion of a manufactured home community that was in compliance before this rule goes into effect. In Sections R392-402-5 and R392-402-6, the Department of Health (Department) has made nonsubstantive revisions including the rewording and restructuring of these sections to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-402-7, specified the operator's duty to supply provisions for hand washing and solid waste disposal. In Section R392-402-8, the Department has made nonsubstantive revisions including the rewording and restructuring of this sections to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-402-9, the Department has made a reference to Rule R392-100 for any food services provided by the operator for manufactured home community occupants. In Section R392-402-10, the Department has made nonsubstantive revisions including the rewording and restructuring of this section to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. In Section R392-402-11, the Department has made nonsubstantive revisions including the rewording and restructuring of this section to simplify the language and to clarify the intent to align more closely with the authorizing statute and the Rulewriting Manual for Utah. Section R392-402-12 is a new section that specifies the application of an authority granted a local health officer in Utah Title 26A. Section R392-402-13 is a new section that specifies the application of an authority granted to a local health officer in Utah Title 26A.

Statutory or constitutional authorization for this rule:

  • Section 26-1-5
  • Subsection 26-1-30(23)
  • Section 26-15-2
  • Subsection 26-1-30(9)
  • Section 26-7-1

Anticipated cost or savings to:

the state budget:

Repealing and reenacting Rule R392-402 will not result in a cost or benefit to the state budget.

local governments:

Repealing and reenacting Rule R392-402 will not result in a cost or benefit to local governments.

small businesses:

Repealing and reenacting Rule R392-402 will likely not result in a cost or benefit to small businesses. There are 71 small manufactured home businesses operating in the state under the NAICS code of 531190. The proposed reenacted rule does not require a construction change to any portion of a manufactured home community that was in compliance with the law in effect at the time the RV park was constructed. In addition, the proposed reenacted rule does not include fees such as inspection fees, or permit fees. Repealing and reenacting Rule R392-402 may result in an inestimable fiscal cost if, after the adoption of this rule, a business constructs a manufactured home community that allows community occupants to dwell in vehicles, manufactured homes, or temporary dwellings not provided with toilet, sink and bathing plumbing fixtures. The full impact to a business cannot be estimated, as the necessary data is unavailable because manufactured home community location, layout, number of spaces, water and wastewater accessibility, and operation and maintenance needs have not yet been considered by the business.

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

Repealing and reenacting Rule R392-402 will likely not result in a cost or benefit to persons other than small businesses, businesses, or local government entities because the proposed reenacted rule does not require a construction change to any portion of a manufactured home community that was in compliance with the law in effect at the time the RV park was constructed. In addition, the proposed reenacted rule does not include fees such inspection fees, or permit fees.

Compliance costs for affected persons:

Affected persons may include newly constructed small and non-small manufactured home community businesses.

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

This rule was last revised in 1987. It has been updated and simplified at the request of the local health departments. There are four new sections: Section R392-402-1 sets out authority and purpose; Section R392-402-2 describes individuals and groups governed by this section; Section R392-402-12 sets out authority of a local health office to conduct inspections and investigations in accordance with the Utah Code; and Section R392-402-13 sets out the authority of a local health officer to close a manufactured home community or site in accordance with the Utah Code. After conducting a thorough analysis, it was determined that the proposed reenacted rule will not result in a fiscal impact to businesses.

Joseph K. Miner, MD, Executive Director

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

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:

05/15/2018

This rule may become effective on:

05/22/2018

Authorized by:

Joseph Miner, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0





Fiscal Benefits




State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0





Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are no non-small businesses in the industry in question (NAICS 531190) in Utah. Repealing and reenacting Rule R392-402 will not result in a cost or benefit to non-small businesses.

 

 

R392. Health, Disease Control and Prevention, Environmental Services.

[R392-402. Mobile Home Park Sanitation.

R392-402-1. Definitions.

Director - shall mean the Executive Director of the Utah Department of Health.

Mobile Home - shall mean a factory assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit(s) without a permanent foundation*. A modular home transported on wheels to its foundation shall not be considered a mobile home.

Mobile Home Park - shall mean a parcel (or contiguous parcels) of land which has been so designed and improved that it contains three or more mobile home lots available to the general public for the placement thereon of mobile homes for occupancy.

