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OFFICIAL NOTICES OF UTAH STATE GOVERNMENTFiled November 17, 1998, 12:00 a.m. through December 1, 1998, 11:59 p.m.

Number 98-24December 15, 1998

Kenneth A. Hansen, DirectorNancy L. Lancaster, Editor

The Utah State Bulletin (Bulletin) is the official noticing publication of the executive branch of UtahState Government. The Department of Administrative Services, Division of Administrative Rulesproduces the Bulletin under authority of Section 63-46a-10, Utah Code Annotated 1953.

Inquiries concerning administrative rules or other contents of the Bulletin may be addressed to theresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone (801) 538-3218, FAX (801) 538-1773. To view rules information, and on-line versionsof these publications, visit the division’s web site at: http://www.rules.state.ut.us/

The information in this Bulletin is summarized in the Utah State Digest (Digest). The Bulletin andDigest are printed and distributed semi-monthly by Legislative Printing. Annual subscription rates (24issues) are $150 for the Bulletin and $35 for the Digest. Inquiries concerning subscription, billing, orchanges of address should be addressed to:

LEGISLATIVE PRINTINGPO BOX 140107

SALT LAKE CITY, UT 84114-0107(801) 538-1103

FAX (801) 538-1728

ISSN 0882-4738

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UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 i

TABLE OF CONTENTS

1. SPECIAL NOTICES

Department of Health: Public Notice - Nursing Facility Reimbursem*nt Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Department of Commerce, Occupational and Professional Licensing: Public Notice - 1999 Board/CommitteeMeeting Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

2. NOTICES OF PROPOSED RULES

Agriculture and FoodPlant Industry

No. 21701 (Amendment): R68-15. Quarantine Pertaining to Japanese Beetle, (Popillia Japonica) . . . . . . . . . . . 8

CommerceOccupational and Professional Licensing

No. 21716 (Amendment): R156-24a. Physical Therapist Practice Act Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Environmental QualityAir Quality

No. 21697 (Amendment): R307-12 (Changed to R307-205). Fugitive Emissions and Fugitive Dust . . . . . . . . . . 12

No. 21698 (New): R307-309. Davis, Salt Lake and Utah Counties, Ogden City and Any NonattainmentArea for PM10: Fugitive Emissions and Fugitive Dust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

No. 21727 (New): R307-343. Davis and Salt Lake Counties and Ozone Nonattainment Areas:Emissions Standards for Wood Furniture Manufacturing Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Radiation ControlNo. 21684 (Amendment): R313-12-3. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

No. 21685 (Amendment): R313-15-906. Procedures for Receiving and Opening Packages . . . . . . . . . . . . . . . . 32

No. 21686 (Amendment): R313-19. Requirements of General Applicability to Licensing ofRadioactive Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

No. 21682 (Amendment): R313-28. Use of X-rays in the Healing Arts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

HealthHealth Care Financing, Coverage and Reimbursem*nt Policy

No. 21687 (Amendment): R414-29. Client Review/Education and Restriction Policy . . . . . . . . . . . . . . . . . . . . . 50

Health Systems Improvement, Emergency Medical ServicesNo. 21693 (Amendment): R426-1. Ambulance Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

No. 21688 (Amendment): R426-2. Air Medical Service Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

No. 21694 (Amendment): R426-3. Utah Mobile Paramedic Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

No. 21695 (Amendment): R426-4. Emergency Medical Dispatcher Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

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TABLE OF CONTENTS

ii UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

Health Systems Improvement, Health Facility LicensureNo. 21700 (Amendment): R432-6. Assisted Living Facility General Construction . . . . . . . . . . . . . . . . . . . . . . . . 69

No. 21722 (Repeal and Reenact): R432-270. Assisted Living Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

Human ServicesRecovery Services

No. 21726 (Amendment): R527-378. Garnishment of Social Security Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . 90

InsuranceAdministration

No. 21723 (Repeal): R590-135. Accounting Records Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

No. 21724 (Repeal): R590-166. Home Protection Service Contract Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

No. 21725 (New): R590-170. Fiduciary and Trust Account Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95

Natural ResourcesWildlife Resources

No. 21717 (Amendment): R657-5. Taking Big Game . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96

No. 21719 (Amendment): R657-38. Dedicated Hunter Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

No. 21720 (Amendment): R657-42. Exchanges, Surrenders, Refunds and Reallocation of Licenses,Certificates of Registration and Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

No. 21721 (Amendment): R657-43. Landowner Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

Public SafetyFire Marshal

No. 21708 (Amendment): R710-1. Concerns Servicing Portable Fire Extinguishers . . . . . . . . . . . . . . . . . . . . . 112

No. 21709 (Amendment): R710-3. Assisted Living Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116

No. 21710 (Amendment): R710-4. Buildings Under the Jurisdiction of the State Fire Prevention Board . . . . . .117

No. 21712 (Amendment): R710-8. Day Care Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120

Workforce ServicesEmployment Development

No. 21705 (Amendment): R986-413. Program Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122

No. 21706 (Amendment): R986-419. Income Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124

No. 21707 (Amendment): R986-420. Maximum Allotments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

3. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION

Administrative ServicesFleet Operations, Surplus Property

No. 21683: R28-3. Utah State Agency for Surplus Property Adjudicative Proceedings . . . . . . . . . . . . . . . . . . . 127

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TABLE OF CONTENTS

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 iii

InsuranceAdministration

No. 21713: R590-161. Disability Income Policy Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127

No. 21714: R590-162. Actuarial Opinion and Memorandum Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128

No. 21715: R590-163. Filing Quarterly Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128

4. NOTICES OF RULE EFFECTIVE DATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130

5. RULES INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

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UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 1

SPECIAL NOTICES

DEPARTMENT OF HEALTH

PUBLIC NOTICENURSING FACILITY REIMBURsem*nT RATES

The Utah Medicaid Agency hereby gives public notice that the Nursing Facility Reimbursem*nt rates for the period beginningJuly 1, 1998, are, on the average, increased by the factor of 3%. This percentage is based on the inflation adjustment calculatedusing the methodology outlined in the Medicaid State Plan, plus an additional 1/2% factor, reflecting funds appropriated by theUtah State Legislature for special needs.

Written comments can be sent to the attention of Blaine Goff, and the public may review the proposed changes at: Division ofHealth Care Financing, Utah State Department of Health, 288 North 1460 West, Salt Lake City, Utah 84116-0580.

DEPARTMENT OF COMMERCEDIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING

PUBLIC NOTICE1999 BOARD/COMMITTEE MEETING SCHEDULE

NOTE: Meetings are subject to change - contact the Division at (801) 530-6628 to confirm meetings. Most meetings are heldin the Heber M. Wells Building, 160 East 300 South, Salt Lake City, Utah.

January 7 Security Services Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 8 Dentists and Dental Hygienists Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. 8 Plumbers Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 a.m.11 Psychology Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.12 Controlled Substance Database Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.12 Building Inspector Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.13 Hearing Instrument Specialist Licensing. Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.13 Physicians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.13 Professional Counselors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m.14 Social Work Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.14 Occupational Therapy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.15 Uniform Building Code Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.19 Professional Engineer/Professional Land Surveyor Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.19 Building Codes Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.20 Residence Lien Recovery Fund Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.20 CPA Quality Review Acceptance Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.20 Health Care Assistant Registration Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.21 Physician Assistant Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.21 Electricians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.26 Boxing Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.26 Pharmacy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.26 Employee Leasing Company Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m.27 Contractors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.27 Utah Board of Accountancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.28 Funeral Service/Preneed Funeral Arr. Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.29 Nursing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.

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SPECIAL NOTICES

2 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

February 2 Environmental Health Scientist Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 5 Dentists and Dental Hygienists Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. 8 Psychology Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m. 9 Radiology Technology Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 9 Utah Board of Massage Therapy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 9 Building Inspector Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.10 Physicians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.10 Professional Counselor Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m.11 Social Work Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.12 Plumbers Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 a.m.17 Residence Lien Recovery Fund Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.17 Health Care Assistant Registration Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.18 Physician Assistant Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.18 Deception Detection Examiners Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.18 Electricians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.19 Uniform Building Code Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.19 Architect Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.19 Architect IDP Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.19 Building Codes Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.23 Pharmacy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.24 Contractors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.24 Alarm System Security and Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.24 Utah Board of Accountancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.26 Nursing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.

March 1 Cosmetology/Barber Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 2 Landscape Architects Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 4 Security Services Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m 4 Veterinary Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 5 Dentists and Dental Hygienists Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. 9 Respiratory Care Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.10 Chiropractic Physician Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.10 Professional Counselor Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m.11 Social Work Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.12 Plumbers Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 a.m.15 Psychology Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.16 Professional Engineer/Professional Land Surveyor Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.16 Building Codes Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.16 Building Inspector Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.17 Residence Lien Recovery Fund Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.17 Health Care Assistant Registration Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.18 Physician Assistant Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.18 Electricians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.19 Uniform Building Code Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.23 Pharmacy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.24 Utah Board of Accountancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.26 Nursing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.31 Contractors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.

April 2 Dentists and Dental Hygienists Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. 7 Professional Counselors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m. 8 Social Work Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. 9 Plumbers Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 a.m.14 Physicians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.14 Hearing Instrument Specialist Licensing. Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.14 Recreational Therapy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.14 Psychology Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (9)

SPECIAL NOTICES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 3

15 Physician Assistant Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.15 Electricians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.16 Architect Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.16 Architect IDP Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.16 Uniform Building Code Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.16 Marriage/Family Therapy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.20 Physical Therapy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.20 Health Facility Administrators Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.20 Building Inspector Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.20 Building Codes Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.21 Residence Lien Recovery Fund Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.21 Health Care Assistant Registration Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.27 Pharmacy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.27 Employee Leasing Company Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m.28 Contractors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.28 Utah Board of Accountancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.29 Funeral Service/Preneed Funeral Arr. Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.30 Nursing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.

May 4 Optometrist Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 6 Security Services Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 7 Dentists and Dental Hygienists Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.11 Utah Board of Massage Therapy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.11 Controlled Substance Database Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.12 Physicians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.12 Dietitian Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.12 Professional Counselors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m.13 Social Work Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.14 Plumbers Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 a.m.14 Uniform Building Code Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.17 Psychology Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.18 Professional Engineer/Professional Land Surveyor Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.18 Building Inspector Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.18 Building Codes Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.19 Residence Lien Recovery Fund Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.19 Health Care Assistant Registration Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.20 Physician Assistant Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.20 CPA Quality Review Acceptance Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.20 Electricians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.21 Nursing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.25 Pharmacy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.26 Contractors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.26 Alarm System Security and Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.26 Utah Board of Accountancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.

June 3 Veterinary Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 4 Dentists and Dental Hygienists Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. 7 Cosmetology/Barber Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 8 Speech-Language Pathology/Audiology Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 9 Physicians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 9 Professional Counselors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m.10 Social Work Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.10 Chiropractic Physicians Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.10 Occupational Therapy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.11 Plumbers Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 a.m.15 Boxing Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.15 Building Inspector Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.15 Building Codes Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (10)

SPECIAL NOTICES

4 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

16 Residence Lien Recovery Fund Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.16 CPA Quality Review Acceptance Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.16 Health Care Assistant Registration Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.17 Physician Assistant Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.17 Electricians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.18 Architect Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.18 Architect IDP Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.18 Uniform Building Code Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.18 Nursing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.21 Psychology Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.22 Pharmacy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.23 Utah Board of Accountancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.30 Contractors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.

July 1 Security Services Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 2 Dentists and Dental Hygienists Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. 8 Social Work Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. 9 Plumbers Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 a.m.13 Environmental Health Scientist Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.14 Physicians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.14 Hearing Instrument Specialist Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.14 Professional Counselors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m.15 Electricians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.15 Physician Assistant Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.16 Uniform Building Code Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.16 Marriage/Family Therapy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.19 Psychology Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.20 Professional Engineer/Professional Land Surveyor Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.20 Building Inspector Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.20 Building Codes Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.21 Residence Lien Recovery Fund Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.21 CPA Quality Review Acceptance Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.21 Health Care Assistant Registration Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.27 Pharmacy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.27 Radiology Technology Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.27 Employee Leasing Company Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m.28 Contractors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.28 Utah Board of Accountancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.29 Funeral Service/Preneed Funeral Arr. Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.30 Nursing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.

August 3 Landscape Architects Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 6 Dentists and Dental Hygienists Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.10 Respiratory Care Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.10 Utah Board of Massage Therapy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.11 Physicians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.11 Professional Counselors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m.12 Social Work Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.13 Plumbers Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 a.m.16 Psychology Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.17 Building Inspector Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.17 Building Codes Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.18 Residence Lien Recovery Fund Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.18 CPA Quality Review Acceptance Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.18 Health Care Assistant Registration Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.19 Physician Assistant Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.19 Deception Detection Examiners Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.19 Electricians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (11)

SPECIAL NOTICES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 5

20 Uniform Building Code Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.20 Architect Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.20 Architect IDP Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.24 Pharmacy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.25 Contractors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.25 Alarm System Security and Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.25 Utah Board of Accountancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.27 Nursing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.

September 2 Security Services Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 2 Veterinary Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 3 Dentists and Dental Hygienists Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. 8 Physicians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 8 Professional Counselors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m. 9 Social Work Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. 9 Chiropractic Physician Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.10 Plumbers Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 a.m.13 Cosmetology/Barber Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.14 Physical Therapy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.15 Residence Lien Recovery Fund Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.15 CPA Quality Review Acceptance Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.15 Health Care Assistant Registration Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.16 Physician Assistant Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.16 Electricians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.17 Uniform Building Code Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.20 Psychology Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.21 Professional Engineer/Professional Land Surveyor Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.21 Building Inspector Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.21 Building Codes Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.22 Utah Board of Accountancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.24 Nursing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.28 Pharmacy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.29 Contractors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.

October 1 Dentists and Dental Hygienists Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. 6 Professional Counselors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m. 8 Plumbers Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 a.m.13 Physicians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.13 Hearing Instrument Specialist Licensing. Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.13 Controlled Substance Database Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.13 Psychology Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.14 Social Work Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.15 Uniform Building Code Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.15 Architect Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.15 Architect IDP Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.15 Marriage/Family Therapy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.16 Dietitian Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.19 Health Facility Administrators Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.19 Building Inspector Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.19 Building Codes Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.20 Residence Lien Recovery Fund Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.20 CPA Quality Review Acceptance Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.20 Health Care Assistant Registration Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.21 Physician Assistant Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.21 Electricians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.26 Pharmacy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.26 Employee Leasing Company Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m.

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (12)

SPECIAL NOTICES

6 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

27 Contractors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.27 Utah Board of Accountancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.28 Funeral Service/Preneed Funeral Arr. Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.29 Nursing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.

November 2 Recreational Therapy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 4 Security Services Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 5 Dentists and Dental Hygienists Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. 9 Utah Board of Massage Therapy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.10 Physicians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.10 Professional Counselor Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m.12 Plumbers Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 a.m.15 Uniform Building Code Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.15 Psychology Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.16 Professional Engineer/Professional Land Surveyor Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.16 Building Inspector Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.16 Building Codes Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.17 Residence Lien Recovery Fund Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.17 CPA Quality Review Acceptance Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.17 Health Care Assistant Registration Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.18 Physicians Assistant Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.18 Social Work Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.18 Electricians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.19 Nursing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.23 Pharmacy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.24 Contractors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.24 Alarm System Security and Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.24 Utah Board of Accountancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.

December 1 Optometrist Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 2 Veterinary Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 3 Dentists and Dental Hygienists Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. 3 Physical Therapy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 6 Cosmetology/Barber Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 7 Speech-Language Pathology/Audiology Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 8 Physicians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m. 8 Professional Counselors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a.m. 9 Social Work Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m. 9 Chiropractic Physicians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.10 Plumbers Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:30 a.m.15 Residence Lien Recovery Fund Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.15 CPA Quality Review Acceptance Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.15 Health Care Assistant Registration Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.16 Physician Assistant Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.16 Electricians Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.17 Uniform Building Code Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.17 Architect Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.17 Architect IDP Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.17 Nursing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.20 Psychology Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.21 Building Inspector Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m.21 Building Codes Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.22 Utah Board of Accountancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1:00 p.m.28 Pharmacy Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:00 a.m.29 Contractors Licensing Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8:00 a.m.

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UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 7

NOTICES OFPROPOSED RULES

A state agency may file a PROPOSED RULE when it determines the need for a new rule, a substantive change to anexisting rule, or a repeal of an existing rule. Filings received between November 17, 1998, 12:00 a.m., andDecember 1, 1998, 11:59 p.m., are included in this, the December 15, 1998, issue of the Utah State Bulletin.

In this publication, each PROPOSED RULE is preceded by a RULE ANALYSIS. This analysis provides summaryinformation about the PROPOSED RULE including the name of a contact person, anticipated cost impact of the rule,and legal cross-references.

Following the RULE ANALYSIS, the text of the PROPOSED RULE is usually printed. New rules or additions made toexisting rules are underlined (e.g., example). Deletions made to existing rules are struck out with bracketssurrounding them (e.g., [example]). Rules being repealed are completely struck out. A row of dots in the text (• •• • • •) indicates that unaffected text was removed to conserve space. If a PROPOSED RULE is too long to print, theDivision of Administrative Rules will include only the RULE ANALYSIS. A copy of rules that are too long to print isavailable from the filing agency or from the Division of Administrative Rules.

The law requires that an agency accept public comment on PROPOSED RULES published in this issue of the UtahState Bulletin until at least January 14, 1999. The agency may accept comment beyond this date and will list the lastday the agency will accept comment in the RULE ANALYSIS. The agency may also hold public hearings. Additionally,citizens or organizations may request the agency to hold a hearing on a specific PROPOSED RULE. Section 63-46a-5(1987) requires that a hearing request be received "in writing not more than 15 days after the publication date of thePROPOSED RULE."

From the end of the public comment period through April 14, 1999, the agency may notify the Division ofAdministrative Rules that it wants to make the PROPOSED RULE effective. The agency sets the effective date. Thedate may be no fewer than 31 days nor more than 120 days after the publication date of this issue of the Utah StateBulletin. Alternatively, the agency may file a CHANGE IN PROPOSED RULE in response to comments received. If theDivision of Administrative Rules does not receive a NOTICE OF EFFECTIVE DATE or a CHANGE IN PROPOSED RULE, thePROPOSED RULE filing lapses and the agency must start the process over.

The public, interest groups, and governmental agencies are invited to review and comment on PROPOSED RULES.Comment may be directed to the contact person identified on the RULE ANALYSIS for each rule.

PROPOSED RULES are governed by Utah Code Section 63-46a-4 (1996); and Utah Administrative Code Rule R15-2,and Sections R15-4-3, R15-4-4, R15-4-5, R15-4-9, and R15-4-10.

The Proposed Rules Begin on the Following Page.

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NOTICES OF PROPOSED RULES DAR File No. 21701

8 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

R68-15

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21701FILED: 11/25/1998, 09:53

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: This ruleis established to control the spread of Japanese Beetle withinthe State of Utah. This beetle, when in the larval state,attacks the roots of many plants and as an adult attacks theleaves and fruits of many plants.

SUMMARY OF THE RULE OR CHANGE: This amendment includesthe following states as areas under quarantine: Iowa,Kansas, and Nebraska. It also Reestablishes Section R68-15-5, "Restrictions," to more fully meet the needs for thisquarantine.

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Subsections 4-2-2(1)(j) and 4-2-2(1)(1)(ii)

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: No anticipated cost to stategovernment. The cost would be to the shipper if thequarantine is violated.ïLOCAL GOVERNMENTS: No anticipated cost to localgovernment. The cost would be to the shipper if thequarantine is violated.ïOTHER PERSONS: Cost would be to shipper if the quarantineis violated.COMPLIANCE COSTS FOR AFFECTED PERSONS: Noncompliancewith the quarantine provisions may result in Civil Penalties upto $5,000 per violation and/or revocation of nursery license.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: If there is a violation tothis quarantine there would be a cost to the owner, orowners, or their duly authorized agent for treatment ofdestruction of the infected plants. Noncompliance with thequarantine provisions may result in Civil Penalties up to$5,000 per violation and/or revocation of nursery license.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Agriculture and FoodPlant Industry350 North Redwood RoadPO Box 146500Salt Lake City, UT 84114-6500, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Dick Wilson at the above address, by phone at (801) 538-7180, by FAX at (801) 538-7126, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999; OR ATTENDING A PUBLICHEARING SCHEDULED FOR 01/07/1999, 10:00 a.m., 350 NorthRedwood Road, Salt Lake City, UT .

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: Cary G. Peterson, Commissioner

R68. Agriculture and Food, Plant Industry.R68-15. Quarantine Pertaining to Japanese Beetle, (PopilliaJaponica).

• • • • • • • • • • •

R68-15-3. Areas Under Quarantine.A. The following states have been placed under a general

quarantine to prohibit the entry of Japanese Beetle into Utahthrough the sale of plants and plant products: the entire states ofAlabama, Colorado, Connecticut, Delaware, Georgia, Illinois,Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts,Michigan, Minnesota, Missouri, Nebraska, New Hampshire, NewJersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania,Rhode Island, South Carolina, Tennessee, Texas, Vermont,Virginia, West Virginia, Wisconsin, and the District of Columbia.

B. The same general quarantine shall apply[ to products] fromthe following states in provinces of Canada:

1. In the Province of Ontario: Lincoln, Welland, andWentworth.

2. In the Province of Quebec: Missiquoi and St. Jean.C. Any areas not mentioned above which are subsequently

found to be infested with Japanese Beetle, shall also be placedunder this same general quarantine.

R68-15-4. Articles and Commodities Under Quarantine.A. The following are hereby declared to be hosts and possible

carriers of all stages of the Japanese beetle:1. Soil, humus, compost and manure (except when

commercially packaged and treated);2. All plants with roots (except bareroot plants free from soil).3. Grass Sod;4. Plant crowns or roots for propagation (except when free

from soil);5. Bulbs, corms, tubers, and rhizomes of ornamental plants

(except when free from soil);6. Any other plant, plant part, article, or means of conveyance

when it is determined by a Utah State Plant Quarantine Officer topresent a hazard of spreading live Japanese beetle due to infestationor exposure to infestation by Japanese beetle.

B. Soil - For the purpose of this quarantine, soil is defined asall growing media in which the plants are actually rooted. Packingmaterial other than soil, added to bareroot plants after harvesting

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DAR File No. 21701 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 9

would not normally pose a pest risk. Packing material would be and commodities under quarantine from noninfested counties willcovered under (6) above, at the inspector’s discretion. only be allowed entry into Utah if the noninfested county has been

C. Free From Soil - For the purposes of this quarantine, free placed on the approved list prior to the arrival of the shipment tofrom soil is defined as soil in amounts that could not contain Utah.concealed Japanese beetle larvae or pupae. 4. Privately owned house plants grown indoors may be

R68-15-5. Restrictions.[A. All articles and commodities under quarantine are covered are prohibited entry into Utah from the area under

prohibited entry into Utah from an area under quarantine or an area quarantine unless they have the required certification. Plants mayknown to be infested with the following exceptions: be shipped from the area under quarantine into Utah provided such

1. Certificate of Treatment. All of the articles and shipments conform to one of the options below and arecommodities covered are approved for entry into Utah when accompanied by a certificate issued by an authorized stateaccompanied by a certificate issued by an authorized state agricultural official at origin. Note that not all protocols approvedagricultural official at origin stating that the article or shipment was in the U.S. Domestic Japanese Beetle Harmonization Plan aretreated for Japanese beetle or grown in accordance with methods acceptable for Utah. Advance notification of regulated commodityand procedures approved and prescribed by the Commissioner of shipment is required. The certificate shall bear the name andthe Utah Department of Agriculture and Food. A Certificate of address of the shipper and receiver as well as theTreatment must include the date of treatment. Shipment of the inspection/certificate date and the signature of state agriculturalarticles or commodities must not take place sooner than ten (10) office. The certifying official shall mail, FAX or e-mail a copy ofdays after the date of treatment. the certificate to Director, Plant Industry Division, Utah Department

2. Certificate of Origin. Commercial plant shipments with soil of Agriculture and Food, 350 North Redwood Road, P.O. Boxmay be shipped from an area under quarantine into Utah provided 146500, Salt Lake City, Utah 84114-6500, FAX: (801) 538-7189,such shipments are accompanied by a certificate issued by an e-mail: [emailprotected]. The shipper shall notify theauthorized state agricultural official at origin. Such certificates receiver to hold such commodities for inspection by the Utahshall be used only if the shipment confirms fully with either (a), (b), Department of Agriculture and Food. The receiver must notify theor (c) below: Utah Department of Agriculture and Food of the arrival of

a. The greenhouse in which the plants were produced was commodities imported under the provisions of this quarantine andtightly constructed so that adult Japanese beetles would not gain must hold such commodities for inspection. Such certificates shallentry, the plants and greenhouses were inspected and found to be be issued only if the shipment conforms fully with (a), (b), (c), (d)free from all stages of Japanese beetle, and the plants and soil were or (e) below:protected from subsequent infestation while being stored, packed (a) Production in an Approved Japanese Beetle Freeand shipped; or Greenhouse/Screenhouse. All the following criteria apply: All

b. The plants were not produced in the regulated area, were media must be sterilized and free of soil; All stock must be free oftransported into the regulated area in a closed conveyance or closed soil (bareroot) before planting into the approved medium; Thecontainers and at all times thereafter were protected from becoming potted plants must be maintained within theinfested with Japanese beetle; or greenhouse/screenhouse during the entire adult flight period;

c. States or portions of states listed in the area under During the adult flight period the greenhouse/screenhouse must bequarantine may have counties that are not infested with Japanese made secure so that adult Japanese beetles cannot gain entry.beetle. Shipments of articles and commodities covered will be Security will be documented by the appropriate phytosanitaryaccepted from these noninfested counties if annual surveys are officials of the origin state department of agriculture and must bemade in such counties and the results of such surveys are negative specifically approved as a secure area. They shall be inspected byfor Japanese beetle. A list of counties so approved will be the same officials for the presence of all life stages of the Japanesemaintained by the Commissioner of the Utah Department of beetle; The plants and their growing medium must be appropriatelyAgriculture and Food. protected from subsequent infestation while being stored, packed

3. Agricultural officials of other states may recommend a and shipped; Certified greenhouse/screenhouse nursery stock maynoninfested county be placed on the approved county list by writing not be transported into or through any infested areas unless identityfor such approval and stating how the surveys were made giving the is preserved and adequate safeguards are applied to prevent possiblefollowing information: infestation; Each greenhouse/screenhouse operation must be

i. Area surveyed. approved by the phytosanitary officials as having met andii. How survey was carried out. maintained the above criteria, and issued an appropriate certificateiii. Personnel involved. bearing the following declaration: "The rooted plants (or crowns)iv. If county was previously infested, give date of last were produced in an approved Japanese beetle free greenhouse or

infestation. screenhouse." The certificate accompanying the shipment mustv. The recommendation for approval of such counties will be have the same statement as an additional declaration.

evaluated by the Division of Plant Industry, Utah Department of (b) Production During a Pest Free Window. The entire rootedAgriculture and Food. plant production cycle will be completed within a pest free window,

If heavy infestations occur in neighboring counties, approval in clean containers with sterilized and soilless growing medium,may be denied. To be maintained on approved list, each county i.e., planting, growth, harvest, and shipment will occur outside themust be reproved every twelve (12) months. Shipments of articles adult Japanese beetle flight period, June through October. The

inspected and approved for entry by Utah State Plant QuarantineOfficers if found free from Japanese beetle.]All commodities

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NOTICES OF PROPOSED RULES DAR File No. 21701

10 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

accompanying phytosanitary certificate shall bear the following (2) Bifenthrin (Talstar Nursery Granular or Talstar T and Oadditional declaration: "These plants were produced outside the Granular (0.2)). Mix at the rate of 25 ppm or one-third (0.33) of aJapanese beetle flight season." pound per cubic yard based on a potting media bulk density of 200.

(c) Applications of Approved Regulatory Treatments. All (3) Tefluthrin (Fireban 1.5 G). Mix at the rate of 25 ppmtreatments will be performed under direct supervision of a based on a potting media bulk density of 400.phytosanitary official of the origin state department of agriculture (D) Methyl Bromide Fumigation. Nursery stock: methylor under a compliance agreement thereof. Treatments and bromide fumigation at NAP, chamber or tarpaulin. See theprocedures under a compliance agreement will be monitored closely California Commodity Treatment Manual for authorized schedules.throughout the season. State phytosanitary certificates listing and (d) Detection Survey for Origin Certification. Japanese Beetleverifying the treatment used must be forwarded to the receiving Harmonization Plan protocol not approved. Alternative approvedstate via fax or electronic mail, as well as accompanying the protocol: States listed in the area under quarantine may haveshipment. Note that not all treatments approved in the U.S. counties that are not infested with Japanese beetle. Shipments ofDomestic Japanese Beetle Harmonization Plan are acceptable for commodities covered may be accepted from these noninfestedUtah. The phytosanitary certificate shall bear the following counties if annual surveys are made in such counties and adjacentadditional declaration: " The rooted plants were treated to control counties and the results of such surveys are negative for Japanese"Popillia japonica" according to the criteria for shipment to beetle. In addition, the plants must be greenhouse grown orcategory 1 states as provided in the U.S. Domestic Japanese Beetle contained in media that is sterilized and free of soil and the shippingHarmonization Plan." nursery must grow all their own stock from seed, unrooted cuttings

(A) Dip Treatment - B and B and Container Plants. Not or bareroot material. A list of counties so approved will beapproved. maintained by the Utah Department of Agriculture and Food.

(B) Drench Treatments - Container Plants Only. Not Agricultural officials from a quarantined state or province mayapproved for ornamental grasses or sedges. Potting media used recommend a noninfested county be placed on the approved countymust be sterile and soilless, containers must be clean. Field potted list by writing for such approval and stating how surveys wereplants are not eligible for certification using this protocol. This is conducted giving the following information:a prophylactic treatment protocol targeting eggs and early first (A) Areas surveyedinstar larvae. If the containers are exposed to a second flight season (B) How survey was carried outthey must be retreated. (C) Number of traps

(1) Imidacloprid (Marathon 60WP). Apply one-half (0.5) (D) Results of surveygram of active ingredient per gallon as a prophylactic treatment just (E) History of surveyprior to Japanese beetle adult flight season (June 1, or as otherwise If a county was previously infested, give date of lastdetermined by the phytosanitary official). Apply tank mix as a infestation. If infestations occur in neighboring counties, approvaldrench to wet the entire surface of the potting media. A twenty-four may be denied. To be maintained on the approved list, each county(24) gallon tank mix should be enough to treat 120-140 one-gallon must be reapproved every twelve (12) months. Shipments ofcontainers. Avoid over drenching so as not to waste active commodities covered from noninfested counties will only beingredient through leaching. During the adult flight season, plants allowed entry into Utah if the uninfested county has been placed onmust be retreated after sixteen (16) weeks if not shipped to assure the approved list prior to the arrival of the shipment in Utah. Theadequate protection. certificate must have the following additional declaration: " The

(2) Bifenthrin (Talstar Nursery Flowable 7.9%). Mix at the plants in this consignment were produced in (name of county), staterate of twenty (20) ounces per 100 gallons of water. Apply, as a of (name of state of origin) that is known to be free of Japanesedrench, approximately eight (8) ounces of tank mix per six (6) beetle.inches of container diameter. (e) Privately owned house plants obviously grown, or certified

(C) Media (Granule) Incorporation - Container Plants Only. at the place of origin as having been grown indoors withoutAll pesticides used for media incorporation must be mixed prior to exposure to Japanese beetle may be allowed entry into this statepotting and plants potted a minimum of thirty (30) days prior to without meeting the requirements of section (4). Contact the Utahshipment. Potting media used must be sterile and soilless; Department of Agriculture and Food for requirements: Director,containers must be clean. The granules must be incorporated into Plant Industry Division, Utah Department of Agriculture and Food,the media prior to potting. Field potted plants are not eligible for 350 North Redwood Road, P.O. Box 146500, Salt Lake City, Utahtreatment. This treatment protocol targets eggs and early first instar 84114-6500, FAX: (801) 538-7189, e-mail: agmain.dwilsonlarvae and allows for certification of plants that have been exposed @state.ut.us.to only one flight season after application. If the containers are tobe exposed to a second flight season they must be repotted with agranule incorporated mix or retreated using one of the approveddrench treatments. Pesticides approved for media incorporation are:

(1) Imidacloprid (Marathon 1G). Mix at the rate of five (5)pounds per cubic yard.

KEY: quarantine[July 2, 1998]1999 4-2-2Notice of Continuation March 5, 1998 4-35-9

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DAR File No. 21716 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 11

R156-24a

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21716FILED: 12/01/1998, 08:59

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: TheDivision and Physical Therapy Board needed to update theexisting rules.

SUMMARY OF THE RULE OR CHANGE: Added definitions for thefollowing: "Approved course work evaluation tool," "CAPTE,"and "FSBPT." Added the accrediting body for an accreditedphysical therapy assistant program. Clarifies the mechanismfor an applicant requesting licensure by endorsem*nt todocument that his education is equal to a Commission onAccreditation in Physical Therapy Education (CAPTE)accredited degree. Clarifies the means to completeeducational deficiencies for applicants requesting licensureby endorsem*nt. Eliminates the requirement for 3,000 hoursof practice for endorsem*nt applicants. Adopts the January1997 version of the published standards and ethics of theprofession.

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Section 58-24a-101, and Subsections 58-1-106(1) and58-1-202(1)

THIS RULE OR CHANGE INCORPORATES BY REFERENCE THEFOLLOWING MATERIAL: Adds: "A Course Work Evaluation Toolfor Persons Who Received Their Physical Therapy EducationOutside the United States", June 1997, published by theFederation of State Boards of Physical Therapy; Updates:American Physical Therapy Association’s Code of Ethics,January 1997 edition

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: The rule amendments clarify currentlicensure requirements, and therefore do not have a cost orsavings.ïLOCAL GOVERNMENTS: The rule amendments clarify currentlicensure requirements, and therefore do not have a cost orsavings.ïOTHER PERSONS: The rule amendments clarify currentlicensure requirements. A potential savings may result in theelimination of the 3,000 hours of experience requirement forendorsem*nt applicants and that the applicant may be ableto qualify for licensure in a shorter period of time. A potentialunknown cost may result for those applicants who are foundto have educational deficiencies and consists of the expenseof studying for and taking the College Level ExaminationProgram and any additional courses.

COMPLIANCE COSTS FOR AFFECTED PERSONS: The ruleamendments clarify current licensure requirements. Apotential savings may result in the elimination of the 3,000hours of experience requirement for endorsem*nt applicantsand that the applicant may be able to qualify for licensure ina shorter period of time. A potential unknown cost may resultfor those applicants who are found to have educationaldeficiencies and consists of the expense of studying for andtaking the College Level Examination Program and anyadditional courses.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: This amendment is filedprimarily for the purpose of adopting the 1997 version of theprofessional standards and ethics; to eliminate certainrequirements in possible excess of statutory authority; clarifythe licensure by endorsem*nt requirements and education;provide for completion of educational deficiencies for foreignschooled applicants; and define the accrediting body forphysical therapy assistant programs. The implementation ofthis rule will have no effect on the budgets of either the stateor local governments. The fiscal impact on prospectivelicensees is difficult to assess. The savings will be a result ofthe applicant being able to become licensed in a shorterperiod of time. The possible cost will be for those found tohave educational deficiencies and consist of the expense ofstudying for and taking the College Level ExaminationProgram and any additional courses. The offsetting savingsto this is that persons deficient under the current rule couldnot become licensed without completing a new degreeprogram in an accredited United States educationalinstitution--Douglas C. Borba

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

CommerceOccupational and Professional LicensingFourth Floor, Heber M. Wells Building160 East 300 SouthPO Box 146741Salt Lake City, UT 84114-6741, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:David Fairhurst at the above address, by phone at (801) 530-6621, by FAX at (801) 530-6511, or by Internet E-mail atbrdopl.dfairhur @email.state.ut.us.

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999; OR ATTENDING A PUBLICHEARING SCHEDULED FOR 01/07/1999, 9:00 a.m., 160 East 300South, Conference Room 428, Salt Lake City, UT.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: J. Craig Jackson, Director

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NOTICES OF PROPOSED RULES DAR File No. 21697

12 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

R156. Commerce, Occupational and Professional Licensing.R156-24a. Physical Therapist Practice Act Rules.R156-24a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 24a,as used in Title 58, Chapters 1 and 24a or these rules:

(1) "Approved course work evaluation tool", as used inSubsection R156-24a-302a(3), means the FSBPT’s June 1997revised publication entitled "A Course Work Evaluation Tool ForPersons Who Received Their Physical Therapy Education Outsidethe United States", which is hereby adopted and incorporated byreference.

(2) "CAPTE" means Commission on Accreditation in PhysicalTherapy Education.

(3) "FSBPT" means the Federation of State Licensing Boardsof Physical Therapy.

([1]4) "Joint mobilization", as used in Subsection 58-24a-104(2)(b), means passive and active movements of the joints of apatient, including the spine, to increase the mobility of jointsystems; but, does not include specific vertebral adjustment andmanipulation of the articulation of the spine by those methods ortechniques which are generally recognized as the classic practice ofchiropractic.

([2]5) "Unprofessional conduct" as defined in Title 58,Chapters 1 and 24a, is further defined, in accordance withSubsection 58-1-203(5), in Section R156-24a-502.

R156-24a-302a. Qualifications for Licensure - Education (d) document having practiced as a licensed physical therapistRequirements. for at least 3,000 hours in the five years immediately preceding

(1) In accordance with Subsection[s] 58-24a-109(2)(b), theaccredited school of physical therapy for a physical therapist shallbe accredited by [the Commission on Accreditation in PhysicalTherapy Education]CAPTE.

(2) In accordance with Subsection 58-24a-102(5), theaccredited school of physical therapy for a physical therapyassistant shall be accredited by CAPTE.

(3) In accordance with Section 58-1-302, an applicant whohas been licensed in a foreign country whose degree was notaccredited by CAPTE shall document that his education is equal toa CAPTE accredited degree by submitting to the Division acredential evaluation from either the International CredentialingAssociates, Inc. or the Foreign Credentialing Commission onPhysical Therapy which shall use the approved course workevaluation tool. Educational deficiencies may be corrected bycompleting college level credits in the deficient areas or by passingthe College Level Examination Program (CLEP) demonstratingproficiency in the deficient areas.

R156-24a-302b. Qualifications for Licensure - ExaminationRequirements.

(1) In accordance with Subsection 58-24a-109(2), theexamination which shall be required for each applicant forlicensure, including endorsem*nt applicants, as a physical therapistshall consist of the following:

(a) the [Federation of State Boards of PhysicalTherapy]FSBPT’s National Physical Therapy Examination with apassing score of at least 600 as established by the [Federation ofState Boards of Physical Therapy]FSBPT; and

(b) the Utah Physical Therapy Law Examination with apassing score of at least 75%.

(2) An applicant must have successfully completed allacademic and associated clinical requirements before being eligibleto sit for the examinations required for Utah licensure.

[R156-24a-307. Licensure by Endorsem*nt.(1) In accordance with Section 58-1-302, an applicant for

licensure as a physical therapist by endorsem*nt shall:(a) document licensure in any state, district or territory of the

United States or in any foreign country;(b) document having graduated from a school of physical

therapy that was:(i) accredited by the Commission on Accreditation in Physical

Therapy Education at the time the applicant graduated; or(ii) evaluated and found to be equivalent to a physical therapy

program as defined in Subsection (i) above by one of the followingevaluation agencies:

(A) International Credentialing Associates, Inc.;(B) International Educational Research Foundation, Inc; or(C) International Consultants Inc. of Delaware.(c) document having passed the:(i) Federation of State Boards of Physical Therapy National

Physical Therapy Examination with a passing score of at least 600as established by the Federation of State Boards of PhysicalTherapy; and

(ii) the Utah Physical Therapy Law Examination with apassing score of at least 75%; and

application.(2) Any applicant for licensure by endorsem*nt who has not

practiced as a licensed physical therapist in the five yearsimmediately preceding application shall satisfy the board as to hiscompetency in the practice of physical therapy by serving in aninternship or taking remedial courses as determined by the board,or both. The board may also require the applicant to take anexamination.]

R156-24a-502. Unprofessional Conduct.Unprofessional conduct includes:(1) violating any provision of the American Physical Therapy

Association’s Code of Ethics, [July 1994]last amended January1997, which is hereby adopted and incorporated by reference; and

(2) not providing supervision as set forth in Section R156-24a-503.

KEY: licensing, physical therapy[March 6, 1997]1999 58-24a-101Notice of Continuation May 12, 1997 58-1-106(1)

58-1-202(1)

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R307-12(Changed to R307-205)

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DAR File No. 21697 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 13

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21697FILED: 11/23/1998, 13:40

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: On May15, 1998, the Air Quality Board proposed revisions in R307-12 and a new rule R307-309. Due to extensive publiccomment on the proposals, both filings were allowed tolapse. This proposal reflects those public comments.(DAR Note: The original proposed amendment to R307-12is found under DAR No. 21079 in the May 15, 1998, issue ofthe Utah State Bulletin. The original proposed new rule forR307-309 is found under DAR No. 21080 in the May 15,1998, issue of the Utah State Bulletin.)

SUMMARY OF THE RULE OR CHANGE: Dirt and constructionmaterial tracked onto roads is ground down into very fineparticles called PM10 and PM2.5 which lodge in humanlungs. Children, the elderly, and those with chronic lungproblems such as asthma are most affected. To fit thestructure of the newly reorganized R307 rules, change rulenumber from R307-12 to R307-205, add "EmissionStandards:" to the beginning of the title, and renumberinternally to fit the standard rulemaking system. Move allprovisions applying only to Salt Lake, Davis and UtahCounties, Ogden City, and any nonattainment area for PM10to a new rule R307-309. This includes Subsections R307-12-2(A), R307-12-3(A)(2), and R307-12-4(A). (See separatefiling on R307-309 in this issue.) Clarify that R307-205applies statewide, except where otherwise specified. Adddefinitions for "Material" and "Road." In Subsection R307-12-4(3) regarding deposition of material onto roads, change therequirement from minimizing fugitive dust to requiring that theroad be cleaned promptly. In Section R307-12-5, make clearthat mining activities are controlled by Section R307-205-5and not by other sections of R307-12. In Section R307-12-6,make clear that tailings piles and ponds associated withmining activities are controlled by Section R307-205-6 andnot by other sections of R307-12. Other editorial changes toimprove clarity are found throughout the rule.(DAR Note: The new proposed new rule for R307-309 isunder DAR No. 21698 in this Bulletin.)

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Sections 19-2-101 and 19-2-104

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: No change in cost for the Division of AirQuality; the requirements are not significantly different fromexisting requirements. Other state agencies may engage inactivities regulated under this rule but the requirement toclean the road promptly if material is spilled is not verydifferent from the present requirement to minimize dust fromsuch deposits. Therefore, there is no reason to expect muchchange in costs or savings. ïLOCAL GOVERNMENTS: This rule may affect 25 countiesoutside the Wasatch Front, as many as 170 cities and townsin those counties, and any service districts in those areas

depositing materials which may create fugitive dust on apublic or private road. (The rule applies statewide but R307-309 applies in the Wasatch Front area and is generally morestringent.) The requirement to clean the road promptly ifmaterial is spilled is not very different from the presentrequirement to minimize dust from such deposits. There isalso an unquantifiable savings because the governments(and taxpayers) will not have to clean up dirt left by privatehaulers. Overall, there is no reason to expect much changein costs or savings. ïOTHER PERSONS: Total cost for cleaning roads is unknown.

COMPLIANCE COSTS FOR AFFECTED PERSONS: The requirementto clean the road promptly if material is spilled is not verydifferent from the present requirement to minimize dust fromsuch deposits. Therefore, there is no reason to expect muchchange in costs or savings.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: There will be very littlechange in costs for businesses operating outside theWasatch Front--Dianne R. Nielson.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Environmental QualityAir Quality150 North 1950 WestBox 144820Salt Lake City, UT 84114-4820, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Jan Miller at the above address, by phone at (801) 536-4042,by FAX at (801) 536-4099, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/22/1999; OR ATTENDING A PUBLICHEARING SCHEDULED FOR Salt Lake City: Room 101,Department of Environmental Quality (DEQ) Building, 168North 1950 West, January 5, 7:00 p.m.; Provo: City CouncilChambers, 351 West Center Street, January 7, 1999, at 7:00p.m.; North Salt Lake: Orchard Elementary School, 205East Center Street, January 12, 1999, 6:30 p.m.; Ogden:Weber-Morgan Health District, 2570 Grant Ave, January 14,1999, 7:00 p.m.

THIS RULE MAY BECOME EFFECTIVE ON: 02/04/1999

AUTHORIZED BY: Rick Sprott, Planning Branch Manager

R307. Environmental Quality, Air Quality.R307-[12]205. Emission Standards: Fugitive Emissions andFugitive Dust.R307-[12]205-1. Applicability.

(1) (Except where otherwise specified, R307-205 appliesstatewide.

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NOTICES OF PROPOSED RULES DAR File No. 21697

14 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

(2) The provisions of R307-[12]205 shall not apply to any ]paving material from roads [and/]or parking areas shall take stepssources for which limitations for fugitive dust or fugitive emissions to minimize fugitive dust from such activities. Such control mayare assigned pursuant to [R307-1-3.1 or R307-1-3.2]R307-401, include watering and[/or] chemical stabilization or other equivalentR307-305, or R307-307 nor shall they apply to agricultural or methods or techniques approved by the executive secretary.horticultural activities.

