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S.B. 216
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PLACEMENT OF GROUP HOMES - LOCAL
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GOVERNMENT CONTROLS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: L. Alma Mansell
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AN ACT RELATING TO THE MUNICIPAL CODE AND COUNTIES; MODIFYING
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RESTRICTIONS THAT COUNTIES, CITIES, AND TOWNS MAY PLACE ON GROUP
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HOMES; AND MAKING TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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10-9-605, as last amended by Chapters 21 and 140, Laws of Utah 1999
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17-27-605, as last amended by Chapters 21 and 140, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-9-605
is amended to read:
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10-9-605. Residences for persons with a disability.
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(1) As used in this section:
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(a) "Disability" is defined in Section
57-21-2
.
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(b) "Residential facility for persons with a disability" means a residence:
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(i) used predominantly for residential purposes;
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(ii) in which any medical treatment is incidental to its use for residential purposes;
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[(i)] (iii) in which more than one person with a disability resides; and
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[(ii)] (iv) (A) is licensed or certified by the Department of Human Services under Title
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62A, Chapter 2, Licensure of Programs and Facilities; or
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(B) is licensed or certified by the Department of Health under Title 26, Chapter 21, Health
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Care Facility Licensing and Inspection Act.
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(2) Each municipality shall adopt an ordinance for residential facilities for persons with
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a disability. The ordinance:
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(a) shall comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
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Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.;
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(b) may [require], if consistent with Subsection (2)(a)[,]:
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(i) require residential facilities for persons with a disability to be reasonably dispersed
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throughout the municipality; and
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(ii) impose reasonable restrictions on:
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(A) the maximum number of occupants permitted to occupy a dwelling; and
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(B) the number of dwellings that may occupy a lot; and
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(c) shall provide that a residential facility for persons with a disability:
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(i) is a permitted use in any zoning area where residential dwellings are allowed; and
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(ii) may [only] be required to obtain permits that verify compliance with the building,
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safety, and health regulations that are applicable to similar structures.
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(3) The responsibility to license programs or entities that operate facilities for persons with
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a disability, as well as to require and monitor the provision of adequate services to persons residing
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in those facilities, shall rest with:
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(a) for programs or entities licensed or certified by the Department of Human Services, the
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Department of Human Services as provided in Title 62A, Chapter 5, Services to People with
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Disabilities; and
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(b) for programs or entities licensed or certified by the Department of Health, the
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Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection
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Act.
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Section 2.
Section
17-27-605
is amended to read:
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17-27-605. Residences for persons with a disability.
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(1) As used in this section:
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(a) "Disability" is defined in Section
57-21-2
.
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(b) "Residential facility for persons with a disability" means a residence:
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(i) used predominantly for residential purposes;
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(ii) in which any medical treatment is incidental to its use for residential purposes;
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[(i)] (iii) in which more than one person with a disability resides; and
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[(ii)] (iv) (A) is licensed or certified by the Department of Human Services under Title
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62A, Chapter 2, Licensure of Programs and Facilities; or
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(B) is licensed or certified by the Department of Health under Title 26, Chapter 21, Health
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Care Facility Licensing and Inspection Act.
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(2) Each county shall adopt an ordinance for residential facilities for persons with a
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disability. The ordinance:
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(a) shall comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
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Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.;
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(b) may [require], if consistent with Subsection (2)(a)[,]:
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(i) require residential facilities for persons with a disability to be reasonably dispersed
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throughout the county; and
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(ii) impose reasonable restrictions on:
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(A) the maximum number of occupants permitted to occupy a dwelling; and
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(B) the number of dwellings that may occupy a lot; and
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(c) shall provide that a residential facility for persons with a disability:
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(i) is a permitted use in any zoning area where residential dwellings are allowed; and
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(ii) may [only] be required to obtain permits that verify compliance with the building,
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safety, and health regulations that are applicable to similar structures.
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(3) The responsibility to license programs or entities that operate facilities for persons with
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a disability, as well as to require and monitor the provision of adequate services to persons residing
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in those facilities, shall rest with:
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(a) for programs or entities licensed or certified by the Department of Human Services, the
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Department of Human Services as provided in Title 62A, Chapter 5, Services to People with
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Disabilities; and
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(b) for programs or entities licensed or certified by the Department of Health, the
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Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection
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Act.
Legislative Review Note
as of 2-3-00 4:16 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.