Service Building** - shall mean a building housing toilets, lavatories, bathing facilities, a service sink, and may also include laundry and other accommodations as may be required. Comfort of the occupant is provided for by adequate heating, lighting and ventilation.

Wastewater - shall mean discharges from all plumbing facilities, such as rest rooms, kitchen and laundry fixtures either separately or in combination.

*The phrase "without a permanent foundation" indicates that the mobile support system is maintained with the intent that the unit may be moved at the convenience of the owner.

**See Service Building.

 

R392-402-2. General.

2.1 It shall be the duty of each person operating a mobile home park in the State of Utah to carry out the provisions of these regulations. Such person should also have the duty of controlling the conduct of park occupants to this end, and shall make at least one daily inspection of the entire mobile home park for these purposes.

2.2 Severability - If any provision of this code, or its application to any person or circumstance is declared invalid, the application of such provision to other persons or circumstances, and the remainder of this code, shall not be affected thereby.

2.3 Mobile home park sites shall be designed and constructed to provide adequate surface drainage, and shall be isolated from any existing or potential health hazard or nuisance.

2.4 All applicable building, zoning, electrical, health, fire codes and all local ordinances shall be complied with.

 

R392-402-3. Water Supplies.

3.1 Potable water supply systems for use by mobile home park occupants shall meet the requirements of the State of Utah rules and regulations relating to public drinking water supplies.

3.2 In addition to the requirements of the rules and regulations relating to public drinking water supplies, the design of water system facilities shall be based on the suppliers engineer's estimates, but shall in no case be less than the following:

Source Capacity - 800 gallons per day per mobile home unit, peak daily flow.

Storage Volume - 400 gallons per mobile home unit, average daily flow.

Distribution System Capacity - Shall maintain a water system pressure in excess of 20 psi at all points in the distribution system during peak hourly flow conditions. Non-community systems in remote areas can be exempted from this requirement, on a case-by-case basis, if flow from the system is always unregulated and free-flowing. The peak hourly flow requirements shall meet or exceed those shown on Fig. 3.1.

Other exceptions to the above requirements may be permitted on a case-by-case basis as permitted by the State of Utah public drinking water rules.

3.2.1 The source and storage requirements as indicated above do not include water demands for outside use or fire protection. However, if the culinary system is intended to provide water for such uses, the water requirements indicated above must be appropriately increased. Special information on watering requirements (e.g. area of land to be irrigated) must be provided for Department of Health review.

3.3 Construction of a public drinking water supply system intended to serve occupants of any mobile home park shall not commence until plans prepared by a licensed professional registered engineer (in accordance with Title 58, Chapter 22, Professional Engineers, and Land Surveyors Licensing Act) have been submitted to and approved in writing by the Utah Department of Environmental Quality. Following construction, the system may not be placed in service until a final inspection is made by a representative of the Utah Department of Environmental Quality or local health department having jurisdiction.

3.3.1 All systems must be monitored in accordance with the State of Utah public drinking water rules and in cooperation with the local department having jurisdiction.

3.4 Any culinary system or portion thereof that is drained seasonally must be cleaned, flushed, and disinfected prior to use. Furthermore, a water sample of satisfactory bacteriologic quality, i.e. a sample showing not more than one coliform bacteria per 100 ml sample, must be obtained before being placed into service.

3.4.1 Systems operated on a seasonal basis may be required to sample for bacteriologic analysis at an accelerated frequency as determined by the Director or director of the local health department having jurisdiction.

3.5 In any mobile home park, the following requirements shall apply:

3.5.1 Water service lines shall be made available to each mobile home space in accordance with the requirements of the Utah Plumbing Code and as further required in the following sections.

3.5.2 Shut-off valves on water connections for individual mobile homes shall be of the inverted key pattern stop-and-waste type or an approved anti-siphon yard hydrant.

3.5.3 Water connections serving individual mobile homes shall be at least 4 inches above the surrounding surface and shall be separated at least 5 feet horizontally from the sewer riser for such mobile homes. Water and sewer lines serving mobile home connections shall be separated at least 10 feet horizontally. Water and sewer lines may be installed closer, provided the following is adhered to:

3.5.3.1 The bottom of the water service pipe, at all points, shall be at least 18 inches above the top of the wastewater drainage line at its highest point, and in no instance less than 24 inches horizontal separation.