(3) The following definitions apply throughout R307-205:"Material" means sand, gravel, soil, minerals or other matter 4.A. Any person responsible for construction or maintenance

which may create fugitive dust. of any existing road or having right-of-way easem*nt or possessing"Road" means any public or private road. the right to use the same in an actual area of nonattainment for

R307-[12]205-2. Fugitive Emissions.[2.A. In actual areas of nonattainment for particulates, fugitive (1) When such roads have an average daily traffic volume of

emissions from any source shall not exceed 20% opacity. less than 150 vehicle trips per day, averaged over a consecutive 5-2.B. ]Fugitive emissions from sources in [other ]areas [of the day period, fugitive dust shall be minimized by appropriate control

State]outside Davis, Salt Lake and Utah Counties, Ogden City and techniques. Such control may include but not be limited toany nonattainment area for PM10 and which were constructed watering, chemical stabilization and/or other equivalent methods orbefore April 25, 1971, shall not exceed 40% opacity. Fugitive techniques approved by the executive secretary.emissions from sources constructed after April 25, 1971, shall not (2) When such roads have an average daily traffic volume ofexceed 20% opacity. 150 vehicle trips per day or greater, averaged over a consecutive 5

R307-[12]205-3. Fugitive Dust.[The following control and/or operating procedures are [4.B.](1) Any person planning to construct or operate a new

applicable to minimize fugitive dust: unpaved road which is anticipated to have an average daily traffic3.A.](1) Storage and Handling of Aggregate Materials.[ volume of 150 vehicle trips per day or greater, averaged over a(1)] Any person owning, operating or maintaining a new or consecutive [5]five day period,shall submit a notice of intent to

existing material storage, handling [and/]or hauling operation shall construct[/] or operate such a road to the executive secretaryminimize fugitive dust from such an operation. Such control may pursuant to [R307-1-3.1]R307-401. Such notice shall includeinclude the use of enclosures, covers, stabilization [and/]or other proposed action to minimize fugitive dust emissions from the road.equivalent methods or techniques as approved by the executive [4.C.](2) The executive secretary may require persons owning,secretary.[ operating or maintaining any new or existing road, or having right-

(2) Any person owning and/or operating an existing material of-way easem*nt or possessory right to use the same to supplystorage, handling and/or hauling operation in an actual area of traffic count information as determined necessary to ascertainnonattainment for particulate shall submit plans for control of whether or not control techniques are adequate or additionalfugitive dust from such operations to the executive secretary for controls are necessary.approval no later than September 29, 1981, 180 days after the [4.D.](3) Any person who [through his/her operationseffective date of this regulation.] ]deposits materials which may create fugitive dust on a public or

[3.B.](2) Construction[/] and Demolition Activities. private paved road [is required to]shall clean the road promptly.[([1]a) Any person engaging in clearing or leveling of land such that fugitive dust as a result of his/her operations is

[over 1/4]greater than one-quarter acre in size, earthmoving, minimized.]excavation, or movement of trucks or construction equipment overcleared land [over 1/4]greater than one-quarter acre in size or accesshaul roads shall take steps to minimize fugitive dust from such [5.A.](1) Fugitive dust, construction activities, and roadwaysactivities. Such control may include[ but is not limited to] watering associated with mining activities are regulated under the provisionsand[/or] chemical stabilization of potential fugitive dust sources or of [this section]R307-205-5 and not by [R307-12-3 and R307-12-other equivalent methods or techniques approved by the executive 4]R307-205-3 and 4.secretary. [5.B.](2) Any person who owns or operates a mining

([2]b) The owner or operator of any land area[s over operation shall minimize fugitive dust as an integral part of site1/4]greater than one-quarter acre in size that [have]has been cleared preparation, mining activities, and reclamation operations.or excavated shall take measures to prevent fugitive particulate [5.C.](3) The fugitive dust control measures to be used maymatter from becoming airborne. Such measures may include[, but include[, but are not limited to]:are not limited to]: ([1]a) periodic watering of unpaved roads,

([a]i) planting vegetative cover, ([2]b) chemical stabilization of unpaved roads,([b]ii) providing synthetic cover, ([3]c) paving of roads,([c]iii) watering and[/or] chemical stabilization, ([4]d) prompt removal of coal, rock minerals, soil, and other([d]iv) wind breaks, and[/or] dust-forming debris from roads and frequent scraping and([e]v) other equivalent methods or techniques approved by the compaction of unpaved roads to stabilize the road surface,

executive secretary. ([5]e) restricting the speed of vehicles in and around the([3]c) Any person engaging in demolition activities including mining operation,

razing [of ]homes, buildings, or other structures[;] or removing [of

R307-[12]205-4. Roads.[ Ways.

particulate whose activities result in fugitive dust from such roadshall be required to minimize fugitive dust.

day period, control techniques must be used which are equal to orbetter than 2-inch bituminous surface.]

R307-[12]205-5. Mining Activities.

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DAR File No. 21698 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 15

([6]f) revegetating, mulching, or otherwise stabilizing the from which fugitive dust impacts an actual area of nonattainmentsurface of all areas adjoining roads that are a source of fugitive dust, for particulate shall submit plans for control of fugitive dust from

([7]g) restricting the travel of vehicles on other than such operations to the executive secretary for approval no later thanestablished roads, September 29, 1981, 180 days after the effective date of this

([8]h) enclosing, covering, watering, or otherwise treating regulation.loaded haul trucks and[/or] railroad cars, to minimize loss ofmaterial to wind and spillage,

([9]i) substitution of conveyor systems for haul trucks andcovering of conveyor systems when conveyed loads are subject towind erosion,

([10]j) minimizing the area of disturbed land,([11]k) prompt revegetation of regraded lands,([12]l) planting of special windbreak vegetation at critical

points in the permit area,([13]m) control of dust from drilling, using water sprays,

hoods, dust collectors or other controls approved by the executivesecretary.

([14]n) restricting the areas to be blasted at any one time,([15]o) reducing the period of time between initially

disturbing the soil and revegetating or other surface stabilization,([16]p) restricting fugitive dust at spoil and coal transfer and

loading points,([17]q) control of dust from storage piles through use of

enclosures, covers, or stabilization and[/or] other equivalentmethods or techniques as approved by the executive secretary,and/or

([18]r) other techniques as determined necessary by theexecutive secretary.

[5.D.](4) Any person owning [and/]or operating an existingmining operation in an actual area of nonattainment for particulateor an existing mining operation outside an actual area ofnonattainment from which fugitive dust impacts an actual area ofnonattainment for particulate shall submit plans for control offugitive dust from such operations to the executive secretary forapproval no later than September 29, 1981, 180 days after theeffective date of this regulation.

R307-[12]205-6. Tailings Piles and Ponds.[6.A.](1) Fugitive dust, construction activities, and roadways

associated with tailings piles and ponds are regulated under theprovisions of [this section]R307-205-6 and not by [R307-12-3 andR307-12-4]R307-205-3 and 4.

[6.B.](2) Any person owning [and/]or operating an existingtailings operation where fugitive dust results from grading,excavating, depositing, or natural erosion or other causes inassociation with such operation shall take steps to minimize fugitivedust from such activities. Such controls may include[ but are notlimited to]:

([1]a) watering and[/or] chemical stabilization,([2]b) synthetic and[/or] vegetative covers,([3]c) wind breaks,([4]d) minimizing the area of disturbed tailings,([5]e) restricting the speed of vehicles in and around the

tailings operation, and[/or]([6]f) other equivalent methods or techniques which may be

approvable by the executive secretary.[6.C.](3) Any person owning [and/]or operating an existing

tailings operation in a nonattainment area for particulate or anexisting mining operation outside an actual area of nonattainment

KEY: air pollution, fugitive emissions*, mining*, tailings*199[5]9 19-2-101

19-2-10419-2-109

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R307-309

NOTICE OF PROPOSED RULE(New)

DAR FILE NO.: 21698FILED: 11/23/1998, 13:40

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: On May15, 1998, the Air Quality Board proposed revisions in R307-12 and a new rule R307-309. This new proposal reflects thepublic comments on that earlier version. This proposalfocuses each operator’s attention on preparation andimplementation of a fugitive dust control plan which willspecify control measures appropriate to each site. Itspecifies that operators shall prevent dust to the maximumextent possible, and specifies that opacity due to fugitive dustshall not exceed 10% if wind speed is less than 25 m.p.h.and the operator is taking appropriate action as defined intheir dust control plan.(DAR Note: The original proposed amendment to R307-12is found under DAR No. 21079 in the May 15, 1998, issue ofthe Utah State Bulletin. The original proposed new rule forR307-309 is found under DAR No. 21080 in the May 15,1998, issue of the Utah State Bulletin. The new proposedamendment to R307-12 (changed to R307-205) is foundunder DAR No. 21697 in this Bulletin.)

SUMMARY OF THE RULE OR CHANGE: These more stringentprovisions are added because dust is a component of fineparticulate pollution which is detrimental to human health.The mud and dust tracked onto roads is ground into very fineparticles which are inhaled and remain in human lungs. Thegreatest source of complaints to the Division of Air Quality(DAQ) is blowing dust, and local governments also receivecomplaints from their citizens. R307-309 regulates fugitiveemissions and fugitive dust in Davis, Salt Lake, and Utah

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NOTICES OF PROPOSED RULES DAR File No. 21698

16 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

counties, Ogden City and any nonattainment area for PM10. STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISAgricultural and horticultural activities are exempted under RULE: Sections 19-2-101 and 19-2-104Subsection R307-309-1(2). The rule limits fugitive emissionsto an opacity no greater than 15% and fugitive dust to an ANTICIPATED COST OR SAVINGS TO: opacity of 15%, and requires all sources to prepare or revise ïTHE STATE BUDGET: For the Division of Air Quality, it willdust control plans. Wasatch Front Regional Council (WFRC) take about 3/4 hour to review each of approximately 50 dusthas requested that this rule be made more stringent, and the control plans that will be re-submitted. An unknown numberstaff of the Division of Air Quality have worked with WFRC of sources (probably in the neighborhood of 50) notstaff and Council members, as well as regulated sources, to previously required to prepare plans will submit them. This isdraft the provisions. These requirements are already written a one-time cost of $27.40 (salary + benefits) X 0.75 hours Xinto the permits for I-15 reconstruction and a number of other 100 sources = $2,055. New plans will be reviewed as theysources. In Subsection R307-309-1(1), specify that sources are submitted, as they are now, and there is no additionalwith fugitive dust limitations in an approval order issued cost. There is likely to be an unquantifiable savings becauseunder R307-401 become subject to the rule on May 1, 1999, compliance staff can determine more quickly whether aand sources with an operating permit issued by that date are source is in compliance, because DAQ will receive fewersubject to the rule when the permit is renewed or reopened. citizen complaints, and because staff will spend less timeSubsection R307-309-1(2)(a) exempts agricultural and filing paperwork for sources out of compliance. For the Utahhorticultural activities. Subsections R307-309-1(2)(b) and Department of Transportation (UDOT), there will be additionalR307-309-1(2)(c) exempt certain sources from all costs for contracted road construction and maintenance torequirements of R307-309 except for submittal of the fugitive reduce the dirt unintentionally deposited on roads. The maindust control plan required in Section R307-309-4. Exempt methods to reduce dirt on the roads are to lay down a gravelsources are those subject to emission limits in R307-305 pad to shake dirt off trucks before they enter roads, or to(emission limits) or R307-307(road salting and sanding), and clean up the road immediately after dirt is left there. Thesethose subject to Sections R307-205-5 and R307-205-6 provisions already are written into the I-15 contract. There is(mining and tailings activities). Definitions for "Material" and also an unquantifiable savings for UDOT (and taxpayers)"Road" are added in Subsection R307-309-1(3). In Section because UDOT will not have to clean up dirt left by privateR307-309-2, the emission limit for fugitive emissions formerly haulers. Any other state agency engaged in construction orfound in Subsection R307-12-2(A) is changed from 20% to hauling in the Wasatch Front counties may incur small costs15%. In Subsection R307-309-3(1), an opacity limit for to comply.fugitive dust is set at 10% except when wind speeds exceed ïLOCAL GOVERNMENTS: Wasatch Front Regional Council25 m.p.h. and the owner or operator is taking appropriate requested that the rule be made more stringent. It may affectactions to control dust. Appropriate action means the actions 3 counties and approximately 50 cities and towns. Therespecified in the source’s dust control plan. The rule in place may be additional costs for governments and theirsince 1981 requires any source owning or operating a contractors for road construction and maintenance to reducematerial storage, handling or hauling operation to prepare a the dirt unintentionally deposited on roads adjacent to thefugitive dust control plan. This proposal requires any source construction site. The main methods to reduce dirt on thewith a dust control plan approved before February 4, 1999, to roads are to lay down a gravel pad to shake dirt off trucksreview and revise the plan in accordance with Section R307- before they enter roads, or to clean up the road immediately309-4, and re-submit to the Division of Air Quality no later after dirt is left there. There is also an unquantifiable savingsthan March 1, 1999. Section R307-309-4 specifies the because the governments (and taxpayers) will not have tosources and kinds of operations for which a dust control plan clean up dirt left by private haulers. Mayors who spoke to themust be submitted, and suggests control strategies to be Air Quality Board stressed that dirt on the roads becomesconsidered for each site. It requires that any source slick when wet, and is a safety hazard.becoming subject to the rule later will have 30 days in which ïOTHER PERSONS: Total costs are unquantifiable becauseto submit the plan. Sections R307-309-5 and R307-309-6 the total number of affected sources is unknown andspecify that certain kinds of operations shall "prevent, to the because there are so many control techniques each sourcemaximum extent possible," material from being deposited could use. There are also unquantifiable costs to clean uponto paved roads, and require that any person who does roads when dirt is tracked on them. There are savings todeposit material shall clean the road promptly. The existing citizens who will no longer have to pay state and localrule does not address such track-out. The present government agencies to clean up roads when dirt is trackedSubsection R307-12-4(A) requires that those responsible for out by private operators, and because citizens will have lessconstructing or maintaining roads must minimize fugitive medical costs, cleaning costs, air conditioning costs, crackeddust. Subsection R307-309-7(1) adds "...to the maximum windshield, and paint costs due to dust blown or tracked fromextent possible..." and adds a requirement that any person the work site.who does deposit material shall clean the road promptly. COMPLIANCE COSTS FOR AFFECTED PERSONS: Preparation orSubsection R307-309-7(2) requires that those responsible for revision of a dust control plan will take 1 staff person at $27construction or maintenance on unpaved roads shall prevent per hour about 8 hours for a cost of approximately $216.to the maximum extent possible the deposit of material onto Operators with multiple sites may choose to prepare site-any intersecting paved roads, and requires prompt cleanup specific plans, or may submit a generic plan to cover all sites.if material is deposited. The present requirement is to minimize fugitive dust; in

practice, there will be little additional cost to reduce

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DAR File No. 21698 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 17

emissions to 10% opacity. In addition, each operator will be Ogden: Weber-Morgan Health District, 2570 Grant Ave,held to implementing the dust control plan during windy January 14, 1999, 7:00 p.m.weather; this gives the operator more certainty as to what isrequired than the present requirement does. This too should THIS RULE MAY BECOME EFFECTIVE ON: 02/04/1999hold down costs for operators. The cost to reduce dirttracked onto roads can be minimal, in cost per ton. A small AUTHORIZED BY: Rick Sprott, Planning Branch Manageraggregate operation could prevent trackout by laying a gravelpad at the entrance to the street or road, at a cost ofapproximately $2,000 to $3,000 for a pad measuring 100yards X 24 feet X 4 inches, to shake the dirt off the truck. Alarger aggregate operation with about 1,400 trucks per dayhas recently spent about $50,000 to install a cattle guard andtruck washing system which includes re-using water;assuming 300 days of operation per year and 1,200 to 1,400trucks per day with loads averaging 16 tons, the cost wouldbe $0.003 per ton. For construction sites, a load of gravel atthe exit onto the street will be adequate for small sites. Forlarge sites, a load of gravel plus one laborer to sweep downeach truck that leaves or clean up the street when dirt isspilled will be adequate. The cost to reduce fugitiveemissions to 10% opacity mostly will fall on the aggregateand construction industries. Generally, only the summer isdry enough to require control measures for an extendedperiod. Possible control measures are set forth in SectionR307-309-4. For most construction sites, a light wateringperiodically to seal the surface will be adequate. Larger sitesmay need a watering truck at about $400 per day, or aperson to water with a hose at approximately $120 to $140per 12-hour day. Some operators have found it lessexpensive to apply a dust suppressant. Aggregate operatorswill want to apply a variety of measures suggested in SectionR307-309-4 at varying costs.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: Those operations issuedpermits recently have emission limits even stricter than thisrule and are able to meet it--Dianne R. Nielson.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Environmental QualityAir Quality150 North 1950 WestBox 144820Salt Lake City, UT 84114-4820, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Jan Miller at the above address, by phone at (801) 536-4042,by FAX at (801) 536-4099, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/22/1999; OR ATTENDING A PUBLICHEARING SCHEDULED FOR Salt Lake City: Room 101,Department of Environmental Quality (DEQ) Building, 168North 1950 West, January 5, 1999, 7:00 p.m.; Provo: CityCouncil Chambers, 351 West Center Street, January 7,1999, at 7:00 p.m.; North Salt Lake: Orchard ElementarySchool 205 East Center Street, January 12, 6:30 p.m.;

R307. Environmental Quality, Air Quality.R307-309. Davis, Salt Lake and Utah Counties, Ogden City andAny Nonattainment Area for PM10: Fugitive Emissions andFugitive Dust.R307-309-1. Applicability and Definitions.

(1) Applicability. R307-309 applies to all sources of fugitivedust and fugitive emissions located in Davis, Salt Lake and UtahCounties, Ogden City, and any nonattainment area for PM10,except as specified in (2) below. Any source for which limitationsfor fugitive dust or fugitive emissions are assigned pursuant toR307-401 is subject to R307-309 on May 1, 1999, unless the sourcehas an operating permit issued under R307-415 prior to that date.If the source has an operating permit, the source is subject to R307-309 on the date of permit renewal or permit reopening as specifiedin R307-415, whichever occurs first.

(2) Exemptions.(a) The provisions of R307-309 do not apply to agricultural

or horticultural activities.(b) Any source which is subject to R307-305-2 through 7 or

R307-307 is exempt from all provisions of R307-309 except forR307-309-4.

(c) Any source regulated by R307-205-5 or R307-205-6 isexempt from all provisions of R307-309 except for R307-309-4.

(3) The following additional definitions apply to R307-309:"Material" means sand, gravel, soil, minerals or other matter

which may create fugitive dust."Road" means any public or private road.

R307-309-2. Fugitive Emissions.Fugitive emissions from any source shall not exceed 15%

opacity, except as provided in R307-309-3.

R307-309-3. General Requirements for Fugitive Dust.(1) Opacity caused by fugitive dust shall not exceed 10%,

except when the wind speed exceeds 25 miles per hour and theowner or operator is taking appropriate actions to control fugitivedust. If the source has a dust control plan approved by theexecutive secretary, control measures in the plan are consideredappropriate. Wind speed may be measured by a hand-heldanemometer or equivalent device.

(2) Any source with a dust control plan approved by theexecutive secretary prior to February 4, 1999, shall review andrevise the plan in accordance with R307-309-4 below. The revisedplan shall be submitted to the executive secretary no later thanMarch 1, 1999.

R307-309-4. Fugitive Dust Control Plan.(1) Any person owning or operating a new or existing source

of fugitive dust, including storage, hauling or handling operationsor engaging in clearing or leveling of land one-quarter acre orgreater in size, earthmoving, excavation, or movement of trucks or

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NOTICES OF PROPOSED RULES DAR File No. 21727

18 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

construction equipment over cleared land one-quarter acre or equipment over cleared land or access haul roads shall prevent, togreater in size or access haul roads shall submit a plan to control the maximum extent possible, material from being deposited ontofugitive dust to the executive secretary no later than 30 days after any paved road other than a designated deposit site. Any suchthe source becomes subject to the rule. The plan shall address person who deposits materials which may create fugitive dust on afugitive dust control strategies for the following operations as public or private road shall clean the road promptly.applicable:

(a) Material Storage;(b) Material handling and transfer; (1) Any person responsible for construction or maintenance(c) Material processing; of any existing road or having right-of-way easem*nt or possessing(d) Road ways and yard areas; the right to use the same whose activities result in fugitive dust from(e) Material loading and dumping; the road shall minimize fugitive dust to the maximum extent(f) Hauling of materials; possible. Any such person who deposits materials which may(g) Drilling, blasting and pushing operations; create fugitive dust on a public or private road shall clean the road(h) Clearing and leveling; promptly.(i) Earth moving and excavation; (a) When such roads have an average daily traffic volume of(j) Exposed surfaces; less than 150 vehicle trips per day, averaged over a consecutive 5-(k) Any other source of fugitive dust. day period, fugitive dust shall be minimized to the maximum extent(2) Strategies to control fugitive dust may include: possible.(a) Wetting or watering; (b) When such roads have an average daily traffic volume of(b) Chemical stabilization; 150 vehicle trips per day or greater, averaged over a consecutive 5(c) Enclosing or covering operations; day period, control techniques shall be used which are equal to or(d) Planting vegetative cover; better than 2-inch bituminous surface.(e) Providing synthetic cover; (2) Any person responsible for construction or maintenance(f) Wind breaks; of any new or existing unpaved road shall prevent, to the maximum(g) Reducing vehicular traffic; extent possible, the deposit of material from the unpaved road onto(h) Reducing vehicular speed; any intersecting paved road during construction or maintenance.(i) Cleaning haul trucks before leaving loading area; Any person who deposits materials which may create fugitive dust(j) Limiting pushing operations to wet seasons; on a public or private road shall clean the road promptly.(k) Paving or cleaning road ways;(l) Covering loads;(m) Conveyor systems;(n) Boots on drop points;(o) Reducing the height of drop areas;(p) Using dust collectors;(q) Reducing production;(r) Mulching;(s) Limiting the number and power of blasts;(t) Limiting blasts to non-windy days and wet seasons;(u) Hydro drilling;(v) Wetting materials before processing;(w) Using a cattle guard before entering a paved road;(x) Washing haul trucks before leaving the loading site; and(y) Terracing.(3) Failure to comply with the provisions of a dust control

plan approved by the executive secretary is a violation of this rule.

R307-309-5. Storage, Hauling and Handling of AggregateMaterials.

Any person owning, operating or maintaining a new or existingmaterial storage, handling or hauling operation shall prevent, to themaximum extent possible, material from being deposited onto anypaved road other than a designated deposit site. Any such personwho deposits materials which may create fugitive dust on a publicor private road shall clean the road promptly.

R307-309-6. Construction and Demolition Activities.Any person engaging in clearing or leveling of land with an

area of one-quarter acre or more, earthmoving, excavating,construction, demolition, or moving trucks or construction

R307-309-7. Roads.

KEY: air pollution, dust*1999 19-2-101

19-2-10419-2-109

ñ ñ

R307-343

NOTICE OF PROPOSED RULE(New)

DAR FILE NO.: 21727FILED: 12/01/1998, 17:45

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: Utah’sOzone Maintenance Plan for Salt Lake and Davis Countiesincluded a commitment that Utah would adopt reasonablyavailable control technology (RACT) requirements as theyare issued by the Environmental Protection Agency (EPA).

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DAR File No. 21727 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 19

In April 1996, EPA issued guidelines and a model rule for the first year. In subsequent years there will be the recordwood furniture manufacturers. R307-343 is consistent with keeping cost of $3,120 and some training costs due tothe federal model rule and consistent with the other air employee turnover.pollution rules which already apply to the same sources andpollutants. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT

SUMMARY OF THE RULE OR CHANGE: R307-343 applies to pressure spray equipment is widely used already in the woodapproximately 6 wood furniture manufacturing sources with furniture-finishing industry. The specified work practices alsothe potential to emit 25 tons or more per year of volatile are good business practices, resulting in savings in materialsorganic compounds and are located in Salt Lake or Davis used and costs of disposal. The cost per ton for reductionsCounty. Four of the affected sources already are regulated of volatile organic compounds for this industry comparesby similar requirements under the Maximum Achievable favorably with the cost for industries which already haveControl Technology (MACT) rules and 3 are subject to Title applied controls--Dianne R. Nielson.V Operating Permit requirements. Major sources which dosome wood furniture finishing as an incidental part of their THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGmanufacture of other goods are exempt from the rule so long REGULAR BUSINESS HOURS, AT:as they use 100 gallons or less per month of finishing Environmental Qualitymaterial. Section R307-343-4 requires that affected sources Air Qualityuse materials with limited content of volatile organic 150 North 1950 Westcompounds, or use a control system to capture emissions. Box 144820No Utah sources are presently using control systems to Salt Lake City, UT 84114-4820, orcapture emissions, and the required materials are readily at the Division of Administrative Rules.available. Requirements for compliance, monitoring,performance testing, recordkeeping, and reporting are DIRECT QUESTIONS REGARDING THIS RULE TO:specified. Reporting deadlines match those in the hazardous Jan Miller at the above address, by phone at (801) 536-4042,air pollutant regulations. by FAX at (801) 536-4099, or by Internet E-mail at

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Subsections 19-2-104(1)(a) and 19-2-104(3)(e) INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEFEDERAL REQUIREMENT FOR THIS RULE: 42 U.S.C. 7511a(b)(2) BY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NO

ANTICIPATED COST OR SAVINGS TO: HEARING SCHEDULED FOR 01/07/1999, 1:30 p.m., Room 103,ïTHE STATE BUDGET: The Division of Air Quality (DAQ) staff Department of Environmental Quality (DEQ) Building, 168will review semiannual reports submitted by sources. At 3 North 1950 West, Salt Lake City, UT.hours per report, 2 reports per year from 2 sources and DAQstaff costs of $32.99/hour (salary and benefits), the cost will THIS RULE MAY BECOME EFFECTIVE ON: 02/04/1999be approximately $395.99 per year.ïLOCAL GOVERNMENTS: Local government is not affected by AUTHORIZED BY: Rick Sprott, Planning Branch Managerthis rule.ïOTHER PERSONS: Approximately two sources will haveadditional costs. The cost will be approximately $12,240 forthe first year and $6,240 per year thereafter (see"Compliance costs for affected persons").COMPLIANCE COSTS FOR AFFECTED PERSONS: Four affectedsources already are regulated under R307-214 and 40 CFR63. The only requirement in R307-343 affecting those foursources is a requirement for more information in the requiredreports which will satisfy both R307-214 and R307-343.Sources already are gathering that additional information inorder to calculate the information required in the presentreports under R307-214, so the cost for those sources isunquantifiably small. The other two sources may install highvolume-low pressure spray equipment at a cost ofapproximately $300 per spray gun, or about $1,800 persource with some unquantifiable savings in materials used. In addition, those two sources will have to train employeesat a total cost of approximately $1,200 per source, with someunquantifiable savings in materials used. Record keepingwill cost each source approximately $60 per week for a totalof $3,120 per year per source. The total cost for each sourcewill be approximately $1,800 + $1,200 + $3,120 = $6,120 for

THE RULE MAY HAVE ON BUSINESSES: High volume-low

[emailprotected].

LATER THAN 5:00 P.M. ON 01/14/1999; OR ATTENDING A PUBLIC

R307. Environmental Quality, Air Quality.R307-343. Davis and Salt Lake Counties and OzoneNonattainment Areas: Emissions Standards for WoodFurniture Manufacturing Operations.R307-343-1. Purpose.

(1) The purpose of R307-343 is to limit volatile organiccompound emissions from wood furniture manufacturing sourceslocated in Davis and Salt Lake Counties and ozone nonattainmentareas.

R307-343-2. Applicability.Provisions of R307-343 apply to each wood furniture

manufacturing source that is not an incidental wood furnituremanufacturer, has the potential to emit 25 tons or more per year ofvolatile organic compounds and is located in Salt Lake County,Davis County, or any ozone nonattainment area.

R307-343-3. Definitions.The following additional definitions apply to R307-343:

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NOTICES OF PROPOSED RULES DAR File No. 21727

20 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

"Affected Source" means a wood furniture manufacturing "Control System" means the combination of capture andsource that meets the criteria in R307-343-2. control devices used to reduce emissions to the atmosphere.

"Alternative Method" means any method of sampling and "Conventional Air Spray" means a spray coating method inanalyzing for an air pollutant that is not a reference or equivalent which the coating is atomized by mixing it with compressed air atmethod but that has been demonstrated to the executive secretary’s an air pressure greater than 10 pounds per square inch (gauge) at thesatisfaction to, in specific cases, produce results adequate for a point of atomization. Airless, air assisted airless spray technologies,determination of compliance. and electrostatic spray technology are not considered conventional

"As Applied" means the volatile organic compound and solids air spray.content of the finishing material that is actually used for coating the "Day" means a period of 24 consecutive hours beginning atsubstrate. It includes the contribution of materials used for in-house midnight local time, or beginning at a time consistent with adilution of the finishing material. source’s operating schedule.

"Basecoat" means a coat of colored material, usually opaque, "Emission" means the direct or indirect release or discharge ofthat is applied before graining inks, glazing coats, or other opaque volatile organic compound into the ambient air.finishing materials, and is usually topcoated for protection. "Equipment Leak" means emissions of volatile organic

"Capture Device" means a hood, enclosed room, floor sweep, compounds from pumps, valves, flanges, or other equipment usedor other means of collecting solvent emissions or other pollutants to transfer or apply finishing materials or organic solvents.into a duct so that the pollutant can be directed to a pollution "Equivalent Method" means any method of sampling andcontrol device such as an incinerator or carbon adsorber. analyzing for an air pollutant that has been demonstrated to the

"Capture Efficiency" means the fraction of all organic vapors executive secretary’s satisfaction to have a consistent andgenerated by a process that is directed to a control device. quantitatively known relationship to the reference method under

"Certified Product Data Sheet(CPDS)" means documentation specific conditions.furnished by a coating supplier or an outside laboratory that "Finishing Application Station" means the part of a finishingprovides the volatile organic compound content by percent weight, operation where the finishing material is applied, such as a spraythe solids content by percent weight, and the density of a finishing booth.material, strippable booth coating, or solvent, measured using EPA "Finishing Material" means a coating used in the woodMethod 24 or an equivalent or alternative method, or formulation furniture industry, including basecoats, stains, washcoats, sealers,data if the coating meets the criteria specified in R307-343-7(1). and topcoats.The purpose of the CPDS is to assist the affected source in "Finishing Operation" means those activities in which ademonstrating compliance with the emission limitations presented finishing material is applied to a substrate and is subsequently air-in Subsection R307-343-4. dried, cured in an oven, or cured by radiation.

"Cleaning Operations" means operations in which organic "Incidental wood furniture manufacturer" means a majorsolvent is used to remove coating materials from equipment used in source as defined in 40 CFR 63.2 that is primarily engaged in thewood furniture manufacturing operations. manufacture of products other than wood furniture or wood

"Coating" means a protective, decorative, or functional furniture components and that uses no more than 100 gallons permaterial applied in a thin layer to a surface. Such materials may month of finishing material in the manufacture of wood furniture orinclude paints, topcoats, varnishes, sealers, stains, washcoats, wood furniture components.basecoats, inks, and temporary protective coatings. "Incinerator" means an enclosed combustion device that

"Compliant Coating" means a finishing material or strippable thermally oxidizes volatile organic compounds to carbon monoxidebooth coating that meets the emission limits specified in R307-343- and carbon dioxide. This term does not include devices that burn4(1). municipal or hazardous waste material.

"Continuous Coater" means a finishing system that "Noncompliant Coating" means a finishing material orcontinuously applies finishing materials onto furniture parts moving strippable booth coating that has a volatile organic compoundalong a conveyor system. Finishing materials that are not content greater than the emission limitation specified in Subsectiontransferred to the part are recycled to the finishing material R307-343-4(1).reservoir. Several types of application methods can be used with a "Normally Closed Container" means a container that is closedcontinuous coater including spraying, curtain coating, roll coating, unless an operator is actively engaged in activities such as emptyingdip coating, and flow coating. or filling the container.

"Continuous Compliance" means that the affected source meets "Operating Parameter Value" means a minimum or maximumthe emission limitations and other requirements of R307-343 at all value established for a control device or process parameter that, iftimes and fulfills all monitoring and recordkeeping provisions of achieved by itself or in combination with one or more otherR307-343 in order to demonstrate compliance. operating parameter values, determines that an owner or operator

"Control Device" means any equipment that reduces the has complied with an applicable emission limit.quantity of a pollutant that is emitted to the air. The device may "Organic Solvent" means a liquid containing volatile organicdestroy or secure the pollutant for subsequent recovery. Control compounds that is used for dissolving or dispersing constituents indevices include, but are not limited to, incinerators, carbon a coating, adjusting the viscosity of a coating, cleaning, or washoff.adsorbers, and condensers. When used in a coating, the organic solvent evaporates during

"Control Device Efficiency" means the ratio of the pollution drying and does not become a part of the dried film.released by a control device and the pollution introduced to thecontrol device, expressed as a fraction.

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DAR File No. 21727 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 21

"Overall Control Efficiency" means the efficiency of a control "Wood Furniture Manufacturing Operations" means thesystem, calculated as the product of the capture and control device finishing, cleaning, and washoff operations associated with theefficiencies, expressed as a percentage. production of wood furniture or wood furniture components.

"Permanent Total Enclosure" means a permanently installed "Working Day" means a day, or any part of a day, in which aenclosure that completely surrounds a source of emissions such that source is engaged in manufacturing.all emissions are captured and contained for discharge through acontrol device, and which meets the criteria presented in SubsectionR307-343-7(5)(a)(i) through (iv). (1) Each owner or operator of an affected source subject to

"Reference Method" means any method of sampling and R307-343 shall limit volatile organic compound emissions fromanalyzing for an air pollutant that is published in Appendix A of 40 finishing operations. Methods in (a) through (e) below areCFR 60. accepted.

"Responsible Official" has the same meaning as in R307-415, (a) Use topcoats with a volatile organic compound content noOperating Permit Requirements. greater than 0.8 kilogram per kilogram of solids, as applied; or

"Sealer" means a finishing material used to seal the pores of a (b) Use a finishing system of sealers with a volatile organicwood substrate before additional coats of finishing material are compound content no greater than 1.9 kilograms per kilogram ofapplied. A washcoat used to optimize aesthetics is not a sealer. solids, as applied, and topcoats with a volatile organic compound

"Solids" means the part of the coating that remains after the content no greater than 1.8 kilograms per kilogram of solids, ascoating is dried or cured; solids content is determined using data applied; orfrom EPA Method 24, or an alternative or equivalent method (c) For affected sources using acid-cured alkyd amino vinylapproved by the executive secretary. sealers or acid-cured alkyd amino conversion varnish topcoats, use

"Solvent" means a liquid used in a coating for dissolving or sealers and topcoats based on the following criteria:dispersing constituents in a coating, adjusting the viscosity of a (i) If the affected source is using acid-cured alkyd amino vinylcoating, cleaning, or washoff. When used in a coating, it evaporates sealers and acid-cured alkyd amino conversion varnish topcoats, theduring drying and does not become a part of the dried film. sealer shall contain no more than 2.3 kilograms of volatile organic

"Stain" means any color coat having a solids content by weight compound per kilogram of solids, as applied, and the topcoat shallof no more than 8.0 percent that is applied in single or multiple contain no more than 2.0 kilograms of volatile organic compoundcoats directly to the substrate, including nongrain raising stains, per kilogram of solids, as applied;equalizer stains, sap stains, body stains, no-wipe stains, penetrating (ii) If the affected source is using a sealer other than an acid-stains, and toners. cured alkyd amino vinyl sealer and acid-cured alkyd amino

"Strippable Booth Coating" means a coating that: conversion varnish topcoats, the sealer shall contain no more than(1) is applied to a booth wall to provide a protective film to 1.9 kilograms of volatile organic compound per kilogram of solids,

receive overspray during finishing operations; as applied, and the topcoat shall contain no more than 2.0 kilograms(2) is subsequently peeled off and disposed; and of volatile organic compound per kilogram of solids, as applied; or(3) by achieving (1) and (2), reduces or eliminates the need to (iii) if the affected source is using an acid-cured alkyd amino

use organic solvents to clean booth walls. vinyl sealer and a topcoat other than an acid-cured alkyd amino"Substrate" means the surface onto which coatings are applied, conversion varnish topcoat, the sealer shall contain no more than

or into which coatings are impregnated. 2.3 kilograms of volatile organic compound per kilogram of solids,"Temporary Total Enclosure" means an enclosure that meets as applied, and the topcoat shall contain no more than 1.8 kilograms

the requirements of Subsection R307-343-7(5)(a)(i) through (iv) of volatile organic compound per kilogram of solids, as applied; orand is not permanent, but is constructed only to measure the capture (d) Use a control system that will achieve an equivalentefficiency of pollutants emitted from a given source. Additionally, reduction in emissions as the requirements of Subsection R307-343-any exhaust point from the enclosure shall be at least 4 equivalent 4(1)(a) or (b), as calculated using the compliance provisions induct or hood diameters from each natural draft opening. R307-343-6(2), as appropriate; or

"Topcoat" means the last film-building finishing material (e) Use a combination of the methods presented in (a) throughapplied in a finishing system. Non-permanent final finishes are not (d) above.topcoats. (2) Each owner or operator of an affected source subject to

"Touch-up and Repair" means the application of finishing R307-343 shall limit volatile organic compound emissions frommaterials to cover minor finishing imperfections. cleaning operations when using a strippable booth coating. A

"Washcoat" means a transparent special purpose coating strippable booth coating shall contain no more than 0.8 kilogram ofhaving a solids content by weight of 12.0 percent or less that is volatile organic compound per kilogram of solids, as applied.applied over initial stains to protect and control color and to stiffenthe wood fibers in order to aid sanding.

"Washoff Operations" means those operations in which (1) Work Practice Implementation Plan.organic solvent is used to remove coating from a substrate. (a) Each owner or operator of an affected source subject to

"Wood Furniture" means any product made of wood, a wood R307-343 shall prepare and maintain a written work practiceproduct such as rattan or wicker, or an engineered wood product implementation plan that defines environmentally desirable worksuch as particleboard that is manufactured under any of the practices for each wood furniture manufacturing operation andfollowing standard industrial classification codes: 2434, 2511, addresses each of the topics specified in R307-343-5(2) through2512, 2517, 2519, 2521, 2531, 2541, 2599, or 5712. (10). The plan shall be completed no later than April 5, 1999. The

R307-343-4. Emission Standards.

R307-343-5. Work Practice Standards.

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owner or operator of the affected source shall comply with each (b) The number of pieces washed off each month, and theprovision of the work practice implementation plan. The written reason for the washoff; andwork practice implementation plan shall be available for inspection (c) The net quantity of spent organic solvent generated fromby the executive secretary, upon request. If the executive secretary each washoff and cleaning operation each month, and whether it isdetermines that the work practice implementation plan does not recycled onsite or disposed offsite. The net quantity of spentadequately address each of the topics specified in (2) through (10) solvent is equivalent to the total amount of organic solvent that isbelow or that the plan does not include sufficient mechanisms for generated from the activity minus any organic solvent that is reusedensuring that the work practice standards are being implemented, onsite for operations other than cleaning or washoff and any organicthe executive secretary may require the affected source to modify solvent that was sent offsite for disposal.the plan. (5) Spray Booth Cleaning. Each owner or operator of an

(2) Operator Training. affected source shall not use compounds containing more than 8.0(a) Each owner or operator of an affected source shall train percent by weight of volatile organic compound for cleaning spray

new and existing personnel, including contract workers, who are booth components other than conveyors, continuous coaters andinvolved in finishing, gluing, cleaning, or washoff operations, use their enclosures, or metal filters, unless the spray booth is beingof manufacturing equipment, or implementation of the requirements refurbished. If the spray booth is being refurbished, that is, theof R307-343. All new personnel, those hired after February 4, spray booth coating or other material used to cover the booth is1999, shall be trained upon hiring. All existing personnel, those being replaced, the affected source shall use no more than 1.0hired before February 4, 1999, shall be trained by August 4, 1999. gallon of organic solvent to prepare the booth prior to applying theAll personnel shall be given refresher training annually. booth coating.

(b) The affected source shall maintain a copy of the training (6) Storage Requirements. Each owner or operator of anprogram with the work practice implementation plan. The training affected source shall use normally closed containers for storingprogram shall include, at a minimum, the following: finishing, cleaning, and washoff materials.

(i) A list of all current personnel by name and job description (7) Application Equipment Requirements. Each owner orthat are required to be trained; operator of an affected source shall use conventional air spray guns

(ii) An outline of the subjects to be covered in the initial and for applying finishing materials only under any of the followingrefresher training for each position or group of personnel; circ*mstances:

(iii) Lesson plans for courses to be given at the initial and the (a) To apply finishing materials that have a volatile organicannual refresher training that include, at a minimum, appropriate compound content no greater than 1.0 kilogram per kilogram ofapplication techniques, appropriate cleaning and washoff solids, as applied;procedures, appropriate equipment setup and adjustment to (b) For touch-up and repair under the followingminimize finishing material usage and overspray, and appropriate circ*mstances:management of cleanup wastes; and (i) The touchup and repair occurs after completion of the

(iv) A description of the methods to be used at the completion finishing operation; orof initial or refresher training to demonstrate and document (ii) The touchup and repair occurs after the application ofsuccessful completion and a record of the training date for all stain and before the application of any other type of finishingpersonnel. material, and the materials used for touchup and repair are applied

(3) Leak Inspection and Maintenance Plan. Each owner or from a container that has a volume of no more than 2.0 gallons.operator of an affected source shall prepare and maintain with the (c) When the spray gun is aimed and triggered automatically,work practice implementation plan a written leak inspection and not manually;maintenance plan that specifies: (d) When the emissions from the finishing application station

(a) A minimum visual inspection frequency of once per month are directed to a control device;for all equipment used to transfer or apply finishing materials, or (e) The conventional air gun is used to apply finishingorganic solvents; materials and the cumulative total usage of that finishing material

(b) An inspection schedule; is no more than 5.0 percent of the total gallons of finishing material(c) Methods for documenting the date and results of each used during that semiannual reporting period; or

inspection and any repairs that were made; (f) The conventional air gun is used to apply stain on a part for(d) The time elapsed between identifying the leak and making which it is technically or economically infeasible to use any other

the repair, using at a minimum the following schedule: spray application technology. The affected source shall(i) A first attempt at repair, such as tightening of packing demonstrate technical or economic infeasibility by submitting to the

glands, shall be made no later than five working days after the leak executive secretary a videotape, a technical report, or otheris detected; and documentation that supports the affected source’s claim of technical

(ii) Final repairs shall be made within 15 working days, unless or economic infeasibility. The following criteria shall be used,the leaking equipment is to be replaced by a new purchase, in which either independently or in combination, to support the affectedcase repairs shall be completed within three months. source’s claim of technical or economic infeasibility:

(4) Cleaning and Washoff Solvent Accounting System. Each (i) The production speed is too high or the part shape is tooowner or operator of an affected source shall develop an organic complex for one operator to coat the part and the application stationsolvent accounting form to record: is not large enough to accommodate an additional operator; or

(a) The quantity and type of organic solvent used each month (ii) The excessively large vertical spray area of the part makesfor washoff and cleaning; it difficult to avoid sagging or runs in the stain.

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(8) Line Cleaning. Each owner or operator of an affected (i) Submit an initial compliance status report stating thatsource shall pump or drain all organic solvent used for line cleaning compliant sealers or topcoats, as determined by the volatile organicinto a normally closed container. compound content of the finishing material in the reservoir and the

(9) Gun Cleaning. Each owner or operator of an affected volatile organic compound content as calculated from records, aresource shall collect all organic solvent used to clean spray guns into used; ora normally closed container. (ii) Submit an initial compliance status report stating that

(10) Washoff Operations. Each owner or operator of an compliant sealers or topcoats, as determined by the volatile organicaffected source shall control emissions from washoff operations by compound content of the finishing material in the reservoir, areusing normally closed tanks for washoff and minimizing dripping used and the viscosity of the finishing material in the reservoir isby tilting or rotating the part to drain as much organic solvent as being monitored. The affected source also shall provide data thatpossible. demonstrates the correlation between the viscosity of the finishing

R307-343-6. Compliance Procedures and MonitoringRequirements.

(1) Methodology. Terms and equations required in the control system, capture device or control device to comply with thecalculation of compliance are found in Appendix B, "Control of requirements of R307-343, as allowed by R307-343-4(1)(d) andOrganic Compound Emissions from Wood Furniture Manufacturing R307-343-6(2)(b), shall:Operations." EPA-453/R-96-007, April 1996. The terms found in (i) Submit a monitoring plan that identifies the operatingB.3(b) on pages B-10 and B-11, Equation 3 on page B-18, parameter to be monitored for the capture device and demonstratesEquations 4, 5, 6, and 7 on pages B-26 and B-27 are hereby adopted why the parameter is appropriate to show ongoing compliance;and incorporated by reference. Copies are available at the Division (ii) Conduct an initial performance test using the proceduresof Air Quality, the Division of Administrative Rules and most state and test methods listed in R307-343-7(3) and (4) or (5);depository libraries. (iii) Calculate the overall control efficiency using Equation 6;

(2) General Compliance. The owner or operator of an affected andsource subject to the emission standards in Section R307-343-4 (iv) Determine those operating conditions that are critical toshall demonstrate compliance with those provisions by using any of determining compliance and establishing operating parameters thatthe methods in (a) or (b) below. will ensure compliance with the standard, as follows:

(a) To demonstrate compliance with emission standards in (A) For a thermal incinerator, use minimum combustionR307-343-4(1)(a), (b), or (c) or R307-343-4(2), maintain certified temperature;product data sheets for each of these finishing materials and (B) For a catalytic incinerator equipped with a fixed catalyststrippable booth coatings. If solvent or other volatile organic bed, use the minimum gas temperature both upstream andcompound is added to the finishing material before application, the downstream of the catalyst bed,affected source shall maintain documentation showing the volatile (C) For a catalytic incinerator equipped with a fluidizedorganic compound content of the finishing material as applied, in catalyst bed, use the minimum gas temperature upstream of thekilograms of volatile organic compound per kilogram of solids. catalyst bed and the pressure drop across the catalyst bed;

(b) To comply through the use of a control system as specified (D) For a carbon adsorber, use either the total regenerationin R307-343-4(1)(d): mass stream flow for each regeneration cycle and the carbon bed

(i) Determine the overall control efficiency needed to temperature after each regeneration, or the concentration level ofdemonstrate compliance using Equation 3. organic compounds exiting the adsorber, unless the owner or

(ii) Document that the amount of volatile organic compound operator requests and receives approval from the executive secretaryin Equation 3 is obtained from the volatile organic compound and to establish other operating parameters;solids content of the finishing material as applied; (E) For a control device not listed in (A) through (D) above,

(iii) Calculate the overall efficiency of the control device, the operating parameter shall be established using the procedures inusing the procedures in R307-343-7(4) or (5), and demonstrate that R307-343-6(4)(c)(vi).the overall efficiency of the control device calculated by Equation (v) Each owner or operator complying with R307-343-6(3)(c)6 is equal to or greater than the overall efficiency of the control shall calculate the site-specific operating parameter value as thedevice calculated by Equation 3. arithmetic average of the maximum or minimum operating

(3) Initial Compliance. The owner or operator of each parameter values, as appropriate, that demonstrate compliance withaffected source shall demonstrate compliance by submitting an the standards, during the three test runs required by R307-343-initial compliance status report. 7(3)(a).

