DAR File No. 42937

Health, Family Health and Preparedness, Licensing

Section R432-6-16

Parking

Notice of Proposed Rule

(Amendment)

DAR File No.: 42937
Filed: 05/25/2018 11:29:01 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of these amendments are to allow several different options for disabled parking requirements for assisted living facilities. The Health Facility Committee reviewed and approved these rule amendments on 02/14/2018.

Summary of the rule or change:

These rule amendments allow several different options for disabled parking requirements for health care facilities.

Statutory or constitutional authorization for this rule:

• Title 26, Chapter 21

Anticipated cost or savings to:

the state budget:

The state government assisted living facility licensing process was thoroughly reviewed. These proposed rule amendments should not change how many total assisted living facilities may be licensed in Utah, therefore, these proposed rule changes are not expected to impact state revenues or expenditures.

local governments:

Local government city business licensing requirements were considered. These proposed rule amendments should not change how many assisted living facilities can be licensed in Utah, therefore, these proposed rule changes are not expected to impact local government revenues or expenditures.

small businesses:

After conducting a thorough analysis, it was determined that these rule amendments could lead to benefits for small business assisted living facilities as it may provide greater flexibility for the placement of disabled parking spaces, however, with all the variables this is an inestimable benefit.

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

These rule amendments could lead to benefits for assisted living facilities as it may provide greater flexibility for the placement of disabled parking spaces, however, with all the variables this is an inestimable benefit.

Compliance costs for affected persons:

After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to affected persons because these amendments decrease compliance rules and therefore would not add cost.

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

After conducting a thorough analysis, it was determined that these proposed rule changes 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
Family Health and Preparedness, Licensing
3760 S HIGHLAND DR
SALT LAKE CITY, UT 84106

Direct questions regarding this rule to:

• Joel Hoffman at the above address, by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov
• Carmen Richins at the above address, by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@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:

07/16/2018

This rule may become effective on:

07/23/2018

Authorized by:

Joseph Miner, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
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 State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These rule amendments could lead to benefit for assisted living facilities as it may provide greater flexibility for the placement of disabled parking spaces, however, with all the variables this is an inestimable benefit.

 

The Department of Health's Executive Director Joseph K. Miner, MD, has reviewed and approved this fiscal analysis.

 

 

R432. Health, Family Health and Preparedness, Licensing.

R432-6. Assisted Living Facility General Construction.

R432-6-16. Parking.

(1) Parking requirements must comply with local zoning ordinances.

(2) Parking spaces for persons with disabilities shall be as level as practical and conform to requirements for disabled parking access as required by ADA/ABA-AG.

(a) The extra width required for disabled parking may be used as part of a common walkway.

(b) Parking spaces for[the] disabled persons shall be directly accessible to the facility without requiring the disabled person to;

(i) go behind parked cars; or

(ii) cross vehicle traffic lanes, unless the accessible route is clearly marked, and with signage to designate a crossing zone.

 

KEY: health care facilities

Date of Enactment or Last Substantive Amendment: [February 21, 2012]2018

Notice of Continuation: January 29, 2018

Authorizing, and Implemented or Interpreted Law: 26-21-5; 26-21-16