3.5.3.2 The water service pipe shall be placed on an undisturbed shelf excavated at one side of the common trench.

3.5.3.3 The number of joints in the service pipes shall be kept to a minimum. Materials and joints of both the water and sewer pipe shall be of a strength and durability, and so installed to prevent leakage under adverse conditions.

 

R392-401-4. Wastewater.

4.1 All wastewater shall be discharged to a public sewer system where accessible and within 300 feet of the mobile home park property line.

4.2 Where connection to a public sewer is not available, wastewater shall be discharged into a wastewater disposal system meeting requirements of the State of Utah rules for waste disposal. Unless water usage rates are available, design shall be based on not less than 400 gallons per day per mobile home unit.

4.3 All plans for the construction or alteration of a wastewater disposal system shall initially be submitted to the local health department having jurisdiction. Where plan approval is required by law to be provided by the State Department of Environmental Quality, such plans will be forwarded by the local authority along with any appropriate comments. Construction or alteration of the disposal system shall not commence until the plans have been approved in writing by the appropriate health agency.

4.3.1 Sewer service shall be made available to each designated mobile home space in accordance with the State of Utah rules for waste disposal.

4.3.2 Sewer risers serving individual mobile homes shall be provided with tight covers when not in use.

4.3.3 A trap is prohibited between the sewer riser and sewer lateral.

4.3.4 The connection and connecting line between the mobile home drain outlet and the sewer riser shall be watertight and self-draining.

4.3.5 The rim of the sewer riser shall not extend more than 4 inches above adjacent ground surface elevations. Surface drainage shall be directed away from the sewer riser. (See also Section 3.5.3.)

 

R392-402-5. Plumbing, Service Building.

5.1 The minimum plumbing fixtures which shall be available to all park occupants are as follows:

 

TABLE


  
Plumbing Fixtures     Ratio of Plumbing Fixtures
                      Per Number of Park Occupants*

                      Males    Females

Water Closets         1:50     1:25
Urinals               1:50      --
Lavatories            1:50     1:50
Shower**              1:35     1:35

     *Or fraction thereof.  The number of park occupants shall
be calculated on the basis of 3.5 persons for each mobile home.
     **Showers are optional, but if provided shall comply with
the table.  Water system requirements under Section 3.2 may be
modified to compensate for the absence of showers upon approval
of the Director.

 

Service Building

5.2 In any mobile home park which accepts patrons with dependent recreational vehicles or tents, adequate service building facilities shall be provided and shall meet the following requirements:

5.2.1 They shall be located not less than 15 feet and not more than 500 feet from any living spaces served.

5.2.2 They shall be of permanent construction, and be provided with adequate light, heat and ventilation.

5.2.3 They shall be properly maintained and operated with interiors of smooth, moisture resistant materials, to permit frequent washing and cleaning.

5.2.4 They shall be adequately equipped with lavatories and with flush type toilet fixtures to serve all mobile home parking spaces not otherwise provided with such facilities.

5.3 All plumbing in mobile home parks shall comply with provisions of the Utah Plumbing Code, and applicable local plumbing codes. (This section does not apply to individual mobile homes per se.)

5.4 Plumbing fixtures which normally require water for their operation shall be supplied with adequate potable water supply under pressure.

 

R392-402-6. Operation and Maintenance.

6.1 All buildings, rooms and equipment in service buildings and the grounds surrounding them shall be maintained in a clean and operable condition.

6.2 All necessary means shall be employed to eliminate or control any infestations of insects and rodents within all parts of any mobile home park. This shall include adequate screening, skirting, or other approved control of outside openings in structures intended for occupancy or for food storage.

6.3 Whenever provisions are made for the accommodation of any recreational vehicles, such as travel trailers, camp trailers, truck campers or motor homes, in any mobile home park, such accommodations must conform to the requirements of R392-301.

 

R392-402-7. Solid Wastes.

7.1 Solid wastes, originating in any mobile home park, shall be stored in a sanitary manner in approved, watertight containers with lids, or the equivalent, approved by the local health department. The containers shall be conveniently located and the contents shall be disposed of in a manner approved by the state or local health department having jurisdiction.

 

R392-402-8. Swimming Pools.

8.1 Any swimming pool, wading pool or therapy pool made available to occupants of a mobile home park shall comply with R392-302 and with applicable local regulations.]