(a) Each owner or operator of an affected source that complies (d) Each owner or operator of an affected source subject to thethrough the procedures established in (2)(a) above shall submit an work practice standards in R307-343-5 shall submit an initialinitial compliance status report stating that compliant sealers, compliance status report, as required by R307-343-9(2), stating thattopcoats and strippable booth coatings are being used by the the work practice implementation plan has been developed andaffected source. procedures have been established for implementing the provisions

(b) Each owner or operator of an affected source that complies of the plan.by using the procedures in R307-343-6(2)(a) and applies sealers or (4) Continuous Compliance Demonstrations.topcoats using continuous coaters shall: (a) Each owner or operator of an affected source subject to the

material and the volatile organic compound content of the finishingmaterial in the reservoir.

(c) Each owner or operator of an affected source using a

provisions of R307-343-4 that comply using the procedures

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24 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

established in R307-343-6(2)(a) shall demonstrate continuous (i) Where a capture or control device is used, a device tocompliance by using compliant materials, maintaining records that monitor the site-specific operating parameter established indemonstrate the materials are compliant, and submitting a accordance with R307-343-6(3)(c)(i) is required.compliance certification with the semiannual report required by (ii) Where an incinerator is used, a temperature monitoringR307-343-9(3). device equipped with a continuous recorder is required.

(i) The compliance certification shall state that compliant (A) Where a thermal incinerator is used, a temperaturesealers, topcoats and strippable booth coatings have been used monitoring device shall be installed in the firebox or in theduring the semiannual reporting period, or should otherwise ductwork immediately downstream of the firebox in a positionidentify the days of noncompliance and the reasons for before any substantial heat exchange occurs.noncompliance. (B) Where a catalytic incinerator equipped with a fixed

(ii) The compliance certification shall be signed by a catalyst bed is used, temperature monitoring devices shall beresponsible official. installed in the gas stream immediately before and after the catalyst

(b) Each owner or operator of an affected source subject to the bed.provisions of R307-343-4 that comply using the procedures (C) Where a catalytic incinerator equipped with a fluidizedestablished in R307-343-6(2)(a) and applies sealers or topcoats catalyst bed is used, a temperature monitoring device shall beusing continuous coaters shall demonstrate continuous compliance installed in the gas stream immediately before the bed. In addition,by following the procedures in (i) or (ii) below. a pressure monitoring device shall be installed to determine the

(i) Use compliant materials, as determined by the volatile pressure drop across the catalyst bed. The pressure drop shall beorganic compound content of the finishing material in the reservoir measured monthly at a constant flow rate.and the volatile organic compound content as calculated from (iii) Where a carbon adsorber is used, one of the followingrecords, and submit a compliance certification with the semiannual monitoring devices shall be used:report required by R307-343-9(3). (A) An integrating regeneration stream flow monitoring

(A) The compliance certification shall state that compliant device having an accuracy of plus or minus 10 percent, capable ofsealers and topcoats have been used during the semiannual recording the total regeneration stream mass flow for eachreporting period, or should otherwise identify the days of regeneration cycle; and a carbon bed temperature monitoring devicenoncompliance and the reasons for noncompliance. having an accuracy of plus or minus one percent of the temperature

(B) The compliance certification shall be signed by a being monitored expressed in degrees Celsius, or plus or minus 0.5responsible official. C, whichever is greater, capable of recording the carbon bed

(ii) Use compliant materials, as determined by the volatile temperature after each regeneration and within fifteen minutes oforganic compound content of the finishing material in the reservoir, completing any cooling cycle;maintaining a viscosity of the finishing material in the reservoir that (B) An organic monitoring device, equipped with ais no less than the viscosity of the initial finishing material by continuous recorder, to indicate the concentration level of organicmonitoring the viscosity with a viscosity meter or by testing the compounds exiting the carbon adsorber; orviscosity of the initial finishing material and retesting the material (C) Any other monitoring device that has been approved byin the reservoir each time solvent is added, maintaining records of the executive secretary as allowed under (vi) below.solvent additions, and submitting a compliance certification with (iv) Each owner or operator of an affected source shall notthe semiannual report required by R307-343-9(3). operate the capture or control device at a daily average value greater

(A) The compliance certification shall state that compliant than or less than the operating parameter value, as defined in thesealers and topcoats, as determined by the volatile organic plan required by R307-343-6(3)(c)(i). The daily average value shallcompound content of the finishing material in the reservoir, have be calculated as the average of all values for a monitored parameterbeen used during the semiannual reporting period. Additionally, recorded during the operating day.the certification shall state that the viscosity of the finishing (v) Each owner or operator of an affected source that compliesmaterial in the reservoir has not been less than the viscosity of the through the use of a catalytic incinerator equipped with a fluidizedinitial finishing material, that is, the material that is initially mixed catalyst bed shall maintain a constant pressure drop, measuredand placed in the reservoir, during the semiannual reporting period. monthly, across the catalyst bed.

(B) The compliance certification shall be signed by a (vi) An owner or operator using a control device not listed inresponsible official. R307-343-6(3)(c) shall submit to the executive secretary a

(C) An affected source is in violation of the standard when a description of the device, test data verifying the performance of thesample of the finishing material as applied exceeds the applicable device, and appropriate operating parameter values that will belimit established in R307-343-4(1)(a), (b), or (c), as determined monitored to demonstrate continuous compliance with the standard.using EPA Method 24 or an alternative or equivalent method, or the Use of this device to demonstrate compliance is subject to theviscosity of the finishing material in the reservoir is less than the executive secretary’s approval.viscosity of the initial finishing material. (d) Each owner or operator of an affected source subject to the

(c) Each owner or operator of an affected source subject to the work practice standards in R307-343-5 shall demonstrateprovisions of R307-343-4 that complies using a control system, continuous compliance by following the work practicecapture device or control device shall demonstrate continuous implementation plan and submitting a compliance certification withcompliance by installing, calibrating, maintaining, and operating the the semiannual report required by R307-343-9(3).appropriate monitoring equipment according to manufacturers (i) The compliance certification shall state that the workspecifications. practice implementation plan was followed, or should otherwise

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identify the periods of noncompliance with the work practice (i) Build a temporary total enclosure around the affectedstandards. emission points;

(ii) The compliance certification shall be signed by a (ii) Shut down all nonaffected volatile organic compoundresponsible official. emission points and continue to exhaust fugitive emissions from the

R307-343-7. Performance Test Methods.(1) The EPA Method 24 (40 CFR 60) shall be used to be vented through stacks suitable for testing; or

determine the volatile organic compound content and the solids (iii) Use another methodology approved by the executivecontent by weight of the finishing materials as supplied by the secretary provided it complies with the EPA criteria for acceptancemanufacturer. The owner or operator of the affected source may under 40 CFR Part 63, Appendix A, Method 301.request approval from the executive secretary to use an alternative (c) Operate the control system with all affected emissionor equivalent method for determining the volatile organic points connected and operating at maximum production rate;compound content of the finishing material. Batch formulation (d) Determine the efficiency of the control device usinginformation may be accepted by the executive secretary if the source Equation 4;demonstrates that a finishing material does not release volatile (e) Determine the efficiency of the capture system usingorganic compound reaction byproducts during the cure. If the EPA Equation 5;Method 24 value is higher than the source’s formulation data, the (f) Compliance is demonstrated if the overall controlEPA Method 24 test shall govern. Sampling procedures shall efficiency in Equation 6 is greater than or equal to the overallfollow the guidelines in "Standard Procedures for Collection of control efficiency calculated by Equation 3, in accordance withCoating and Ink Samples for volatile organic compound Content R307-343-6(2)(b)(i).Analysis by Reference Method 24 and Reference Method 24A," (5) An alternative to the compliance method presented in (4)EPA-340/1-91-010. above is the installation of a permanent total enclosure.

(2) Each owner or operator using a control system to (a) Each affected source that complies using a permanent totaldemonstrate compliance shall determine the overall control enclosure shall demonstrate that the total enclosure meets theefficiency of the control system as the product of the capture and following requirements:control device efficiencies, using the test methods cited in (3) below (i) The total area of all natural draft openings shall not exceedand the procedures in (4) or (5) below. five percent of the total surface area of the enclosure’s walls, floor,

(3) Each owner or operator using a control system shall and ceiling;demonstrate initial compliance using the procedures in (a) through (ii) All sources of emissions within the enclosure shall be a(f) below. minimum of four equivalent diameters away from each natural draft

(a) The EPA Method 18, 25, or 25A shall be used to opening;determine the volatile organic compound concentration of gaseous (iii) Average inward face velocity (FV) across all natural draftair streams. The test shall consist of three separate runs, each openings shall be a minimum of 3,600 meters per hour or 200 feetlasting a minimum of 30 minutes. per minute as determined by the following procedures:

(b) The EPA Method 1 or 1A shall be used for sample and (A) All forced makeup air ducts and all exhaust ducts arevelocity traverses. constructed so that the volumetric flow rate in each can be

(c) The EPA Method 2, 2A, 2C, or 2D shall be used to accurately determined by the test methods and procedures specifiedmeasure velocity and volumetric flow rates. in (3)(b) and (3)(c) above. Volumetric flow rates shall be

(d) The EPA Method 3 shall be used to analyze the exhaust calculated without the adjustment normally made for moisturegases. content; and

(e) The EPA Method 4 shall be used to measure the moisture (B) Determine face velocity by Equation 7:in the stack gas. (iv) All access doors and windows whose areas are not

(f) The EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be included as natural draft openings and are not included in theperformed, as applicable, at least twice during each test period. calculation of face velocity shall be closed during routine operation

(4) Each owner or operator using a control system to of the process.demonstrate compliance with R307-343 shall use the procedures in (b) Determine the control device efficiency using Equation 4,(a) through (f) below. and the test methods and procedures specified in R307-343-7(3).

(a) Construct the overall volatile organic compound control (c) For a permanent total enclosure, the capture efficiency insystem so that volumetric flow rates and volatile organic compound Equation 5 is equal to one.concentrations can be determined by the test methods specified in (d) For owners or operators using a control system to complyR307-343-7(3); with the provisions of R307-343, compliance is demonstrated if:

(b) Measure the capture efficiency from the affected emission (i) The capture efficiency of the enclosure is determined topoints by capturing, venting, and measuring all volatile organic equal one; andcompound emissions from the affected emission points. To (ii) The overall efficiency of the control system calculated bymeasure the capture efficiency of a capture device located in an area Equation 6 in accordance with (4) above is greater than or equal towith nonaffected volatile organic compound emission points, the the overall efficiency of the control system calculated by Equationaffected emission points shall be isolated from all other volatile 3 in accordance with R307-343-6(2)(b).organic compound sources by one of the following methods:

affected emission points through any building ventilation systemand other room exhausts such as drying ovens. All exhaust air must

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R307-343-8. Recordkeeping Requirements.(1) The owner or operator of an affected source subject to the following the compliance date.

emission limits in R307-343-4 shall maintain records of the (6) The owner or operator of an affected source shall maintainfollowing: a copy of all other information submitted with the initial status

(a) A certified product data sheet for each finishing material report required by R307-343-9(2) and the semiannual reportsand strippable booth coating subject to the emission limits in R307- required by R307-343-9(3).343-4; (7) The owner or operator of an affected source shall maintain

(b) The volatile organic compound content, kilograms of all records for a minimum of five years.volatile organic compound per kilogram of solids, as applied, ofeach finishing material and strippable booth coating subject to theemission limits in R307-343-4, and copies of data sheets (1) The owner or operator of an affected source using adocumenting how the as applied values were determined. control system to fulfill the requirements R307-343 is subject to

(2) The owner or operator of an affected source following the R307-214-2 in which the reporting requirements of 40 CFR Part 63,compliance procedures of R307-343-6(4)(b) shall maintain the subpart A are incorporated by reference; and to the followingrecords required by (1) above and records of solvent and finishing reporting requirements:material additions to the continuous coater reservoir and viscosity (2) The owner or operator of an affected source subject tomeasurements. R307-343 shall submit an initial compliance report no later than

(3) The owner or operator of an affected source following the April 5, 1999. The report shall include the items required by R307-compliance method of R307-343-6(2)(b) shall maintain the 343-6(3).following records: (3) The owner or operator of an affected source subject to

(a) Copies of the calculations to demonstrate that the control R307-343 and demonstrating compliance in accordance with R307-system achieves emission control equivalent to the requirements of 343-6(2)(a) or (b) shall submit a semiannual report covering theR307-343-4(1)(a) or (b), as well as the data that are necessary to previous six months of wood furniture manufacturing operationssupport the calculation of the emission limit in Equation 3 and the according to the following schedule:calculation of overall control efficiency in Equation 6; (a) The first report shall be submitted no later than July 7,

(b) Records of the daily average value of each continuously 1999.monitored parameter for each operating day. If all recorded values (b) Subsequent reports shall be submitted no later thanfor a monitored parameter are within the range established during January 7 and July 7 each year thereafter.the initial performance test, the owner or operator may record that (c) Each semiannual report shall include the informationall values were within the range rather than calculating and required by R307-343-6(4), a statement of whether the affectedrecording an average for that day; and source was in compliance or noncompliance. If the affected source

(c) Records of the pressure drop across the catalyst bed for was not in compliance, the measures taken to bring the affectedsources complying with the emission limitations using a catalytic source into compliance shall be reported.incinerator with a fluidized catalyst bed.

(4) The owner or operator of an affected source subject to thework practice standards in R307-343-5 shall maintain onsite thework practice implementation plan and all records associated withfulfilling the requirements of that plan, including:

(a) Records demonstrating that the operator training programis in place;

(b) Records maintained in accordance with the inspection andmaintenance plan;

(c) Records associated with the cleaning solvent accountingsystem;

(d) Records associated with the limitation on the use ofconventional air spray guns showing total finishing material usageand the percentage of finishing materials applied with conventionalair spray guns for each semiannual reporting period;

(e) Records showing the volatile organic compound contentof compounds used for cleaning booth components, except forsolvent used to clean conveyors, continuous coaters and theirenclosures, or metal filters; and

(f) Copies of logs and other documentation to demonstratethat the other provisions of the work practice implementation planare followed.

(5) In addition to the records required by R307-343-8(1) ofthis section, the owner or operator of an affected source thatcomplies using the provisions of R307-343-6(2)(a) or R307-343-5shall maintain a copy of the compliance certifications submitted in

accordance with R307-343-9(3) for each semiannual period

R307-343-9. Reporting Requirements.

KEY: air pollution, ozone, wood furniture*, coatings*1999 19-2-104(1)(a)

19-2-104(3)(e)

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R313-12-3

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21684FILED: 11/18/1998, 16:19

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: Tomaintain rules which are compatible with 10 CFR 71 and toadd clarity to existing requirements.

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DAR File No. 21684 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 27

SUMMARY OF THE RULE OR CHANGE: The revisions relate to thedeletion and addition of definitions or revision of existingdefinitions in Section R313-12-3 to reflect the changes inSection R313-19-100.(DAR Note: The proposed amendment to R313-19 is underDAR No. 21686 in this Bulletin.)

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Sections 19-3-104 and 19-3-108

THIS RULE OR CHANGE INCORPORATES BY REFERENCE THEFOLLOWING MATERIAL: 10 CFR 71, January 1, 1998

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: Changes in the rule will not affect theinspection process so there will be no cost or savings impacton the state budget.ïLOCAL GOVERNMENTS: Changes in the rule do not affectlocal governments; therefore, there will be no cost or savingsimpact.ïOTHER PERSONS: Changes in the rule will not affect otherpersons; therefore, there will be no cost or savings impact.COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule changewill have no compliance costs for affected persons.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: The rulemaking will haveno new fiscal impact on businesses since the changes relateto definitions for Section R313-19-100.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT: "Airborne radioactivity area" means: a room, enclosure, or

Environmental QualityRadiation ControlState of Utah Office Park, Bldg. 2168 North 1950 WestPO Box 144850Salt Lake City, UT 84114-4850, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Susan Giddings at the above address, by phone at (801)536-4250, by FAX at (801) 533-4097, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 03/12/1999

AUTHORIZED BY: William J. Sinclair, Executive Secretary

R313. Environmental Quality, Radiation Control.R313-12. General Provisions.R313-12-3. Definitions.

As used in these rules, these terms shall have the definitions setforth below. Additional definitions used only in a certain chapterwill be found in that chapter.

"A " means the maximum activity of special form radioactive1

material permitted in a Type A package."A " means the maximum activity of radioactive material, other2

than special form radioactive material, low specific activity, andsurface contaminated object material permitted in a Type Apackage. These values are either listed in 10 CFR 71, Appendix A,which is incorporated by reference in R313-19-100[, Table 4,] ormay be derived in accordance with the procedures prescribed in 10CFR 71, Appendix A, which is incorporated by reference in R313-19-100[(19)].

"Absorbed dose" means the energy imparted by ionizingradiation per unit mass of irradiated material. The units of absorbeddose are the gray (Gy) and the rad.

"Accelerator produced material" means a material maderadioactive by a particle accelerator.

"Act" means Utah Radiation Control Act, Title 19, Chapter 3."Activity" means the rate of disintegration or transformation or

decay of radioactive material. The units of activity are thebecquerel (Bq) and the curie (Ci).

"Adult" means an individual 18 or more years of age."Address of use" means the building that is identified on the

license and where radioactive material may be received, used orstored.

"Agreement State" means a state with which the United StatesNuclear Regulatory Commission has entered into an effectiveagreement under Section 274 b. of the Atomic Energy Act of 1954,as amended (73 Stat. 689).

"Airborne radioactive material" means a radioactive materialdispersed in the air in the form of dusts, fumes, particulates, mists,vapors, or gases.

area in which airborne radioactive material exists in concentrations:(a) In excess of the derived air concentrations (DACs),

specified in R313-15, or(b) To such a degree that an individual present in the area

without respiratory protective equipment could exceed, during thehours an individual is present in a week, an intake of 0.6 percent ofthe annual limit on intake (ALI), or 12 DAC hours.

"As low as reasonably achievable" (ALARA) means makingevery reasonable effort to maintain exposures to radiation as farbelow the dose limits as is practical, consistent with the purpose forwhich the licensed or registered activity is undertaken, taking intoaccount the state of technology, the economics of improvements inrelation to state of technology, the economics of improvements inrelation to benefits to the public health and safety, and other societaland socioeconomic considerations, and in relation to utilization ofnuclear energy and licensed or registered sources of radiation in thepublic interest.

"Area of use" means a portion of an address of use that hasbeen set aside for the purpose of receiving, using, or storingradioactive material.

"Background radiation" means radiation from cosmic sources;naturally occurring radioactive materials, including radon, exceptas a decay product of source or special nuclear material, andincluding global fallout as it exists in the environment from thetesting of nuclear explosive devices. "Background radiation" doesnot include sources of radiation from radioactive materials regulatedby the Department under the Radiation Control Act or Rules.

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NOTICES OF PROPOSED RULES DAR File No. 21684

28 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

"Becquerel" (Bq) means the SI unit of activity. One becquerel "Deep dose equivalent" (H ), which applies to external wholeis equal to one disintegration or transformation per second. body exposure, means the dose equivalent at a tissue depth of one

"Bioassay" means the determination of kinds, quantities or centimeter (1000 mg/cm ).concentrations, and in some cases, the locations of radioactive "Department" means the Utah State Department ofmaterial in the human body, whether by direct measurement, in vivo Environmental Quality.counting, or by analysis and evaluation of materials excreted or "Depleted uranium" means the source material uranium inremoved from the human body. For purposes of these rules, which the isotope uranium-235 is less than 0.711 weight percent of"radiobioassay" is an equivalent term. the total uranium present. Depleted uranium does not include

"Board" means the Radiation Control Board created under special nuclear material.Section 19-1-106. "Dose" is a generic term that means absorbed dose, dose

"Byproduct material" means: equivalent, effective dose equivalent, committed dose equivalent,(a) a radioactive material, with the exception of special committed effective dose equivalent, or total effective dose

nuclear material, yielded in or made radioactive by exposure to the equivalent. For purposes of these rules, "radiation dose" is anradiation incident to the process of producing or utilizing special equivalent term.nuclear material; and "Dose equivalent" (H ), means the product of the absorbed

(b) the tailings or wastes produced by the extraction or dose in tissue, quality factor, and other necessary modifying factorsconcentration of uranium or thorium from any ore processed at the location of interest. The units of dose equivalent are theprimarily for its source material content, including discrete surface sievert (Sv) and rem.wastes resulting from uranium or thorium solution extraction "Dose limits" means the permissible upper bounds of radiationprocesses. Underground ore bodies depleted by these solution doses established in accordance with these rules. For purpose ofextraction operations do not constitute "byproduct material" within these rules, "limits" is an equivalent term.this definition. "Effective dose equivalent" (H ), means the sum of the

"Calendar quarter" means not less than 12 consecutive weeks products of the dose equivalent to each organ or tissue (H ), and thenor more than 14 consecutive weeks. The first calendar quarter of weighting factor (w ,) applicable to each of the body organs orthe year shall begin in January, and subsequent calendar quarters tissues that are irradiated.shall be arranged so that no day is included in more than one "Embryo/fetus" means the developing human organism fromcalendar quarter and no day in any one year is omitted from conception until the time of birth.inclusion within a calendar quarter. The method observed by the "Entrance or access point" means an opening through which anlicensee or registrant for determining calendar quarters shall only be individual or extremity of an individual could gain access tochanged at the beginning of a year. radiation areas or to licensed or registered radioactive materials.

"Calibration" means the determination of: This includes entry or exit portals of sufficient size to permit human(a) the response or reading of an instrument relative to a series entry, irrespective of their intended use.

of known radiation values over the range of the instrument; or "Executive Secretary" means the executive secretary of the(b) the strength of a source of radiation relative to a standard. board."CFR" means Code of Federal Regulations. "Explosive material" means a chemical compound, mixture, or"Chelating agent" means a chemical ligand that can form device which produces a substantial instantaneous release of gas

coordination compounds in which the ligand occupies more than and heat spontaneously or by contact with sparks or flame.one coordination position. The agents include beta diketones, "EXPOSURE" when capitalized, means the quotient of dQ bycertain proteins, amine polycarboxylic acids, hydroxycarboxylic dm where "dQ" is the absolute value of the total charge of the i onsacids, gluconic acid, and polycarboxylic acids. of one sign produced in air when all the electrons, both negatrons

"Collective dose" means the sum of the individual doses and positrons, liberated by photons in a volume element of airreceived in a given period of time by a specified population from having a mass of "dm" are completely stopped in air. The specialexposure to a specified source of radiation. unit of EXPOSURE is the roentgen (R). See R313-12-20 Units of

"Committed dose equivalent" (H ), means the dose exposure and dose for the SI equivalent. For purposes of theseT,50

equivalent to organs or tissues of reference (T), that will be received rules, this term is used as a noun.from an intake of radioactive material by an individual during the "Exposure" when not capitalized as the above term, means50-year period following the intake. being exposed to ionizing radiation or to radioactive material. For

"Committed effective dose equivalent" (H ), is the sum of the purposes of these rules, this term is used as a verb.E,50

products of the weighting factors applicable to each of the body "EXPOSURE rate" means the EXPOSURE per unit of time,organs or tissues that are irradiated and the committed dose such as roentgen per minute and milliroentgen per hour.equivalent to each of these organs or tissues. "External dose" means that portion of the dose equivalent

"Controlled area" means an area, outside of a restricted area received from a source of radiation outside the body.but inside the site boundary, access to which can be limited by the "Extremity" means hand, elbow, arm below the elbow, foot,licensee or registrant for any reason. knee, and leg below the knee.

"Curie" means a unit of measurement of activity. One curie "Eye dose equivalent" means the external dose equivalent to(Ci) is that quantity of radioactive material which decays at the rate the lens of the eye at a tissue depth of 0.3 centimeter (300 mg/cm ).of 3.7 x 10 disintegrations or transformations per second (dps or "Former United States Atomic Energy Commission (AEC) or10

tps). United States Nuclear Regulatory Commission (NRC) licensed

d

2

T

E

T

T

2

facilities" means nuclear reactors, nuclear fuel reprocessing plants,

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DAR File No. 21684 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 29

uranium enrichment plants, or critical mass experimental facilities ascertains whether a State has an effective program for control ofwhere AEC or NRC licenses have been terminated. natural occurring or accelerator produced radioactive material

"Generally applicable environmental radiation standards" (NARM). The Conference will designate as Licensing States thosemeans standards issued by the U.S. Environmental Protection states with regulations for control of radiation relating to, and anAgency under the authority of the Atomic Energy Act of 1954, as effective program for, the regulatory control of NARM.amended, that impose limits on radiation exposures or levels, or "Limits". See "Dose limits".concentrations or quantities of radioactive material, in the general "Lost or missing source of radiation" means licensed orenvironment outside the boundaries of locations under the control registered sources of radiation whose location is unknown. Thisof persons possessing or using radioactive material. definition includes, but is not limited to, radioactive material that

"Gray" (Gy) means the SI unit of absorbed dose. One gray is has been shipped but has not reached its planned destination andequal to an absorbed dose of one joule per kilogram. whose location cannot be readily traced in the transportation

"Hazardous waste" means those wastes designated as system.hazardous by the U.S. Environmental Protection Agency rules in 40 "Major processor" means a user processing, handling, orCFR Part 261. manufacturing radioactive material exceeding Type A quantities as

"Healing arts" means the disciplines of medicine, dentistry, unsealed sources or material, or exceeding four times Type Bosteopathy, chiropractic, and podiatry. quantities as sealed sources, but does not include nuclear medicine

"High radiation area" means an area, accessible to individuals, programs, universities, industrial radiographers, or small industrialin which radiation levels could result in an individual receiving a programs. Type A and B quantities are defined in 10 CFR 71.4.dose equivalent in excess of one mSv (0.1 rem), in one hour at 30 "Member of the public" means an individual except when thatcentimeters from a source of radiation or from a surface that the individual is receiving an occupational dose.radiation penetrates. For purposes of these rules, rooms or areas in "Minor" means an individual less than 18 years of age.which diagnostic x-ray systems are used for healing arts purposes "Monitoring" means the measurement of radiation, radioactiveare not considered high radiation areas. material concentrations, surface area activities or quantities of

"Human use" means the intentional internal or external radioactive material, and the use of the results of theseadministration of radiation or radioactive material to human beings. measurements to evaluate potential exposures and doses. For

"Individual" means a human being. purposes of these rules, radiation monitoring and radiation"Individual monitoring" means the assessment of: protection monitoring are equivalent terms.(a) dose equivalent, by the use of individual monitoring "NARM" means a naturally occurring or accelerator-produced

devices or, by the use of survey data; or radioactive material. It does not include byproduct, source or(b) committed effective dose equivalent by bioassay or by special nuclear material.

determination of the time weighted air concentrations to which an "NORM" means a naturally occurring radioactive material.individual has been exposed, that is, DAC-hours. "Natural radioactivity" means radioactivity of naturally

"Individual monitoring devices" means devices designated to occurring nuclides.be worn by a single individual for the assessment of dose "Nuclear Regulatory Commission" (NRC) means the U.S.equivalent. For purposes of these rules, individual monitoring Nuclear Regulatory Commission or its duly authorizedequipment and personnel monitoring equipment are equivalent representatives.terms. Examples of individual monitoring devices are film badges, "Occupational dose" means the dose received by an individualthermoluminescent dosimeters (TLD’s), pocket ionization chambers, in the course of employment in which the individual’s assignedand personal air sampling devices. duties for the licensee or registrant involve exposure to sources of

"Inspection" means an official examination or observation radiation, whether or not the sources of radiation are in theincluding, but not limited to, tests, surveys, and monitoring to possession of the licensee, registrant, or other person. Occupationaldetermine compliance with rules, orders, requirements and dose does not include doses received from background radiation,conditions applicable to radiation sources. from any medical administration the individual has received, from

"Interlock" means a device arranged or connected requiring the exposure to individuals administered radioactive material andoccurrence of an event or condition before a second condition can released in accordance with R313-32-75, from voluntaryoccur or continue to occur. participation in medical research programs, or as a member of the

"Internal dose" means that portion of the dose equivalent public.received from radioactive material taken into the body. "Package" means the packaging together with its radioactive

"License" means a license issued by the Executive Secretary in contents as presented for transport.accordance with the rules adopted by the Board. "Particle accelerator" means a machine capable of accelerating

"Licensee" means a person who is licensed by the Department electrons, protons, deuterons, or other charged particles in a vacuumin accordance with these rules and the Act. and of discharging the resultant particulate or other radiation into

"Licensed or registered material" means radioactive material, a medium at energies usually in excess of one MeV.received, possessed, used or transferred or disposed of under a "Person" means an individual, corporation, partnership, firm,general or specific license issued by the Executive Secretary. association, trust, estate, public or private institution, group, agency,

"Licensing state" means a state which has been provisionally political subdivision of this state, or another state or politicalor finally designated as such by the Conference of Radiation subdivision or agency thereof, and a legal successor, representative,Control Program Directors, Inc., which reviews state regulations to agent or agency of the foregoing.establish equivalency with the Suggested State Regulations and

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NOTICES OF PROPOSED RULES DAR File No. 21684

30 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

"Personnel monitoring equipment," see individual monitoring "Radiation machine" means a device capable of producingdevices. radiation except those devices with radioactive material as the only

"Pharmacist" means an individual licensed by this state to source of radiation.practice pharmacy. See Sections 58-17-1 through 58-17-27. "Radiation safety officer" means an individual who has the

"Physician" means an individual licensed by this state to knowledge and responsibility to apply appropriate radiationpractice medicine and surgery in all its branches. See Sections 58- protection rules and has been assigned such responsibility by the12-26 through 58-12-43. licensee or registrant.

"Practitioner" means an individual licensed by this state in the "Radiation source." See "Source of radiation."practice of a healing art. Examples would be, physician, dentist, "Radioactive material" means a solid, liquid, or gas whichpodiatrist, osteopath, and chiropractor. emits radiation spontaneously.

"Protective apron" means an apron made of radiation- "Radioactivity" means the transformation of unstable atomicattenuating materials used to reduce exposure to radiation. nuclei by the emission of radiation.

"Public dose" means the dose received by a member of the "Radiobioassay". See "Bioassay".public from sources of radiation from licensed or registered "Registrant" means any person who is registered with respectoperations. Public dose does not include occupational dose or doses to radioactive materials or radiation machines with the Executivereceived from background radiation, from any medical Secretary or is legally obligated to register with the Executiveadministration the individual has received, from exposure to Secretary pursuant to these rules and the Act.individuals administered radioactive material and released in "Registration" means registration with the Department inaccordance with R313-32-75, or from voluntary participation in accordance with the rules adopted by the Board.medical research programs. "Regulations of the U.S. Department of Transportation" means

"Pyrophoric material" means any liquid that ignites 49 CFR 100 through 189.spontaneously in dry or moist air at or below 130 degrees "Rem" means the special unit of any of the quantitiesFahrenheit (54.4 degrees Celsius) or any solid material, other than expressed as dose equivalent. The dose equivalent in rem is equalone classed as an explosive, which under normal conditions is liable to the absorbed dose in rad multiplied by the quality factor. Oneto cause fires through friction, retained heat from manufacturing or rem equals 0.01 sievert (Sv).processing, or which can be ignited and, when ignited, burns so "Research and development" means:vigorously and persistently as to create a serious transportation, (a) theoretical analysis, exploration, or experimentation; orhandling, or disposal hazard. Included are spontaneously (b) the extension of investigative findings and theories of acombustible and water-reactive materials. scientific or technical nature into practical application for[ "Qualified expert" means an individual having the knowledge experimental and demonstration purposes, including theand training to measure ionizing radiation, to evaluate safety experimental production and testing of models, devices, equipment,techniques, and to advise regarding radiation protection needs, for materials, and processes. Research and development does notexample, individuals certified in the appropriate field by the include the internal or external administration of radiation orAmerican Board of Radiology or the American Board of Health radioactive material to human beings.Physics, or those having equivalent qualifications. With reference "Restricted area" means an area, access to which is limited byto the calibration of radiation therapy equipment, an individual the licensee or registrant for the purpose of protecting individualshaving, in addition to the above qualifications, training and against undue risks from exposure to sources of radiation. Aexperience in the clinical applications of radiation physics to "Restricted area" does not include areas used as residential quarters,radiation therapy, for example, individuals certified in Therapeutic but separate rooms in a residential building may be set apart as aRadiological Physics or X-Ray and Radium Physics by the restricted area.American Board of Radiology, or those having equivalent "Roentgen" (R) means the special unit of EXPOSURE. Onequalifications.] roentgen equals 2.58 x 10 coulombs per kilogram of air. See

"Quality factor" (Q) means the modifying factor, listed in EXPOSURE.Tables 1 and 2 of R313-12-20 that is used to derive dose equivalent "Sealed source" means radioactive material that is permanentlyfrom absorbed dose. bonded or fixed in a capsule or matrix designed to prevent release

"Rad" means the special unit of absorbed dose. One rad is and dispersal of the radioactive material under the most severeequal to an absorbed dose of 100 erg per gram or 0.01 joule per conditions which are likely to be encountered in normal use andkilogram handling.

"Radiation" means alpha particles, beta particles, gamma rays, "Shallow dose equivalent" (H ) which applies to the externalx-rays, neutrons, high speed electrons, high speed protons, and exposure of the skin or an extremity, means the dose equivalent atother particles capable of producing ions. For purposes of these a tissue depth of 0.007 centimeter (seven mg per cm ), averagedrules, ionizing radiation is an equivalent term. Radiation, as used over an area of one square centimeter.in these rules, does not include non-ionizing radiation, like "SI" means an abbreviation of the International System ofradiowaves or microwaves, visible, infrared, or ultraviolet light. Units.

"Radiation area" means an area, accessible to individuals, in "Sievert" (Sv) means the SI unit of any of the quantitieswhich radiation levels could result in an individual receiving a dose expressed as dose equivalent. The dose equivalent in sievert isequivalent in excess of 0.05 mSv (0.005 rem), in one hour at 30 equal to the absorbed dose in gray multiplied by the quality factor.centimeters from the source of radiation or from a surface that the One Sv equals 100 rem.radiation penetrates.

-4

s

2

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DAR File No. 21684 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 31

"Site boundary" means that line beyond which the land or "Survey" means an evaluation of the radiological conditionsproperty is not owned, leased, or otherwise controlled by the and potential hazards incident to the production, use, transfer,licensee or registrant. release, disposal, or presence of sources of radiation. When

"Source container" means a device in which sealed sources are appropriate, such evaluation includes, but is not limited to, tests,transported or stored. physical examinations and measurements of levels of radiation or

"Source material" means: concentrations of radioactive material present.(a) uranium or thorium, or any combination thereof, in any "Test" means the process of verifying compliance with an

physical or chemical form, or applicable rule.(b) ores that contain by weight one-twentieth of one percent "These rules" means "Utah Radiation Control Rules".

(0.05 percent), or more of, uranium, thorium, or any combination "Total effective dose equivalent" (TEDE) means the sum of theof uranium and thorium. Source material does not include special deep dose equivalent for external exposures and the committednuclear material. effective dose equivalent for internal exposures.

"Source material milling" means any activity that results in the "Total organ dose equivalent" (TODE) means the sum of theproduction of byproduct material as defined by (b) of "byproduct deep dose equivalent and the committed dose equivalent to thematerial". organ receiving the highest dose as described in R313-15-

"Source of radiation" means any radioactive material, or a 1107(1)(f).device or equipment emitting or capable of producing ionizing "U.S. Department of Energy" means the Department of Energyradiation. established by Public Law 95-91, August 4, 1977, 91 Stat. 565, 42

"Special form radioactive material" means radioactive material U.S.C. 7101 et seq., to the extent that the Department exerciseswhich satisfies the following conditions: functions formerly vested in the U.S. Atomic Energy Commission,

(a) it is either a single solid piece or is contained in a sealed its Chairman, members, officers and components and transferred tocapsule that can be opened only by destroying the capsule; the U.S. Energy Research and Development Administration and to

(b) the piece or capsule has at least one dimension not less the Administrator thereof pursuant to sections 104(b), (c), and (d)than five millimeters (0.197 inch); and of Public Law 93-438, October 11, 1974, 88 Stat. 1233 at 1237,

(c) it satisfies the test requirements specified by the U.S. effective January 19, 1975 known as the Energy Reorganization ActNuclear Regulatory Commission in 10 CFR 71.75. A special form of 1974, and retransferred to the Secretary of Energy pursuant toencapsulation designed in accordance with the U.S. Nuclear section 301(a) of Public Law 95-91, August 14, 1977, 91 Stat. 565Regulatory Commission requirements in effect on June 30, 1983, at 577-578, 42 U.S.C. 7151, effective October 1, 1977 known as theand constructed prior to July 1, 1985, may continue to be used. A Department of Energy Organization Act.special form encapsulation [either ]designed [or constructed after "Unrefined and unprocessed ore" means ore in its natural formJune 30, 1985, shall meet requirements of this definition applicable prior to processing, like grinding, roasting, beneficiating or refining.at the time of its design or construction]in accordance with the "Unrestricted area" means an area, to which access is neitherrequirements of Section 71.4 in effect on March 31, 1996, (see 10 limited nor controlled by the licensee or registrant. For purposes ofCFR 71 revised January 1, 1983), and constructed before April 1, these rules, "uncontrolled area" is an equivalent term.1998, may continue to be used. Any other special form "Waste" means those low-level radioactive wastes that areencapsulation must meet the specifications of this definition. acceptable for disposal in a land disposal facility. For the purposes

"Special nuclear material" means: of this definition, low-level waste has the same meaning as in the(a) plutonium, uranium-233, uranium enriched in the isotope Low-Level Radioactive Waste Policy Act, P.L. 96-573, as amended

233 or in the isotope 235, and other material that the U.S. Nuclear by P.L. 99-240, effective January 15, 1986; that is, radioactiveRegulatory Commission, pursuant to the provisions of section 51 of waste:the Atomic Energy Act of 1954, as amended, determines to be (a) not classified as high-level radioactive waste, spent nuclearspecial nuclear material, but does not include source material; or fuel, or byproduct material as defined in Section 11e.(2) of the

(b) any material artificially enriched by any of the foregoing Atomic Energy Act (uranium or thorium tailings and waste) andbut does not include source material. (b) classified by the U.S. Nuclear Regulatory Commission as

"Special nuclear material in quantities not sufficient to form a low-level radioactive waste consistent with existing law and incritical mass" means uranium enriched in the isotope U-235 in accordance with (a) above.quantities not exceeding 350 grams of contained U-235; uranium- "Waste collector licensees" means persons licensed to receive233 in quantities not exceeding 200 grams; plutonium in quantities and store radioactive wastes prior to disposal or persons licensed tonot exceeding 200 grams or a combination of them in accordance dispose of radioactive waste.with the following formula: For each kind of special nuclear "Week" means seven consecutive days starting on Sunday.material, determine the ratio between the quantity of that special "Whole body" means, for purposes of external exposure, head,nuclear material and the quantity specified above for the same kind trunk including male gonads, arms above the elbow, or legs aboveof special nuclear material. The sum of such ratios for all of the the knees.kinds of special nuclear material in combination shall not exceed "Worker" means an individual engaged in work under a licenseone. For example, the following quantities in combination would or registration issued by the Executive Secretary and controlled bynot exceed the limitation and are within the formula: a licensee or registrant, but does not include the licensee or

((175(Grams contained U-235)/350) + (50(Grams U-233/200) registrant.+ (50(Grams Pu)/200)) is equal to one.

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NOTICES OF PROPOSED RULES DAR File No. 21685

32 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

"Working level" (WL), means any combination of short-livedradon daughters in one liter of air that will result in the ultimateemission of 1.3 x 10 MeV of potential alpha particle energy. The5

short-lived radon daughters are, for radon-222: polonium-218,lead-214, bismuth-214, and polonium-214; and for radon 220:polonium-216, lead-212, bismuth-212, and polonium-212.

"Working level month" (WLM), means an exposure to oneworking level for 170 hours. 2,000 working hours per year dividedby 12 months per year is approximately equal to 170 hours permonth.

"Year" means the period of time beginning in January used todetermine compliance with the provisions of these rules. Thelicensee or registrant may change the starting date of the year usedto determine compliance by the licensee or registrant provided thatthe decision to make the change is made not later than December 31of the previous year. If a licensee or registrant changes in a year,the licensee or registrant shall assure that no day is omitted orduplicated in consecutive years.

KEY: definitions, units, inspections, exemptions[March 20, 1998]1999 19-3-104Notice of Continuation March 26, 1997 19-3-108

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R313-15-906

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21685FILED: 11/18/1998, 16:19

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: Tomaintain rules which are compatible with 10 CFR 71 and toadd clarity to existing requirements.

SUMMARY OF THE RULE OR CHANGE: The revisions relate tonumber changes to reflect the change in Section R313-19-100 (which incorporates parts of 10 CFR 71 by reference).(DAR Note: The proposed amendment to R313-19 is underDAR No. 21686 in this Bulletin.)

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Sections 19-3-104 and 19-3-108

THIS RULE OR CHANGE INCORPORATES BY REFERENCE THEFOLLOWING MATERIAL: 10 CFR 71, January 1, 1998

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: Changes in the rule will not affect theinspection process so there will be no cost or savings impacton the state budget.ïLOCAL GOVERNMENTS: Changes in the rule do not affectlocal governments; therefore, there will be no cost or savingsimpact.ïOTHER PERSONS: Changes in the rule will not affect otherpersons and therefore, there will be no cost or savingsimpact.COMPLIANCE COSTS FOR AFFECTED PERSONS: The rule changewill have no compliance costs for affected persons.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: The rulemaking will haveno new fiscal impact on businesses.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Environmental QualityRadiation ControlState of Utah Office Park, Bldg. 2168 North 1950 WestPO Box 144850Salt Lake City, UT 84114-4850, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Susan Giddings at the above address, by phone at (801)536-4250, by FAX at (801) 533-4097, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 03/12/1999

AUTHORIZED BY: William J. Sinclair, Executive Secretary

R313. Environmental Quality, Radiation Control.R313-15. Standards for Protection Against Radiation.R313-15-906. Procedures for Receiving and Opening Packages.

(1) Each licensee or registrant who expects to receive apackage containing quantities of radioactive material in excess of aType A quantity, as [defined]used in Section [R313-19-4 andSubsection ]R313-19-100[(19)], which incorporates 10 CFR 71.4by reference, shall make arrangements to receive:

(a) The package when the carrier offers it for delivery; or(b) The notification of the arrival of the package at the

carrier’s terminal and to take possession of the packageexpeditiously.

(2) Each licensee or registrant shall:(a) Monitor the external surfaces of a labeled package for

radioactive contamination unless the package contains onlyradioactive material in the form of gas or in special form as definedin Section R313-12-3; and

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DAR File No. 21686 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 33

(b) Monitor the external surfaces of a labeled package forradiation levels unless the package contains quantities of radioactivematerial that are less than or equal to the Type A quantity, as[defined]used in Section [R313-19-4 and Subsection ]R313-19-100[(19)], which incorporates 10 CFR 71.4 by reference; and

(c) Monitor all packages known to contain radioactivematerial for radioactive contamination and radiation levels if thereis evidence of degradation of package integrity, such as packagesthat are crushed, wet, or damaged.

(3) The licensee or registrant shall perform the monitoringrequired by Subsection R313-15-906(2) as soon as practical afterreceipt of the package, but not later than three hours after thepackage is received at the licensee’s or registrant’s facility if it isreceived during the licensee’s or registrant’s normal working hoursor if there is evidence of degradation of package integrity, such asa package that is crushed, wet, or damaged. If a package is receivedafter working hours, and has no evidence of degradation of packageintegrity, the package shall be monitored no later than three hoursfrom the beginning of the next working day.

(4) The licensee or registrant shall immediately notify the finaldelivery carrier and, by telephone and telegram, mailgram, orfacsimile, the Executive Secretary when:

(a) Removable radioactive surface contamination exceeds thelimits of [Subs]Section R313-19-100 which incorporates 10 CFR71.87(i) by reference[(13)(h)]; or

(b) External radiation levels exceed the limits of[Subs]Section[s] R313-19-100 which incorporates 10 CFR 71.47by reference[(13)(i) and R313-19-100(13)(j)].