R392-402. M anufactured Home Community Sanitation.

R392-402-1. Authority and Purpose.

(1) This rule is authorized under Sections 26-1-5, 26-1-30(9) and (23), 26-7-1, and 26-15-2.

(2) This rule establishes minimum standards for the sanitation, operation, and maintenance of a manufactured home community, as defined by this rule, and provides for the prevention and control of health hazards associated with a manufactured home community that are likely to affect individuals dwelling therein including risk factors contributing to injury, sickness, death, and disability.

 

R392-402-2. Applicability.

This rule applies to any person who owns or operates a manufactured home community, unless specifically exempted by this rule. This rule applies to the repair, maintenance, use, operation, and occupancy of manufactured home communities designed, intended for use, or otherwise used for human habitation.

 

R392-402-3. Definitions.

For the purposes of this rule, the following terms, phrases, and words shall have the meanings herein expressed:

(1) "Building Code" means International Building Code as incorporated and amended in Title 15A, State Construction and Fire Codes Act.

(2) "Clean" means the condition of being visibly free from dirt, soil, stain, leftover food particles, or other materials or substances not intended to be a part of the object in question.

(3) "Local Health Department" has the same meaning as provided in Section 26A-1-102(5).

(4) "Local health officer" means the health officer of the local health department having jurisdiction or their designated representative.

(5) "Manufactured home" means a factory assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its own running gear and designed to be used as a dwelling unit without a permanent foundation. A modular home transported on wheels to its foundation is not a manufactured home.

(6) "Manufactured home community" or "Community" means a parcel or contiguous parcels of land which has been so designed and improved that it contains three or more manufactured home lots available to the general public for the placement thereon of manufactured homes for occupancy.

(7) "Nuisance" means a condition or hazard, or the source thereof, which may be deleterious or detrimental to the health, safety, or welfare of the public.

(8) "Occupant" means any person living, sleeping, cooking, or eating in a manufactured home or having actual possession thereof whether as a tenant or owner-occupant.

(9) "Operator" means any person who owns, leases, manages or controls, or who has the duty to manage or control a manufactured home community.

(10) "Pest" means a noxious, destructive, or troublesome organism whether plant or animal, when found in and around places of human occupancy, habitation, or use which threatens the health or well-being of the public.

(11) "Plumbing Code" means International Plumbing Code as incorporated and amended in Title 15A, State Construction and Fire Codes Act.

(12) "Plumbing fixture" means a receptacle or device that is connected to the water supply system of the premises and demands a supply of water therefrom; discharges wastewater, liquid-borne waste materials, or sewage to the drainage system of the premises; or requires both a water supply connection and a discharge to the drainage system of the premises.

(13) "Premises" means any lot, parcel, or plot of land, including any buildings or structure.

(14) "Sanitary" means the condition of being free from infective, physically hurtful, diseased, poisonous, unwholesome, or otherwise unhealthful substances and being completely free from vermin, vectors, and pests and from the traces of either, and free of harborage for vermin, vectors, or pests.

(15) "Service building" means a building, buildings or room housing toilet, lavatory, bathing, laundry and other facilities, including service sinks, as may be required for the use of manufactured home community occupants.

(16) "Vector" means any organism, such as insects or rodents, that transmits a pathogen that can adversely affect public health.

(17) "Vermin" means rats, mice, cockroaches, bedbugs, flies, or any other pest or vector as determined by the local health officer to be harmful to the life, health, or welfare of the public.

(18) "Wastewater" means discharges from all plumbing facilities including rest rooms, kitchen, and laundry fixtures either separately or in combination.

 

R392-402-4. General.

(1) This rule does not require a construction change in any portion of a community if the community was in compliance with the law in effect at the time the community was constructed, except as in R392-402-4(1)(a).

(a) The local health officer may require construction changes if it is determined the community or portion thereof is dangerous, unsafe, unsanitary, a nuisance or menace to life, health, or property.

(2) The operator shall carry out the provisions of this rule.

(3) Severability - If any provision of this rule or its application to any person or circumstance is declared invalid, the application of such provision to other persons or circumstances, and the remainder of this rule, shall not be affected thereby.

(4) The operator shall comply with all applicable building, zoning, electrical, health, fire codes and all local ordinances.