(5) Each licensee or registrant shall:(a) Establish, maintain, and retain written procedures for

safely opening packages in which radioactive material is received;and

(b) Ensure that the procedures are followed and that dueconsideration is given to special instructions for the type of packagebeing opened.

(6) Licensees or registrants transferring special form sourcesin vehicles owned or operated by the licensee or registrant to andfrom a work site are exempt from the contamination monitoringrequirements of Subsection R313-15-906(2), but are not exemptfrom the monitoring requirement in Subsection R313-15-906(2) formeasuring radiation levels that ensures that the source is stillproperly lodged in its shield.

KEY: radioactive material, contamination, waste disposal,safety[March 20, 1998]1999 19-3-104Notice of Continuation April 30, 1998 19-3-108

ñ ñ

R313-19

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21686FILED: 11/18/1998, 16:19

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: Tomaintain rules which are compatible with 10 CFR 71, 10 CFR30, and to add clarity to existing requirements.

SUMMARY OF THE RULE OR CHANGE: The revisions relate todefinitions (Section R313-19-4), exemption of capsulescontaining carbon-14 urea for "in vivo" human diagnostic use(Section R313-19-13); and the transportation of radioactivematerial (Section R313-19-100). The changes to thetransportation of radioactive materials are as follows: theexpansion of the radionuclide list and changes inradionuclide limits; inclusion of criteria used to ship plutoniumby air; and revision of requirements for low specific activitymaterials.

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Sections 19-3-104 and 19-3-108

THIS RULE OR CHANGE INCORPORATES BY REFERENCE THEFOLLOWING MATERIAL: 10 CFR 71, January 1, 1998

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: Changes in the rule will not affect theinspection process so there will be no cost or savings impacton the state budget.ïLOCAL GOVERNMENTS: Changes in the rule do not affectlocal governments; therefore, there will be no cost or savingsimpact.ïOTHER PERSONS: Changes in the exemption section of therule will affect other persons. There will be a savings impactfor persons who need medical diagnostic testing for pepticulcers. The exemption of carbon-14 urea for "in vivo" humandiagnostic use gives doctors a less expensive option fordiagnosing the presence of the bacterium "Helicobacterpylori" which causes peptic ulcers. The average cost of thetest is $100. In the past, this was done through anendoscopic procedure at an average cost of $1,000 per test.Changes in the exemption section of the rule would alsoresult in a reduced cost to patients from medical referrals.Physicians who are not authorized users on a radioactivematerial license would be able to administer the test to theirpatients. The exemption would eliminate the need forreferrals to an authorized user and therefore, reduce the costassociated with travel and personal time to the patient. If itis assumed that a round trip of 20 miles at $0.25 per mile andpersonal time of 0.5 hours per trip valued at $25 per hourwould be incurred by a patient from a medical referral, theexemption would result in a $17.50 per hour savings to thepatient. The changes in the definition and transportationsections of the rule would not have an affect upon otherpersons. Therefore, there will be no cost or savings impact.COMPLIANCE COSTS FOR AFFECTED PERSONS: Changes in thedefinition section of the rule will not have a cost or savingsimpact on the licensee. Changes in the exemption section of

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NOTICES OF PROPOSED RULES DAR File No. 21686

34 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

the rule will result in the elimination of compliance costsassociated with licensing. The elimination of compliance costassociated with licensing (category (7)(b) other licenses forhuman use of radioactive material) would result in a savingsof $700 for affected persons. Changes in the transportationsection of the rule may have a potential cost or savingsimpact on the licensee depending on the following: whetherthe licensee transports radioactive material affected by theexpansion of the radionuclide list and modification of itslimits; whether the licensee ships plutonium by air; andwhether the licensee transports low specific activity materials.The cost or savings impact would have to be accessed by theindividual licensee based upon the above relatedtransportation requirements for the type and amount ofradioactive material that the licensee transports.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: The rulemaking will haveno new fiscal impact on businesses. The overall impact willbe the elimination of regulation for individuals who fall underthe exemption in Section R313-19-13.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Environmental QualityRadiation ControlState of Utah Office Park, Bldg. 2168 North 1950 WestPO Box 144850Salt Lake City, UT 84114-4850, or criticality safety control during transportation. Individual packagesat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Susan Giddings at the above address, by phone at (801)536-4250, by FAX at (801) 533-4097, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 03/12/1999

AUTHORIZED BY: William J. Sinclair, Executive Secretary

R313. Environmental Quality, Radiation Control.R313-19. Requirements of General Applicability to Licensingof Radioactive Material.[R313-19-4. Definitions.

As used in R313-19:"Carrier" means a person engaged in the transportation of

passengers or property by land or water as a common, contract, orprivate carrier, or by civil aircraft.

"Closed transport vehicle" means a transport vehicle equippedwith a securely attached exterior enclosure that during normaltransportation restricts the access of unauthorized persons to thecargo space containing the radioactive material. The enclosure maybe either temporary or permanent but shall limit access from top,

sides, and ends. In the case of packaged materials, it may be of the"see-through" type.

"Containment System" means the components of the packagingintended to retain the radioactive material during transport.

"Conveyance" means any vehicle, aircraft, vessel, freightcontainer, or hold, compartment, or defined deck area of an inlandwaterway craft or seagoing vessel.

"Exclusive use", also referred to in other rules as "sole use" or"full load", means the sole use of conveyance by a single consignorand for which all initial, intermediate, and final loading andunloading are carried out in accordance with the direction of theconsignor or consignee.

"Fissile material" means any special nuclear materialconsisting of or containing one or more fissile radionuclides.Fissile radionuclides are plutonium-238, plutonium-239,plutonium-241, uranium-233, and uranium-235. Neither naturalnor depleted uranium is fissile material. Board jurisdiction extendsonly to special nuclear material if quantities are not sufficient toform a critical mass as defined in R313-12.

(a) Fissile Class I: means a package which may be transportedin unlimited numbers and in any arrangement, and which requiresno nuclear criticality safety controls during transportation. Atransport index is not assigned for purposes of nuclear criticalitysafety but may be required because of external radiation levels.

(b) Fissile Class II: means a package which may betransported together with other packages in any arrangement but forcriticality control in numbers which do not exceed an aggregatetransport index of 50. These shipments require no other nuclear

may have a transport index not less than 0.1 and not more than 10."Low specific activity material" means any of the following:(a) uranium or thorium ores and physical or chemical

concentrates of those ores;(b) unirradiated natural or depleted uranium or unirradiated

natural thorium;(c) tritium oxide in aqueous solutions provided the

concentration does not exceed 5.0 millicuries (185.0 MBq) permilliliter;

(d) material in which the radioactivity is essentially uniformlydistributed and in which the estimated average concentration pergram of contents does not exceed:

(i) 0.0001 millicurie (3.7 kBq) of radionuclides for which theA quantity in R313-19-100 Table 4 is not more than 0.05 curie2

(1.85 GBq);(ii) 0.005 millicurie (185.0 kBq) of radionuclides for which

the A quantity in R313-19-100 Table 4 is more than 0.05 curie,2

(1.85 GBq) but not more than 1 curie (37.0 GBq); or(iii) 0.3 millicurie (11.1 MBq) of radionuclides for which the

A quantity in R313-19-100 Table 4 is more than one curie (37.02

GBq).(e) objects of nonradioactive material externally contaminated

with radioactive material, provided that the radioactive material isnot readily dispersible and the surface contamination, whenaveraged over an area of one square meter, does not exceed 0.0001millicurie (220,000 disintegrations per minute) per squarecentimeter (3.7 kBq/cm ) of radionuclides for which the A quantity2

2

in R313-19-100 Table 4 is not more than 0.05 curie (1.85 GBq), or0.001 millicurie (2,200,000 disintegrations per minute) per squarecentimeter (37.0 kBq/cm ) for other radionuclides.2

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DAR File No. 21686 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 35

"Normal form radioactive material" means radioactive material (i) any quantities of thorium contained in:which has not been demonstrated to qualify as "special form (A) incandescent gas mantles,radioactive material". (B) vacuum tubes,

"Packaging" means the assembly of components necessary to (C) welding rods,ensure compliance with the packaging requirements of R313-19- (D) electric lamps for illuminating purposes: provided that,100. It may consist of one or more receptacles, absorbent materials, each lamp does not contain more than 50 milligrams of thorium,spacing structures, thermal insulation, radiation shielding, and (E) germicidal lamps, sunlamps, and lamps for outdoor ordevices for cooling or absorbing mechanical shocks. The vehicle, industrial lighting provided that each lamp does not contain moretiedown systems and auxiliary equipment may be designated as part than two grams of thorium,of the packaging. (F) rare earth metals and compounds, mixtures, and products

"Regulations of the U.S. Department of Transportation" means containing not more than 0.25 percent by weight thorium, uranium,the regulations in 49 CFR Parts 100 through 189. or any combination of these, or

"Specific activity" means the radioactivity of a radionuclide (G) personnel neutron dosimeters provided that eachper unit mass of that nuclide. The specific activity of a material in dosimeter does not contain more than 50 milligrams of thorium;which the radionuclide is essentially uniformly distributed is the (ii) source material contained in the following products:radioactivity per unit mass of the material. (A) glazed ceramic tableware, provided that the glaze contains

"Transport index" means the dimensionless number, rounded not more than 20 percent by weight source material,up to the first decimal place, placed on the label of a package to (B) piezoelectric ceramic containing not more than twodesignate the degree of control to be exercised by the carrier during percent by weight source material, ortransportation. The transport index is the number expressing the (C) glassware containing not more than ten percent by weightmaximum radiation level in millirem per hour at one meter from the source material, but not including commercially manufactured glasssurface of the package. brick, pane glass, ceramic tile, or other glass or ceramic used in

"Type A quantity" means a quantity of radioactive material, the construction;aggregate radioactivity of which does not exceed A for special (iii) photographic film, negatives and prints containing1

form radioactive material or A for normal form radioactive uranium or thorium;2

material, where A and A are given in R313-19-100 Table 4 or may (iv) a finished product or part fabricated of, or containing,1 2

be determined by procedures described in R313-19-100. tungsten-thorium or magnesium-thorium alloys, provided that the"Type B package" means a Type B packaging together with its thorium content of the alloy does not exceed four percent by weight

radioactive contents. A Type B package design is designated as and that this exemption shall not be deemed to authorize theB(U) or B(M). B(U) refers to the need for unilateral approval of chemical, physical, or metallurgical treatment or processing of theinternational shipments; B(M) refers to the need for multilateral product or part;approval. There is no distinction made in how packages with these (v) uranium contained in counterweights installed in aircraft,designations may be used in domestic transportation. To determine rockets, projectiles, and missiles, or stored or handled in connectiontheir distinction for international transportation, refer to 49 CFR with installation or removal of the counterweights, provided that:Part 173. A Type B package approved prior to September 6, 1983 (A) the counterweights are manufactured in accordance withwas designated only as Type B. Limitations on its use are specified a specific license issued by the U.S. Nuclear Regulatoryin R313-19-100(6). Commission authorizing distribution by the licensee pursuant to 10

"Type B packaging" means a packaging designed to retain the CFR Part 40,integrity of containment and shielding when subjected to the normal (B) each counterweight has been impressed with the followingconditions of transport and hypothetical accident test conditions set legend clearly legible through any plating or other covering:forth in 10 CFR Part 71. "DEPLETED URANIUM",

"Type B quantity" means a quantity of radioactive material (C) each counterweight is durably and legibly labeled orgreater than a Type A quantity.] marked with the identification of the manufacturer and the

R313-19-13. Exemptions.(1) Source material. (C) need not be met by counterweights manufactured prior to(a) A person is exempt from R313-19, R313-21, and R313-22 December 31, 1969, provided that such counterweights are

to the extent that the person receives, possesses, uses, owns, or impressed with the legend, "CAUTION - RADIOACTIVEtransfers source material in a chemical mixture, compound, solution MATERIAL - URANIUM", as previously required by the rules, andor alloy in which the source material is by weight less than 1/20 of (E) the exemption contained in R313-19-13(1)(c)(v) shall notone percent (0.05 percent) of the mixture, compound, solution, or be deemed to authorize the chemical, physical, or metallurgicalalloy. treatment or processing of counterweights other than repair or

(b) A person is exempt from R313-19, R313-21, and R313-22 restoration of any plating or other covering;to the extent that the person receives, possesses, uses or transfers (vi) natural or depleted uranium metal used as shieldingunrefined and unprocessed ore containing source material; constituting part of a shipping container which is conspicuously andprovided, that, except as authorized in a specific license, such legibly impressed with the legend "CAUTION - RADIOACTIVEperson shall not refine or process the ore. SHIELDING - URANIUM" and the uranium metal is encased in

(c) A person is exempt from R313-19, R313-21, and R313-22 mild steel or equally fire resistant metal of minimum wall thicknessto the extent that the person receives, possesses, uses or transfers: of one eighth inch (3.2 mm);

statement: "UNAUTHORIZED ALTERATIONS PROHIBITED",(D) The requirements specified in R313-19-13(1)(c)(v)(B) and

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NOTICES OF PROPOSED RULES DAR File No. 21686

36 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

(vii) thorium contained in finished optical lenses, provided equivalent regulations of a Licensing State, the U.S. Nuclearthat each lens does not contain more than 30 percent by weight of Regulatory Commission or an Agreement State.thorium, and that this exemption shall not be deemed to authorize (iv) A person who possesses radioactive material received oreither: acquired prior to September 25, 1971, under the general license

(A) the shaping, grinding, or polishing of a lens or formerly provided in 10 C.F.R. Part 31.5 is exempt from themanufacturing processes other than the assembly of such lens into requirements for a license set forth in R313-19 to the extent that theoptical systems and devices without alteration of the lens, or person possesses, uses, transfers or owns the radioactive material.

(B) the receipt, possession, use, or transfer of thorium This exemption does not apply for radium-226.contained in contact lenses, or in spectacles, or in eyepieces in (c) Exempt items.binoculars or other optical instruments; (i) Certain items containing radioactive material. Except for

(viii) uranium contained in detector heads for use in fire persons who apply radioactive material to, or persons whodetection units, provided that each detector head contains not more incorporate radioactive material into the following products, athan 0.005 microcurie (185.0 Bq) of uranium; or person is exempt from these rules to the extent that person receives,

(ix) thorium contained in a finished aircraft engine part possesses, uses, transfers, owns or acquires the following products:containing nickel-thoria alloy, provided that: (A) Timepieces or hands or dials containing not more than the

(A) the thorium is dispersed in the nickel-thoria alloy in the following specified quantities of radioactive material and notform of finely divided thoria (thorium dioxide), and exceeding the following specified levels of radiation:

(B) the thorium content in the nickel-thoria alloy does not (I) 25 millicuries (925.0 MBq) of tritium per timepiece;exceed four percent by weight. (II) five millicuries (185.0 MBq) of tritium per hand;

(d) The exemptions in R313-19-13(1)(c) do not authorize the (III) 15 millicuries (555.0 MBq) of tritium per dial. Bezelsmanufacture of any of the products described. when used shall be considered as part of the dial;

(2) Radioactive material other than source material. (IV) 100 microcuries (3.7 MBq) of promethium-147 per(a) Exempt concentrations. watch or 200 microcuries (7.4 MBq) of promethium-147 per any(i) Except as provided in R313-19-13(2)(a)(ii) a person is other timepiece;

exempt from R313-19, R313-21 and R313-22 to the extent that the (V) 20 microcuries (0.74 MBq) of promethium-147 per watchperson receives, possesses, uses, transfers, owns or acquires hand or 40 microcuries (1.48 MBq) of promethium-147 per otherproducts or materials containing: timepiece hand;

(A) radioactive material introduced in concentrations not in (VI) 60 microcuries (2.22 MBq) of promethium-147 perexcess of those listed in R313-19-70, or watch dial or 120 microcuries (4.44 MBq) of promethium-147 per

(B) natural occurring radioactive materials containing less other timepiece dial. Bezels when used shall be considered as partthan 15 picocuries per gram radium-226. of the dial;

(ii) A person may not introduce radioactive material into a (VII) the radiation dose rate from hands and dials containingproduct or material knowing or having reason to believe that it will promethium-147 will not exceed, when measured through 50be transferred to persons exempt under R313-19-13(2)(a)(i) or milligrams per square centimeter of absorber:equivalent regulations of a Licensing State, the U.S. Nuclear for wrist watches, 0.1 millirad (1.0 uGy) per hour at tenRegulatory Commission or an Agreement State, except in centimeters from any surface;accordance with a specific license issued pursuant to R313-22-75(1) for pocket watches, 0.1 millirad (1.0 uGy) per hour at oneor the general license provided in R313-19-30. centimeter from any surface;

(b) Exempt quantities. for other timepieces, 0.2 millirad (2.0 uGy) per hour at ten(i) Except as provided in R313-19-13(2)(b)(ii) and (iii) a centimeters from any surface;

person is exempt from these rules to the extent that the person (VIII) one microcurie (37.0 kBq) of radium-226 per timepiecereceives, possesses, uses, transfers, owns, or acquires radioactive in timepieces manufactured prior to the effective date of these rules.material in individual quantities which do not exceed the applicable (B) Lock illuminators containing not more than 15 millicuriesquantity set forth in R313-19-71. (555.0 MBq) of tritium or not more than two millicuries (74.0

(ii) R313-19-13(2)(b) does not authorize the production, MBq) of promethium-147 installed in automobile locks. The levelspackaging or repackaging of radioactive material for purposes of of radiation from each lock illuminator containing promethium-147commercial distribution, or the incorporation of radioactive material will not exceed one millirad (10 uGy) per hour at one centimeterinto products intended for commercial distribution. from any surface when measured through 50 milligrams per square

(iii) A person may not, for purposes of commercial centimeter of absorber.distribution, transfer radioactive material in the individual quantities (C) Precision balances containing not more than oneset forth in R313-19-71, knowing or having reason to believe that millicurie (37.0 MBq) of tritium per balance or not more than 0.5the quantities of radioactive material will be transferred to persons millicurie (18.5 MBq) of tritium per balance part.exempt under R313-19-13(2)(b) or equivalent regulations of a (D) Automobile shift quadrants containing not more than 25Licensing State, the U.S. Nuclear Regulatory Commission or an millicuries (925 MBq) of tritium.Agreement State, except in accordance with a specific license issued (E) Marine compasses containing not more than 750by the U.S. Nuclear Regulatory Commission, pursuant to 10 C.F.R. millicuries (27.8 GBq) of tritium gas and other marine navigationalPart 32 or by the Executive Secretary pursuant to R313-22-75(2), instruments containing not more than 250 millicuries (9.25 GBq) ofwhich license states that the radioactive material may be transferred tritium gas.by the licensee to persons exempt under R313-19-13(2)(b) or the

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DAR File No. 21686 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 37

(F) Thermostat dials and pointers containing not more than 25 articles containing less than 0.1 microcurie (3.7 kBq) of radium-226millicuries (925.0 MBq) of tritium per thermostat. which were acquired prior to the effective date of these rules.

(G) Electron tubes, including spark gap tubes, power tubes, (iii) Gas and aerosol detectors containing radioactive material.gas tubes including glow lamps, receiving tubes, microwave tubes, (A) Except for persons who manufacture, process, or produceindicator tubes, pick-up tubes, radiation detection tubes, and other gas and aerosol detectors containing radioactive material, a personcompletely sealed tubes that are designed to conduct or control is exempt from these rules to the extent that the person receives,electrical currents; provided that each tube does not contain more possesses, uses, transfers, owns, or acquires radioactive material inthan one of the following specified quantities of radioactive gas and aerosol detectors designed to protect life or property frommaterial: fires and airborne hazards, provided that detectors containing

(I) 150 millicuries (5.55 GBq) of tritium per microwave radioactive material shall have been manufactured, imported, orreceiver protector tube or ten millicuries (370.0 MBq) of tritium per transferred in accordance with a specific license issued by the U.S.any other electron tube; Nuclear Regulatory Commission pursuant to 10 C.F.R. Part 32.26,

(II) one microcurie (37.0 kBq) of cobalt-60; or a Licensing State pursuant to R313-22-75(3) or equivalent(III) five microcuries (185.0 kBq) of nickel-63; requirements, which authorizes the transfer of the detectors to(IV) 30 microcuries (1.11 MBq) of krypton-85; persons who are exempt from regulatory requirements.(V) five microcuries (185.0 kBq) of cesium-137; (B) Gas and aerosol detectors previously manufactured and(VI) 30 microcuries (1.11 MBq) of promethium-147; distributed to general licensees in accordance with a specific license(VII) one microcurie (37.0 kBq) of radium-226; issued by an Agreement State shall be considered exempt underand provided further, that the radiation dose rate from each R313-19-13(2)(c)(iii)(A), provided that the device is labeled in

electron tube containing radioactive material will not exceed one accordance with the specific license authorizing distribution of themillirad (10.0 uGy) per hour at one centimeter from any surface general licensed device, and provided further that they meet thewhen measured through seven milligrams per square centimeter of requirements of R313-22-75(3).absorber. (C) Gas and aerosol detectors containing naturally occurring

(H) Ionizing radiation measuring instruments containing, for and accelerator-produced radioactive material (NARM) previouslypurposes of internal calibration or standardization, one or more manufactured and distributed in accordance with a specific lice nsesources of radioactive material, provided that: issued by a Licensing State shall be considered exempt under R313-

(I) each source contains no more than one exempt quantity set 19-13(2)(c)(iii)(A), provided that the device is labeled inforth in R313-19-71; and accordance with the specific license authorizing distribution, and

(II) each instrument contains no more than ten exempt provided further that they meet the requirements of R313-22-75(3).quantities. For purposes of this requirement, an instrument’s (iv) Capsules containing carbon-14 urea for "in vivo"source(s) may contain either one type or different types of diagnostic use for humans.radionuclides and an individual exempt quantity may be composed (A) Except as provided in R313-19-13(2)(c)(iv)(B), anyof fractional parts of one or more of exempt quantities in R313-19- person is exempt from the regulations in R313-19 and R313-3271, provided that the sum of the fractions shall not exceed unity; provided that the person receives, possesses, uses, transfers, owns,

(III) for purposes of R313-19-13(2)(c)(i)(H), 0.05 microcurie or acquires capsules containing 37 kBq (1 uCi) carbon-14 urea(1.85 kBq) of americium-241 is considered an exempt quantity (allowing for nominal variation that may occur during theunder R313-19-71. manufacturing process) each, for "in vivo" diagnostic use for

(I) Spark gap irradiators containing not more than one humans.microcurie (37.0 kBq) of cobalt-60 per spark gap irradiator for use (B) Any person who desires to use the capsules for researchin electrically ignited fuel oil burners having a firing rate of at least involving human subjects shall apply for and receive a specificthree gallons (11.4 liters) per hour. license pursuant to R313-32.

(ii) Self-luminous products containing radioactive material. (C) Nothing in R313-19-13(2)(c)(iv) relieves persons from(A) Tritium, krypton-85 or promethium-147. Except for complying with applicable United States Food and Drug

persons who manufacture, process or produce self-luminous Administration, other Federal, and State requirements governingproducts containing tritium, krypton-85 or promethium-147, a receipt, administration, and use of drugs.person is exempt from these rules to the extent that the person (v) Resins containing scandium-46 and designed for sandreceives, possesses, uses, transfers, owns, or acquires tritium, consolidation in oil wells. A person is exempt from these rules tokrypton-85 or promethium-147 in self-luminous products the extent that the person receives, possesses, uses, transfers, ownsmanufactured, processed, produced, imported or transferred in or acquires synthetic plastic resins containing scandium-46 whichaccordance with a specific license issued by the U.S. Nuclear are designed for sand consolidation in oil wells. The resins shallRegulatory Commission pursuant to 10 C.F.R. Part 32.22, which have been manufactured or imported in accordance with a specificlicense authorizes the transfer of the product to persons who are license issued by the U.S. Nuclear Regulatory Commission, or shallexempt from regulatory requirements. The exemption in R313-19- have been manufactured in accordance with the specifications13(2)(c)(ii) does not apply to tritium, krypton-85, or promethium- contained in a specific license issued by the Executive Secre tary or147 used in products for frivolous purposes or in toys or an Agreement State to the manufacturer of resins pursuant toadornments. licensing requirements equivalent to those in 10 C.F.R. Part 32.16

(B) Radium-226. A person is exempt from these rules, to the and 32.17. This exemption does not authorize the manufacture ofextent that such person receives, possesses, uses, transfers, or owns any resins containing scandium-46.

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NOTICES OF PROPOSED RULES DAR File No. 21686

38 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

[(v)](vi) With respect to R313-19-13(2)(b)(iii), R313-19- requirements, appropriate to the mode of transport, of the U.S.13(2)(c)(i), (iii) and [(iii)](iv), the authority to transfer possession Department of Transportation insofar as the requirements relate toor control by the manufacturer, processor, or producer of the loading and storage of packages, placarding of the transportingequipment, devices, commodities, or other products containing vehicle, and incident reporting. Notification of incidents referredbyproduct material whose subsequent possession, use, transfer, and to in those requirements shall be filed with, or made to, thedisposal by other persons is exempted from regulatory requirements Executive Secretary.may be obtained only from the U.S. Nuclear Regulatory (b) A general license is hereby issued to a private carrier toCommission, Washington, D.C. 20555. transport radioactive material, provided the transportation is in

R313-19-100. Transportation.[(1) A person shall not transport radioactive material or as such requirements relate to the loading and storage of packages,

deliver radioactive material to a carrier for transport except as placarding of the transporting vehicle, and incident reporting.authorized in a general or specific license issued by the Executive Notification of incidents referred to in those requirements shall beSecretary or as exempted in R313-19-100(2). filed with, or made to, the Executive Secretary.

(2) Exemptions. (c) Persons who transport radioactive material pursuant to the(a) Common and contract carriers, freight forwarders, and general licenses in R313-19-100(3)(a) or (b) are exempt from the

warehousem*n who are subject to the requirements of the U.S. requirements of R313-15 and R313-18 to the extent that theyDepartment of Transportation in 49 CFR 170 through 189 or the transport radioactive material.U.S. Postal Service in the Postal Service Manual (Domestic Mail (5) General License - Approved Packages.Manual), Section 124-3, which the U.S. Postal Service has (a) A general license is hereby issued to any person licensedincorporated by reference at 39 CFR 111.1, 1992, ed., and the U.S. by the Executive Secretary to transport, or to deliver to a carrier forPostal Service are exempt from the requirements of R313-19-100 transport, licensed material in a package for which a license,to the extent that they transport or store radioactive material in the certificate of compliance, or other approval has been issued by theregular course of their carriage for others or storage incident U.S. Nuclear Regulatory Commission (NRC).thereto. Common and contract carriers who are not subject to the (b) This general license applies only to a licensee who:requirements of the U.S. Department of Transportation (DOT) or (i) has a copy of the specific license, certificate of compliance,U.S. Postal Service are subject to R313-19-100(1) and other or other approval of the package and has the drawings and otherapplicable requirements of these rules. documents referenced in the approval relating to the use and

(b) Licensees are exempt from R313-19-100 to the extent that maintenance of the packaging and to the actions to be taken prior tothe licensee delivers to a carrier for transport a package containing shipment;radioactive material having a specific activity not greater than 0.002 (ii) complies with the terms and conditions of the license,microcurie per gram (74.0 Bq/g). certificate, or other approval, as applicable, and the applicable

(c) With the exception of R313-19-100(3) and R313-19- requirements of R313-19-100;100(14), a licensee is exempt from all requirements of R313-19- (iii) prior to the licensee’s first use of the package, has100, with respect to shipment or carriage of the following: registered with the NRC; and

(i) a package containing no more than a Type A quantity of (iv) has a quality assurance program that meets theradioactive material if the package contains no fissile material; or requirements of R313-19-100(18).

(ii) packages transported between locations within the United (c) The general license in R313-19-100(5)(a) applies onlyStates which contain only americium or plutonium in special form when the package approval authorizes use of the package under thiswith an aggregate radioactivity not to exceed 20 curies (740 GBq). general license.

(3) Transportation of Licensed Material. (d) For previously approved Type B packages which are not(a) A licensee who transports licensed material outside of the designated as either B(U) or B(M) in the Certificate of Compliance,

confines of the licensee’s plant or other place of use, or who delivers this general license is subject to additional restrictions of R313-19-licensed material to a carrier for transport shall: 100(6).

(i) comply with the applicable requirements, appropriate to the (6) General License - Previously Approved Type B Packages.mode of transport, of the regulations of the DOT; and (a) A Type B package previously approved by the NRC, but

(ii) assure that any special instructions needed to safely open not designated as B(U) or B(M) in the Certificate of Compliance,the package are sent to or have been made available to the may be used under the general license of R313-19-100(5) with theconsignee. following additional limitations:

(b) If, for any reason the regulations of the DOT are not (i) fabrication of the packaging was satisfactorily completedapplicable to a shipment of licensed material, the licensee shall before August 31, 1986, as demonstrated by application of itsconform to the standards and requirements of those regulations to model number in accordance with NRC regulations; andthe same extent as if the shipment was subject to the regulations. (ii) the package may not be used for a shipment to a location

(4) General licenses for carriers. outside the United States, except approved under special(a) A general license is hereby issued to a common or contract arrangement in accordance with 49 CFR 173.471.

carrier not exempt under R313-19-100(2) to receive, possess, (7) General License - Specification Container.transport, and store radioactive material in the regular course of (a) A general license is issued to any person licensed by thetheir carriage for others or storage incident thereto, provided the Executive Secretary to transport, or to deliver to a carrier fortransportation and storage is in accordance with the applicable transport, licensed material in a specification container for a Type

accordance with the applicable requirements, appropriate to themode of transport, of the U.S. Department of Transportation insofar

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DAR File No. 21686 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 39

B quantity of radioactive material as specified in 49 CFR 173 and (iii) In all cases, the transport index shall be rounded up to one178. decimal place and may not exceed 10.0.

(b) This general license applies only to a licensee who has a (10) General License - Restricted, Fissile Class II Package.quality assurance program required by R313-19-100(18). (a) A general license is hereby issued to any licensee to

(c) This general license applies only to a licensee who: transport fissile material, or to deliver fissile material to a carrier for(i) has a copy of the specification; and transport, if the material is shipped as a Fissile Class II package.(ii) complies with the terms and conditions of the specification (b) This general license applies only when all of the following

and the applicable requirements of R313-19-100. requirements are met.(d) The general license in R313-19-100(7)(a) is subject to the (i) The package contains no more than a Type A quantity of

limitation that the specification container may not be used for a radioactive material.shipment to a location outside the United States except approved (ii) Neither beryllium nor hydrogenous material enriched inunder special arrangements in accordance with 49 CFR 173.472. deuterium is present.

(8) General License - Use of Foreign Approved Package. (iii) The total mass of graphite present does not exceed 150(a) A general license is issued to any person licensed by the times the total mass of uranium-235 plus plutonium.

Executive Secretary to transport, or to deliver to a carrier for (iv) Substances having a higher hydrogen density than watertransport, licensed material in a package the design of which has are not present, except that polyethylene may be used for packingbeen approved in a foreign national competent authority certificate or wrapping.which has been revalidated by the DOT as meeting the applicable (v) Uranium-233 is not present, and the amount of plutoniumrequirements of 49 CFR 171.12. does not exceed one percent of the amount of uranium-235.

(b) This general license applies only to international (vi) The amount of uranium-235 is limited as follows:shipments. (A) If the fissile radionuclides are not uniformly distributed,

(c) This general license applies only to a licensee who: the maximum amount of uranium-235 per package may not exceed(i) has a copy of the applicable certificate, the revalidation, the value given in the following table:

and the drawings and other documents referenced in the certificaterelating to the use and maintenance of the packaging and to theactions to be taken prior to shipment; and

(ii) complies with the terms and conditions of the certificateand revalidation and with the applicable requirements of this part.

(9) General License - Type A, Fissile Class II Package.(a) A general license is hereby issued to any licensee to

transport fissile material, or to deliver fissile material to a carrier fortransport, if the material is shipped as a Fissile Class II package.

(b) This general license applies only when a package containsno more than a Type A quantity of radioactive material, includingonly one of the following:

(i) up to 40 grams of uranium-235;(ii) up to 30 grams of uranium-233;(iii) up to 25 grams of the fissile radionuclides of plutonium,

except that for encapsulated plutonium-beryllium neutron sourcesin special form, an A quantity of plutonium may be present; or1

(iv) a combination of fissile radionuclides in which the sum ofthe ratios of the amount of each radionuclide to the correspondingmaximum amounts in R313-19-100(9)(b)(i), (ii) and (iii) does notexceed unity.

(c)(i) Except as specified in R313-19-100(9)(c)(ii), thisgeneral license applies only when a package containing more than15 grams of fissile radionuclides is labeled with a transport indexnot less than the number given by the following equation:Minimum Transport Index equals (0.4x + 0.67y + z) (1- (15/(x + y+ z))) where the package contains x grams of uranium-235; y gramsof uranium-233; and z grams of the fissile radionuclides ofplutonium.

(ii) For a package in which the only fissile material is in theform of encapsulated plutonium-beryllium neutron sources inspecial form, the transport index based on criticality considerationsmay be taken as 0.026 times the number of grams of the fissileradionuclides of plutonium in excess of 15 grams.

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(B) If the fissile radionuclides are distributed uniformly, themaximum amount of uranium-235 per package may not exceed thevalue given in the following table:

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NOTICES OF PROPOSED RULES DAR File No. 21686

40 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

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(vii) The transport index of each package based on criticalityconsiderations is taken as ten times the number of grams ofuranium-235 in the package divided by the maximum allowablenumber of grams per package in accordance with Table 1 or 2 aboveas applicable.

(11) Fissile Material - Assumptions as to Unknown Properties.When the isotopic abundance, mass, concentration, degree ofirradiation, degree of moderation, or other pertinent property offissile material in any package is not known, the licensee shallpackage the fissile material as if the unknown properties hadcredible values that would cause the maximum nuclear reactivity.

(12) Preliminary Determinations. Prior to the first use of anypackaging for the shipment of radioactive material:

(a) the licensee shall ascertain that there are no defects whichcould significantly reduce the effectiveness of the packaging;

(b) where the maximum normal operating pressure will exceed34.3 kilopascal (5 psi), the licensee shall test the containmentsystem at an internal pressure at least 50 percent higher than themaximum normal operating pressure to verify the capability of thatsystem to maintain its structural integrity at that pressure;

(c) the licensee shall determine that the packaging has beenfabricated in accordance with the design approved by the NRC; and

(d) the licensee shall conspicuously and durably mark thepackaging with its model number, gross weight, and a packageidentification number assigned by the NRC.

(13) Routine Determinations. Prior to each shipment oflicensed material, the licensee shall determine that:

(a) the package is proper for the contents to be shipped;(b) the package is in unimpaired physical condition except for

superficial defects such as marks or dents;(c) each closure device of the packaging, including any

required gasket, is properly installed and secured and free ofdefects;

(d) any system for containing liquid is adequately sealed andhas adequate space or other specified provision for expansion of theliquid;

(e) any pressure relief device is operable and set in accordancewith written procedures;

(f) the package has been loaded and closed in accordance withwritten procedures;

(g) any structural part of the package which could be used tolift or tie down the package during transport is rendered inoperablefor that purpose unless it satisfies design requirements specified bythe NRC;

(h)(i) the level of removable radioactive contamination on theexternal surfaces of each package offered for shipment is as low asreasonably achievable. The level of removable radioactivecontamination may be determined by wiping an area of 300 squarecentimeters of the surface concerned with an absorbent material,using moderate pressure, and measuring the activity on the wipingmaterial. Sufficient measurements shall be taken in the mostappropriate locations to yield a representative assessment of theremovable contamination levels. Except as provided in R313-19-100(13)(h)(ii), the amount of radioactivity measured on any singlewiping material, when averaged over the surface wiped, shall notexceed the limits given in Table 3 below at any time duringtransport. Other methods of assessment of equal or greaterefficiency may be used. When other methods are used, thedetection efficiency of the method used shall be taken into accountand in no case may the removable contamination on the externalsurfaces of the package exceed ten times the limits listed in Table3.

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(ii) in the case of packages transported as exclusive useshipments by rail or highway only, the removable radioactivecontamination at any time during transport shall not exceed tentimes the levels prescribed in R313-19-100(13)(h)(i). The levels atthe beginning of transport shall not exceed the levels in R313-19-100(13)(h)(i);

(i) external radiation levels around the package and around thevehicle, if applicable, will not exceed 200 millirems per hour (2mSv/h) at any point on the external surface of the package at anytime during transportation. The transport index shall not exceedten;

(j) for a package transported in exclusive use by rail, highwayor water, radiation levels external to the package may exceed thelimits specified in R313-19-100(13)(i) but shall not exceed any ofthe following:

(i) 200 millirems per hour (2 mSv/h) on the accessibleexternal surface of the package unless the following conditions aremet, in which case the limit is 1000 millirems per hour (10 mSv/h);

(A) the shipment is made in a closed transport vehicle,(B) provisions are made to secure the package so that its

position within the vehicle remains fixed during transportation, and(C) there are no loading or unloading operations between the

beginning and end of the transportation;

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DAR File No. 21686 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 41

(ii) 200 millirems per hour (2 mSv/h) at any point on the outer (h) results of the determinations required by R313-19-surface of the vehicle, including the upper and lower surfaces, or, 100(13).in the case of a flat-bed style vehicle, with a personnel barrier, at (16) Reports. The licensee shall report to the Executiveany point on the vertical planes projected from the outer edges of Secretary within 30 days:the vehicle, on the upper surface of the load, or enclosure, if used, (a) any instance in which there is significant reduction in theand on the lower external surface of the vehicle. A flat-bed style effectiveness of any authorized packaging during use; andvehicle with a personnel barrier shall have radiation levels (b) details of any defects with safety significance in thedetermined at vertical planes. If no personnel barrier, the package packaging after first use, with the means employed to repair thecannot exceed 200 millirems per hour (2 mSv/h) at the surface; defects and prevent their recurrence.

(iii) ten millirems per hour (0.1 mSv/h) at any point two (17) Advance Notification of Transport of Nuclear Wastemeters from the vertical planes represented by the outer lateral (a) Prior to the transport of any nuclear waste outside of thesurfaces of the vehicle, or, in the case of a flat-bed style vehicle, at confines of the licensee’s facility or other place of use or storage, orany point two meters from the vertical planes projected from the prior to the delivery of any nuclear waste to a carrier for transport,outer edges of the vehicle; and each licensee shall provide advance notification of such transport

(iv) two millirems per hour (0.02 mSv/h) in any normally to the governor, or governor’s designee, of each state through whichoccupied positions of the vehicle, except that this provision does the waste will be transported. A list of the mailing addresses of thenot apply to private motor carriers when persons occupying these governors and governors’ designees is available upon request frompositions are provided with special health supervision, personnel the Director, State Programs, Office of Governmental and Publicradiation exposure monitoring devices, and training in accordance Affairs, NRC, Washington, D.C. 20555.with R313-18-12; and (b) Advance notification is required only when:

(k) a package shall be prepared for transport so that in still air (i) the nuclear waste is required to be in Type B packaging forat 100 degrees Fahrenheit (38 degrees Celsius) and in the shade, no transportation;accessible surface of a package would have a temperature exceeding (ii) the nuclear waste is being transported to, through, or122 degrees Fahrenheit (50 degrees Celsius) in a nonexclusive use across state boundaries to a disposal site or to a collection point forshipment or 180 degrees Fahrenheit (82 degrees Celsius) in an transport to a disposal site; andexclusive use shipment. Accessible package surface temperatures (iii) the quantity of licensed material in a single packageshall not exceed these limits at any time during transportation. exceeds:

(14) Air Transport of Plutonium. Notwithstanding the (A) 5,000 curies (185 TBq) of special form radionuclides;provisions of any general licenses and notwithstanding any (B) 5,000 curies (185 TBq) of uncompressed gases of argon-exemptions stated directly in R313-19-100 or included indirectly by 41, krypton-85m, krypton-87, xenon-131m, or xenon-135;citation of the DOT regulations, as may be applicable, the licensee (C) 50,000 curies (1.85 PBq) of argon-37, or of uncompressedshall assure that plutonium in any form is not transported by air, or gases of krypton-85 or xenon-133, or of hydrogen-3 as a gas, asdelivered to a carrier for air transport, unless: luminous paint, or absorbed on solid material;

(a) the plutonium is contained in a medical device designed (D) 20 curies (740 GBq) of other non-special formfor individual human application; radionuclides for which A is less than or equal to 4 curies (148

(b) the plutonium is contained in a material in which the GBq); orspecific activity is not greater than 0.002 microcuries per gram (74 (E) 200 curies (7.4 TBq) of other non-special formBq/gm) of material and in which the radioactivity is essentially radionuclides for which A is greater than 4 curies (148 GBq).uniformly distributed; (c) Each advance notification required by R313-19-100(17)(a)

(c) the plutonium is shipped in a single package containing no shall contain the following information:more than an A quantity of plutonium in any radionuclide or form (i) the name, address, and telephone number of the shipper,2

and is shipped in accordance with R313-19-100(3); or carrier, and receiver of the shipment;(d) the plutonium is shipped in a package specifically (ii) a description of the nuclear waste contained in the

authorized for the shipment of plutonium by air in the Certificate of shipment as required by 49 CFR 172.202 and 172.203(d);Compliance for that package issued by the NRC. (iii) the point of origin of the shipment and the seven-day

(15) Shipment Records. Each licensee shall maintain for a period during which departure of the shipment is estimated toperiod of two years after shipment a record of each shipment of occur;licensed material not exempt under R313-19-100(2), showing, (iv) the seven-day period during which arrival of the shipmentwhere applicable: at state boundaries is estimated to occur;

(a) identification of the packaging by model number; (v) the destination of the shipment, and the seven-day period(b) verification that there were no significant defects in the during which arrival of the shipment is estimated to occur; and

packaging, as shipped; (vi) a point of contact with a telephone number for current(c) volume and identification of coolant; shipment information.(d) type and quantity of licensed material in each package, and (d) The notification required by R313-19-100(17)(a) shall be

the total quantity of each shipment; made in writing to the office of each appropriate governor, or(e) date of the shipment; governor’s designee, and to the Executive Secretary. A notification(f) name and address of the transferee; delivered by mail shall be postmarked at least seven days before the(g) address to which the shipment was made; and beginning of the seven-day period during which departure of the

2

2

shipment is estimated to occur. A notification delivered by

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NOTICES OF PROPOSED RULES DAR File No. 21686

42 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

messenger shall reach the office of the governor, or governor’s (II) For x-ray emitters, A is determined by the atomic numberdesignee, at least four days before the beginning of the seven-day of the nuclide: for Z less than or equal to 55, A equals 1000 Ci (37period during which departure of the shipment is estimated to occur. TBq); and for Z greater than 55, A equals 200 Ci (7.4 TBq) whereA copy of the notification shall be retained by the licensee for one Z is the atomic number of the nuclide.year. (III) For beta emitters, A is determined by the maximum beta

(e) The licensee shall notify each appropriate governor, or energy (E ) according to Table 5; andgovernor’s designee, and the Executive Secretary of any changes to (IV) For alpha emitters, A is determined by the expression:schedule information provided pursuant to R313-19-100(17)(a). A equals 1000 A where A is the value listed in Table 6;Such notification shall be by telephone to a responsible individual (B) A is the more restrictive of the following two values:in the office of the governor, or governor’s designee, of the (I) The corresponding A ; andappropriate state or states. The licensee shall maintain for one year (II) The value A obtained from Table 6.a record of the name of the individual contacted. (iii) For any single radionuclide whose identity is unknown,

(f) Each licensee who cancels a nuclear waste shipment, for the value of A is taken to be two Ci (74 GBq) and the value of Awhich advance notification has been sent, shall send a cancellation is taken to be 0.002 Ci (74 MBq). However, if the atomic numbernotice to the governor, or governor’s designee, of each appropriate of the radionuclide is known to be less than 82, the value of A isstate and to the Executive Secretary. A copy of the notice shall be taken to be ten Ci (370 GBq) and the value of A is taken to be 0.4retained by the licensee for one year. Ci (14.8 GBq).