(5) A manufactured home community operator or agent shall select or construct a location for the facility that will provide adequate surface drainage. The operator shall make a reasonable effort to locate the facility away from any existing public health hazard or nuisance.

(6) When an operator allows community occupants to dwell in vehicles or manufactured homes, or temporary dwellings not provided with toilet, sink and bathing plumbing fixtures, the operator shall construct and maintain a service building for occupant use according to the requirements of Section R392-402-7.

(7) Whenever provisions are made for the accommodation of any recreational vehicles, such as travel trailers, camp trailers, truck campers or motor homes, in a manufactured home community, such accommodations must conform to the requirements of Rule R392-301.

 

R392-402-5. Water Supply.

(1) Potable water supply systems for use by manufactured home community occupants shall be designed, installed, and operated according to the requirements set forth by:

(a) Plumbing Code;

(b) The Utah Department of Environmental Quality, Division of Drinking Water under Title R309; and

(c) Local health department regulations.

(2) The operator shall provide a potable water connection to each manufactured home space.

(a) Shut-off valves on water connections for individual manufactured homes shall be of the inverted key pattern stop-and-waste type or an approved anti-siphon yard hydrant.

(3) Plumbing fixtures that normally require water for their operation shall be supplied with adequate potable water supply under pressure.

(4) The operator shall provide hot and cold running water under pressure at each service building for showers or bath fixtures, hand sinks, and laundry facilities when provided.

(5) A manufactured home community in which spaces are set aside for vehicles, manufactured homes, or other temporary dwellings not provided with toilet, sink, and bathing plumbing fixtures, as in R392-402-4(6), shall be provided with a common-use, non-threaded water faucet or spigot that shall be accessible to community occupants.

 

R392-402-6. Wastewater.

(1) All wastewater shall be discharged to a public sanitary sewer system whenever practicable.

(a) Sewer systems for use by manufactured home community occupants shall be designed, installed, and operated according to the requirements set forth by:

(i) Plumbing Code;

(ii) The Utah Department of Environmental Quality, Division of Water Quality under Title R317;

(iii) local health department regulations; and

(iv) the local sewer district having jurisdiction.

(b) Where connection to a public sewer is not available, wastewater shall be discharged into an approved wastewater disposal system meeting the requirements of Title R317, Environmental Quality, Water Quality, and local health department regulations.

(c) The operator shall submit all required plans for the construction or alteration of a wastewater disposal system in accordance with Title R317 prior to commencing construction or alteration.

(2) Sewer service shall be made available to each designated manufactured home space and the operator shall design, install, operate, and maintain individual connections to the sewer system according to the requirements set by:

(a) Plumbing Code;

(b) the Utah Department of Environmental Quality, Division of Water Quality;

(c) local health department regulations; and

(d) the local sewer district having jurisdiction.

(3) The operator shall provide tight-fitting covers for all sewer risers not in use.

 

R392-402-7. Service Building Requirements.

(1) A manufactured home community in which spaces are set aside for vehicles, manufactured homes, or other temporary dwellings not provided with toilet, sink, and bathing plumbing fixtures, as in R392-402-4(6), shall be provided with a service building or buildings for the exclusive use of the occupants and employees of the manufactured home community.

(2) Except as provided in Subsection R392-402-7(2)(a)(i), separate toilet rooms within the service building shall be provided for each sex. These rooms shall be distinctly marked "for men" and "for women" by signs printed in English, or marked with easily understood pictures or symbols.

(a) Each service building shall have one toilet, one hand sink, and one bath fixture for each sex for each 15 sites set aside in Subsection R392-402-4(6), or fraction thereof.

(i) Where a toilet room will be occupied by no more than one person at a time, can be locked from the inside, and contains at least one toilet, separate toilet rooms for each sex need not be provided.

(ii) Urinals may be substituted for up to half of the required number of toilets for males, provided the urinal is installed in addition to a toilet at the same location.

(b) A service building shall be located not less than 15 feet and not more than 500 feet from any site set aside for vehicles, manufactured homes, or other temporary dwellings not provided with toilet, sink, and bathing plumbing fixtures, as in R392-402-4(6).

(3) Service buildings shall meet the following requirements:

(a) Each shall be of permanent construction, meeting the requirements of Building Code.

(b) Each shall be provided with adequate light and ventilation.