(18) Quality Assurance Requirements. (b) Mixtures of Radionuclides, Including Radioactive Decay(a) Each licensee shall establish, maintain, and execute a Chains

quality assurance program to verify by procedures such as checking, (i) For mixed fission products, the activity limit may beauditing, and inspection that deficiencies, deviations, and defective assumed if a detailed analysis of the mixture is not carried out, Amaterial and equipment relating to the shipment of packages equals 10 Ci (370 GBq), A equals 0.4 Ci (14.8 GBq).containing radioactive material are promptly identified and (ii) A single radioactive decay chain is considered to be acorrected. single radionuclide when the radionuclides are present in their

(b) The licensee shall identify the material and components to naturally occurring proportions and no daughter nuclide has a half-be covered by the quality assurance program. life either longer than ten days or longer than that of the parent

(c) Each licensee shall document the quality assurance nuclide. The activity to be taken into account and the A or Aprogram by written procedures or instructions and shall carry out value from Table 4 to be applied are those corresponding to thethe program in accordance with those procedures throughout the parent nuclide of that chain. When calculating A or A values,period during which packaging is used. radiation emitted by daughters shall be considered. However, in the

(d) The licensee shall maintain sufficient written records to case of radioactive decay chains in which any daughter nuclide hasdemonstrate compliance with the quality assurance program. a half-life either longer than ten days or greater than that of theRecords of quality assurance pertaining to the use of a package for parent nuclide, the parent and daughter nuclides are considered toshipment of radioactive material shall be maintained for a period of be mixtures of different nuclides.two years after shipment. (iii) In the case of a mixture of different radionuclides, where

(19) Determination of A and A . the identity and activity of each radionuclide are known, the1 2

(a) Single Radionuclides permissible activity of each radionuclide R , R . . . R is such that(i) For a single radionuclide of known identity, the values of F + F + . . . F is not greater than unity, where: F equals the total

A and A are taken from Table 4 if listed there. The values A and activity of R /(A ) x (R ); F equals the total activity of R /(A ) x1 2 1

A in Table 4 are also applicable for the radionuclide contained in (R ); F equals the total activity of R /(A ) x (R ) and; A (R , R .2

(alpha, neutron) or (gamma, neutron) neutron sou .R ) is the value of A or A as appropriate for the nuclide R , R .(ii) For any single radionuclide whose identity is known but .R .

which is not listed in Table 4 the value of A and A are determined (iv) When the identity of each radionuclide is known but the1 2

according to the following procedure: individual activities of some of the radionuclides are not known, the(A) If the radionuclide emits only one type of radiation, A is formula given in R313-19-100(19)(b)(iii) is applied to establish the1

determined according to the following method. For radionuclides values of A or A as appropriate. All the radionuclides whoseemitting different kinds of radiation, A is the most restrictive value individual activities are not known (their total activity will,1

of those determined for each kind of radiation. However, in either however, be known) are classed in a single group and the mostcase, A is restricted to a maximum of 1000 curies (37 TBq). If a restrictive value of A and A applicable to any one of them is used1

parent nuclide decays into a shorter lived daughter with a half-life as the value of A or A in the denominator of the fraction.not greater than ten days, A is calculated for both the parent and (v) Where the identity of each radionuclide is known but the1

the daughter, and the more limiting of the two values is assigned to individual activity of none of the radionuclides is known, the mostthe parent nuclide. restrictive value of A or A applicable to any one of the

(I) For gamma emitters, A is determined by the expression: radionuclides present is adopted as the applicable value.1

A equals (9 Curies)/G, where G is the gamma-ray constant, (vi) When the identity of none of the nuclides is known, the1

corresponding to the dose in roentgens per curie-hour at one meter, value of A is taken to be two Ci (74 GBq) and the value of A isand the number 9 results from the choice of one rem per hour at a taken to be 0.002 Ci (74 MBq). However, if alpha emitters aredistance of three meters as the reference dose-equivalent rate. known to be absent, the value of A is taken to be 0.4 Ci (14.8

1

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max

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1 2

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GBq).

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (49)

DAR File No. 21686 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 43

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(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (50)

NOTICES OF PROPOSED RULES DAR File No. 21686

44 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

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DAR File No. 21686 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 45

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] For purposes of R313-19-100, 10 CFR 71.4, 71.10, 71.12,71.13(a) and (b) through 71.16, 71.47, 71.81, 71.85 through 71.89,71.97 (1998), and Appendix A to part 71 are incorporated byreference with the following clarifications or exceptions:

(1) The substitution of the following:(a) "Issued by the Executive Secretary" for reference to

"issued by the Commission" in 10 CFR 71.4;(b) "Licensee" for reference to "licensee of the Commission";(c) "R313-19-100(3)" for reference to "10 CFR 71.5";(d) "R313-15-906(5)" for reference to "10 CFR 20.1906(e)";(e) "R313-15-502" for reference to "10 CFR 20.1502"; and(f) "Utah" for reference to "the United States" in 10 CFR

71.10(b)(3);(2) The exclusion of the following:(a) "close reflection by water" and "optimum interspersed

hydrogenous moderation" in 10 CFR 71.4;(b) "10 CFR 71.12(b)", "10 CFR 71.14(b)", and "10 CFR

71.16(b)"; and(c) "subpart H" in 10 CFR 71.12(c)(2), 71.14(c)(2),

71.16(d)(2), and 71.81;(3) Transportation of licensed material.(a) Each licensee who transports licensed material outside the

site of usage, as specified in the license, or where transport is onpublic highways, or who delivers licensed material to a carrier fortransport, shall comply with the applicable requirements of the U.S.Department of Transportation (DOT) regulations in 49 CFR 170through 189 (1998) appropriate to the mode of transport.

(i) The licensee shall particularly note DOT regulations in thefollowing areas:

(A) Packaging--49 CFR 173.1 through 173.13, 173.21through 173.40, and 173.401 through 173.476;

(B) Marking and labeling--49 CFR 172.300 through 172.338,172.400 through 172.407, 172.436 through 172.440, and 172.400through 172.450;

(C) Placarding--49 CFR 172.500 through 172.560 andAppendices B and C;

(D) Accident reporting--49 CFR 171.15 and 171.16;(E) Shipping papers and emergency information--49 CFR

172.200 through 172.205 and 172.600 through 172.606;(F) Hazardous material employee training--49 CFR 172.700

through 172.704; and(G) Hazardous material shipper/carrier registration--49 CFR

107.601 through 107.620.(ii) The licensee shall also note DOT regulations pertaining to

the following modes of transportation:(A) Rail--49 CFR 174.1 through 174.86 and 174.700 through

174.750;(B) Air--49 CFR 175;(C) Vessel--49 CFR 176.1 through 176.99 and 176.700

through 176.715; and

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (52)

NOTICES OF PROPOSED RULES DAR File No. 21682

46 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

(D) Public Highway--49 CFR 177 and 390 through 397.(b) If DOT regulations are not applicable to a shipment of

licensed material, the licensee shall conform to the standards andrequirements of the DOT specified in paragraph (a) of this sectionto the same extent as if the shipment or transportation were subjectto DOT regulations. A request for modification, wavier, orexemption from those requirements, and any notification referred toin those requirements, must be filed with, or made to, the ExecutiveSecretary.

KEY: [radioactive material, licensing, radioactive materialtransportation]license, reciprocity, transportation, exemptions[June 16, 1995]1999 19-3-104Notice of Continuation May 1, 1997 19-3-108

[19-3-113]

ñ ñ

R313-28

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21682FILED: 11/17/1998, 13:33

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: The majorreason for the amendment is to address the need to insurethat Computed Tomography (CT) X-ray machines areproperly calibrated and maintained, and that the user has aknowledge of the dose received by patients undergoing CTdiagnostic procedures.

SUMMARY OF THE RULE OR CHANGE: Section R313-28-20 ischanged to include definitions applicable to the proposedcomputed tomography (CT) requirements in Section R313-28-160. Section R313-28-160 is added to indicate CTequipment requirements, collimation and alignment criteria,equipment operating requirements, the need for a qualityassurance program, and patient dose information.

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Sections 19-3-104 and 19-3-108

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: It is projected that $1,000 will beincurred through the purchase of an abdominal phantom.ïLOCAL GOVERNMENTS: Changes in the rule do not affectlocal governments, so there will be no cost or savings impact.ïOTHER PERSONS: Individuals who provide consultationservices to owners of computed tomography equipment, andwho do not currently have appropriate phantoms, will incur aninitial expense estimated at $1,275.

COMPLIANCE COSTS FOR AFFECTED PERSONS: Users ofcomputed tomography X-ray equipment, found to be innoncompliance with the rule, will experience an additionalcost associated with correcting the noncompliance. Becausethe cost associated with correcting a specific noncomplianceis variable, we are unable to project the actual cost foraffected persons.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: This rulemaking will haveno new fiscal impact on businesses.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Environmental QualityRadiation ControlState of Utah Office Park, Bldg. 2168 North 1950 WestPO Box 144850Salt Lake City, UT 84114-4850, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Richard B. Sanborn at the above address, by phone at (801)536-4250, by FAX at (801) 533-4097, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 03/12/1999

AUTHORIZED BY: William J. Sinclair, Executive Secretary

R313. Environmental Quality, Radiation Control.R313-28. Use of X-rays in the Healing Arts.R313-28-20. Definitions.

As used in R313-28, the following definitions apply:"Accessible surface" means the external surface of the

enclosure or housing provided by the manufacturer."Actual focal spot" refer to "Focal spot.""Aluminum equivalent" means the thickness of aluminum, type

1100 alloy, affording the same attenuation, under specifiedconditions, as the material in question. The nominal chemicalcomposition of type 1100 aluminum alloy is 99.00 percentminimum aluminum, 0.12 percent copper.

"Assembler" means individuals engaged in the business ofassembling, replacing, or installing one or more components into anx-ray system or subsystem. The term includes the owner of an x-raysystem or his or her employee or agent if they assemble componentsinto an x-ray system that is subsequently used to provideprofessional or commercial services.

"Attenuation block" means a block or stack, having appropriatedimensions 20 cm by 20 cm by 3.8 cm, of type 1100 aluminumalloy or other materials having equivalent attenuation.

"Automatic EXPOSURE control" means a device whichautomatically controls one or more technique factors in order to

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DAR File No. 21682 NOTICES OF PROPOSED RULES

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obtain, at a preselected location, a required quantity of radiation. which might be present initially in the beam concerned, is deemedPhototimer and ion chamber devices are included in this category. to be excluded.

"Barrier" refer to "Protective barrier". "Healing arts screening" means the testing of a human"Beam axis" means a line from the source through the centers population which is asymptomatic for the disease for which the

of the x-ray fields. screening is being performed. Excluded from this definition are"Beam-limiting device" means a device which provides a those individuals whose risk factors for the disease are greater than

means to restrict the dimensions of the x-ray field. for the population at large"."Certified components" means components of x-ray systems "Heat unit" means a unit of energy equal to the product of the

which are subject to regulations promulgated under Public Law 90- peak kilovoltage, milliamperes, and seconds: for example, kVp602, the Radiation Control for Health and Safety Act of 1968. times mA times seconds.

"Certified system" means an x-ray system which has one or "HVL" refer to "half value layer."more certified components. "Image intensifier" means a device installed in its housing

"Changeable filters" means filters designed to be removed by which instantaneously converts an x-ray pattern into a light imagethe operator. of higher energy density.

"Coefficient of variation (C)" means the ratio of the standard "Image receptor" means a device, for example, a fluorescentdeviation to the mean value of a population of observations. screen radiographic film, solid state detector, or gaseous detector,

"Computed tomography" means the production of a tomogram which transforms incident x-ray photons to produce a visible imageby the acquisition and computer processing of x-ray transmission or stores the information in a form which can be made into a visibledata. image. In those cases where means are provided to preselect a

"Control panel" means that part of the x-ray control upon portion of the image receptor, the term "image receptor" shall meanwhich are mounted the switches, knobs, push buttons, and other the preselected portion of the device.hardware necessary for setting the technique factors. "Irradiation" means the exposure of matter to ionizing

"Cooling curve" means the graphical relationship between heat radiation.units stored and cooling time. "Kilovolts peak" refer to "Peak tube potential".

"CT" means computed tomography. "kV" means kilovolts."CT gantry" means the tube housing assemblies, beam-limiting "kVp" refer to "Peak tube potential."

devices, detectors, and the supporting structures and frames which "Lead equivalent" means the thickness of lead affording thehouse these components. same attenuation, under specified conditions, as the material in

"Dead-man switch" means a switch so constructed that a circuit question.closing contact can be maintained only by continuous pressure on "Leakage radiation" means radiation emanating from thethe switch by the operator. diagnostic source assembly except for:

"Diagnostic source assembly" means the tube housing (a) the useful beam, andassembly with a beam-limiting device attached. (b) radiation produced when the exposure switch or timer is

"Diagnostic x-ray system" means an x-ray system designed for not activated.irradiation of part of the human body for the purpose of recording "Leakage technique factors" means the technique factorsor visualization for diagnostic purposes. associated with the diagnostic source assembly which are used in

"Entrance EXPOSURE rate" means the EXPOSURE free in air measuring leakage radiation. They are defined as follows:per unit time at the point where the useful beam enters the patient. (a) For diagnostic source assemblies intended for capacitor

"Equipment" refer to "X-ray equipment". energy storage equipment, the maximum-rated peak tube potential"Field emission equipment" means equipment which uses an and the maximum-rated number of exposures in an hour for

x-ray tube in which electron emission from the cathode is due solely operation at the maximum-rated peak tube potential with theto the action of an electric field. quantity of charge per exposure being ten millicoulombs, ten

"Filter" means material placed in the useful beam to absorb milliampere seconds, or the minimum obtainable from the unit,preferentially selected radiations. whichever is larger.

"Fluoroscopic imaging assembly" means a subsystem in which (b) For diagnostic source assemblies intended for fieldx-ray photons produce a fluoroscopic image. It includes equipment emission equipment rated for pulsed operation, the maximum-ratedhousing, electrical interlocks, the primary protective barrier, and peak tube potential and the maximum-rated number of x-ray pulsesstructural material providing linkage between the image receptor in an hour for operation at the maximum-rated peak tube potential.and the diagnostic source assembly. (c) For other diagnostic source assemblies, the maximum-

"Focal spot" means the area on the anode of the x-ray tube rated peak tube potential and the maximum-rated continuous tubebombarded by the electrons accelerated from the cathode and from current for the maximum-rated peak tube potential.which the useful beam originates. Also referred to as "Actual focal "Light field" means that area of the intersection of the lightspot." beam from the beam-limiting device and one of the set of planes

"Gonad shield" means a protective barrier for the testes or parallel to and including the plane of the image receptor, whoseovaries. perimeter is the locus of points at which the illumination is one-

"Half-value layer or HVL" means the thickness of specified fourth of the maximum in the intersection.material which attenuates the beam of radiation to an extent that the "mA" means tube current in milliamperes.EXPOSURE rate is reduced to one-half of its original value. In this "mAs" means milliampere second or the product of the tubedefinition, the contribution of scatter radiation, other than that current in milliamperes and the time of exposure in seconds.

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NOTICES OF PROPOSED RULES DAR File No. 21682

48 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

"Mammography imaging medical physicist" means an "Recording" means producing a permanent form of an imageindividual who conducts mammography surveys of mammography resulting from x-ray photons.facilities. "Reference plane" means a plane which is displaced from and

"Mammography survey" means an evaluation of x-ray imaging parallel to the tomographic plane.equipment and oversight of a mammography facility’s quality "Scan" means the complete process of collecting x-raycontrol program. transmission data for the production of a tomogram. Data can be

"Mobile x-ray equipment" refer to "X-ray equipment". collected simultaneously during a single scan for the production of"Multiple scan average dose" means the average dose at the one or more tomograms.

center of a series of scans, specified at the center of the axis of "Scan increment" means the amount of relative displacementrotation of a CT x-ray system. of the patient with respect to the computer tomographic x-ray

"New installation" means change, modification or relocation system between successive scans measured along the direction ofof new or existing shielding or equipment. such displacement.

"Patient" means an individual subjected to healing arts "Scattered radiation" means radiation that, during passageexamination, diagnosis, or treatment. through matter, has been deviated in direction, energy or both

"PBL" refer to "Positive beam limitation." direction and energy. Also refer to "Primary Beam Scatter"."Peak tube potential" means the maximum value of the "Shutter" means a device attached to the tube housing

potential difference across the x-ray tube during an exposure. assembly which can intercept the entire cross sectional area of the"Phantom" means a volume of material behaving in a manner useful beam and which has a lead equivalency at least that of the

similar to tissue with respect to the attenuation and scattering of tube housing assembly.radiation. "SID" refer to "Source-image receptor distance".

"PID" refer to "Position indicating device." "Source" means the focal spot of the x-ray tube."Portable x-ray equipment" refer to "X-ray equipment". "Source to image receptor distance" means the distance from"Position indicating device (PID)" means a device, on dental the source to the center of the input surface of the image receptor.

x-ray equipment which indicates the beam position and establishes "Special purpose x-ray system" means that which is designeda definite source-surface (skin) distance. The device may or may for irradiation of specific body parts.not incorporate or serve as a beam-limiting device. "Spot film" means a radiograph which is made during a

"Positive beam limitation" means the automatic or semi- fluoroscopic examination to permanently record conditions whichautomatic adjustment of an x-ray beam to the size of the selected exist during that fluoroscopic procedure.image receptor, whereby exposures cannot be made without such "Spot film device" means a device intended to transport oradjustment. position a radiographic image receptor between the x-ray source and

"Primary beam scatter" means scattered radiation which has fluoroscopic image receptor, including a device intended to hold abeen deviated in direction or energy by materials irradiated by the cassette over the input end of an image intensifier for the purposeprimary beam. of making a radiograph.

"Primary protective barrier" refer to "Protective barrier". "SSD" means the distance between the source and the skin"Protective apron" means an apron made of radiation entrance plane of the patient.

absorbing materials, used to reduce radiation exposure. "Stationary x-ray equipment" refer to "X-ray equipment"."Protective barrier" means a barrier of radiation absorbing "Stray radiation" means the sum of leakage and scattered

material used to reduce radiation exposure. radiation.(a) "Primary protective barrier" means the material, excluding "Technique factors" means the following conditions of

filters, placed in the useful beam to reduce the radiation exposure operation.for protection purposes. (a) For capacitor energy storage equipment, peak tube

(b) "Secondary protective barrier" means the material which potential in kV and quantity of charge in mAs.attenuates stray radiation. (b) For field emission equipment rated for pulsed operation,

"Protective glove" means a glove made of radiation absorbing peak tube potential in kV and number of x-ray pulses.materials used to reduce radiation exposure. (c) For other equipment, peak tube potential in kV and either;

"Qualified expert" means an individual who has demonstrated (i) the tube current in mA and exposure time in seconds, orto the satisfaction of the Board that the individual possesses the (ii) the product of tube current and exposure time in mAs.knowledge, training, and experience to measure ionizing radiation, "Termination of irradiation" means the stopping of irradiationto evaluate safety techniques, and to advise regarding radiation in a fashion which will not permit continuance of irradiationprotection needs. without the resetting of operating conditions at the control panel.

"Radiation therapy simulation system" means a radiographic "Tomogram" means the depiction of the x-ray attenuationor fluoroscopic x-ray system intended for localizing the volume to properties of a section through the body.be exposed during radiation therapy and for confirming the position "Tomographic plane" means that geometric plane which isand size of the therapeutic irradiation field. identified as corresponding to the output tomogram.

"Radiograph" means an image receptor on which the image is "Tomographic section" means the volume of an object whosecreated directly or indirectly by an x-ray pattern and results in a x-ray attenuation properties are imaged in a tomogram.permanent record. "Tube" means an x-ray tube, unless otherwise specified.

"Rating" means the operating limits of an x-ray system or "Tube housing assembly" means the tube housing with tubesubsystem as specified by the component manufacturer. installed. It includes high-voltage or filament transformers and

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DAR File No. 21682 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 49

other appropriate elements when they are contained within the tube (2) Tomographic Plane Indication and Alignment.housing. (a) Means shall be provided to permit visual determination of

"Tube rating chart" means the set of curves which specify the the location of a reference plane. This reference plane can be offsetrated limits of operation of the tube in terms of the technique from the location of the tomographic plane.factors. (b) If a device using a light source is used to satisfy R313-28-

"Useful beam" means the radiation emanating from the tube 160 (2)(a), the light source shall provide illumination at levelshousing port or the radiation head and passing through the aperture sufficient to permit visual determination of the location of theof the beam limiting device when the switch or timer is activated. tomographic plane or reference plane.

"Visible area" means that portion of the input surface of the (c) The total error in the indicated location of the tomographicimage receptor over which incident x-ray photons are producing a plane or reference plane shall not exceed 5 millimeters.visible image. (3) Beam-On and Shutter Status Indicators.

"X-ray exposure control" means a device, switch, button, or (a) The computed tomography (CT) x-ray control panel andother similar means by which an operator initiates or terminates the CT gantry shall provide visual indication whenever x-rays areradiation exposure. The x-ray exposure control may include produced and, if applicable, whether the shutter is open or closed.associated equipment, for example, timers and back-up timers.[.] (b) Each emergency button or switch shall be clearly labeled

"X-ray equipment" means an x-ray system, subsystem, or as to its function.component thereof. Types of x-ray equipment are as follows: (4) Indication of CT Conditions of Operation.

(a) "Mobile" means x-ray equipment mounted on a permanent (a) The CT x-ray system shall be designed such that techniquebase with wheels or casters for moving while completely assembled. factors, tomographic section thickness, and scan increment shall be

(b) "Portable" means x-ray equipment designed to be hand- indicated prior to the initiation of a scan or series of scans.carried. (5) Quality Assurance Procedures. Quality assurance

(c) "Stationary" means x-ray equipment which is installed in procedures shall be conducted on the CT x-ray equipment.a fixed location. (a) The quality assurance procedures shall be in writing. Such

"X-ray field" means that area of the intersection of the useful procedures shall include, but not be limited to, the following:beam and one of the sets of planes parallel to and including the (i) Specifications of the tests that are to be performed,plane of the image receptor, whose perimeter is the locus of points including instructions to be employed in the performance of thoseat which the EXPOSURE rate is one-fourth of the maximum in the tests; andintersection. (ii) Specifications of the frequency at which tests are to be

"X-ray high-voltage generator" means a device which performed, the acceptable tolerance for each parameter measuredtransforms electrical energy from the potential supplied by the x-ray and actions to be taken if tolerances are exceeded.control to the tube operating potential. The device may also include (b) The parameters measured to satisfy R313-28-160(5)(a)(ii)means for transforming alternating current to direct current, shall include, but not be limited to, kVp, mA and reproducibility offilament transformers for the x-ray tube high-voltage switches, dose appropriate to the type of CT procedures performed.electrical protective devices, and other appropriate elements. (c) Records of tests performed to satisfy the requirements of

"X-ray system" means an assemblage of components for the R313-28-160(5)(a) and (b) shall be maintained for three years forcontrolled production of x-rays. It includes minimally an x-ray inspection by the Division.high-voltage generator, an x-ray control, a tube housing assembly, (6) Dose Calibration.a beam-limiting device, and the necessary supporting structures. (a) Radiation measurements shall be performed at leastAdditional components which function with the system are annually and after change or replacement of components whichconsidered integral parts of the system. could cause a change in the radiation output.

"X-ray tube" means an electron tube which is designed to be (b) The calibration of the radiation measuring instrument shallused primarily for the production of x-rays. be traceable to a national standard and shall be calibrated at

R313-28-160. Computed Tomography X-ray Equipment.(1) Equipment Requirements. scan average dose, using phantoms and technique factors(a) In the event of equipment failure affecting data collection, appropriate to the type of CT procedures performed.

means shall be provided to terminate the x-ray exposureautomatically by either de-energizing the x-ray source orintercepting the x-ray beam with a shutter mechanism through theuse of either a back-up timer or devices which monitor equipmentfunction.

(b) A visible signal shall indicate when the x-ray exposure hasbeen terminated through the means required by R313-28-160 (1)(a).

(c) The operator shall be able to terminate the x-ray exposureat any time during a scan, or series of scans, of greater than 0.5second duration.

intervals not to exceed two years.(c) Measurements shall be specified in terms of the multiple

KEY: dental, x-ray, mammography, beam limitation[July 18, 1997]1999 19-3-104Notice of Continuation May 1, 1997

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NOTICES OF PROPOSED RULES DAR File No. 21687

50 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

R414-29

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21687FILED: 11/19/1998, 08:01

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: This ruleoutlines agency policy for administration of the MedicaidRestriction Program. Changing an annual restriction clientreview to a review only on request saves staff time byeliminating unnecessary reviews.

SUMMARY OF THE RULE OR CHANGE: In Section R414-29-7,annual review is eliminated and the review will be done onlyupon request.

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Section 26-1-5

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: There should be a cost savingsresulting in a reduction in the amount of restriction staff timespent on unnecessary mandatory reviews.ïLOCAL GOVERNMENTS: The rule does not apply to localgovernment, so there should be no fiscal impact.ïOTHER PERSONS: The rule does not apply to other persons,so there should be no fiscal impactCOMPLIANCE COSTS FOR AFFECTED PERSONS: There should beno involvement for affected persons other than that describedunder "State budget."

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: Mandatory annualreviews have proven unproductive; those subject to thisrestriction can still request a review. There should be noimpact on businesses--Rod Betit.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

HealthHealth Care Financing,Coverage and Reimbursem*nt PolicyCannon Building288 North 1460 WestBox 143102Salt Lake City, UT 84114-3102, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Jacky Stokes at the above address, by phone at (801) 538-6418, by FAX at (801) 538-6952, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: Rod L. Betit, Executive Director

R414. Health, Health Care Financing, Coverage andReimbursem*nt Policy.R414-29. Client Review/Education and Restriction Policy.

• • • • • • • • • • •

R414-29-2. Definitions.In addition to the definitions in R414-1[-1], the following

definitions apply to this rule:(1) "Overutilize" means use of medical services at a frequency

or amount that is above what is medically necessary.(2) "Restriction Case Manager" means a Medical Doctor or

Doctor of Osteopathy who agrees to become the primary medicalcare provider for all of a restricted client's non-emergency medicalneeds.

(3) "Restriction Pharmacy" means the only pharmacy that canreceive Medicaid reimbursem*nt for dispensing non-emergencypharmacy items to a restricted client.

• • • • • • • • • • •

R414-29-7. Length of Restriction.(1) All clients shall continue participation in the Restriction

Program until they have demonstrated they are not overutilizingservices. If a client loses Medicaid eligibility, and subsequently re-establishes Medicaid eligibility, the Department shall automaticallyrequire the client's participation in the Restriction Program.

(2) The Department shall assess the client's use of serviceswhen requested[annually], based on the client's compliance with theRestriction Case Manager's written treatment plan andrecommendations, and shall also use information such as:

(a) medical care obtained from multiple practitioners;(b) prescriptions obtained from multiple practitioners;(c) emergency rooms used for non-emergency services as

defined in the Utah Medicaid Table of Authorized EmergencyDiagnosis;

(d) use of multiple emergency rooms;(e) concurrent use of medications in the same therapeutic

class, when prescribed by different practitioners;(f) indications of forged or altered prescriptions;(g) use of medical services inconsistent with diagnosis;(h) other patterns indicating overutilization.

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DAR File No. 21693 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 51

KEY: medicaid[June 25, 1996]1999 26-1-5Notice of Continuation December 2, 1997

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R426-1

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21693FILED: 11/19/1998, 12:02

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: In orderto make all levels of Emergency Medical Services (EMS)certification consistent, it is necessary to amend theEmergency Medical Technician (EMT) certification timeperiod from three to four years. Language is needed toclarify who is responsible for ambulance services at specialevents. "Communication" needed to be revised. Otherchanges were needed to bring EMS rules into conformity.

SUMMARY OF THE RULE OR CHANGE: The proposed change willmodify ambulance licensure periods to four years (they arepresently three). It will also change Emergency MedicalTechnician (EMT) certification to four years and definerecertification standards. It makes it necessary for an EMTto have a TB examination before they can be recertified. Re-testing standards will be established by the Department andtaken out of the rule. It gives the licensed ambulance agencyresponsibility for special events in their geographical area.The change modifies "communication." References torecordings and defibrillation services were deleted from therule. The references were left in when tape recordings anddefibrillation services were deleted in a previous ruleamendment. The training equipment rental fees weredeleted from the rule. These fees are approved by theLegislature each year in the annual fee schedule.

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Title 26, Chapter 8

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: The Bureau will see a reduction ofapproximately $12,825 each year for EMT recertification fees.This is based on having 5,700 EMTs scheduled to recertifywithin the next three years, losing $27 over a 12 year period,or $2.25 per year per EMT. The loss will be made up by anincrease in reciprocity application fees from out of stateEMTs wishing to work at the Olympics, and by the increasein total numbers the next year. The Bureau will also see areduction of approximately $1,324.47 per year per licensed

ambulance service or designated first response unit. Thereare 159 licensed or designated services. ïLOCAL GOVERNMENTS: Aggregate savings to localgovernments because of the four year recertification wouldmean $2.25 savings per EMT recertified per year forrecertification fees. This would be a savings of $9,000 peryear, where approximately 4,000 of the EMTs are affiliatedwith local government agencies. Continuing medicaleducation cost savings will be approximately $50 per EMT, ora savings to local government of approximately $200,000 peryear. Local Governments’ aggregate savings for ambulancelicensure or first response designation would be $1,291.15for 155 licensed or designated services.ïOTHER PERSONS: Non-affiliated EMTs would saveapproximately $3,825 per year for recertification fees, whereapproximately 1,700 of the EMTs are non-affiliated.Continuing medical education costs will be approximately$50.00 savings per EMT, or a savings to individuals ofapproximately $85,000.COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be noadditional costs to anyone in order to comply with theproposed rule change.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: Affected businesses willrealize a savings by this rule change--Rod L. Betit.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

HealthHealth Systems Improvement,Emergency Medical ServicesCannon Health Building288 North 1460 WestPO Box 142004Salt Lake City, UT 84114-2004, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Leslie Johnson at the above address, by phone at (801) 538-6292, by FAX at (801) 538-6808, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: Rod Betit, Executive Director

R426. Health, Health Systems Improvement, EmergencyMedical Services.R426-1. Ambulance Rules.R426-1-3. Requisites for Providing Ambulance Service.

(1) An ambulance license and ambulance permit will be issuedfor a period of [three]four years from the date of issue and willremain valid for the period unless revoked or suspended by theDepartment. Annual inspections will be conducted to assure

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NOTICES OF PROPOSED RULES DAR File No. 21693

52 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

compliance. The Department may adjust the [three]four year (ii) Receive Department approval for the use of EMT-Ilicensure period to adjust to revised recertification schedules. optional skills and drugs, esophageal obturator airway, intraosseous

(2) License Process - An application for an original license, infusion.renewal license, expanded license, or change in ownership, shall be (iii) Receive Department approval for the use of EMT-IVmade to the license officer on forms provided by the Department optional skill, intraosseous infusion.and shall contain as a minimum the following: (iv) Secure written support from all related agencies, including

(a) Financial statement of ambulance service operating the proposed or designated resource hospital before submitting anrevenues and expenses for the previous fiscal year. Services application.operating for a profit shall also provide a balance sheet and a (v) Secure written support from the physician medical directordescription of any judgments, executions or liens against the assets and all hospital physicians who provide EMT medical control forof the applicant. The financial information provided shall clearly the ambulance service area.demonstrate that the applicant has adequate resources to provide the (vi) Agree to abide by resource hospital medical leadershipservices proposed. and medical control.

(b) Articles of Incorporation, or certificate of good standing (vii) Agree to cooperate with the resource hospital to assureor renewal license, if incorporated. provision of continuing medical education for EMT-advanced

(c) The name and address of the owner of the ambulance personnel in accordance with Department recertification standards.service or proposed ambulance service. (3) Inspection Process - Upon receipt of an application for

(d) The name under which the applicant is doing business or ambulance service license, the state license officer shall complyproposes to do business. with requirements in Title 26, Chapter 8. Upon approval by the

(e) The training and experience of the applicant in the Department of the application, but before issuing a license to thetransportation and care of patients. new ambulance service, the license officer shall cause to be

(f) A description and general location of each ambulance or inspected the ambulance, equipment and the personnel trainingboat to be used as an ambulance, including the make, model, year qualifications designated in each application hereunder to determineof manufacture, motor and chassis number, and the color scheme, compliance with R426-1.insignia, name or monogram, or other distinguishing characteristics. (4) Change of Ownership or Management. - Upon change of

(g) The geographical area to be served, and the location of the ownership or management, an ambulance license and ambulanceplace or places from which the ambulance service intends to permit shall terminate and the new owner or operator shall beoperate. required to file within ten business days of acquisition an

(i) If the application is for an original or expanded license and application for an ambulance license and ambulance permit inproposes to serve a geographical area that is already served by conformance with all requirements for an original.existing licensees, then the Committee shall evaluate whether public (5) Ambulance Vehicle Requirements.need and necessity supports the proposed service, as opposed to (a) An application for an original or renewal ambulancecontinuation of the existing service. If the Committee finds that permit shall be made to the license officer, upon forms prescribedpublic need and necessity would be served by the change, then the by him. No ambulance shall be used in providing ambulanceDepartment shall modify all existing licenses that previously served service unless there is in effect, with respect to it, a currently validthe overlapping geographical area, to remove the overlapping permit. Each ambulance shall carry a decal showing the permitauthority from existing licenses, effective on the date that the new expiration date and permit number issued by the Department aslicense is issued. If the Committee does not find that public need evidence that the ambulance identified thereon has been inspectedand necessity would be met, then the application shall be denied, and determined to be in compliance with R426-1.and existing licenses shall continue without change. (b) Ambulances shall be maintained in good mechanical repair

(ii) A licensed ambulance agency is responsible for the and sanitary condition on suitable premises, properly equipped,provision of ambulance service (including standby) for any special maintained and operated so as to contribute to the general well-events that require ambulance service within their geographic being of patients.service area. If the licensed ambulance agency determines that it is (c) All carriers providing emergency ambulance service, shallunable or unwilling to provide the special event coverage, the notify the Department whenever the general location of anresponsible agency may contact another licensed ambulance agency ambulance is changed.to provide ambulance service for the special event. (d) Ground ambulances shall use warning devices, such as

(h) Name of the training officer who will assume lights and sirens, in accordance with Utah law.responsibility for the ambulance personnel continuing education (e) Ambulance Manufacturing Specifications - An ambulanceprogram. permit for a new or replacement vehicle shall be issued only if the

(i) EMT-Advanced ambulance service licensure - applicable ambulance complies with the following specifications:Requirements noted as follows are in addition to regular ambulance (i) Van or Truck Chassis.service licensure: (A) New Vehicles - Federal GSA Specification No. KKK-A-

(i) Provide the name of the physician medical director who 1822-C, dated January 1, 1990. This document is published by theshall develop and review treatment protocols, assess field General Services Administration, Washington, D.C., and copiesperformance and critique ambulance runs. This provision also may be obtained from the Bureau of Emergency Medical Services.applies to services using pneumatic trousers. (B) Used Vehicles manufactured prior to July 10, 1991 -

Federal Specification No. KKK-A-1822, as amended, in effect at

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DAR File No. 21693 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 53

the time of manufacture or purchased under Utah specifications in (a) Ambulances shall be equipped with approved safety beltseffect between January 1986, and July 10, 1991. for the driver and all passengers.

(ii) Special consideration will be given by the EMS (b) Ground ambulances shall display a current safetyCommittee to communities with limited populations or unique inspection decal on the lower left hand corner of the left rearproblems for use of ambulance vehicles which do not meet the window.above specifications. (c) Water ambulances shall comply with all current state

(f) Ambulance Driver Requirements - The driver of each boating regulations.ambulance, while transporting an emergency patient, shall comply (8) Communications - All ambulances shall be equipped towith the following requirements: allow ambulance personnel to be able to:

(i) Destination Restriction - In the absence of physician (a) communicate with hospital emergency departments,direction, specific area protocols or other decisive factors to the dispatch centers, emergency medical services, and law enforcementcontrary, a ground ambulance driver shall transport emergency agencies; andpatients to the nearest accessible medical facility equipped, staffed (b) communicate on radio frequencies approved by theand prepared to receive emergency cases and administer emergency Department.medical care appropriate to the needs of the patient. [(a) All ambulances shall be equipped with a two-way radio

(ii) Siren and Red Warning Light Restrictions - Ground capable of ambulance to hospital communication on 155.340 Mhz.ambulance drivers shall not display red warning light and use siren (b) All advanced life support services shall haveexcept when: communication capabilities approved by the Department which

(A) Responding to an emergency call; allow ready communication between EMTs in the field and a(B) Engaged in lifesaving services at the scene; or medical control registered nurse or physician representing the(C) Transporting emergency patients who are classified as designated resource hospital.

"emergent" by the ambulance attendant on the ambulance trip report (c) Utah EMS microwave system:form. (i) A statewide microwave system is available, limited to the

(g) Ambulance Accident Reports - All licensed providers shall following EMS purposes:send a copy of the official accident report to the Department (A) Medical assistance and notification;whenever a permitted vehicle is involved in an accident while (B) Back up advanced life support medical control;responding to or transporting a patient. (C) In-transit ground or air ambulance to hospital medical

(6) Equipment and Supplies communications;(a) In accordance with the basic or advanced life support (D) Utah Department of Health disaster coordination; and

licensure level granted an ambulance service, minimum quantities (E) Other uses approved by the Department.of supplies and equipment shall be carried on each of the service’s (ii) Communication and control of microwave access shall beambulance vehicles as described in "R426 Appendix". This list governed by Department operational protocols.may be modified at the discretion of the Department as other needs (iii) EMT medical assistance or ALS medical control may beor new methodology become known. All equipment shall be stored provided only when communications with local medical authorityor secured in a manner as to prevent its movement during a crash. or medical director are not available, or at his recommendation.

(b) Equipment rated "not recommended" or "unacceptable" by (iv) Back up medical assistance for ALS medical control isthe American College of Surgeons is not approved under R426-1. authorized through Department designated hospital emergencyCurrent ratings will be provided by the Bureau of Emergency departments who routinely provide paramedic medical control.Medical Services on request. Participating hospitals shall be pre-assigned by the Department to

(c) No advanced life support equipment, supplies or drugs collectively provide services 24 hours per day, seven days per week.may be carried on an ambulance where the use of that equipment by (v) Back up medical control to the requesting EMT shall bean EMT or EMT-Paramedic is not approved by R426-1. If a limited to services authorized in R426-1. Accordingly, back upmedical director wishes to have additional ALS equipment, supplies medical control physician should request EMT certification level,or drugs carried on an ambulance within his jurisdiction for name, EMT number and service represented.physician or licensed nurse practitioner with Advanced Cardiac Life (vi) Emergency Departments providing back up medicalSupport (ACLS) certification to use, a request for approval shall be control shall record all advanced life support transmissions.]submitted by the medical director to the EMS Committee at least 30 (9) Sanitation.days prior to the Committee’s regular scheduled quarterly meeting. (a) The ambulance shall be maintained in a clean conditionIf approved, the responsibility for use and maintenance of with interior being thoroughly cleaned after each use as appropriate.equipment falls solely on the requesting physician and the (b) Linens shall be clean and changed after each use.physician’s associates. (c) Equipment:

(d) Special equipment considerations: (i) All equipment except disposable items, shall be so(e) Critical Care Transport - Ground ambulances used in designed, constructed, and made of materials that under normal

conjunction with hospital critical care transport teams are exempt conditions and operations, it shall be durable and capable offrom the above requirements but shall carry equipment appropriate withstanding repeated cleaning.to the specific needs of the patient. (ii) Equipment intended for one use only, shall not be reused.

(7) Safety - Safety equipment shall be carried and maintained (iii) Equipment shall be maintained in working condition andin working condition. equipment checks documented according to local hospital

standards.

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54 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

(iv) Equipment shall be cleaned after each use. victim is an out-of-hospital patient or a patient or resident of a(v) Sanitizing or sterilization of equipment shall be health care facility.

accomplished prior to use on a subsequent run. (iv) Crimes of violence against persons, such as aggravated(vi) Equipment shall be stored in a protected manner and be assault, murder or attempted murder, manslaughter except

readily accessible. involuntary manslaughter, kidnaping, robbery of any degree; or(10) Records - arson; or attempts to commit such crimes.(a) Incident Records - A record shall be made for each trip on (b) Except in extraordinary circ*mstances, established by clear

forms or data format specified by the Department. Copies shall be and convincing evidence that certification or recertification will nottransmitted in accordance with instructions provided by the jeopardize public health and safety, the Department shall denyDepartment. Storage of forms and use of information contained applicants for certification or recertification in the followingtherein shall assure patient confidentiality. Copies of the above trip categories:records shall be maintained and stored by each ambulance service (i) Persons who are convicted of any crime not listed in (a)for a minimum of ten years. The method of storage shall lend itself and who are currently incarcerated, on work release, on probationto ready retrieval of specified records. or on parole.

(b) Personnel Records - A personnel file shall be maintained (ii) Conviction of crimes in the following categories, unless atfor ambulance personnel which shall include their qualifications least three years have passed since the conviction or at least threeand training. years have passed since release from custodial confinement,

(c) [EMT-D Incident Cassette Tapes - Tapes accompanied by whichever occurs later:a written critique form shall be maintained for a minimum of ten (A) Crimes of violence against persons, such as assault;years. (B) Crimes defined as domestic violence under Section 77-36-

(d) ]Records required herein shall be available for inspection 1;by representatives of the Department. (C) Crimes involving controlled substances or synthetics, or

R426-1-5. Personnel.(1) Ground ambulances, while providing ambulance services, defined by the Uniform Controlled Dangerous Substances Act; and

shall have the following minimum complement of personnel who (D) Crimes against property, such as grand larceny, burglary,shall meet all requirements as outlined in this Ambulance Rule: embezzlement or insurance fraud.

(a) Two attendants, each of whom is an Emergency Medical (c) The Department shall deny certification or recertificationTechnician, EMT-Paramedic, licensed medical doctor or registered to individuals convicted of crimes, including DUIs, but notnurse under Title 58, and including minor traffic violations chargeable as infractions after

(b) A driver, 18 years of age or older, who is the holder of a consideration of the following factors:valid driver’s license. If the driver is also an EMT, EMT-I, EMT- (i) The seriousness of the crime.Paramedic, licensed medical doctor or registered nurse under Title (ii) Whether the crime relates directly to the skills of58, the driver shall qualify as one of the two attendants required. prehospital care service and the delivery of patient care.

(2) Ambulance services authorized by the Department to (iii) Amount of time that has elapsed since the crime wasprovide advanced life support shall assure that at least one EMT- committed.Advanced, EMT-Paramedic, nurse, or physician responds on each (iv) Whether the crime involved violence to or abuse ofcall. another person.

(3) An applicant for basic EMT or ambulance driver shall (v) Whether the crime involved a minor or a person ofprovide the information required on the application, including his diminished capacity as a victim.social security number. (vi) Whether the applicant’s actions and conduct since the

(4) The Department shall exclude from EMT certification an crime occurred are consistent with the holding of a position ofindividual who may pose an unacceptable risk to public health and public trust.safety, as indicated by his criminal history. The Department shall (vii) Total number of arrests and convictions.conduct a background check on each individual who seeks to certify (viii) Whether the applicant was truthful regarding the crimeor recertify as an EMT. on his/her application.

(a) An individual convicted of certain crimes presents an (d) Certified EMS personnel must notify the Department ofunreasonable risk and the Department shall deny all applications for any arrest or conviction. The Department may suspend, decertify,certification or recertification by individuals convicted of the or place on probation anyone who does not notify the Departmentfollowing crimes: within 30 days of the arrest or conviction.

(i) Sexual misconduct if the victim’s failure to affirmatively (e) The Department may decertify or suspend certification, orconsent is an element of the crime, such as forcible rape. place a person on probation for any of the above violations.

(ii) Sexual or physical abuse of children, the elderly or infirm, (f) The Department may require an EMT to submit to asuch as sexual misconduct with a child, making or distributing child background check upon Department request. The Department mayp*rnography or using a child in a sexual display, incest involving decertify or suspend certification, or place on probation an EMTa child, assault on an elderly or infirm person. who refuses to submit to a background check.

(iii) Abuse, neglect, theft from, or financial exploitation of a (5) The Department may refuse to issue a certification orperson entrusted to the care or protection of the applicant, if the recertification, or suspend or revoke a certification for any of the

counterfeit drugs, including unlawful possession or distribution, orintent to distribute unlawfully, Schedule I through V drugs as

following causes:

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(a) Habitual or excessive use or addiction to narcotics or the time limit to individuals who demonstrate good cause based ondangerous drugs. Refusal to take a drug test administered by an extenuating circ*mstances.EMS employer or the department is grounds for refusal, suspension (8) An individual who wishes to be certified in EMT-IVor certification revocation by the Department of Health. Infusion (IV) shall:

(b) Habitual abuse of alcoholic beverages or being under the (a) have 12 months of field experience as a certified EMT;influence of alcoholic beverages while on call or on duty as an however, the 12 month period may be reduced to six months withEmergency Medical Technician or while driving any emergency special authorization from the Department based upon a writtenvehicle. request from the resource hospital medical director showing the

(c) Failure to comply with the emergency medical technician need for advanced level EMTs;training certification or recertification requirements of this rule. (b) be currently certified as an EMT in Utah;

(d) Fraud or deceit in applying for or obtaining a certification (c) complete the Department-approved IV training moduleor fraud, deceit, incompetence, patient abuse, theft, or dishonesty in which includes pediatric vascular access;the performance of duties and practice as an emergency medical (d) successfully complete the Department written examinationtechnician. and clinical practical evaluation; and

(e) Involvement in the unauthorized use or removal of (e) Complete all requirements for certification within 90 daysnarcotics, drugs, supplies or equipment from any emergency vehicle from course completion date; however, the Department may extendor health care facility. the time limit to individuals who demonstrate good cause based on

(f) Performing procedures or skills beyond the level of extenuating circ*mstances.certification or violation of laws pertaining to medical practice and (9) Recertification is required every [three]four years. Thisdrugs. period may be modified by the Department to standardize EMT

(g) Conviction of a felony, misdemeanor, or a crime involving recertification cycles. Anyone who recertifies after July 1, 1998,moral turpitude, excluding minor traffic violations chargeable as shall receive a four year certification. Anyone certified prior to thatinfractions. date, must continue to recertify as of the date on their identification

(h) Mental incompetence as determined by a court of badge and will be converted to the four year cycle uponcompetent jurisdiction. recertification.

(i) Demonstrated inabilities and failure to perform adequate (a) An EMT-Basic who wishes to recertify shall:patient care. (i) submit a completed application form, including social

(j) For good cause, including conduct which is unethical, security number, to the Department;immoral, or dishonorable. (ii) submit to a background investigation;

(6) An individual who wishes to be certified as a Basic (iii) maintain and submit [to the Department ]verification of aEmergency Medical Technician (EMT), shall: department-approved current course completion in cardiopulmonary

(a) submit a completed application form, including social resuscitation[ card or certificate meeting standards approved by thesecurity number, to the Department; Department];

(b) be 18 years of age or older; (iv) submit to the Department evidence of having completed(c) submit to a background investigation; [60]25 hours of Department-approved CME [during the previous(d) complete a Department-approved EMT course; three year period]each year, in accordance with the Recertification(e) display technical competence during field and clinical Protocol for Emergency Medical Technicians;

training; (v) successfully complete the Department EMT written and(f) successfully complete the Department written and practical practical examinations;

examinations; and (vi) submit a statement from the applicant’s sponsoring agency(g) complete all requirements for certification within 90 days confirming the applicant’s results of a TB examination.

from course completion date. The Department may extend the time (vii) Certification as an EMT-P or an EMT-I will fulfill EMTlimit to individuals who demonstrate good cause based on recertification requirements. Recertification will be for a concurrentextenuating circ*mstances. time period.

(7) An individual who wishes to be certified as an Emergency (b) An EMT-Intermediate who wishes to recertify shall:Medical Technician - Intermediate (EMT-I), shall: (i) complete all EMT-Basic recertification requirements;

(a) have 12 months of field experience as a certified EMT, (ii) successfully complete the Department written and practicalhowever, the 12 month period may be reduced to six months with Intermediate examination;special authorization from the Department, based upon a written (iii) submit a letter to the Bureau from the resource hospitalrequest from the resource hospital medical director showing the medical director recommending the individual for recertificationneed for advanced level EMTs; and verifying the individual’s demonstrated proficiency in the

(b) be currently certified as an EMT in Utah; following EMT-I skills:(c) complete a Department-approved EMT-I course; (A) initiating and terminating intravenous infusion, including(d) display technical competence during field and clinical pediatric vascular access;

training; (B) insertion and removal of intraosseous needles;(e) successfully complete the Department written examination (C) insertion and removal of esophageal obturator airway; and

and clinical practical evaluation; and (D) administration of medications via intramuscular,(f) complete all requirements for certification within 90 days subcutaneous, and intravenous routes.

from course completion date; however, the Department may extend (c) An EMT-IV who wishes to recertify shall:

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56 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

(i) successfully complete EMT-Basic recertification (c) Applicants shall submit to a background check.requirements; (d) Applicants shall provide verification to the Department

(ii) submit a letter to the Bureau from the resource hospital that the certifying course meets the standards established by themedical director recommending the individual for recertification Department.and verifying the individual’s demonstrated proficiency in EMT-IV (e) Applicants shall successfully complete the Department’sskills; and written and practical examinations.

(iii) successfully complete the Department IV written (14) Reciprocity for advanced level applicants certifiedexamination. outside of the state of Utah is, at the discretion of the Department,

(10) Emergency Medical Technicians who permit their based on the following considerations:certification to lapse for a period of less than [three]one year[s], and (a) Applicants shall provide the Department with a copy ofwho wish to regain it shall: their current Emergency Medical Technician Certification.

(a) submit a completed application, including social security (b) Applicants shall provide verification to the Departmentnumber, to the Department; that the certifying course meets the standards established by the

(b) submit to a background check; Department.(c) submit to the Department evidence of having completed (c) Applicants shall complete all basic EMT reciprocity

[60]25 hours each year of Department-approved CME[ within three requirements.years prior to application], in accordance with the Recertification ([c]d) Applicants shall successfully complete the DepartmentProtocol for Emergency Medical Technicians; applicable Advanced Level certification written and practical

(d) maintain and submit verification of a department-approved examinations.current course completion in cardiopulmonary resuscitation[ card (15) Persons who fail any part of the written or practicalor certificate meeting standards approved by the Department]; certifying examination may retest based upon the following:

(e) successfully complete the Department’s written and (a) [The applicant must request a re-examination.practical examination; (b) The applicant must take the re-examination after

(11) Those individuals who permit their EMT-I certification notification of failure of the initial examination.to lapse for a period of less than one year, and wish to regain it (c) ]Only one re-examination is permitted.shall: ([d]b) Applicants who fail the EMT-Basic re-examination

(a) submit [a letter to the Department requesting consideration must take a complete EMT training course to be eligible for furtherfor re-entry into the certification program, which shall be examination.accompanied by ]the following[ items]: ([e]c) Applicants failing the IV Infusion re-examination must

(i) completed recertification application including social take that complete module to be eligible for further examination.security number; (16) Recertification Examination Standards

(ii) letter of recommendation from the ambulance or rescue (a) An EMT-Basic who fails any part of the written or practicalservice with which they are affiliated; recertification examination may retest [based on the following:]in

(iii) letter of recommendation including results of a structured accordance with testing standards established by the Department.oral examination, from the resource hospital medical director [(i) The applicant must request a re-examination.verifying proficiency in EMT-I skills; and (ii) The applicant must re-take the examination after

(iv) evidence of completion of [twenty]25 hours of notification of failure of recertification examination.Department-approved CME for each year [away from the (iii) Only one re-examination is permitted.program]since last recertification. (iv]) Applicants who fail the recertification re-examination

(b) [Upon Department approval for re-entry, c]Complete the must take a complete EMT training course.]written and practical recertification examination. (b) An EMT-I[, IV] who fails any part of the written or

(12) Those individuals who permit their IV certification to practical recertification examination may retest [based on thelapse and wish to regain it shall: following:]in accordance with testing standards established by the

(a) [s]Submit a completed recertification application to the Department.Department, including social security number; (i) [The applicant must request a re-examination.

(b) [be currently certified as a Utah EMT;]Complete the basic (ii) The applicant must re-take the examination afterEMT certification requirements; notification of failure of recertification examination.

(c) [s]Submit a letter of recommendation including results of (iii) Only one re-examination is permitted.a structured oral examination from the resource hospital medical (iv) Applicants who fail the recertification re-examinationdirector verifying proficiency in EMT-IV skills; and must retake the complete EMT-I training course to be eligible for

(d) [s]Successfully complete the Department’s written further examination.]examination. (17) An individual who teaches EMT training programs shall:

(13) The Department may grant reciprocity for EMT-Basic (a) Be certified as an Emergency Medical Technicianapplicants certified outside of the State of Utah based on the Instructor, or instructor specialist by the Department, or be afollowing considerations: licensed physician under Title 58;

(a) Applicants shall submit to the Department a completed (b) Successfully complete an instructor certification course.application, including social security number. (18) An individual who teaches EMT-Advanced training

(b) Applicants shall provide the Department with a current programs shall be licensed under Title 58 as a physician orcopy of their Emergency Medical Technician Certification. registered nurse, or be approved by the Department.

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(19) An individual who teaches pediatric vascular courses must and emergency services representatives. Minutes shall be kept andbe a licensed physician or registered nurse who has completed a filed for Department review.Department-approved pediatric advanced life support course or who (d) The hospital will assume management responsibility forhas completed the Department Emergency Medical Services for EMT-Advanced training programs and will conduct them only uponChildren instructor course. written authorization by the Department and in accordance with

(20) When responding to a medical emergency, EMTs shall Departmental curriculum and guidelines.display their Department-approved certification identification on (e) The hospital will assume responsibility for providingouter clothing to identify competency level at the scene. EMTs didactic and clinical CME for EMT-Advanced personnel withinrepresenting volunteer ambulance services shall comply with this their region.requirement to the extent practicable. Any person displaying a Utah (f) The hospital will assure that medical control will beEMT certification identification, who is not so certified, is guilty of available to EMT-Advanced personnel 24 hours per day viaa Class B misdemeanor, as provided in 26-8-7(1) and 26-8-15. department approved telecommunications. Control shall be as

(21) An EMT shall be under medical control of a physician follows:representing a designated resource hospital. When EMTs arrive at (i) EMT-IV and EMT-I (excluding drug orders), direct voicethe scene of an injury or illness, they must secure radio or communications with a licensed physician or a registered nurse intelephonic contact with their resource hospital to establish medical voice contact with a licensed physician or by voice communicationcontrol as quickly as possible. If radio or telephonic contact cannot with responding paramedics as per local medical control protocol.be obtained, the EMT must so indicate on the EMS report form and (ii) EMT-IV and EMT-I may initiate intraosseous infusionmust follow local written protocol. If there is a physician at the after direct voice communications with a licensed physician or withscene who wishes to assist or provide medical direction to the EMT, a registered nurse who is in voice contact with a licensed physician.the EMT [shall]may follow his instructions, but only until Standing orders for use of intraosseous infusion are not sufficient.communications are established with the physician at the resource (iii) Drug orders shall be given only by a registered nurse whohospital. Once communications are established with the resource is currently certified by the American Heart Association inhospital physician, the EMT shall take orders from him. If the Advanced Cardiac Life Support (ACLS), or by a physician.physician at the scene wishes to continue directing EMT activities, (g) The medical director may provide to Advanced EMTsthe EMT shall place the at-scene physician in radio contact with the signed written standing or contingency orders for the use of IVs andresource hospital physician. The resource hospital physician may esophageal obturators to deal with extraordinary circ*mstances or(1) allow the physician at the scene to assume or continue medical when medical control via telecommunications is not available,control, (2) retain EMT medical control, but allow the physician at however, routine system operation shall be in accordance withthe scene to assist, or (3) retain medical control with no R426-1-7(1)(f).participation by the on-scene physician. If option (1) is followed, [ (h) The hospital will maintain tape recordings of all EMT-all orders given to EMTs by the at-scene physician shall be repeated Advanced cardiac drug order transmissions.]over the radio or telephone by the resource hospital physician for ([i]h) The hospital shall provide patient data identified by theevaluation and [recording]documentation. If, in the judgment of the department. This data shall be submitted at least quarterly to theresource hospital physician who is monitoring and evaluating the at- department. Corporate submittal is preferred. The data must bescene medical control, the care is inappropriate to the nature of the submitted electronically in a format acceptable to the department.medical emergency, the resource hospital physician may reassume ([j]i) The minimum data set that hospitals are required tomedical control of the at-scene EMTs. submit comes from the UB92 file format. The required data

R426-1-7. EMT-Advanced Standards.(1) Resource Hospital - Advanced Life Support (ALS) system Record Type

control shall be vested in a regional resource hospital designated by Provider Identifier (hospital)the EMS Committee. Resource hospital designation process - A Patient Social Security Numberhospital desiring to be designated as a regional resource hospital Patient Control Numbershall complete an application form provided by the Department Type of Billwhich assures that the following rules will be met: Patient Name

(a) The hospital will assume medical leadership for the Patient’s Address (postal zip code)provision of advanced life support services in a specified Patient Date of Birthgeographical area. Patient’s Gender

(b) The hospital will designate a physician as medical director Admission Datewho will assume overall medical direction of the regional advanced Admission Hourlife support system. Discharge Hour

(c) The hospital will designate an ALS medical control Patient’s Medical Record Numbercommittee which will meet at least quarterly to review and evaluate Revenue Code 1 ("450" in at least one of the Rev code fields)EMT-Advanced emergency runs, continuing medical education Total Charges by Revenue Code 1 ("001" last total Chargeneeds and program administration problems. Committee members Field, is sum)shall include resource hospital medical director, hospital nurse Revenue Code 2 ("450" used for record selection)representative, hospital administration representative, ambulance Total Charges by Revenue Code 2 ("001" sum of all charges)

elements are:Unique Patient Control Number

Primary Payer Identification

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58 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

Estimated Amount Due provide basic life support services plus the following advanced lifeSecondary Payer Identification support procedures:Estimated Amount Due (i) EMTs with IV certification - Administer intravenous andTertiary Payer Identification intraosseous solutions as listed in the "R426 Appendix", and drawEstimated Amount Due blood specimens for analysis.Patient Estimated Amount Due (ii) EMT-I - Administer IV infusion, airway intubation byPrincipal Diagnosis Code esophageal obturator, and drugs limited to those described in theSecondary Diagnosis Code 1 document "R426 Appendix." Cardiac drugs may be used onlySecondary Diagnosis Code 2 when:Secondary Diagnosis Code 3 (A) The patient is being monitored;Secondary Diagnosis Code 4 (B) [An ECG strip has been successfully transmitted andSecondary Diagnosis Code 5 received at the resource hospital or designated paramedic baseSecondary Diagnosis Code 6 station as provided in R426-1-3-9; andSecondary Diagnosis Code 7 (C) ]The EMT-I has received verbal direction from theSecondary Diagnosis Code 8 resource hospital physician or other authorized medical personnelExternal Cause of Injury Code (E-Code) to administer the drug. Standing orders for the use of drugs are notProcedure Coding Method Used allowed.Principal Procedure (b) Defibrillation - Persons certified as EMTs,[ or] EMT-Is,Secondary Procedure 1 [with D certification ]or paramedics [certification ]whileSecondary Procedure 2 functioning under these standards shall:Secondary Procedure 3 (i) Utilize equipment specified for [EMT-D ]defibrillation andSecondary Procedure 4, and [record ]report all runs where cardiopulmonary resuscitation isSecondary Procedure 5 performed.[ The recording shall commence upon arrival of the([k]j) Where medications are approved, the hospital will EMT-D at the patient’s side and shall not be terminated until care

provide initial supplies and replenish supplies expended during of the patient is directly assumed by the hospital medical director,patient treatment. his representative, or at the scene just prior to transport by a

([l]k) Where EMT or EMT-I defibrillation services are certified EMT- Paramedic functioning with a licensed paramedicapproved, the Medical Director or service Medical Director service.]approved by the Department shall[: (ii) Determine the presence of ventricular fibrillation and

(i) ] [C]conduct or have his designee conduct a periodic review defibrillate according to the established Department protocol.and practical session for each [D ]certified EMT or EMT-I for (3) Equipment and supplies - See "R426 Appendix" forwhom he provides medical control. [This review shall be conducted required list of equipment and supplies.monthly for D/Manual services and semi-annually for D/Automatic (4) EMT-Advanced/Physician Relationship - An Advancedservices. ]The review shall be in accordance with Department EMT where possible shall be under medical control of a physicianprotocol. He shall suspend any [D ]certified EMT or EMT-I from representing a designated resource hospital. When Advancedfunctioning for 30 days if the EMT[-D] fails to pass the required EMT’s arrive at the scene of an injury or illness, they should securereview. If the EMT fails three consecutive defibrillation practical radio or telephonic contact with their resource hospital to establishreviews he shall be decertified by the Department. However, if medical control as quickly as possible. If radio or telephonicbecause of illness or medical director-approved absence from contact cannot be obtained, the Advanced EMT should so indicateservice, the EMT is unable to be present for examination, he may be on the EMS report form and should follow local written protocol.reinstated, after testing if no longer than six months have elapsed If there is a physician at the scene who wishes to assist or providesince his last successful examination. medical direction to the Advanced EMT, the Advanced EMT shall[ (ii) Assure that cassette tape recordings are made on all follow his instructions but only until communications areDefibrillator runs in accordance with operational standards. established with the physician at the resource hospital. Once

(iii) Review and critique 100% of all Defibrillator runs for communications are established with the resource hospitaleach service. physician, the Advanced EMT shall take orders from him. If the

(iv) Submit semi-annual reports regarding Defibrillator physician at the scene wishes to continue directing Advanced EMTprogram activity to the Department on forms provided by the activities, the Advanced EMT shall place the at-scene physician inDepartment. The report may include as a minimum: radio contact with the resource hospital physician. The resource

(A) Defibrillation run data; hospital physician has the option of (1) allowing the physician at(B) Verification of medical director review of each the scene to assume or continue medical control, (2) assuming

Defibrillation run; Advanced EMT medical control, but allowing the physician at the(C) Verification of D certified EMT review and practice scene to assist, or (3) assuming medical control with no

session; participation by the on scene physician. In the event option 1 is(D) Notice of any change in individual D certified EMT followed, all orders given to Advanced EMT’s by the at-scene

status. physician shall be repeated over the radio or telephone by the] (2) Operational standards resource hospital physician for evaluation and

(a) Persons certified as EMTs with IV certification or EMT-Is, [recording]documentation. If in the judgment of the resourcewhile functioning under resource hospital medical control, may hospital physician who is monitoring and evaluating the at-scene

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medical control, the care is inappropriate to the nature of themedical emergency, the resource hospital physician may reassumemedical control of the at-scene Advanced EMT’s.

(5) Paramedics on board non-paramedic ambulances -Certified EMT-Paramedics providing services for a licensedparamedic rescue service may, under medical control, continuethose services during transport of the patient to a medical facility ina licensed EMT-Basic or EMT-Intermediate ambulance.

R426-1-13. Training Equipment Rental Fees.Department-owned training equipment is available for rental

upon request to assist training personnel in conducting initialtraining and continuing medical education programs.[ Rental feesare as follows:

7$%/(

D������&RPSOHWH�VHW�SHU�FRXUVH��0LQLPXP�FKDUJH��������������������$GGLWLRQDO�FKDUJH�SHU�VWXGHQW�RYHU������������������E������7UDLQLQJ�HTXLSPHQW�FRVW�SHU�SLHFH�SHU�GD\�������6SK\JPRPDQRPHWHU�������������������������������������������6WHWKRVFRSHV��5HJXODU��������������������������������������'XDO�6WHWKRVFRSH��7UDLQHUV���������������������������������&HUYLFDO�&ROODUV�������)RDP�������������������������������������������������������3KLODGHOSKLD�����������������������������������������������&DUGLR�3XOVDU����������������������������������������������2[\JHQ�3RZHUHG�'HPDQG�9DOYH��������������������������������2[\JHQ�3RZHUHG�6XFWLRQ�8QLW��������������������������������%DJ�0DVN�5HVXVFLWDWRUV�������������������������������������6SUD\�%RWWOHV����������������������������������������������&RQVWUXFWLRQ�.QLYHV����������������������������������������$LUZD\�.LWV������������������������������������������������2[\JHQ�)ORZPHWHU�.LW���������������������������������������2[\JHQ�&\OLQGHUV�������������������������������������������2UWKRSHGLF�%DFNERDUG��6FRRS��������������������������������6KRUW�%DFNERDUG��0HWDO�������������������������������������6KRUW�%DFNERDUG��:RRG��������������������������������������/RQJ�%DFNERDUG��:RRG���������������������������������������)ROGLQJ�%DFNERDUG��0HWDO�����������������������������������.�(�'��6SOLQW����������������������������������������������/RQJ�%RDUG�/HJ�6SOLQWV�������������������������������������7KRPDV�+DOI�5LQJV������������������������������������������)HPXU�7UDFWLRQ�6SOLQW�ZLWK�5DWFKHW�������������������������)HPXU�7UDFWLRQ�6SOLQW�ZLWKRXW�5DWFKHW����������������������$UP\�6WUHWFKHUV��������������������������������������������+HQULH�.QHH�7UDF�������������������������������������������$OO�/HYHO�$PEXODQFH�&RW������������������������������������%DFNERDUG�6WUDSV�DQG�1HFN�UROO�����������������������������%ODQNHWV���������������������������������������������������3LOORZV�DQG�3LOORZ�&DVHV�����������������������������������0$67�7URXVHUV����������������������������������������������6NHOHWRQ���������������������������������������������������5HVXVFL�$QQH�,,��������������������������������������������5HVXVFL�%DE\�����������������������������������������������5HFRUGLQJ�5HVXVFL�$QQH�������������������������������������2EVWHWULFDO�0DQQHTXLQ�����������������������������������������00�6OLGH�3URMHFWRU�.LW�������������������������������������00�6OLGH�6HWV��&RPSOHWH�6HW��������������������������������00�6OLGH�7UD\V���������������������������������������������00�0RWLRQ�3LFWXUH�3URMHFWRU��������������������������������00�)LOPV������������������������������������������������([WULFDWLRQ�.LWV�������������������������������������������$LU�&KLVHO�5HVFXH�7RRO�.LW���������������������������������&RPSUHVVHG�$LU�&\OLQGHU������������������������������������.�%DU�5HVFXH�7RRO������������������������������������������0RXODJH�.LW������������������������������������������������'XUDZD[����������������������������������������������������,QWXEDWLRQ�0DQQHTXLQ��$GXOW�DQG�,QIDQW���������������������/DU\QJRVFRSHV����������������������������������������������(7�7XEHV��������������������������������������������

�������(VRSKDJHDO�2EWXUDWRU�$LUZD\�.LWV���������������������������&DUGLDF�0RQLWRU�DQG�'HILEULOODWRU��������������������������+HDUW�6LPXODWRU��������������������������������������������3RUWDEOH�6XFWLRQ�8QLW��������������������������������������,QIXVLRQ�7UDLQHU�������������������������������������������$QDWRPLFDO�0RGHO�������������������������������������������9LGHR�7DSHV������������������������������������������������%LR�&RP�5HQWDO���������������������������������������������&DUGERDUG�6SOLQWV������������������������������������������3KRQHV��6RXQG�3RZHUHG��������WZR�SKRQHV�DQG�ZLUH��SHU�VHW������������������������������)OLS�&DUG�)LOH���������������������������������������������0U��+XUW���������������������������������������������������6DIHW\�*RJJOHV���������������������������������������������2�%��.LW���������������������������������������������������/LIH�3DFN�������������������������������������������

]KEY: emergency medical services[July 6, 1998]1999 26-8Notice of Continuation December 9, 1997

ñ ñ

R426-2

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21688FILED: 11/19/1998, 08:52

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: Requestto go to a four-year agency licensure in order to stayconsistent with ambulance and paramedic agency licensureperiods. Other changes are clean up amendments.

SUMMARY OF THE RULE OR CHANGE: The proposed change willdefine air ambulance licensure to four years.

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Title 26, Chapter 8

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: The Bureau will see a reduction ofapproximately $66.67 per year. There are eight airambulances in Utah, they license every three years, and itcosts them $100. They would go to a four-year licensure andpay $100 every four years.ïLOCAL GOVERNMENTS: Aggregate savings to localgovernments because of the four-year licensure would meanapproximately $466.69 savings per year.ïOTHER PERSONS: The single existing private air ambulancewould save approximately $66.67 per year.COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be noadditional costs to anyone and there will be a $66.67 savings

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (66)

NOTICES OF PROPOSED RULES DAR File No. 21688

60 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

for each air ambulance provider to comply with the proposedrule change.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: Affected businessesshould see a cost savings from this rule change--Rod Betit.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

HealthHealth Systems Improvement,Emergency Medical ServicesCannon Health Building288 North 1460 WestPO Box 142004Salt Lake City, UT 84114-2004, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Leslie Johnson at the above address, by phone at (801) 538-6292, by FAX at (801) 538-6808, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: Rod Betit, Executive Director (16) Person means any individual, firm, partnership,

R426. Health, Health Systems Improvement, EmergencyMedical Services.R426-2. Air Medical Service Rules.R426-2-2. Definitions.

As used in Rule R426-2:(1) Advanced Life Support means an advanced level of pre-

hospital and inter-hospital emergency care that includes basic lifesupport functions plus some or all of the following techniques orprocedures: cardiac monitoring, cardiac defibrillation, [telemetered]electrocardiography, administration of specific medications, drugs,and solutions, use of adjunctive medical devices, trauma care, andother techniques and procedures authorized by the committee.

(2) Air medical personnel means the pilot and patient carepersonnel who are involved in an air medical transport.

(3) Air Medical Service means any publicly or privately ownedorganization that is licensed or applies for licensure under R426-2.

(4) Air Ambulance means any privately or publicly owned airvehicle specifically designed, constructed, or modified, which isintended to be used for and is maintained or equipped with theintent to be used for, maintained or operated for the transportationof individuals who are sick, injured, or otherwise incapacitated orhelpless.

(5) Air Medical Service Medical Director means a physicianknowledgeable of potential medical complications which may arisebecause of air medical transport, and is responsible for overseeingand assuring that the appropriate air ambulance, medical personnel,and equipment are provided for patients transported by the airambulance service.

(6) Air Medical Transport Service means the transportationand care of patients by air ambulance.

(7) [CAAMS]CAMTS is the acronym for the Commission onAccreditation of [Air ]Medical [Services]Transport Systems, whichis a non-profit organization dedicated to improving the quality of airmedical services.

(8) Committee means the State Emergency Medical ServicesCommittee.

(9) Department means the Utah Department of Health.(10) Director means the Director of the Utah Department of

Health.(11) License means the authorization issued by the Department

to a person to provide emergency medical services.(12) License Officer means the Director of the Department or

the Director’s designee.(13) Medical Control means direction and advice provided by

medical personnel at a designated medical facility to pre-hospitaladvanced life support personnel by radio or telephoniccommunications, written protocol, or direct verbal order.

(14) Patient means an individual who, as the result of illnessor injury, needs immediate medical attention, whose physical ormental condition presents an imminent danger of loss of life orsignificant health impairment, or who may be otherwiseincapacitated or helpless as a result of a physical or mentalcondition.

(15) Permit means the authorization issued by the Departmentin respect to an air ambulance used or to be used to provide airmedical transport services.

association, corporation, company, group of individuals actingtogether for a common purpose, agency, or organization of anykind, public or private.

(17) Physician means a medical doctor licensed to practicemedicine in Utah.

(18) PA means a licensed Physician’s Assistant.(19) Pilot means any individual licensed under Federal

Aviation Regulations, Part 135.(20) Quality Management means a total process of continually

monitoring, assessing, and improving the quality of the service.(21) Quality Management Director means the person who is

the quality management team leader.(22) Resource Hospital means a facility designated by the EMS

Committee which assumes medical leadership and medical controlfor the provision of advanced life support services in a specifiedgeographical area.

(23) RN means a registered nurse.(24) RT means a registered respiratory therapist.(25) Specialized Life Support Air Medical Service means a

level of care which requires equipment or speciality patient care byone or more medical personnel in addition to the regularlyscheduled air medical team.

R426-2-3. Requirements for Licensure.(1) The Department may issue licenses and vehicle permits to

air medical services conforming to R426-2 for Advanced LifeSupport Air Medical Service and for Specialized Life Support AirMedical Service. A Specialized Life Support Air Medical Servicelicense must list, on the license, the specialities for which theSpecialized Life Support Air Medical Service is licensed.

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (67)

DAR File No. 21694 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 61

(2) A person may not furnish, operate, conduct, maintain, revoked or suspended by the Department. The department mayadvertise, or provide air medical transport services to patients conduct inspections to assure compliance.within the state or from within the state to out of state more than (8) Upon change of ownership, an air medical service licenseonce in a twelve month period unless licensed by the Department. and air ambulance permit terminates and the new owner or operator

(3) An air medical service shall comply with all state and must file within ten business days of acquisition an application forfederal requirements governing the specific vehicles utilized for air renewal of the air medical service license and air ambulance permit.medical transport services. (9) Air medical services must have an agreement to allow

(4) An air medical service must provide air medical services 24 hospital emergency department physicians, nurses, and otherhours a day, every day of the year as allowed by weather conditions personnel who participate in emergency medical services to fly onexcept when the service is committed to another medical emergency air ambulances.or is unavailable due to maintenance requirements. (10) Air medical services must provide reports to the

(5) To become licensed as an air medical service, an applicant Department, for each mission made, on forms or a data formatmust submit to the Department an application and appropriate fees specified by the Department.for an original license which shall include the following: (11) Effective July 1, 1998, successful completion of the

(a) Certified Articles of Incorporation, if incorporated. [CAAMS]CAMTS certification process is required for licensure(b) The name, address, and business type of the owner of the and relicensure by the Department as an air medical service.

air medical service or proposed air medical service. (a) Air medical services licensed under R426-2 as of July 1,(c) The name and address of the air ambulance operator(s) 1997 must achieve [CAAMS]CAMTS certification as of July 1,

providing air ambulance(s) to the service. 1998, and meet requirements of R426-2 for relicensure.(d) The name under which the applicant is doing business or (b) Air medical services licensed under R426-2 after July 1,

proposes to do business. 1997 must submit an application for [CAAMS]CAMTS(e) A statement summarizing the training and experience of the certification within one year of receiving a license under this rule.

applicant in the air transportation and care of patients.(f) A description and location of each dedicated and back-up

air ambulance(s) procured for use in the air medical service,including the make, model, year of manufacture, FAA-N number,insignia, name or monogram, or other distinguishing characteristics.

(g) A copy of current Federal Aviation Administration(FAA)Air Carrier Operating Certificate authorizing FAR, Part 135,operations.

(h) A copy of the current certificate of insurance for the airambulance.

(i) A copy of the current certificate of insurance demonstratingcoverage for medical malpractice.

(j) The geographical service area, location and description ofthe place or places from which the air ambulance will operate.

(k) Name of the training officer responsible for the air medicalpersonnel continuing education.

(l) The name of the air medical service medical director.(m) A proposed roster of medical personnel which includes

level of certification or licensure.(n) A statement detailing the level of care for which the air

medical service wishes to be licensed, either advanced orspecialized.

(6) Upon receipt of an appropriately completed application foran air medical service license and submission of license fees, theDepartment shall collect supporting documentation and review eachapplication. The Air Ambulance Subcommittee shall review eachapplication and make recommendations to the Department forlicensure based upon type of service to be offered, equipment andtrained personnel. Public need and necessity requirements ofSubsection 26-8-7(2) are superseded by federal law. After reviewand recommendation by the Air Ambulance Subcommittee, andbefore issuing a license to a new air medical service, theDepartment shall directly inspect the vehicle(s), the air medicalequipment, and required documentation.

(7) The Department shall issue an air medical service licenseand air ambulance permit for a period of [three]four years from thedate of issue and which shall remain valid for the period unless

KEY: emergency medical services[September 23, 1997]1999 26-8Notice of Continuation December 9, 1997

ñ ñ

R426-3

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21694FILED: 11/19/1998, 12:02

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: In orderto make all levels of Emergency Medical Services (EMS)certification consistent, it is necessary to eliminate the initialtwo-year paramedic certification and change it to a four year.Other changes were made as explained under "Summary ofthe rule or change."

SUMMARY OF THE RULE OR CHANGE: The proposed change willdefine paramedic agency licensure periods to four years. Itwill also change initial paramedic certification from two to fouryears. The proposed change modifies "communication."References to telemetry recordings were deleted from therules. The references were left in when tape recordings weredeleted in a previous rule amendment. Minimum hours oftraining for paramedics have been changed to 1,000 hours,which is in conformance with the new curriculum. The title of

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (68)

NOTICES OF PROPOSED RULES DAR File No. 21694

62 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

the rule will change from "Utah Mobile Paramedic Rule" to"Paramedic Rule."

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Title 26, Chapter 8

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: The Bureau will see a reduction ofapproximately $810 each year for paramedic recertification.This is based on certifying 30 new paramedics per year andlosing $27 a year because their initial certification period nowbecomes four years. The Bureau will also see a reduction ofapproximately $108.29 per year for licensed paramedicservices. There are 13 licensed paramedic services.ïLOCAL GOVERNMENTS: Aggregate savings to localgovernments because of the four year recertification wouldbe approximately $756 per year. This is based on 28 of the30 certifying paramedics per year working for localgovernment. Local Governments’ aggregate savings forparamedic licensure would be $91.63, because 11 of the 13agencies are local government agencies.ïOTHER PERSONS: Non-affiliated paramedics would save $54per year. This is based on two of the 30 paramedic trainedper year, being unaffiliated. Two private paramedic agencies’aggregate savings for paramedic licensure would be $16.66.COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be noadditional costs to anyone to comply with the proposed rulechange.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT mental condition presents an imminent danger of loss of life orTHE RULE MAY HAVE ON BUSINESSES: Affected businesses willrealize a savings by this rule change--Rod L. Betit.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

HealthHealth Systems Improvement,Emergency Medical ServicesCannon Health Building288 North 1460 WestPO Box 142004Salt Lake City, UT 84114-2004, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Leslie Johnson at the above address, by phone at (801) 538-6292, by FAX at (801) 538-6808, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: Rod Betit, Executive Director

R426. Health, Health Systems Improvement, EmergencyMedical Services.R426-3. [Utah Mobile ]Paramedic Rules.R426-3-2. Definitions.

As used in rule R426-3:(1) Agency means any department, division, board, council,

committee, authority or agency of the State of Utah, or any of itspolitical subdivisions.

(2) Associate Hospital means a hospital which provides 24-hour emergency care and has [telemetry ]communication equipmentapproved by the Department which enables communication withEMT-Paramedics at a remote location through linkage with a basestation hospital.

(3) Base Station Hospital means a hospital which provides 24-hour emergency care and has [telemetry ]communication equipmentapproved by the Department which enables communication by radioand telephone with paramedics at a remote location.

(4) Department means the Utah Department of Health.(5) EMS Committee means the Utah Emergency Medical

Services Committee.(6) EMT-Paramedic means an emergency medical technician

who has completed an advanced life support training programapproved by the Department who is certified by the Department asqualified to render services enumerated in R426-3.

(7) License Officer means the Director of the Department orhis designee.

(8) Patient means an individual who, as the result of illness orinjury, needs immediate medical attention, whose physical or

significant health impairment, or who may be otherwiseincapacitated or helpless as a result of a physical or mentalcondition.

(9) Person means any individual, firm, partnership,association, corporation, company, group of individuals actingtogether for a common purpose, agency, or organization of anykind, public or private.

(10) Physician means a medical doctor licensed to practicemedicine and surgery in Utah.

(11) Receiving Center means any hospital which providesemergency care.

(12) Registered Nurse means a registered nurse licensed inUtah.

R426-3-3. Administration of the [Mobile ]Paramedic Rules.(1) The EMS Committee is responsible to establish rules as

enumerated in the Utah Emergency Medical Services Systems Act,Section 26-8-4. Pursuant to the Act (Subsection 26-8-3-(3)) and tomore effectively regulate the paramedic program, a ParamedicAdvisory Subcommittee is established as a standing subcommitteeadvisory to the EMS Committee.

(2) The Department is responsible for licensing paramedicservices, issuing ambulance and emergency response vehiclepermits, developing, conducting, or authorizing training programs,testing and certifying EMT-Paramedics and administering rulesherein adopted by the EMS Committee.

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (69)

DAR File No. 21694 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 63

(a) The Department shall license paramedic services for a deployment, including location, situation, possible duration, andperiod of four years from the date of issue. The license is valid for special needs.the period unless revoked or suspended by the Department. The (III) Paramedic Ambulance - Ambulances to be used routinelyDepartment will conduct annual inspections to assure compliance. to transport patients. These units shall also comply with theThe Department may adjust the four year licensure period to adjust requirements of the Ambulance Rules of the Utah Emergencyto revised recertification schedules. Medical Services Act.

(i) An application for a license shall be made to the (IV) Paramedic Ambulance Transfer Service - Paramedicappropriate Department representative on forms provided by the ambulance services may be licensed for "Paramedic TransferDepartment and shall contain at least the following information: Service" only. The service is restricted to movement of patients,

(A) written support from all related agencies; upon physician request, between medical or nursing facilities. This(B) financial statement (agencies are exempted); service is not intended to be a first response paramedic service.(C) copy of the Articles of Incorporation, if incorporated; (B) Staffing Requirements(D) the name and address of the owner of the paramedic (I) Paramedic configuration at the scene of an accident or

service or proposed paramedic service; medical emergency should be no less than two persons, each of(E) the name under which the applicant is doing business or whom is an EMT-Paramedic, licensed medical doctor or registered

proposes to do business; nurse under Title 58.(F) the training and experience of the applicant in the (II) Under extraordinary circ*mstances, as defined by the

transportation and care of patients; EMS Committee, a paramedic vehicle may be manned by one EMT-(G) the location and description of the place or places from Paramedic and one EMT. The licensee shall maintain a log of all

which the paramedic service is intended to operate; events and submit them to the Department thirty days prior to the(H) the proposed geographic service area; quarterly EMS Committee meeting for Committee review. The log(I) agreement to provide reports to the Department, for each shall show each date of variance, vehicle identification number,

trip made, on forms specified by the Department; and variance time period and justification.(J) agreement to make available, time for recertification (III) When a paramedic ambulance has been requested by the

programs available by hospitals, division, district, or develop their referring or attending physician for non-first response inter-facilityown as necessary. movement of a patient, and the physician describes the condition of

(ii) Upon receipt of an appropriately completed application the patient as "serious or potentially critical," paramedic ambulanceform for a paramedic service license, the license officer shall minimum staffing shall be as noted under R426-3-3(2)(a)(iii)(B)(I).comply with the requirements in Chapter 8, Title 26. The Where the physician describes the condition of the patient asParamedic Advisory Committee shall review each application and "critical," minimum paramedic ambulance staffing shall be as notedmake recommendations to the EMS Committee for licensure based under R426-3-3(2)(a)(iii)(B)(I), plus a driver who is the holder ofupon type of paramedic service to be offered, equipment, trained a valid driver’s license.personnel, and whether the public convenience and necessity (IV) The Department shall not authorize the expansion of anrequires the proposed paramedic service. Upon approval by the existing paramedic service until the provider can show adequateEMS Committee, and before issuing a license to a new paramedic manning levels to meet the required standard of two paramedics atservice, the license officer shall cause the paramedic vehicle and the scene of each accident or medical emergency.equipment to be inspected. The paramedic personnel training (C) Availability - Provide 24-hour coverage in the definedqualifications designated in each application hereunder will be geographic service area. Paramedic transfer services shall providereviewed to determine compliance with R426-3. 24-hour on-call coverage.

(iii) The applicant for a paramedic service provider license (D) Response Area - The closest vehicle will be dispatchedwill assure the Department that it complies with the following regardless of geopolitical boundaries between contiguous paramedicstandards: services.

(A) Utilize one of the following response configurations (iv) Equipment, Supplies and Medications - Each paramedicwhich shall be so designated on the license. unit shall carry medical equipment, supplies, medications, access

(I) Paramedic Rescue - Rescue units to be used for response and extrication equipment, and a standard tool box as described inonly, utilizing a licensed ambulance service for transport. the "R426 Appendix" hereby incorporated by reference into R426-

(II) Paramedic Tactical Rescue - A rescue unit trained in 3. This document may be modified at the discretion of thecombat medical response whose primary mission is the retrieval and Department as other needs or new methodology becomes known.field treatment of injured peace officers or victims of traumatic Copies may be obtained from the Department.confrontations. In addition to the information required under R426- (A) Tool Box - Paramedic services licensed only to provide3-3(2)(a) for licensure as a Paramedic Tactical Rescue Unit paramedic ambulance transfer services are exempt from these(PTRU), the applicant shall provide to the Department its standard requirements.operating procedures and a letter of recommendation by the (B) Access and Extrication Equipment - The equipmentCommissioner of the Utah Department of Public Safety. Upon specified may either be carried on board the paramedic vehicle orlicensure, a PTRU shall function within another EMS service on a second vehicle that routinely accompanies the paramediclicensure area at the invitation of the local or state public safety vehicle to the scene of an accident. Paramedic services licensedauthority. The PTRU shall then notify the local EMS agency to only to provide paramedic ambulance transfer services are exemptestablish medical protocol. The PTRU shall also immediately from these requirements.notify the Department of its activation and circ*mstances of

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64 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

(C) Medications - Due to the nature of the difficulties least a licensed physician, designated as Medical Director forinvolved in delivering emergency medical care in the field, it will paramedic-hospital activities, a registered nurse, a representative ofbe the responsibility of the local physician advisor to direct the hospital administration and a certified paramedic. The committeestandardization of the optimal package form of medications and the shall meet monthly to[:equipment designed for the administration of medications. These (A) A] assess paramedic field performance and evaluatepackage forms will be made available for the resupplying of the continuing education needs. Each base and associate hospital shallparamedic units. All medications shall be stored per manufacturers’ submit a quarterly report of meetings outlining findings,recommendations for temperature control and packaging recommendations, follow-up results and the names of paramedicsrequirements. A record shall be maintained which records the involved in tape critique sessions.minimum and maximum temperatures inside each drug box during [ (B) Review telemetry tapes.each 24-hour period. Any medications known or suspected to have (C) Maintain communications among Emergency Departmentbeen subjected to temperature outside the recommended range shall personnel and the total paramedic care system.]be returned to the hospital for replacement. (vii) [Provide, at all times, operational radio or telephonic

(v) The Department may conduct periodic inspections to telemetry communications utilizing:determine that operational procedures, equipment condition and (A) Telemetry and recording equipment which conforms withmaintenance, drug and medication supplies and inventories are current federal standards.adequate and appropriate to the goals of the paramedic program. In (B) Radio frequencies approved by the Department inthis regard, Department representatives shall take the appropriate conformance with the State Communications Plan.]All paramedicaction to see that operational procedures, equipment condition and services shall be equipped to allow paramedic personnel to be ablemaintenance, drug and medication supplies and inventories found to:to be inadequate or inappropriate by any party are corrected, (A) communicate with hospital emergency departments,remedied, standardized or amended. Any licensed paramedic dispatch centers, emergency medical services, and law enforcementservice shall allow emergency department physicians, nurses and agencies; andother persons selected by the Department and participating in (B) communicate on radio frequencies approved by theemergency medical services to ride with paramedic units for the Department.purposes of: (viii) Have a licensed physician or registered nurse, qualified

(A) Evaluation of EMT-Paramedic performance. in CPR and ECG interpretation who is supervised by a licensed(B) Identification of training needs. physician acting in accordance with the provisions of the Utah(C) Improving communications between manpower resources. Nurse Practice Act, immediately available at all times to(D) Clarification of role assignments as related to hospital communicate with the EMT-Paramedics in the field.

emergency departments, communications, transportation and other (ix) Provide supervised clinical training for initial EMT-components of the paramedic system. Paramedic training and for the continuing education of certified

(E) Training new paramedic personnel. EMT-Paramedics.(F) Other purposes deemed necessary by the provider, District [ (x) Record in a bound log, tape recording of EMT-Paramedic

EMS Director or the Department. transmissions including equipment checks and calibration tests.](vi) All licensed providers shall send a copy of the official (c) The Department shall approve local plans for paramedic

accident report to the Department whenever a permitted vehicle is system operation.involved in an accident while responding to or transporting a (i) Local emergency medical services councils will develop forpatient. Department approval, detailed plans for the operation of the

(b) The Department shall recommend for designation by the paramedic systems within their district. Councils may requestEMS Committee participating base station hospitals and associate assistance from the Department in the development of paramedichospitals who shall comply with the following: system plans. Plans shall be in conformity with the Utah Mobile

(i) Maintain a 24-hour emergency facility. Paramedic Rules and shall include procedures and protocol as(ii) Assist the Department in collecting statistics and follows:

evaluating performance costs relating to the program. Each (A) Communications including public access, paramedicparticipating hospital shall use the standard Emergency Department dispatch, and training;Log or other forms as the Department requires. (B) Patient triage;

(iii) Provide initial supplies of new medication when needed (C) Patient or guardian refusal of services;and replenish medical supplies and equipment expended during (D) EMT-Paramedic standing orders;treatment of patients by mobile units. (E) Patient or guardian facility preference;

(iv) Not transfer to another facility any patient who has been (F) Patient transfer;treated by a mobile intensive care paramedic unless or until, in the (G) Medical records transfer and accessibility; andjudgment of a licensed physician or registered nurse, the patient is (H) In-service training.medically able to be transferred and the transfer is in the best (ii) The plan will include letters of support from localmedical interest of the patient. government officials, hospital administration and paramedic

(v) Abide by the Utah Mobile Paramedic Rules established by providers to assure operational integrity of the paramedic system.the EMS Committee. (iii) Plans will include procedures for conducting in-service

(vi) Provide to the Department a list of Hospital Paramedic education programs and the responsible people to contact for theCommittee members. The committee should be composed of at program.

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DAR File No. 21694 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 65

(iv) Plans for new paramedic services shall be submitted to the (A) technical incompetence due to emotional instability underDepartment prior to the system start-up. stress; or

(v) Paramedic system plans will be reviewed by the (B) technical incompetence as determined by supervisoryDepartment and returned to the District EMS Director within 30 personnel or instructional staff of the training institution, trainingdays of submittal. hospital or paramedic service involved in field internship training.

R426-3-4. Training and Certification.(1) EMT-Paramedic certification will be awarded by the taken toward trainee.

Department for a [two]four year period upon successful completion (iv) Conviction of any felony, misdemeanor or act or moralof a training program which shall consist of a minimum of turpitude, excluding minor traffic violations chargeable as[480]1,000 hours training as determined by the Department and a infractions.pass on the Department certification examination. ([3]4) Paramedic training programs must meet the

(2) At the discretion of the Department a trainee may be requirements of the paramedic training program accreditationprovisionally certified as a [an EMT-]Paramedic for a period not to standards as established by the Department.exceed 90 days. The employing agency is responsible to insure the ([4]5) The Department shall establish EMT-Paramedic testingproficiency of its EMT-Paramedics. It is their obligation to the standards in conjunction with the paramedic training institutions.patients they serve to make certain that any EMT-Paramedic whose ([5]6) The Department shall establish other criteria relevantjob takes him away from patient care for a prolonged time, be to the training of EMT-Paramedics.reintroduced to patient care in a proper manner which is safe for the ([6]7) Training Program Monitoring - The Department shallpatient. To be certified as a paramedic, an individual shall: be responsible for monitoring local in-service educational programs

(a) Have 12 months of field experience as a certified EMT. for EMT-Paramedics.However, the 12 month period may be reduced to six months with ([7]8) Physician Training Consultant - Each paramedicspecial authorization from the Department based upon a written provider shall provide for a physician operationally involved torequest from the resource hospital medical director. serve as training consultant. The training consultant shall be

(b) Be currently certified as an EMT in Utah. responsible for the provider’s paramedic continuing education(c) Submit a completed application form to the department. program in accordance with state in-service training requirements(d) Submit to a background investigation. and shall develop and maintain competency skill levels including([2]3) [Hospitals and p]Paramedic training programs the following subject areas:

authorized by the Department to provide initial EMT-Paramedic (a) triage;training or continuing medical education experiences shall provide (b) cardiopulmonary resuscitation;the following: (c) airway management including:

(a) qualified teaching staff and resource facility. (i) endotracheal or esophageal intubation;(b) adequate clinical facilities to allow for a variety of learning (ii) removal of foreign objects; and

experiences. (iii) suctioning(c) qualified physicians, nurses and other health professionals (d) administration of intravenous or intraosseous solutions and

to supervise trainees during initial training. intravenous medications;(d) Authorized hospitals shall provide a variety of supervised (e) drug administration;

training experiences for trainees during initial training and for (f) arrythmia recognition;certified EMT- Paramedics as part of the continuing education (g) splinting and bandaging;program as defined in this rule. Patient care clinical areas shall (h) soft tissue injuries;include the following: (i) extrication and movement of injured persons;

(i) emergency Department; (j) bleeding wounds and shock;(ii) intensive care unit; (k) oxygen administration;(iii) coronary care unit; ([k]l) emergency childbirth; and(iv) delivery room; (m) medical and environmental emergencies.(v) operating room;(vi) recovery room.(e) Trainees may be accepted into programs under criteria (1) Paramedic recertification shall be for a period of [two]four

established by the training institution, but shall as a minimum years[ following initial certification]. This period may be modifiedprovide documentation of successful completion of an 120-hour by the Department to standardize all expiration dates to June 30.EMT training program or its equivalent. Anyone who certifies after July 1, 1998, shall receive a four year

(f) The training institution, or Department, shall have the certification. Anyone certified prior to that date, must continue toauthority to terminate training of any trainee during any phase of the recertify as of the date on their identification badge and will beprogram because of: converted to the four year cycle upon recertification.