(c) Each shall be constructed of smooth, moisture resistant finish materials to withstand frequent washing and cleaning.

(d) Each shall be maintained in a clean and sanitary condition.

(4) The operator shall provide clean individual disposable towels near handwashing sinks. Alternate hand drying methods approved by the local health officer may be substituted for individual disposable towels.

(5) The operator shall provide soap and waste receptacles with lids in each service building.

(6) For each toilet room within a service building, the operator shall provide:

(a) toilet tissue in suitable dispensers; and

(b) at least one solid, easily cleanable, covered waste receptacle for the collection of solid waste; or

(c) at least one solid, easily cleanable, uncovered waste receptacle and a sanitary napkin receptacle.

(7) The operator shall provide water heating equipment capable of heating water to a minimum temperature of 110˚ F, and shall maintain such in proper operating condition.

(8) Each service building shall be provided with at least one service sink or utility sink.

(9) Approaches to any service building shall be free from obstruction.

(10) Sinks shall be located either in the same room as toilet fixtures or immediately adjacent to the toilet room or service building.

(11) Interior spaces intended for human occupancy shall be provided with active or passive space heating systems capable of maintaining an indoor temperature of not less than 68 degrees F at a point three feet above the floor.

 

R392-402-8. Operation and Maintenance.

(1) The operator shall maintain all common-use buildings, rooms, and equipment, including provided furnishings and equipment in manufactured home community areas, and the grounds surrounding them in a clean and operable condition, and free of litter and debris.

(2) Where necessary, the operator shall employ all reasonable means to eliminate or control infestations of vermin within all parts of any manufactured home community. This shall include approved screening or other approved control of outside openings in common-use buildings.

(3) The operator shall maintain interior roads and parking areas in a manner that prevents harborage for vermin or fugitive dust.

 

R392-402-9. Food Service.

When the operator provides food service for manufactured home community occupants, food service, storage, and preparation shall comply with the FDA Model Food Code as incorporated and amended in Rule R392-100 and local health department regulations.

 

R392-402-10. Solid Wastes.

(1) The operator shall provide adequate containers to prevent the accumulation of solid waste in the manufactured home community.

(2) Solid waste generated at a manufactured home community or picnic area shall be stored in a leak-proof, non-absorbent container, which shall be kept covered with a tight-fitting lid.

(3) All solid wastes shall be disposed with sufficient frequency and in such a manner as to prevent insect breeding, rodent harborage, or a public health nuisance.

 

R392-402-11. Swimming Pools.

The operator shall comply with Rule R392-302, Design, Construction, and Operation of Public Pools as well as other local health department regulations for all pools or spas made available to manufactured home community occupants or staff.

 

R392-402-12. Inspections and Investigations.

(1)(a) Upon presenting proper identification, the operator shall permit the local health officer to enter upon the premises of a manufactured home community to perform inspections, investigations, reviews, and other actions as necessary to ensure compliance with Rule R392-402.

(b) The local health officer may not enter an occupied manufactured home without the express permission of the occupant except when a warrant is issued to a duly authorized public safety officer which authorizes the local health officer to enter, or when the operator and the local health officer determine that there exists an imminent risk to the life, health, or safety of the occupant.

 

R392-402-13. Closing of Manufactured Home Communities or Sites.

(1) If a local health officer deems a manufactured home community, housing site, space, or portion thereof to be an imminent risk to the life, health, or safety of the public, the community, housing site, or space may be closed or its use may be restricted, as determined by the local health officer.

(2) The operator shall restrict public access to the impacted area of any manufactured home community, housing site, or space closed or restricted to use by a local health officer within a reasonable time as ordered by the local health officer.

(3) It shall be unlawful for an operator to allow the public to utilize any manufactured home community, housing unit, space, or portion thereof that has been deemed unfit for use until written approval of the local health officer is given.

 

KEY: public health, mobile homes , manufactured home community, manufactured homes

Date of Enactment or Last Substantive Amendment: [1987]2018

Notice of Continuation: November 8, 2016

Authorizing, and Implemented or Interpreted Law: 26-15-2; 26-1-30(9); 26-1-30(23); 26-7-1


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2018/b20180415.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Chris Nelson at the above address, by phone at 801-538-6739, by FAX at , or by Internet E-mail at chrisnelson@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.