(i) failure to achieve minimum academic standards; (2) [Thereafter, recertification shall be for a period of four(ii) disclosure of fraudulent application; years.(iii) [F]failure of clinical or fieldwork training segments due (3) ]An EMT-Paramedic who wishes to recertify shall:

to: (a) submit a completed recertification application form,

Reasons for termination by the training institution shall be reducedto written form and submitted to the Department prior to any action

R426-3-5. Recertification.

including social security number.

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66 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

(b) submit to a background investigation. direction and provision of emergency medical care, as described in(c) maintain and submit verification of current department- this section.

approved current course completion in[certification in] adult and (3) The Department shall exclude from paramedic certificationpediatric [A]advanced Cardiac Life Support[ (ACLS) by the an individual who may pose an unacceptable risk to public healthAmerican Heart Association]. and safety, as indicated by his criminal history. The Department

(d) submit verification of annual completion of 25 hours per shall conduct a background check on each individual who seeks toyear of Department approved continuing education. certify or recertify as a[n EMT] paramedic.

(e) [submit the results of a sponsoring agency peer evaluation (a) An individual convicted of certain crimes presents anconfirming satisfactory field performance. unreasonable risk and the Department shall deny all applications for

(f) ]submit a statement from the applicant’s sponsoring agency certification or recertification by individuals convicted of theconfirming the applicant’s [physical fitness to perform paramedic following crimes:functions, including the ]results of a TB examination. (i) Sexual misconduct if the victim’s failure to affirmatively

([g]f) submit an evaluation and recommendation from the consent is an element of the crime, such as forcible rape.sponsoring agency’s physician advisor. (ii) Sexual or physical abuse of children, the elderly or infirm,

([h]g) successfully complete the Department written such as sexual misconduct with a child, making or distributing childexamination. p*rnography or using a child in a sexual display, incest involving

([4]3) At the discretion of the Department, an EMT- a child, assault on an elderly or infirm person.Paramedic may have his certification provisionally extended for a (iii) Abuse, neglect, theft from, or financial exploitation of aperiod not to exceed 90 days, for evaluation. person entrusted to the care or protection of the applicant, if the

R426-3-6. EMT-Paramedic Functions.(1) Upon satisfactory completion of the initial training (iv) Crimes of violence against persons, such as aggravated

program and upon Department certification, an EMT-Paramedic assault, murder or attempted murder, manslaughter exceptmay carry out the following functions: involuntary manslaughter, kidnaping, robbery of any degree; or

(a) Render advanced first aid, rescue and resuscitation arson; or attempts to commit such crimes.services. (b) Except in extraordinary circ*mstances, established by clear

(b) Administer parenteral medications under the direct and convincing evidence that certification or recertification will notsupervision of a licensed physician or a registered nurse both during jeopardize public health and safety, the Department shall denytraining and after certification. applicants for certification or recertification in the following

(c) Perform cardiopulmonary resuscitation and defibrillation categories:in a pulseless, non-breathing patient. (i) Persons who are convicted of any crime not listed in (a)

(d) Where voice contact or a telemetered electrocardiogram is and who are currently incarcerated, on work release, on probationmonitored by a licensed physician or a registered nurse supervised or on parole.by a licensed physician, and direct communication is maintained, (ii) Conviction of crimes in the following categories, unless atupon order of the physician or nurse, perform procedures and least three years have passed since the conviction or at least threeadminister drugs approved by the EMS Committee as follows: years have passed since release from custodial confinement,

(i) administer intravenous or intraosseous solutions; whichever occurs later:(ii) perform gastric suction by intubation; (A) Crimes of violence against persons, such as assault;(iii) administer airway intubation by esophageal tube or (B) Crimes defined as domestic violence under Section 77-36-

endotracheal tube; 1;(iv) perform needle aspiration of the chest; (C) Crimes involving controlled substances or synthetics, or(v) perform a phlebotomy or draw blood specimens for counterfeit drugs, including unlawful possession or distribution, or

analysis; intent to distribute unlawfully, Schedule I through V drugs as(vi) administer drugs of the following classes: defined by the Uniform Controlled Dangerous Substances Act; and(A) antiarrhythmic agents; (D) Crimes against property, such as grand larceny, burglary,(B) vagolytic agents; embezzlement or insurance fraud.(C) chronotropic agents; (c) The Department shall deny certification or recertification(D) ionotropic agents; to individuals convicted of crimes, including DUIs, but not(E) analgesic agents; including minor traffic violations chargeable as infractions after(F) alkalinizing agents; and consideration of the following factors:(G) vasopressor agents. (i) The seriousness of the crime.(vii) provide medication by intracardiac puncture; and (ii) Whether the crime relates directly to the skills of(viii) perform cricothyroidotomy. prehospital care service and the delivery of patient care.(e) Services noted in this section under written standing or (iii) Amount of time that has elapsed since the crime was

contingency orders signed by the Base Station or Associate Hospital committed.Medical Director(s) and approved by the Paramedic Advisory (iv) Whether the crime involved violence to or abuse ofSubcommittee. another person.

(2) At the scene of an accident, in transit, or where a sudden (v) Whether the crime involved a minor or a person ofillness occurs, certified Paramedics shall be responsible for the diminished capacity as a victim.

victim is an out-of-hospital patient or a patient or resident of ahealth care facility.

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DAR File No. 21695 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 67

(vi) Whether the applicant’s actions and conduct since the from him. If the physician at the scene wishes to continue directingcrime occurred are consistent with the holding of a position of paramedic activities, the [EMT-]Paramedics [shall]may place the at-public trust. scene physician in radio or telephonic contact with the base station

(vii) Total number of arrests and convictions. physician. The base station physician may (1) allow the physician(viii) Whether the applicant was truthful regarding the crime at the scene to assume or continue medical control, (2) retain

on his/her application. paramedic medical control, but allow the physician at the scene to(d) Certified EMS personnel must notify the Department of assist, or (3) retain medical control with no participation by the on-

any arrest or conviction. The Department may suspend, decertify, scene physician. If Option (1) is followed, all orders given to theor place on probation anyone who does not notify the Department [EMT-]Paramedic by the at-scene physician, shall be repeated overwithin 30 days of the arrest or conviction. the radio or telephone to the base station hospital physician for

(e) The Department may decertify or suspend certification, or evaluation and [recording]documentation. If in the judgment of theplace a person on probation for any of the above violations. base station hospital physician who is monitoring and evaluating the

(f) The Department may decertify or suspend certification, or at-scene medical control, the care is inappropriate to the nature ofplace on probation an EMT-Paramedic who refuses to submit to a the medical emergency, the base station hospital physician maybackground check reassume medical control of the at-scene EMT- Paramedics.

(4) Refusal, Suspension or Revocation of Certification - TheDepartment may refuse to issue a certification or recertification, orsuspend or revoke a certification for any of the following causes:

(a) Habitual or excessive use or addiction to narcotics ordangerous drugs. Refusal to take a drug test administered by anEMS employer or the Department, is grounds for refusal,suspension or certification revocation by the Department of Health.

(b) Habitual abuse of alcoholic beverages or being under theinfluence of alcoholic beverages while on call or on duty as anEMT-Paramedic or while driving any emergency vehicle.

(c) Failure to comply with the EMT-Paramedic trainingcertification or recertification requirements of this rule.

(d) Fraud or deceit in applying for or obtaining a certificationor fraud, deceit, incompetence, patient abuse, theft, or dishonesty inthe performance of duties and practice as an EMT-Paramedic.

(e) Involvement in the unauthorized use or removal ofnarcotics, drugs, supplies or equipment from any emergency vehicleor health care facility.

(f) Performing procedures or skills beyond the level ofcertification or violation of laws pertaining to medical practice anddrugs.

(g) Mental incompetence as determined by a court ofcompetent jurisdiction.

(h) Demonstrated inabilities and failure to perform adequatepatient care.

(i) For good cause, including conduct which is unethical,immoral, or dishonorable.

(5) A[n EMT-] Paramedic shall be under medical control ofa physician representing a designated base station hospital. When[EMT-]Paramedics arrive at the scene of an injury or illness, theymust secure radio or telephonic [telemetry ]contact with a basestation hospital Emergency Department to establish medical controlas quickly as possible. If radio or telephonic [telemetry ]contactcannot be obtained, [EMT-]Paramedics must so indicate on theIncident Trip Report form and follow local written contingencyorders of the base station hospital providing medical control. Ifthere is a physician at the scene who wishes to assist or providemedical direction to the [EMT-]Paramedics, the [EMT-]Paramedicsshall follow his instructions but only until communications areestablished with a physician at the base station hospital EmergencyDepartment. Once communications are established with the basestation hospital physician, the [EMT-]Paramedics must take orders

KEY: emergency medical services[June 23, 1998]1999 26-8-1 et seq.Notice of Continuation December 9, 1997

ñ ñ

R426-4

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21695FILED: 11/19/1998, 12:02

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: In orderto make all levels of Emergency Medical Services (EMS)certification consistent, it is necessary to amend the dispatchcertification time period from three to four years.

SUMMARY OF THE RULE OR CHANGE: The proposed change willdefine dispatcher certification to four years. It also definesrecertification standards.

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Title 26, Chapter 8

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: The Bureau will see a reduction ofapproximately $1,176.75 each year for dispatcherrecertification. This is based on having 523 dispatchers,losing $27 over a 12-year period, or $2.25 per year perdispatcher.ïLOCAL GOVERNMENTS: Aggregate savings to localgovernments because of the four-year recertification wouldmean $1172.25 savings per year.ïOTHER PERSONS: Non-affiliated dispatchers would saveapproximately $4.50 per year.

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NOTICES OF PROPOSED RULES DAR File No. 21695

68 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

COMPLIANCE COSTS FOR AFFECTED PERSONS: There will be noadditional costs to anyone to comply with the proposed rulechange.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: Affected businesses willrealize a savings by this rule change--Rod L. Betit.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

HealthHealth Systems Improvement,Emergency Medical ServicesCannon Health Building288 North 1460 WestPO Box 142004Salt Lake City, UT 84114-2004, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Leslie Johnson at the above address, by phone at (801) 538-6292, by FAX at (801) 538-6808, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: Rod Betit, Executive Director

R426. Health, Health Systems Improvement, EmergencyMedical Services.R426-4. Emergency Medical Dispatcher Rules.R426-4-4. Personnel.

(1) Dispatchers serving medical providers are not required tobe certified as Emergency Medical Dispatchers, but are encouragedto voluntarily seek training and certification through a Departmentapproved course. Certification allows the dispatcher to fall underthe liability immunity coverage provided in Subsection 26-8-11(2).

(2) The Department shall develop an Emergency MedicalDispatch training and certification program. Curriculum standardsshall be established by the Department. To be initially certified asan EMD, an individual must:

(a) successfully complete a state approved EMD Course.(b) submit to the department a completed application form,

including social security number.(c) submit to a background check.(d) maintain and submit verification of a department-approved

current course completion in[be currently certified in]cardiopulmonary resuscitation[ (CPR) through a Departmentapproved course].

(e) successfully pass the Department’s written examination.(f) complete all requirements for certification within 90 days

from course completion date. The Department may extend the timelimit to individuals who demonstrate good cause based onextenuating circ*mstances.

(3) Recertification is required every [three]four years tomaintain state certification. Anyone who recertifies after July 1,1998, shall receive a four year certification. Anyone certified priorto that date, must continue to recertify as of the date on theiridentification badge and will be converted to the four year cycleupon recertification. This period may be modified by theDepartment. An EMD who wishes to recertify shall:

(a) submit to the Department a completed application formincluding social security number;

(b) submit to a background check;(c) maintain and submit [to the Department a current card or

certificate from the American Heart Association or the AmericanRed Cross, reflecting satisfactory]verification of a department-approved current course completion [and current certification ]incardiopulmonary resuscitation;

(d) successfully complete the Department’s EMD writtenexamination; and

(e) complete [36]12 hours annually of Department-approvedcontinuing medical dispatch education or in-service during the[three]four year recertification period.

(4) The Department may grant reciprocity for applicantscertified outside of Utah based on the following considerations:

(a) Applicants shall provide the Department with a currentcopy of their Emergency Medical Dispatcher certification.

(b) Applicants shall provide the Department proof that thecertifying course meets the standards established by theDepartment.

(c) Applicants shall [successfully ]complete [the Department’swritten examination]all certification requirements.

(5) This rule shall not preclude any physically handicappedindividual from certifying or recertifying, who can demonstrateproficiency in verbally describing the treatment methods outlinedin the Department approved EMD [C]course to a caller.

(6) Those individuals who permit their certification to lapsemay be recertified by completion of the recertification requirements.

(7) Instructors who teach emergency medical dispatchers shallmeet certification standards established by the Department.

(8) The Department shall exclude from EMD certification anindividual who may pose an unacceptable risk to public health andsafety, as indicated by his criminal history. The Department shallconduct a background check on each individual who seeks to certifyor recertify as an EMD.

(a) An individual convicted of certain crimes presents anunreasonable risk and the Department shall deny all applications forcertification or recertification by individuals convicted of thefollowing crimes:

(i) Sexual misconduct if the victim’s failure to affirmativelyconsent is an element of the crime, such as forcible rape.

(ii) Sexual or physical abuse of children, the elderly or infirm,such as sexual misconduct with a child, making or distributing childp*rnography or using a child in a sexual display, incest involvinga child, assault on an elderly or infirm person.

(iii) Abuse, neglect, theft from, or financial exploitation of aperson entrusted to the care or protection of the applicant, if thevictim is an out-of-hospital patient or a patient or resident of ahealth care facility.

(iv) Crimes of violence against persons, such as aggravatedassault, murder or attempted murder, manslaughter except

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DAR File No. 21700 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 69

involuntary manslaughter, kidnaping, robbery of any degree; or (b) Habitual abuse of alcoholic beverages or being under thearson; or attempts to commit such crimes. influence of alcoholic beverages while on call or on duty as an

(b) Except in extraordinary circ*mstances, established by clear Emergency Medical Dispatcher or while driving any emergencyand convincing evidence that certification or recertification will not vehicle.jeopardize public health and safety, the Department shall deny (c) Failure to comply with the emergency medical dispatcherapplicants for certification or recertification in the following training certification or recertification requirements of this rule.categories: (d) Fraud or deceit in applying for or obtaining a certification

(i) Persons who are convicted of any crime not listed in (a) or fraud, deceit, incompetence, patient abuse, theft, or dishonesty inand who are currently incarcerated, on work release, on probation the performance of duties and practice as an emergency medicalor on parole. dispatcher.

(ii) Conviction of crimes in the following categories, unless at (e) Involvement in the unauthorized use or removal ofleast three years have passed since the conviction or at least three narcotics, drugs, supplies or equipment from any emergency vehicleyears have passed since release from custodial confinement, or health care facility.whichever occurs later: (f) Performing procedures or skills beyond the level of

(A) Crimes of violence against persons, such as assault; certification or violation of laws pertaining to medical practice and(B) Crimes defined as domestic violence under Section 77-36- drugs.

1; (g) Conviction of a felony, misdemeanor or a crime involving(C) Crimes involving controlled substances or synthetics, or moral turpitude, but not including minor traffic violations

counterfeit drugs, including unlawful possession or distribution, or chargeable as infractions.intent to distribute unlawfully, Schedule I through V drugs as (h) Mental incompetence as determined by a court ofdefined by the Uniform Controlled Dangerous Substances Act; and competent jurisdiction.

(D) Crimes against property, such as grand larceny, burglary, (i) Demonstrated inabilities and failure to perform adequateembezzlement or insurance fraud. patient care.

(c) The Department shall deny certification or recertification (j) For good cause, including conduct which is unethical,to individuals convicted of crimes, including DUIs, but not immoral, or dishonorable.including minor traffic violations chargeable as infractions afterconsideration of the following factors:

(i) The seriousness of the crime.(ii) Whether the crime relates directly to the skills of

prehospital care service and the delivery of patient care.(iii) Amount of time that has elapsed since the crime was

committed.(iv) Whether the crime involved violence to or abuse of

another person.(v) Whether the crime involved a minor or a person of

diminished capacity as a victim.(vi) Whether the applicant’s actions and conduct since the

crime occurred are consistent with the holding of a position ofpublic trust.

(vii) Total number of arrests and convictions.(viii) Whether the applicant was truthful regarding the crime

on his/her application.(d) Certified EMS personnel must notify the Department of

any arrest or conviction. The Department may suspend, decertify,or place on probation anyone who does not notify the Departmentwithin 30 days of the arrest or conviction.

(e) The Department may decertify or suspend certification, orplace a person on probation for any of the above violations.

(f) The Department may require an EMD to submit to abackground check upon Department request. The Department maydecertify or suspend certification, or place on probation an EMDwho refuses to submit to a background check.

(9) The Department may refuse to issue a certification orrecertification, or suspend or revoke a certification for any of thefollowing causes:

(a) Habitual or excessive use or addiction to narcotics ordangerous drugs. Refusal to take a drug test as administered by anEMS employer or the Department is grounds for refusal, suspensionor certification revocation by the Department of Health.

KEY: emergency medical services[June 23, 1998]1999 26-8Notice of Continuation December 2, 1997

ñ ñ

R432-6

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21700FILED: 11/24/1998, 14:09

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: Thecurrent rule is effective as of September 14, 1998. Animportant sentence relating to accommodations for thedisabled was inadvertently left out. The change adds back inthe missing sentence.

SUMMARY OF THE RULE OR CHANGE: The addition is made toSubsection R432-6-18(3) to read: "At least one buildingentrance shall be accessible to persons with physicaldisabilities."

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NOTICES OF PROPOSED RULES DAR File No. 21722

70 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Title 26, Chapter 21

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: There will be a compliance costincurred for printing and distributing the revised rule. ïLOCAL GOVERNMENTS: The addition of this sentence doesnot affect local governments.ïOTHER PERSONS: Costs: The cost to those facilities notconstructed at grade will vary greatly depending on the lengthand height of the ramp and the materials used for the ramp.Cost to build is estimated at $100 to $1,500 per ramp.Ramps were required in the previous rule but inadvertentlyleft out of the revised rule. Since ramps were required in theprevious rule and there will only be about a three-monthlapse between rules, no additional costs are anticipated tonew facilities.COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliancecosts will be $100 to $1,500 per ramp. Ramps were requiredin the previous rule but inadvertently left out of the revisedrule. Since ramps were required in the previous rule andthere will only be about a three-month lapse between rules,no additional costs are anticipated to new facilities.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: It is appropriate andlegally necessary that facilities be accessible. Correction ofthis inadvertent omission is justified and a necessary cost ofdoing business--Rod Betit.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

HealthHealth Systems Improvement,Health Facility LicensureCannon Health Building288 North 1460 WestPO Box 142003Salt Lake City, UT 84114-2003, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Debra Wynkoop-Green at the above address, by phone at(801) 538-6152, by FAX at (801) 538-6325, or by Internet E-mail at [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: Rod L. Betit, Executive Director

R432. Health, Health Systems Improvement, Health FacilityLicensure. with activities of daily living and independent activities of dailyR432-6. Assisted Living Facility General Construction.R432-6-18. Special Design Features.

(1) Building entrances in large facilities shall be at grade level,clearly marked, and located to minimize the need for residents to

traverse other program areas. A main facility entrance shall bedesignated and accessible to persons with disabilities.

(2) Lobbies of multi-occupancy buildings may be shared if thedesign precludes unrelated traffic within or through units or suitesof the licensed health care facility.

(3) At least one building entrance shall be accessible topersons with physical disabilities. Entrances requiring ramps witha slope in excess of 1:20 shall have steps as well as ramps.

(4) In Large facilities where all resident units do not havekitchens or toilet facilities, at least one drinking fountain or watercooler, toilet, and handwashing fixture on each floor shall bewheelchair accessible.

(5) Each resident living unit shall have a wardrobe, closet, orlocker for each resident occupying the unit. The closet, wardrobeor locker shall have a shelf and a hanging rod, with minimum insidedimensions of 22 inches deep by 36 inches wide by 72 inches tall,suitable for hanging full-length garments.

KEY: health facilities[September 14, 1998]1999 26-21-5

26-21-16

ñ ñ

R432-270

NOTICE OF PROPOSED RULE(Repeal and reenact)DAR FILE NO.: 21722

FILED: 12/01/1998, 12:14RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: Thereason for this change is to implement S.B. 153, "AssistedLiving Facilities," passed in the recent legislative sessionwhich combined R432-250 Residential Health Care into thecategory of Assisted Living. A repeal has been proposed forR432-250, "Residential Health Care Facilities."

SUMMARY OF THE RULE OR CHANGE: This rule combines R432-250, "Residential Health Care Facilities," with R432-270,"Assisted Living Facilities," Type I and Type II. Levels of careare defined as Assisted Living Type I for those residents whoare ambulatory and able to take life saving actionindependently, and Assisted Living Type II for those residentswho may require intermittent nursing services and mayrequire the assistance of one staff person to evacuate thefacility. Section R432-270–3 adds definitions for "assistance

living," and "social care." Subsection R432-270-6(4) addsthe requirement for one year of management experience forType II large facilities. Subsection R432-270-8(8) adds stafftraining in Alzheimer's and dementia needs of residents.

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DAR File No. 21722 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 71

Subsection R432-270-16(2)(c) allows assisted living facilities the development of the rule. The training and other coststo arrange for home visits by health care professionals. appear to be justified and necessary--Rod Betit.Subsection R432-270-15(1)(b) permits a Type I facility toprovide nursing care in accordance with Type II requirements THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGfor nursing care. Section R432-270-17 is deleted from the REGULAR BUSINESS HOURS, AT:rule. Section R432-270-29, "Penalties," is added as required Healthby state law. Health Systems Improvement,

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS Cannon Health BuildingRULE: Section 26-21-9.5 288 North 1460 West

ANTICIPATED COST OR SAVINGS TO: Salt Lake City, UT 84114-2003, orïTHE STATE BUDGET: This amended rule will result in at the Division of Administrative Rules.aggregate savings in printing and distribution costs to thestate budget as R432-250, "Residential Health Care DIRECT QUESTIONS REGARDING THIS RULE TO:Facilities" has been repealed and incorporated into this rule. Debra Wynkoop-Green at the above address, by phone atïLOCAL GOVERNMENTS: There is no anticipated aggregate (801) 538-6152, by FAX at (801) 538-6325, or by Internet E-cost or savings to local government as enforcement of this mail at [emailprotected] does not apply to local governments.ïOTHER PERSONS: Residents of assisted living Type I and II INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEfacilities will be able to access their home health benefit vs. BY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOpaying privately for intermittent skilled nursing services, LATER THAN 5:00 P.M. ON 01/14/1999.resulting in a savings to the individual and provider at $50 perhour for nursing services. The aggregate savings may be of THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999the 2,405 residents in Assisted Living Facilities, if 5%required private nursing for 4 hours per day, the savings may AUTHORIZED BY: Rod L. Betit, Executive Directorbe $24,200. Providers may realize aggregate savings inbeing able to assist residents in arranging for and accessinghome health care services rather than providing theseservices on contract. There may be aggregate cost to somelarge Type II facilities to obtain an administrator with requiredmanagement experience. However, of the licensed Type IIfacilities, 16 facilities would be considered "large" and all ofthese facilities currently have experienced administrators whowould not require additional management experience. Thisrule does not impact any of the licensed assisted livingfacilities currently. There is an additional cost to facilities thathave not provided training for staff who work with Alzheimers’and dementia residents. During the informal hearingprocess, no provider made any comments on the increasedcost associated with this requirement. However, if all of the130 facilities were required to provide one hour of trainingannually on Alzheimer and Dementia care, and if the cost ofthe trainer was $40 per hour, then the aggregate cost wouldbe $5,200.(DAR Note: The proposed repeal for R432-250 is foundunder DAR No. 21528 in the November 1, 1998, issue of theUtah State Bulletin.)COMPLIANCE COSTS FOR AFFECTED PERSONS: There will beincremental compliance costs to providers if the assumptionsunder "Other persons" are accurate, however during theinformal hearing no provider objected to the change or anyadditional costs for implementing S.B. 153. Please refer to"Other persons."(DAR Note: S.B. 153 is found at 1998 Utah Laws 192, andwas effective July 1, 1998.)

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: It appears that providersregulated by this rule have been appropriately consulted in

Health Facility Licensure

PO Box 142003

R432. Health, Health Systems Improvement, Health FacilityLicensure.[R432-270. Assisted Living Facilities.R432-270-1. Legal Authority.

This rule is adopted pursuant to Title 26, Chapter 21.

R432-270-2. Purpose.(1) This rule establishes the operational standards for assisted

living facilities.(2) Assisted living as provided in Subsection 26-21-2(3) is a

facility with a home-like setting that provides an array ofcoordinated supportive personal and health care services, available24 hours per day, to residents who have been assessed underdivision rule to need any of these services. Each resident shall havea service plan based on the assessment, which may include:

(i) specified services of intermittent nursing care(ii) administration of medication; and(iii) support services promoting residents’ independence and

self-sufficiency.(3) Assisted living is intended to provide a place of residence

where elderly and disabled persons can receive 24-hourindividualized personal and health-related services to:

(i) maintain the individual’s capabilities and facilitate usingthose abilities;

(ii) create options to enable the individual to exercise controlover their lives,

(iii) provide supports which validate the self-worth of theindividual by showing courtesy and respect for the individual’srights;

(iv) maintain areas or spaces which provide privacy;

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(v) recognize the individual’s needs and preferences and is admission, and shall be subject to the admission requirements offlexible in service delivery to respond to those needs and R432-270.preferences. (c) The facility shall coordinate the delivery of respite services

(4) Assisted living facilities shall provide each resident with with the recipient of services, case manager, if one exists, and thea separate living unit. Two residents may share a unit upon request family member or primary caretaker.of both of the residents. (d) The facility shall document the person’s response to the

(5) Assisted living is intended to allow residents to choose respite placement and coordinate with all provider agencies tohow they will balance risk and quality of life. ensure an uninterrupted service delivery program.

(6) Assisted living is intended to enable residents, to the (e) The facility must complete a service agreement to serve asdegree possible, to age in place. the plan of care. The service agreement shall identify the prescribed

R432-270-3. Definitions.(1) The terms used in these rules are defined in R432-1-3. (f) The facility shall have written policies and procedures(2) In addition: available to staff regarding the respite care clients which include:(a) "Dependent" means a person who meets one or both of the (i) Medication administration;

following criteria: (ii) Notification of a responsible party in the case of an(i) requires inpatient hospital or 24-hour continual nursing emergency;

care that will last longer than 15 calendar days after the day on (iii) Service agreement and admission criteria;which the nursing care begins; (iv) Behavior management interventions;

(ii) is unable to evacuate from the facility without the physical (v) Philosophy of respite services;assistance of two persons. (vi) Post-service summary;

(b) "Home-like" as used in statute and this rule means a place (vii) Training and in-service requirement for employees; andof residence which creates an atmosphere supportive of the (viii) Handling personal funds.resident’s preferred lifestyle. Home-like is also supported by the use (g) Persons receiving respite services shall be provided a copyof residential building materials and furnishings. of the Resident Rights documents upon admission.

(c) "Licensed health care professional" means a person (h) The facility shall maintain a record for each personlicensed by the Utah Department of Commerce who has education receiving respite services which includes:and experience to assess and evaluate the health care needs of the (i) Retention and storage of records.resident. (ii) Confidentiality and release of information.

(d) "Semi-independent" means a person who is: (iii) The record shall contain the following information:(i) physically disabled but able to direct his own care; or (A) Service agreement;(ii) cognitively impaired or physically disabled but able to (B) Demographic information and resident identification data;

evacuate from the facility with the physical assistance of one (C) Nursing notes;person. (D) Physician treatment orders;

(e) "Service Plan" means a written plan for services which (E) Records made by staff regarding daily care of the personmeets the requirements of R432-270-13. in service;

(f) "Services" means activities which help the residents (F) Accident and injury reports;develop skills to increase or maintain their level of psychosocial and (G) Post-service summary.physical functioning, or which assist them in activities of daily (i) If a person has an advanced directive, a copy shall be filedliving. in the record and staff informed.

(g) "Unit" means an individual living space, including livingand sleeping space, bathroom, and optional kitchen area.

R432-270-4. Licensure.(1) Assisted living facilities may be licensed as large, small or (b) assume responsibility for the overall organization,

limited capacity facilities. management, operation, and control of the facility;(a) A large assisted living facility houses 17 or more residents. (c) establish policies and procedures for the welfare of(b) A small assisted living facility houses six to 16 residents. residents, the protection of their rights, and the general operation of(c) A limited capacity assisted living facility houses up to five the facility;

residents. (d) implement a policy which ensures that the facility does not(2) Assisted Living facilities may offer respite services and are discriminate on the basis of race, color, sex, religion, ancestry, or

not required to obtain a respite license from the Utah Department national origin in accordance with state and federal law;of Health. (e) appoint, in writing, a qualified administrator who shall

(a) The purpose of respite is to provide intermittent, time assume full responsibility for the day-to-day operation andlimited care to give primary caretakers relief from the demands of management of the facility, the licensee and administrator may becaring for a person. the same person;

(b) Respite services may be provided at an hourly rate or daily (f) secure and update contracts for required services notrate, but shall not exceed 14-days for any single respite stay. Stays provided directly by the facility; andwhich exceed 14 days shall be considered an assisted living facility (g) respond to requests for reports from the Department.

medications, physician treatment orders, need for assistance foractivities of daily living and diet orders.

R432-270-5. Licensee.(1) The licensee must:(a) ensure compliance with all federal, state, and local laws;

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DAR File No. 21722 NOTICES OF PROPOSED RULES

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(2) The licensee shall appoint a Quality Assurance Committee. (g) Complete an investigation whenever there is reason toThe committee shall: believe that a resident has been subject to abuse, neglect, or

(a) consist of at least the facility administrator and a health exploitation;care professional; (h) Notify the resident’s responsible person and physician of

(b) meet at least quarterly to identify and act on quality issues; significant changes or deterioration of the resident’s health, and(c) implement a quality assurance program. ensure the resident’s transfer to an appropriate health care facility if(3) If the licensee is a corporation or an association, it shall the resident requires services beyond the scope of the facility’s

maintain an active and functioning governing body to fulfill license;licensee duties and to ensure accountability. (i) Conduct and document regular inspections of the facility

R432-270-6. Administrator Qualifications.(1) An administrator shall have the following qualifications: by the Department;(a) be 21 years of age or older; (k) Participate in a quality assurance program; and(b) have knowledge of applicable laws and rules; (l) Secure and update contracts for required professional and(c) have the ability to deliver, or direct the delivery of, other services not provided directly by the facility.

appropriate care to residents; (5) The administrator’s responsibilities shall be included in a(d) be of good moral character; written job description on file in the facility.(e) not have been convicted of a felony; and(f) complete a national certification program.(2) The administrator of a small or limited-capacity assisted (1) Direct-care personnel shall be on the premises 24 hours a

living facility shall have one or more of the following: day to meet residents needs as determined by the residents’(a) an associate degree in a health care field; assessment and service plans.(b) two years or more management experience in a health care (2) The services provided or arranged by the facility shall be

field; provided by qualified persons in accordance with the resident’s(c) one year’s experience in a health care field as a licensed written service plan.

health care professional. (3) Personnel who provide personal care to residents shall be(3) The administrator of a large assisted living facility must certified nurse aides or complete a state certified nurse aide program

have one or more of the following: after four months of the date of hire.(a) a state health facility administrator license; (4) Personnel shall be licensed, certified, or registered in(b) a bachelor’s degree in a health care field; accordance with applicable state laws.(c) a bachelor’s degree in any field and one year or more (5) The facility shall have written job descriptions for each

experience in a health care field; position, including job title, job responsibilities, qualifications or(d) an associates degree and four years or more management required skills.

experience in a health care field. (6) The facility shall make available to personnel at all times

R432-270-7. Administrator Duties.(1) The administrator must: (7) The facility shall document that all personnel are oriented(a) Be on the premises a sufficient number of hours in the to the facility and the job for which they are hired. Orientation shall

business day, and at other times as necessary, to manage and include the following:administer the facility. (a) job description;

(b) Designate, in writing, a competent employee, 21 years of (b) ethics, confidentiality, and residents’ rights;age or older, to act as administrator in the administrator’s absence. (c) fire and disaster plan;It is not the intent of this subsection to permit a de facto (d) policy and procedures; andadministrator to replace the designated administrator. (e) reporting responsibility for abuse, neglect and exploitation.

(2) The administrator is responsible for the following: (8) Each employee shall receive documented in-service(a) Recruit, employ, and train the number of licensed and training. The training shall be tailored to include all of the

unlicensed staff needed to provide services; following subjects that are relevant to the employee’s job(b) Verify all required licenses and permits of staff and responsibilities:

consultants at the time of hire or the effective date of contract; (a) principles of good nutrition, menu planning, food(c) Maintain facility staffing records for the preceding 12 preparation, and storage;

months; (b) principles of good housekeeping and sanitation;(d) Admit and retain only those residents who meet (c) principles of providing personal and social care;

admissions criteria and whose needs can be met by the facility; (d) proper procedures in assisting residents with medications;(e) Review every injury, accident, and incident to a resident or (e) recognizing early signs of illness and determining when

employee and take appropriate corrective action; there is a need for professional help;(f) Maintain a log indicating any significant change in a (f) accident prevention, including safe bath and shower water

resident’s condition and the facility’s action or response; temperatures;

to ensure it is safe from potential hazards;(j) Complete, submit, and file all records and reports required

R432-270-8. Personnel.

its policies and procedures manuals and other information necessaryfor facility personnel to effectively perform their duties.

(g) communication skills which enhance resident dignity.

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(9) To meet personnel health requirements, the facility shall: (b) provision for a 30-day notice prior to any change in(a) complete at the time a person is hired, an employee health established charges;

inventory that includes the following: (c) admission, retention, transfer, discharge, and eviction(i) conditions that may predispose the employee to acquiring policies;

or transmitting infectious diseases; (d) conditions under which the agreement may be terminated;(ii) conditions that may prevent the employee from performing (e) refund provisions that address the following:

certain assigned duties satisfactorily. (i) thirty-day notices for transfer or discharge given by the(b) develop employee health screening and immunization facility or by the resident;

components of personnel health programs in accordance with Rule (ii) emergency transfers or discharges;R386-702, concerning communicable diseases; (iii) transfers or discharges without notice; and

(c) conduct employee skin testing by the Mantoux Method (iv) death of a resident.and follow up for tuberculosis in accordance with R386-702-5, (f) the name of the responsible party;concerning measures for control of tuberculosis: (g) notice that the Department has the authority to examine

(i) skin testing must be conducted on each employee annually resident records to determine compliance with licensureand after suspected exposure to a resident with active tuberculosis; requirements.

(ii) all employees with known positive reaction to skin testsare exempt from skin testing.

(d) report all infections and communicable diseases reportable (1) A resident may be discharged, transferred, or evicted forby law to the local health department in accordance with Section one or more of the following reasons:R386-702-2, concerning reportable diseases; and (a) the facility is no longer able to meet the resident’s needs;

(e) comply with the Occupational Safety and Health (b) the resident fails to pay for services as required by theAdministration’s Bloodborne Pathogen Standard. admission agreement;

R432-270-9. Volunteers.(1) Volunteers may be used in the daily activities of the (d) the resident wishes to transfer; or

facility, but may not be included in the facility’s employee staffing (e) the facility ceases to operate.plan. (2) Prior to transferring or discharging a resident the facility

(2) Volunteers must be supervised by facility staff. shall serve a transfer or discharge notice upon the resident and the(3) Volunteers must be familiar with the facility’s policies and resident’s responsible person according to the following

procedures and with residents’ rights. requirements:

R432-270-10. Admissions.(1) Assisted living facilities may admit persons who are (b) the notice shall be made at least 30 days before the day on

independent and semi-independent, but shall not accept persons which the facility plans to transfer or discharge the resident, exceptwho are dependent. that the notice may be made as soon as practicable before transfer

(2) The facility shall develop in accordance with this section or discharge if:written admission, retention, and transfer policies and shall make (i) the safety or health of persons in the facility is endangered;those policies available to the public upon request. or

(3) Before admitting a person, the facility shall obtain (ii) an immediate transfer or discharge is required by theinformation about that person’s ability to function in the facility resident’s urgent medical needs.through the following: (3) The notice of transfer or discharge shall:

(a) interviewing the person or the person’s responsible person; (a) be in writing,(b) obtaining a physician’s assessment. (b) be phrased in a manner and in a language the resident can(4) Assisted living facilities shall not admit or retain a person understand,

who: (c) detail the reasons for transfer or discharge;(a) manifests behavior that is suicidal, assaultive, or poses a (d) state the effective date of transfer or discharge;

danger to self or others; or (e) state the location to which the resident will be transferred(b) has active tuberculosis or other chronic communicable or discharged;

disease that: (f) state that the resident may request a conference to discuss(i) cannot be treated in the facility or on an outpatient basis; the transfer or discharge;

or (g) be copied in the resident file; and(ii) may be transmitted to other residents or guests through the (h) contain the following information:

normal course of activities. (i) for facility residents who are 60 years of age or older, the(5) The prospective resident or the prospective resident’s name, mailing address, and telephone number of the State Long

responsible person must sign a written admission agreement prior Term Care Ombudsman;to admission. The admission agreement shall be kept on file by the (ii) for facility residents with developmental disabilities, thefacility and shall specify at least the following: mailing address and telephone number of the agency responsible for

(a) room and board charges and charges for basic and optional the protection and advocacy of developmentally disabledservices;

R432-270-11. Transfer or Discharge Requirements.

(c) the resident fails to comply with written policies or rulesof the facility;

(a) the notice shall be either hand-delivered or sent bycertified mail;

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individuals established under part C of the DevelopmentalDisabilities Assistance and Bill of Rights Act; (1) The facility shall develop an individualized service plan

(iii) for facility residents who are mentally ill, the mailing for each resident that is consistent with the resident’s uniqueaddress and telephone number of the agency responsible for the cognitive, medical, physical, and social needs within seven calendarprotection and advocacy of mentally ill individuals established days of the day the facility admits the resident. The facility shallunder the Protection and Advocacy for Mentally Ill Individuals Act. periodically revise the service plan as needed.

(4) The facility shall provide sufficient preparation and (2) The service plan is prepared by a service coordinator whoorientation to a resident to ensure a safe and orderly transfer or is an employee of the assisted living facility. The resident or thedischarge from the facility. resident’s responsible person shall actively participate with a the

(5) The resident or the resident’s responsible person may service coordinator in developing the service plan.contest a transfer or discharge. If the transfer or discharge is (3) The service plan shall include a written description of thecontested, the facility shall provide an informal conference, except following:where undue delay might jeopardize the health, safety, or well- (a) what services will be provided;being of the resident or others. (b) who will provide the services, including the resident’s

(a) The resident or the resident’s responsible person must significant others who may participate in the delivery of services;request the conference within five calendar days of the day of (c) how the services will be provided;receipt of notice of discharge. (d) the frequency of services;

(b) The purpose of the conference shall be to determine if a (e) changes in services and reasons for those changes.satisfactory resolution can be reached.

(c) Participants in the conference shall include the facilityrepresentatives, the resident or the resident’s responsible person and (1) The facility shall promptly arrange for medical or dentalany others requested by the resident or the resident’s responsible care as needed or requested by residents.person. (2) The facility shall arrange for care through one or more of

R432-270-12. Physician’s Assessment.(1) Each person admitted by an assisted living facility must (b) arranging for transportation to and from the practitioner’s

have a personal physician upon admission. office; or(2) A signed and dated statement from the resident’s physician, (c) notifying a physician or other health care professional

obtained prior to admission, shall be on file for each person when the resident requires immediate medical attention.admitted by the facility. The physician’s statement shall documentthe resident’s ability to function in the facility by includinginformation on the following: (1) Facilities must have the capability to provide three meals

(a) health status; a day, seven days a week to all residents, plus snacks.(b) communicable disease status; (a) The facility shall have in the facility a one-week supply of(c) allergies; nonperishable food and a three-day supply of perishable food to(d) diet; meet the needs of the planned menus.(e) current prescribed medications with dose, route, time of (b) The facility shall comply with the following:

administration, and assistance required from facility staff; (i) All food shall be of good quality and shall be prepared by(f) physical or mental limitations; and methods that conserve nutritive value, flavor, and appearance.(g) activity restrictions. (ii) The facility shall ensure food is palatable, attractively

R432-270-13. Resident Assessment.(1) The facility shall use a Department-approved resident residents desire, but may be used in cooking and baking.

assessment form to conduct its resident assessments. (2) The facility shall provide adaptive eating equipment and(2) The facility shall use the resident assessment together with utensils for residents who need them.

the physician’s assessment to develop, review, and revise an (3) A different menu shall be planned and followed for eachindividualized service plan for each resident. day of the week.

(3) The facility shall conduct the resident assessment within (a) All menus must be approved by a certified dietitian.seven calendar days of the day the facility admits the resident. (b) Cycle menus shall cover a minimum of three weeks.

(4) The facility shall conduct a semi-annual resident (c) The current week’s menu shall be posted for residents’assessment review and one full resident assessment in each 12- viewing.month period to document changes in a resident’s cognitive, (d) Substitutions to the menu that are actually served to themedical, physical, and social conditions. residents shall be recorded and retained for six months for review

(5) The facility shall revise the resident assessment when there by the Department.is a significant change in a resident’s cognitive, medical, physical, (4) Meals served on the premises must be served in aor social condition. designated dining area suitable for the purpose.

(6) Each resident assessment shall be conducted or (5) Inspection reports by the local health department shall becoordinated by a licensed health care professional who must sign maintained at the facility for review by the Department.and certify the assessment.

R432-270-14. Service Plan.

R432-270-15. Arrangements for Medical or Dental Care.

the following methods:(a) notifying the resident’s responsible person;

R432-270-16. Food Services.

served, and that hot food is served hot and cold food is served cold.(iii) Powdered milk shall not be used as a beverage, unless the

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(6) If the facility admits residents requiring therapeutic or (5) The facility shall store cleaning agents, bleaches,special diets, the facility shall have an approved dietary manual for insecticides, or poisonous, dangerous, or flammable materials in areference when preparing meals. Dietitian consultation shall be locked area to prevent unauthorized access.provided quarterly and documented for residents requiring (6) The facility must not use bathtubs, shower stalls, ortherapeutic diets. lavatories as storage places.

(7) The facility shall employ food service personnel to meet theneeds of residents.

(a) All food service personnel shall observe personal hygiene (1) The facility shall provide laundry service to meet the needsand sanitation practices which protect food from contamination. of the residents, including sufficient linen supply to permit a change

(b) While on duty in food service, the cook and other kitchen in bed linens at least twice a week.staff shall not be assigned concurrent duties outside the food service (2) The facility shall inform the resident or the resident’sarea. responsible person in writing of the facility’s laundry policy for

(c) All personnel who prepare or serve food shall have a residents’ personal clothing.current Food Handler’s Permit. (3) Food may not be stored, prepared, or served in any laundry

(d) Dietary staff must receive a minimum of six hours of area.documented in-service training each year. (4) The facility shall make available, in good repair, the

R432-270-17. Food Service Supervisor Requirements.(1) Large and small assisted living facilities shall have an (b) at least one iron and ironing board.

organized dietary service supervised by a qualified food servicesupervisor.

(2) A qualified food service supervisor shall have completed, (1) The facility shall conduct maintenance, includingprior to or within one year of employment, one of the following: preventive maintenance, according to a written schedule to ensure

(a) training in food service supervision and management that the facility equipment, buildings, fixtures, spaces, and groundsconsisting of 25 hours of classroom instruction in food service are safe, clean, operable, and in good repair.supervision; (2) The facility shall maintain entrances, exits, steps, and

(b) graduation from a dietetic technician or dietary managers’ outside walkways in a safe condition, free of ice, snow, and othertraining program approved by the Dietary Managers’ Association; hazards.

(c) completion of a bachelor’s degree with major study in food (3) The facility shall maintain electrical systems, includingmanagement and nutrition, or dietetics; appliances, cords, equipment call lights, and switches to guarantee

(d) be a certified dietitian. safe functioning and compliance with the National Electric Code,(3) A state-approved food service supervisor course shall NFPA 70.

cover, at a minimum, the following: (4) The facility shall inspect and clean or replace air filters(a) menu writing; installed in heating, air conditioning, and ventilation systems(b) basic nutrition; according to manufacturers specifications.(c) sanitation and safety; (5) The facility shall document maintenance work performed.(d) food preparation;(e) purchasing;(f) therapeutic diets and portion control; (1) The facility shall encourage residents to participate in(g) alteration and consistency of food products; activity and recreational programs.(h) interpersonal communication. (2) The administrator shall designate an activity coordinator(4) A qualified food service supervisor shall attend six hours to direct the facility’s activity program. The activity coordinator’s

of in-service training each year. duties include the following:(5) The qualified food service supervisor shall train and (a) coordinate all recreational activities, including volunteer

supervise all persons who work in food services. and auxiliary activities;

R432-270-18. Housekeeping Services.(1) The facility shall employ housekeeping and maintenance (c) develop monthly activity calendars, including information

staff to maintain both the exterior and interior of the facility. on community activities, based on residents’ needs and interests.(2) The facility shall designate a person to direct housekeeping (3) The facility shall provide sufficient equipment, supplies,

services. This person shall: and indoor and outdoor space to meet the recreational needs and(a) post routine laundry, maintenance, and cleaning schedules interests of residents.

for housekeeping staff. (4) The facility shall provide storage for recreational(b) ensure all furniture, bedding, linens, and equipment are equipment and supplies.

clean and shall clean such items before use by another resident.(3) The facility shall control odors by maintaining cleanliness.(4) The facility shall have a trash container in every occupied (1) A resident may self-administer medication, have a

room. significant other administer the medication, or have a licensed nurse

R432-270-19. Laundry Services.

following:(a) at least one washing machine and one clothes dryer;

R432-270-20. Maintenance Services.

R432-270-21. Activity Program.

(b) plan, organizes, and conducts the residents’ activityprogram with resident participation;

R432-270-22. Medication Administration.

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administer the medication. The level of assistance provided shall be (2) The facility shall give the resident a written description ofdocumented on the service plan. the resident’s legal rights upon admission, including the following:

(2) A resident who has been assessed to be able to handle their (a) a description of the manner of protecting personal funds,own medication regimen may keep prescription medications in their in accordance with Section R432-270-24; androom. If more than one resident resides in a unit, the facility shall (b) a statement that the resident may file a complaint with theassess each person’s ability to safely have medications in the unit. state long term care ombudsman and any other advocacy groupIf safety is a factor, a resident shall keep his medication in a locked concerning resident abuse, neglect, and misappropriation of residentcontainer in the unit. property in the facility.

(3) Facility staff may assist residents who self-medicate by: (3) The facility shall notify the resident or the resident’s(a) reminding the resident to take the medication, responsible person at the time of admission, in writing and in a(b) opening medication containers, language and manner that the resident or the resident’s responsible(c) reading the instructions on container labels, person understands, of the resident’s rights and of all rules(d) checking the dosage against the label of the container, governing resident conduct and responsibilities during the stay in(e) reassuring the resident that the dosage is correct, the facility.(f) observing a resident take the medication, and (4) The facility shall promptly notify in writing the resident or(g) reminding the resident or the resident’s responsible person the resident’s responsible person when there is a change in resident

when the prescription needs to be refilled. rights under state law.(4) If facility staff administer medication to a resident, (5) Resident rights include the following:

instructions shall be documented on the resident’s service plan and (a) the right to be treated with respect, consideration, fairness,the medications shall be prescribed in writing for the resident by a and full recognition of personal dignity and individuality;physician or his designee. (b) the right to be transferred, discharged, or evicted by the

(5) All medications administered by the facility nurse shall be facility only in accordance with the terms of the signed admissionreviewed at least every six months. agreement;

(a) Medication records shall include the following: (c) the right to be free of mental and physical abuse, and(i) the resident’s name; chemical and physical restraints;(ii) the name of the prescribing physician; (d) the right to refuse to perform work for the facility;(iii) the name of the medication, including prescribed dosage; (e) the right to perform work for the facility if the facility(iv) times and dates administered; consents and if:(v) method of administration; (i) the facility has documented the resident’s need or desire for(vi) signatures of personnel administering the medication; and work in the service plan;(vii) review date. (ii) the resident agrees to the work arrangement described in(b) Any change in the dosage or schedule of medication the service plan;

administration shall be made by the resident’s physician. (iii) the service plan specifies the nature of the work(c) The facility shall keep on file a list of possible reactions to performed and whether the services are voluntary or paid; and

the resident medications it administers. (iv) compensation for paid services is at or above the(6) If a facility administers medication, the facility shall have prevailing rate for like work in the surrounding community.

a procedure to notify the physician to report medication errors. (f) the right to privacy during visits with family, friends,(7) Medication shall be stored securely in a central storage clergy, social workers, ombudsmen, resident groups, and advocacy

area to prevent unauthorized access. representatives;(a) If medication is stored in a central location, the resident (g) the right to share a unit with a spouse, if both spouses

shall have timely access to the medication. consent and if both spouses are facility residents;(b) Medications that require refrigeration shall be stored (h) the right to privacy when receiving personal care or

separately from food items and at temperatures between 36 - 46 services;degrees F. (i) the right to keep personal possessions and clothing as space

(c) Provision shall be made for safe handling and storage of permits;oxygen. Facility personnel shall not transfer oxygen from one (j) the right to participate in religious and social activities ofcylinder to another. the resident’s choice;

(8) The facility shall develop and implement a policy for (k) the right to interact with members of the community bothdisposing of unused, outdated, or recalled medications. inside and outside the facility;

(a) The facility shall return a resident’s medication to the (l) the right to send and receive mail unopened;resident or to the resident’s responsible person upon discharge. (m) the right to have access to telephones to make and receive

(b) The administrator shall document the return to the resident private calls;or the resident’s responsible person of medication stored in a central (n) the right to arrange for medical and personal care;supply. (o) the right to have a family member or responsible person

R432-270-23. Residents’ Rights.(1) Assisted living facilities shall develop a written resident’s (p) the right to leave the facility at any time and not be locked

rights statement based on this section. into any room, building, or on the facility premises during the day

informed by the facility of significant changes in the resident’scognitive, medical, physical, or social condition or needs;

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or night; this right does not prohibit the establishment of house manage, and account for the resident’s personal funds or valuablesrules such as locking doors at night for the protection of residents; deposited with the facility, in accordance with the following:

(q) the right to be informed of complaint or grievance (a) The licensee shall establish and maintain on the residents’procedures and to voice grievances and recommend changes in behalf a system that assures a full, complete, and separatepolicies and services to facility staff or outside representatives accounting according to generally accepted accounting principleswithout restraint, discrimination, or reprisal; of each resident’s personal funds entrusted to the facility. The

(r) the right to be encouraged and assisted throughout the system shall:period of a stay to exercise these rights as a resident and as a (i) preclude any commingling of resident funds with facilitycitizen; funds or with the funds of any person other than another resident,

(s) the right to manage and control personal funds, or to be and preclude facility personnel from using residents’ monies orgiven an accounting of personal funds entrusted to the facility, as valuables as their own;provided in R432-270-24 concerning management of resident (ii) separate residents’ monies and valuables intact and freefunds; from any liability that the licensee incurs in the use of its own or the

(t) the right, upon oral or written request, to access within 24 facility’s funds and valuables;hours all records pertaining to the resident, including clinical (iii) maintain a separate account for resident funds for eachrecords; facility and not commingle such funds with resident funds from

(u) the right, two working days after the day of the resident’s another facility;oral or written request, to purchase at a cost not to exceed the (iv) for records of residents’ monies which are maintained ascommunity standard photocopies of the resident’s records or any a drawing account, include a control account for all receipts andportion thereof; expenditures and an account for each resident and supporting

(v) the right to personal privacy and confidentiality of receipts filed in chronological order;personal and clinical records; (v) keep each account with columns for debits, credits, and

(w) the right to be fully informed in a language and in a balance;manner the resident understands of the resident’s health status and (vi) include a copy of the receipt that it furnished to thehealth rights, including the following: residents for funds received and other valuables entrusted to the

(i) medical condition; licensee for safekeeping.(ii) the right to refuse treatment; (b) The facility shall make individual financial records(iii) the right to formulate an advance directive in accordance available on request through quarterly statements to the resident or

with Section 75-2-1101; and the resident’s legal representative.(iv) the right to refuse to participate in experimental research. (c) The facility shall purchase a surety bond or otherwise(x) the right to be fully informed in advance about care and provide assurance satisfactory to the Department that all resident

treatment and of any changes in that care or treatment that may personal funds deposited with the facility are secure.affect the resident’s well-being. (d) The facility shall deposit all money in a resident’s account

(6) The facility shall post in a public area of the facility that is that is in excess of $150 in an interest-bearing bank account, oneeasily accessible by residents the following: separate from any of the facility’s operating accounts, in a local

(a) the results of surveys of the facility and any plans of financial institution within five days of receipt.correction; (i) Interest earned on the residents’ bank accounts shall be

(b) the ombudsmen’s notification poster; credited to their accounts.(c) information on Utah protection and advocacy systems; and (ii) In pooled accounts there shall be a separate accounting for(d) a copy of the resident’s rights. each resident’s share, including interest.(7) A resident may organize and participate in resident groups (e) The facility shall maintain a resident’s personal funds that

in the facility, and a resident’s family has may meet in the facility do not exceed $150 in a noninterest-bearing account, interest-with the families of other residents. bearing account, or petty cash fund.

(a) The facility shall provide a resident group or family group (f) Upon discharge of a resident with funds or valuablesprivate space. deposited with the facility, the facility shall that day convey the

(b) Facility personnel or visitors may attend resident group or resident’s funds, and a final accounting of those funds, to thefamily group meetings only at the group’s invitation. resident or the resident’s legal representative. However, funds and

(c) The facility shall designate an employee to provide valuables kept in an interest-bearing account and a final accountingassistance and to respond to written requests that result from group of those funds shall be made available within three working days.meetings. (g) Within 30 days following the death of a resident, except in

R432-270-24. Management of Resident Funds.(1) Residents have the right to manage and control their of those funds, to the individual administering the resident’s estate.

financial affairs. The facility may not require residents to deposittheir personal funds or valuables with the facility.

(2) The facility need not handle residents’ cash resources or (1) The facility shall maintain accurate and complete records.valuables. However, upon written authorization by the resident or Records shall be filed, stored safely, and be easily accessible tothe resident’s responsible person, the facility may hold, safeguard, staff.

a medical examiner case, the facility shall convey the resident’svaluables and funds entrusted to the facility, and a final accounting

R432-270-25. Facility Records.

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(2) Records shall be protected against access by unauthorized (e) assignment of personnel to specific tasks during anindividuals. emergency;

(3) The facility shall maintain personnel records for each (f) the procedure to evacuate and transport residents and staffemployee and shall retain such records for at least three years to a safe place within the facility or to other prearranged locations;following termination of employment. Personnel records shall (g) instructions on how to recruit additional help, supplies,include the following: and equipment to meet the residents’ needs after an emergency or

(a) employee application; disaster;(b) date of employment; (h) delivery of essential care and services to facility occupants(c) termination date; and by alternate means;(d) reason for leaving. (i) delivery of essential care and services when additional(4) The facility shall maintain in the facility a separate record persons are housed in the facility during an emergency;

for each resident that shall: (j) delivery of essential care and services to facility occupants(a) be available to facility staff and the Department; when personnel are reduced by an emergency;(b) be retained for at least three years following discharge; (k) maintenance of safe ambient air temperatures within the(c) include the following: facility:(i) demographic information; including the resident’s name, (i) Emergency heating must have the approval of the local fire

date of birth, and last address; department.(ii) name, address, and telephone number of the person who (ii) Ambient air temperatures of 58 degrees F. or below may

administers and obtains medications, if this is not facility staff; constitute an imminent danger to the health and safety of the(iii) name, address, and telephone number of the individual to residents in the facility. The person in charge shall take immediate

be notified in case of accident or death; action in the best interests of the residents.(iv) name, address, and telephone number of physician and (iii) The facility shall have, and be capable of implementing,

dentist to be called in an emergency; contingency plans regarding excessively high ambient air(v) admission agreement; temperatures within the facility that may exacerbate the medical(vi) physician’s assessment; condition of residents.(vii) resident assessment; and (4) Personnel and residents shall receive instruction and(viii) resident service plan. training in accordance with the plans to respond appropriately in an

R432-270-26. Disaster and Emergency Preparedness.(1) The facility is responsible for the safety and well-being of residents and carry out unannounced drills using those procedures;

residents in the event of an emergency or disaster. (b) hold simulated disaster drills semi-annually;(2) The licensee and the administrator are responsible to (c) hold simulated fire drills quarterly on each shift for staff

develop plans coordinated with the state and local emergency and residents in accordance with Rule R710-3; anddisaster authorities to respond to potential emergencies and (d) document all drills, including date, participants, problemsdisasters. The plan shall outline the protection or evacuation of all encountered, and the ability of each resident to evacuate.residents and include arrangements for staff response or provisions (5) The administrator shall be in charge during an emergency.of additional staff to ensure the safety of any resident with physical If not on the premises, the administrator shall make every effort toor mental limitations. report to the facility, relieve subordinates and take charge.

(a) Emergencies and disasters include fire, severe weather, (6) The facility shall provide in-house all equipment andmissing residents, interruption of public utilities, explosion, bomb supplies required in an emergency including emergency lighting,threat, earthquake, flood, windstorm, epidemic, or mass casualty. heating equipment, food, potable water, extra blankets, first aid kit,

(b) The emergency and disaster response plans shall be in and radio.writing and shall be distributed or made available to all facility staff (7) The following shall be posted in prominent locationsand residents to assure prompt and efficient implementation. throughout the facility:

(c) The licensee and the administrator shall review and update (a) The name of the person in charge and names and telephonethe plans as necessary to conform with local emergency plans. The numbers of emergency medical personnel, agencies, and appropriateplans shall be available for review by the Department. communication and emergency transport systems.

(3) The facility’s emergency and disaster response plans shall (b) Evacuation routes, location of fire alarm boxes, and fireaddress the following: extinguishers.

(a) the names of the person in charge and persons withdecision-making authority;

(b) the names of persons who shall be notified in an (1) The facility must at all times have one employee on dutyemergency in order of priority; who has trained in basic first aid, cardiopulmonary resuscitation and

(c) the names and telephone numbers of emergency medical emergency procedures. First aid training refers to any basic first aidpersonnel, fire department, paramedics, ambulance service, police, course approved by the American Red Cross or Utah Emergencyand other appropriate agencies; Medical Training Council.

(d) instructions on how to contain a fire and how to use the (2) The facility must have a first aid kit available at a specifiedfacility alarm systems; location in the facility.

emergency. The facility shall:(a) annually review the procedures with existing staff and

R432-270-27. First Aid.

(3) The first aid kit must contain the following:

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(a) a current edition of a basic first aid manual approved by (5) The facility shall maintain incident reports documentingthe American Red Cross, the American Medical Association, or a that all alleged violations are thoroughly investigated internally, andstate or federal health agency; shall prevent further potential abuse while the investigation is in

(b) sterilized gauze squares, six each of assorted sizes two- progress.and four-inch; (6) The results of all internal investigations shall be reported

(c) one each of King rolled one-inch, two-inch, and three-inch immediately to the administrator or the administrator’s designatedbandages; representative or to other appropriate officials.

(d) assorted adhesive dressing such as Band-Aids; (7) If the alleged violation is verified, the facility shall take(e) adhesive tape, one-half inch or one inch wide; appropriate corrective action and document the action taken.(f) bandage or other safe scissors;(g) tweezers;(h) thermometers;(i) tongue blades and cotton-tipped applicator sticks;(j) cleansing agent or disinfectant solution;(k) lubricant;(l) assorted safety pins;(m) airway for mouth-to-mouth resuscitation.

R432-270-28. Pets. living facilities.(1) The facility may allow residents to keep household pets

such as dogs, cats, birds, fish, and hamsters if permitted by localordinance and by facility policy.

(2) Pets must be kept clean and disease-free.(3) The pets’ environment shall be kept clean.(4) Small pets such as birds and hamsters shall be kept in

appropriate enclosures.(5) Pets not confined in enclosures shall be hand-held, under

leash control, or under voice control.(6) Pets that are kept at the facility or are frequent visitors

must have current vaccinations(7) Upon approval of the administrator, family members may

bring residents’ pets to visit.(8) Each facility with birds shall have procedures which

prevent the transmission of psittacosis. Procedures shall ensure theminimum handling of and the placing of droppings into a closedplastic bag for disposal.

(9) Pets are not permitted in central food preparation, storage,or dining areas or in any area where their presence would create asignificant health or safety risk to others.

R432-270-29. Abuse Policy. (4) Assisted living services shall be individualized to:(1) The resident has the right to be free from involuntary

seclusion, corporal punishment, and from verbal, sexual, physical,or mental abuse.

(2) The facility shall develop and implement written policiesand procedures that prohibit the mistreatment, neglect, or abuse ofresidents, or the misappropriation of resident property.

(3) The facility shall not:(a) allow verbal, mental, sexual, or physical abuse, including

corporal punishment or involuntary seclusion; or(b) knowingly employ individuals who have been convicted

of abusing, neglecting, or mistreating individuals.(4) The facility shall ensure that all alleged violations

involving mistreatment, neglect, or abuse, including injuries of anunknown source, are reported immediately to the administrator ofthe facility and to other officials in accordance with Section 62A-3-302, concerning requirements to report abuse, neglect, orexploitation of a disabled adult.

KEY: health facilitiesMarch 5, 1996 26-21-5

26-21-1]R432-270-1. Legal Authority.

This rule is adopted pursuant to Title 26, Chapter 21.

R432-270-2. Purpose.(1) This rule establishes the operational standards for assisted

(2) Assisted living as provided in 26-21-2(3) means:(a) A Type I assisted living facility is a residential facility that

provides assistance with activities of daily living and social care totwo or more residents who are capable of achieving mobilitysufficient to exit the facility without the assistance of anotherperson;

(b) A Type II assisted living facility is a residential facilitywith a home-like setting that provides an array of coordinatedsupportive personal and health care services, available 24 hours perday, to residents who have been assessed.

(c) Each resident in a Type I or Type II assisted living facilitymust have a service plan based on the assessment, which mayinclude:

(i) specified services of intermittent nursing care(ii) administration of medication; and(iii) support services promoting residents’ independence and

self-sufficiency.(3) Assisted living is intended to enable persons experiencing

functional impairments to receive 24-hour personal and health-related services in a place of residence with sufficient structure tomeet care needs in a safe manner.

(a) maintain each individual’s capabilities and facilitate usingthose abilities;

(b) create options to enable individuals to exercise controlover their lives,

(c) provide supports which validate the self-worth of eachindividual by showing courtesy and respect for the individual’srights;

(d) maintain areas or spaces which provide privacy; and(e) recognize each individual’s needs and preferences and be

flexible in service delivery to respond to those needs andpreferences.

(5) Assisted living is intended to allow residents to choosehow they will balance risk and quality of life.

(6) Type II assisted living facilities shall provide substantialassistance with activities of daily living, in response to a medicalcondition, above the level of verbal prompting, supervision, orcoordination.

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(7) Type II assisted living facilities shall provide each resident (i) "Unit" means an individual living space, including livingwith a separate living unit. Two residents may share a unit upon and sleeping space, bathroom, and optional kitchen area.written request of both of the residents.

(8) Type II assisted living is intended to enable residents, tothe degree possible, to age in place. (1) Assisted living facilities may be licensed as large, small or

R432-270-3. Definitions.(1) The terms used in these rules are defined in R432-1-3. (3) A small assisted living facility houses six to 16 residents.(2) In addition: (4) A limited capacity assisted living facility houses two to(a) "Assistance with the activities of daily living and five residents.

independent activities of daily living" means prompting andassisting residents with the following:

(i) personal grooming and dressing; (1) The licensee must:(ii) oral hygiene and denture care; (a) ensure compliance with all federal, state, and local laws;(iii) toileting and toilet hygiene; (b) assume responsibility for the overall organization,(iv) eating during mealtime; management, operation, and control of the facility;(v) encouraging and supporting residents to be independent or (c) establish policies and procedures for the welfare of

maintain independence if they use assistive devices (crutches, residents, the protection of their rights, and the general operation ofbraces, walkers, wheelchairs) or prosthetic devices (glasses and the facility;hearing aids); (d) implement a policy which ensures that the facility does not

(vi) housekeeping; discriminate on the basis of race, color, sex, religion, ancestry, or(vii) self-administration of medication; national origin in accordance with state and federal law;(viii) encouraging the resident to maintain his independence (e) secure and update contracts for required services not

and sense of self-direction; provided directly by the facility;(ix) administering emergency first aid; and (f) respond to requests for reports from the Department; and(x) taking and recording oral temperatures. (g) appoint, in writing, a qualified administrator who shall(b) "Dependent" means a person who meets one or all of the assume full responsibility for the day-to-day operation and

following criteria: management of the facility. The licensee and administrator may be(i) requires inpatient hospital or 24-hour continual nursing the same person.

care that will last longer than 15 calendar days after the day on (2) The licensee shall implement a quality assurance programwhich the nursing care begins; to include a Quality Assurance Committee. The committee must:

(ii) is unable to evacuate from the facility without the physical (a) consist of at least the facility administrator and a healthassistance of two persons. care professional, and

(c) "Home-like" as used in statute and this rule means a place (b) meet at least quarterly to identify and act on quality issues.of residence which creates an atmosphere supportive of the (3) If the licensee is a corporation or an association, it shallresident’s preferred lifestyle. Home-like is also supported by the use maintain an active and functioning governing body to fulfillof residential building materials and furnishings. licensee duties and to ensure accountability.

(d) "Licensed health care professional" means a registerednurse, physician assistant, advanced nurse practitioner, or physicianlicensed by the Utah Department of Commerce who has education (1) The administrator shall have the following qualifications:and experience to assess and evaluate the health care needs of the (a) be 21 years of age or older;resident. (b) have knowledge of applicable laws and rules;

(e) "Semi-independent" means a person who is: (c) have the ability to deliver, or direct the delivery of,(i) physically disabled but able to direct his own care; or appropriate care to residents;(ii) cognitively impaired or physically disabled but able to (d) be of good moral character;

evacuate from the facility or to a zone or area of safety with the (e) complete the background criminal clearance defined inphysical assistance of one person. R432-35; and

(f) "Service Plan" means a written plan for services which (f) for all Type II facilities, complete a Department approvedmeets the requirements of R432-270-14. national certification program.

(g) "Services" means activities which help the residents (2) In addition to R432-270-6(1) the administrator of a Typedevelop skills to increase or maintain their level of psycho-social I facility shall have an associate degree or two years experience inand physical functioning, or which assist them in activities of daily a health care facility.living. (3) In addition to R432-270-6(1) the administrator of a Type

(h) "Social care" means: II small or limited-capacity assisted living facility shall have one or(i) providing opportunities for social interaction in the facility more of the following:

and in the community; and (a) an associate degree in a health care field;(ii) providing services to promote independence and a sense (b) two years or more management experience in a health care

of self-direction. field; or

R432-270-4. Licensure.

limited capacity facilities.(2) A large assisted living facility houses 17 or more residents.

R432-270-5. Licensee.

R432-270-6. Administrator Qualifications.

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(c) one year’s experience in a health care field as a licensedhealth care professional. (1) Qualified competent direct-care personnel shall be on the

(4) In addition to R432-270-6(1) the administrator of a Type premises 24 hours a day to meet residents needs as determined byII large assisted living facility must have one or more of the the residents’ assessment and service plans. Additional staff shallfollowing: be employed as necessary to perform office work, cooking,

(a) a State of Utah health facility administrator license; housekeeping, laundering and general maintenance.(b) a bachelor’s degree in a health care field, to include (2) The services provided or arranged by the facility shall be

management training or one or more years of management provided by qualified persons in accordance with the resident’sexperience; written service plan.

(c) a bachelor’s degree in any field, to include management (3) All personnel who provide personal care to residents in atraining or one or more years of management experience and one Type I facility shall be at least 18 years of age and shall have relatedyear or more experience in a health care field; or experience in the job assigned or receive on the job training.

(d) an associates degree and four years or more management (4) Personnel who provide personal care to residents in a Typeexperience in a health care field. II facility shall be certified nurse aides or complete a state certified

R432-270-7. Administrator Duties.(1) The administrator must: accordance with applicable state laws.(a) be on the premises a sufficient number of hours in the (6) The administrator shall maintain written job descriptions

business day, and at other times as necessary, to manage and for each position, including job title, job responsibilities,administer the facility; qualifications or required skills.

(b) designate, in writing, a competent employee, 21 years of (7) Facility policies and procedures must be available toage or older, to act as administrator when the administrator is personnel at all times.unavailable for immediate contact. It is not the intent of this (8) All personnel must receive documented orientation to thesubsection to permit a de facto administrator to replace the facility and the job for which they are hired. Orientation shalldesignated administrator. include the following:

(2) The administrator is responsible for the following: (a) job description;(a) recruit, employ, and train the number of licensed and (b) ethics, confidentiality, and residents’ rights;

unlicensed staff needed to provide services; (c) fire and disaster plan;(b) verify all required licenses and permits of staff and (d) policy and procedures; and

consultants at the time of hire or the effective date of contract; (e) reporting responsibility for abuse, neglect and exploitation.(c) maintain facility staffing records for the preceding 12 (9) Each employee shall receive documented in-service

months; training. The training shall be tailored to include all of the(d) admit and retain only those residents who meet admissions following subjects that are relevant to the employee’s job

criteria and whose needs can be met by the facility; responsibilities:(e) review at least quarterly every injury, accident, and (a) principles of good nutrition, menu planning, food

incident to a resident or employee and document appropriate preparation, and storage;corrective action; (b) principles of good housekeeping and sanitation;

(f) maintain a log indicating any significant change in a (c) principles of providing personal and social care;resident’s condition and the facility’s action or response; (d) proper procedures in assisting residents with medications;

(g) complete an investigation whenever there is reason to (e) recognizing early signs of illness and determining whenbelieve that a resident has been subject to abuse, neglect, or there is a need for professional help;exploitation; (f) accident prevention, including safe bath and shower water

(h) report all suspected abuse, neglect, or exploitation in temperatures;accordance with Section 62A-3-302, and document appropriate (g) communication skills which enhance resident dignity;action if the alleged violation is verified. (h) first aid;

(i) notify the resident’s responsible person and physician of (i) resident’s rights and reporting requirements of Sectionsignificant changes or deterioration of the resident’s health, and 62A-3-201 to 312; andensure the resident’s transfer to an appropriate health care facility if (j) special needs of the Dementia/Alzheimer’s resident.the resident requires services beyond the scope of the facility’s (10) An employee who reports suspected abuse, neglect, orlicense; exploitation shall not be subject to retaliation, disciplinary action,

(j) conduct and document regular inspections of the facility to or termination by the facility for that reason alone. (11) Theensure it is safe from potential hazards; facility shall establish a personnel health program through written

(k) complete, submit, and file all records and reports required personnel health policies and procedures which protect the healthby the Department; and safety of personnel, residents and the public.

(l) participate in a quality assurance program; and (12) The facility must complete an employee placement health(m) secure and update contracts for required professional and evaluation to include at least a health inventory when an employee

other services not provided directly by the facility. is hired. Facilities may use their own evaluation or a Department(5) The administrator’s responsibilities shall be included in a approved form.

written and signed job description on file in the facility.

R432-270-8. Personnel.

nurse aide program after four months of the date of hire.(5) Personnel shall be licensed, certified, or registered in

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(a) A health inventory shall obtain at least the employee’s (d) the right to refuse to perform work for the facility;history of the following: (e) the right to perform work for the facility if the facility

(i) conditions that may predispose the employee to acquiring consents and if:or transmitting infectious diseases; and (i) the facility has documented the resident’s need or desire for

(ii) conditions that may prevent the employee from performing work in the service plan,certain assigned duties satisfactorily. (ii) the resident agrees to the work arrangement described in

(b) The facility shall develop employee health screening and the service plan,immunization components of the personnel health program. (iii) the service plan specifies the nature of the work

(c) Employee skin testing by the Mantoux Method and follow performed and whether the services are voluntary or paid, andup for tuberculosis shall be done in accordance with R388-804, (iv) compensation for paid services is at or above theTuberculosis Control Rule. prevailing rate for similar work in the surrounding community;

(i) Skin testing must be conducted on each employee within (f) the right to privacy during visits with family, friends,two weeks of hire and after suspected exposure to a resident with clergy, social workers, ombudsmen, resident groups, and advocacyactive tuberculosis. representatives;

(ii) All employees with known positive reaction to skin tests (g) the right to share a unit with a spouse if both spousesare exempt from skin testing. consent, and if both spouses are facility residents;

(d) All infections and communicable diseases reportable by (h) the right to privacy when receiving personal care orlaw shall be reported to the local health department in accordance services;with R386-702-2. (i) the right to keep personal possessions and clothing as space

(e) The facility shall comply with the Occupational Safety and permits;Health Administration’s Bloodborne Pathogen Standard. (j) the right to participate in religious and social activities of

R432-270-9. Volunteers.(1) Volunteers may be used in the daily activities of the inside and outside the facility;

facility, but may not be included in the facility’s employee staffing (l) the right to send and receive mail unopened;plan. (m) the right to have access to telephones to make and receive

(2) Volunteers must be supervised by facility staff. private calls;(3) Volunteers must be familiar with the facility’s policies and (n) the right to arrange for medical and personal care;

procedures and with residents’ rights. (o) the right to have a family member or responsible person

R432-270-10. Residents’ Rights.(1) Assisted living facilities shall develop a written resident’s (p) the right to leave the facility at any time and not be locked

rights statement based on this section. into any room, building, or on the facility premises during the day(2) The administrator or designee shall give the resident a or night. This right does not prohibit the establishment of house

written description of the resident’s legal rights upon admission, rules such as locking doors at night for the protection of residents;including the following: (q) the right to be informed of complaint or grievance

(a) a description of the manner of protecting personal funds, procedures and to voice grievances and recommend changes inin accordance with Section R432-270-20; and policies and services to facility staff or outside representatives

(b) a statement that the resident may file a complaint with the without restraint, discrimination, or reprisal;state long term care ombudsman and any other advocacy group (r) the right to be encouraged and assisted throughout theconcerning resident abuse, neglect, or misappropriation of resident period of a stay to exercise these rights as a resident and as aproperty in the facility. citizen;

(3) The administrator or designee shall notify the resident or (s) the right to manage and control personal funds, or to bethe resident’s responsible person at the time of admission, in writing given an accounting of personal funds entrusted to the facility, asand in a language and manner that the resident or the resident’s provided in R432-270-20 concerning management of residentresponsible person understands, of the resident’s rights and of all funds;rules governing resident conduct and responsibilities during the stay (t) the right, upon oral or written request, to access within 24in the facility. hours all records pertaining to the resident, including clinical

(4) The administrator or designee must promptly notify in records;writing the resident or the resident’s responsible person when there (u) the right, two working days after the day of the resident’sis a change in resident rights under state law. oral or written request, to purchase at a cost not to exceed the

(5) Resident rights include the following: community standard photocopies of the resident’s records or any(a) the right to be treated with respect, consideration, fairness, portion thereof;

and full recognition of personal dignity and individuality; (v) the right to personal privacy and confidentiality of(b) the right to be transferred, discharged, or evicted by the personal and clinical records;

facility only in accordance with the terms of the signed admission (w) the right to be fully informed in advance about care andagreement; treatment and of any changes in that care or treatment that may

(c) the right to be free of mental and physical abuse, and affect the resident’s well-being; andchemical and physical restraints;

the resident’s choice;(k) the right to interact with members of the community both

informed by the facility of significant changes in the resident’scognitive, medical, physical, or social condition or needs;

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(x) the right to be fully informed in a language and in a (b) has active tuberculosis or other chronic communicablemanner the resident understands of the resident’s health status and diseases that cannot be treated in the facility or on an outpatienthealth rights, including the following: basis; or may be transmitted to other residents or guests through the

(i) medical condition; normal course of activities; or(ii) the right to refuse treatment; (c) requires inpatient hospital or long-term nursing care;(iii) the right to formulate an advance directive in accordance (6) In addition to the conditions outlined in R432-270-11(5),

with UCA Section 75-2-1101; and a Type I facility shall not accept or retain a person who:(iv) the right to refuse to participate in experimental research. (a) requires significant assistance during night sleeping hours;(6) The following items must be posted in a public area of the (b) is unable to take life saving action in an emergency

facility that is easily accessible by residents the following: without the assistance of another person; or(a) the long term care ombudsmen’s notification poster; (c) requires close supervision and a controlled environment.(b) information on Utah protection and advocacy systems; and (7) The prospective resident or the prospective resident’s(c) a copy of the resident’s rights. responsible person must sign a written admission agreement prior(7) The facility shall have available in a public area of the to admission. The admission agreement shall be kept on file by the

facility the results of the current survey of the facility and any plans facility and shall specify at least the following:of correction. (a) room and board charges and charges for basic and optional

(8) A resident may organize and participate in resident groups services;in the facility, and a resident’s family may meet in the facility with (b) provision for a 30-day notice prior to any change inthe families of other residents. established charges;

(a) The facility shall provide private space for resident groups (c) admission, retention, transfer, discharge, and evictionor family groups. policies;

(b) Facility personnel or visitors may attend resident group or (d) conditions under which the agreement may be terminated;family group meetings only at the group’s invitation. (e) the name of the responsible party;

(c) The administrator shall designate an employee to provide (f) notice that the Department has the authority to examineassistance and to respond to written requests that result from group resident records to determine compliance with licensingmeetings. requirements; and

R432-270-11. Admissions.(1) The facility shall have written admission, retention, and facility or by the resident,

transfer policies that are available to the public upon request. (ii) emergency transfers or discharges,(2) Before accepting a resident, the facility must obtain (iii) transfers or discharges without notice, and

sufficient information about the person’s ability to function in the (iv) death of a resident.facility through the following:

(a) an interview with the resident and the resident’sresponsible person; and (1) A resident may be discharged, transferred, or evicted for

(b) the completion of the resident assessment. one or more of the following reasons:(3) If the Department determines during inspection or (a) The facility is no longer able to meet the resident’s needs.

interview that the facility knowingly and willfully admits or retains (b) The resident fails to pay for services as required by theresidents who do not meet license criteria, then the Department admission agreement.may, for a time period specified, require that resident assessments (c) The resident fails to comply with written policies or rulesbe conducted by an individual who is independent from the facility. of the facility.

(4) The facility shall accept and retain only residents who (d) The resident wishes to transfer.meet the following criteria: (e) The facility ceases to operate.

(a) Residents admitted to a Type I facility shall meet the (2) Prior to transferring or discharging a resident, the facilityfollowing criteria before being admitted: shall serve a transfer or discharge notice upon the resident and the

(i) be ambulatory or mobile and be capable of taking life resident’s responsible person.saving action in an emergency; (a) The notice shall be either hand-delivered or sent by

(ii) have stable health; certified mail.(iii) require no assistance or only limited assistance from (b) The notice shall be made at least 30 days before the day on

facility staff in the activities of daily living; and which the facility plans to transfer or discharge the resident, except(iv) require and receive regular or intermittent care or that the notice may be made as soon as practicable before transfer

treatment in the facility from a licensed health professional either or discharge if:through contract or by the facility, if permitted by facility policy. (i) the safety or health of persons in the facility is endangered;

(b) Residents admitted to a Type II facility may be orindependent and semi-independent, but shall not be dependent. (ii) an immediate transfer or discharge is required by the

(5) Type I and Type II assisted living facilities shall not admit resident’s urgent medical needs.or retain a person who: (3) The notice of transfer or discharge shall:

(a) manifests behavior that is suicidal, sexually or socially (a) be in writing with a copy placed in the resident file;inappropriate, assaultive, or poses a danger to self or others; or

(g) refund provisions that address the following:(i) thirty-day notices for transfer or discharge given by the

R432-270-12. Transfer or Discharge Requirements.

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(b) be phrased in a manner and in a language the resident can (8) The facility shall revise and update each resident’sunderstand; assessment when there is a significant change in the resident’s

(c) detail the reasons for transfer or discharge; cognitive, medical, physical, or social condition.(d) state the effective date of transfer or discharge; (9) A Type I facility shall conduct a semi annual resident(e) state the location to which the resident will be transferred review in each 12-month period.

or discharged; (a) The semi-annual review shall document the assistance(f) state that the resident may request a conference to discuss required by the resident in the activities of daily living.

the transfer or discharge; and (b) The semi annual resident review may be completed and(g) contain the following information: signed by facility staff other than a licensed health care(i) for facility residents who are 60 years of age or older, the professional.

name, mailing address, and telephone number of the State Long (10) A Type II facility shall conduct a semi-annual residentTerm Care Ombudsman; assessment review.

(ii) for facility residents with developmental disabilities, the (a) The semi-annual resident assessment review shallmailing address and telephone number of the agency responsible for document changes in a resident’s cognitive, medical, physical, andthe protection and advocacy of developmentally disabled social conditions.individuals established under part C of the Developmental (b) A registered nurse must complete and sign the residentDisabilities Assistance and Bill of Rights Act; and assessment.

(iii) for facility residents who are mentally ill, the mailingaddress and telephone number of the agency responsible for theprotection and advocacy of mentally ill individuals established (1) Each resident must have an individualized service planunder the Protection and Advocacy for Mentally Ill Individuals Act. that is consistent with the resident’s unique cognitive, medical,

(4) The facility shall provide sufficient preparation and physical, and social needs, and is developed within seven calendarorientation to a resident to ensure a safe and orderly transfer or days of the day the facility admits the resident. The facility shalldischarge from the facility. periodically revise the service plan as needed.

(5) The resident or the resident’s responsible person may (2) The facility shall use the resident assessment to develop,contest a transfer or discharge. If the transfer or discharge is review, and revise the service plan for each resident.contested, the facility shall provide an informal conference, except (3) The service plan must be prepared by a service coordinatorwhere undue delay might jeopardize the health, safety, or well- who is an employee of the assisted living facility. The resident orbeing of the resident or others. the resident’s responsible person shall actively participate with the

(a) The resident or the resident’s responsible person must service coordinator in developing the service plan.request the conference within five calendar days of the day of (4) The service plan shall include a written description of thereceipt of notice of discharge to determine if a satisfactory following:resolution can be reached. (a) what services are provided;

(b) Participants in the conference shall include the facility (b) who will provide the services, including the resident’srepresentatives, the resident or the resident’s responsible person, and significant others who may participate in the delivery of services;any others requested by the resident or the resident’s responsible (c) how the services are provided;person. (d) the frequency of services; and

R432-270-13. Resident Assessment.(1) Each person admitted to an assisted living facility shall

have a personal physician or a licensed practitioner prior to (1) The facility must develop written policies and proceduresadmission. defining the level of nursing services provided by the facility.

(2) A signed and dated resident assessment shall be completed (a) A Type II assisted living facility shall employ or contracton each resident prior to admission and at least annually thereafter. with a registered nurse to provide or supervise nursing services to

(3) In a Type I facility, the resident assessment shall be include:completed and signed by a physician, an advanced practice (i) a nursing assessment on each resident;registered nurse, physician assistant, or a registered nurse. (ii) general health monitoring on each resident; and

(4) In a Type II facility, the resident assessment shall be (iii) routine nursing tasks, including those that may becompleted and signed by the facility’s registered nurse. delegated to unlicensed assistive personnel in accordance with the

(5) The resident assessment shall include a signed statement, Utah Nurse Practice Act R156-31-603.by the health professional completing the resident assessment, that (b) A Type I assisted living facility may provide nursing carethe resident is able to function in either a Type I or Type II assisted according to facility policy. If a Type I assisted living facilityliving facility. chooses to provide nursing services, the nursing services must be

(6) The resident assessment shall document the resident’s provided in accordance with R432-270-15(1)(a)(i) thru (iii).cognitive, physical, medical, and social conditions. (2) Type I and Type II assisted living facilities shall not

(7) The facility shall use a resident assessment form that is provide skilled nursing care, but must assist the resident inapproved and reviewed by the Department to document the resident obtaining required services.assessments. (3) To determine whether a nursing service is skilled, the

R432-270-14. Service Plan.

(e) changes in services and reasons for those changes.

R432-270-15. Nursing Services.

following criteria shall apply:

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(a) The complexity or specialized nature of the prescribed (i) Residents who have been assessed to be able to self-services can be safely or effectively performed only by, or under the administer medications may keep prescription medications in theirclose supervision of licensed health care professional personnel. rooms.

(b) Care is needed to prevent, to the extent possible, (ii) If more than one resident resides in a unit, the facility mustdeterioration of a condition or to sustain current capacities of a assess each person’s ability to safely have medications in the unit.resident. If safety is a factor, a resident shall keep his medication in a locked

R432-270-16. Arrangements for Medical or Dental Care.(1) The facility shall assist residents in arranging access for (i) reminding the resident to take the medication;

ancillary services for medically related care including physician, (ii) opening medication containers;dentist, pharmacist, therapy, podiatry, hospice, home health, and (iii) reading the instructions on container labels;other services necessary to support the resident. (iv) checking the dosage against the label of the container;

(2) The facility shall arrange for care through one or more of (v) reassuring the resident that the dosage is correct;the following methods: (vi) observing a resident take the medication; and

(a) notifying the resident’s responsible person; (vii) reminding the resident or the resident’s responsible(b) arranging for transportation to and from the practitioner’s person when the prescription needs to be refilled.

office; or (c) Family members or a significant other may set up(c) arrange for a home visit by a health care professional. medications in a package which identifies the medication and time(3) The facility must notify a physician or other health care to administer. If a family member or significant other assists with

professional when the resident requires immediate medical medication administration, they shall sign a waiver indicating thatattention. they agree to assume the responsibility to fill prescriptions,

R432-270-17. Activity Program.(1) Residents shall be encouraged to maintain and develop medicate by:

their fullest potential for independent living through participation (i) reminding residents to take medications; andin activity and recreational programs. (ii) opening the container at the resident’s request.

(2) The facility shall provide opportunities for the following: (d) Unlicensed assistive personnel may assist with medication(a) socialization activities; administration under the supervision of the facility’s registered(b) independent living activities to foster and maintain nurse.

independent functioning; (i) The facility’s registered nurse may delegate the task of(c) physical activities; and assisting with medication administration to unlicensed assistive(d) community activities to promote resident participation in personnel in accordance with the Nurse Practice Act R156-31-603.

activities away from the facility. (ii) The registered nurse who delegates the assisting with(3) The administrator shall designate an activity coordinator medication administration must verify and evaluate the

to direct the facility’s activity program. The activity coordinator’s practitioner’s orders, perform a nursing assessment, and determineduties include the following: whether unlicensed assistive personnel can safely perform the

(a) coordinate all recreational activities, including volunteer assisting with administration of medications.and auxiliary activities; (iii) The medications must be administered according to a plan

(b) plan, organize, and conduct the residents’ activity program of care developed by the registered nurse.with resident participation; and (iv) The registered nurse shall provide and document

(c) develop and post monthly activity calendars, including supervision, evaluation, and training of unlicensed assistiveinformation on community activities, based on residents’ needs and personnel assisting with medication administration.interests. (v) The delegating nurse or another registered nurse shall be

(3) The facility shall provide sufficient equipment, supplies, readily available either in person or by telecommunication.and indoor and outdoor space to meet the recreational needs and (e) The resident may have the facility’s licensed nurseinterests of residents. administer medications.

(4) The facility shall provide storage for recreational (i) The service plan shall document instructions forequipment and supplies. Locked storage must be provided for medication administration.potentially dangerous items such as scissors, knives, and toxic (ii) All medications shall be prescribed in writing for thematerials. resident by the resident’s licensed practitioner.

R432-270-18. Medication Administration.(1) A licensed health care professional must assess each self-administer medications.

resident to determine what level and type of assistance is required (a) Medication records shall include the following:for medication administration. The level and type of assistance (i) the resident’s name;provided shall be documented on the resident’s service plan. (ii) the name of the prescribing practitioner;

(2) The resident’s medication program shall include one or all (iii) the name of the medication, including prescribed dosage;of the following: (iv) the times and dates administered;

(a) The resident is able to self-administer medications. (v) the method of administration;

container in the unit.(b) Facility staff may assist residents who self-medicate by:

administer medication, and document that the medication has beenadministered. The facility staff may assist the resident to self

(3) The facility must review all resident medications at leastevery six months unless the resident has been assessed to safely

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(vi) signatures of personnel administering the medication; and (vi) include a copy of the receipt that it furnished to the(vii) the review date. residents for funds received and other valuables entrusted to the(b) Any change in the dosage or schedule of medication licensee for safekeeping.

administration shall be made by the resident’s licensed practitioner (b) The facility shall make individual financial recordsand be documented in the medication record. All personnel shall be available on request through quarterly statements to the resident ornotified of the medication change. the resident’s legal representative.

(c) The facility shall keep on file a list of possible reactions (c) The facility shall purchase a surety bond or otherwiseand precautions to any medications that facility staff assist the provide assurance satisfactory to the Department that all residentresident to administer. personal funds deposited with the facility are secure.

(6) The licensed practitioner shall be notified when (d) The facility shall deposit, within five days of receipt, allmedications errors occur. resident monies that are in excess of $150 in an interest-bearing

(7) Medications shall be stored in a locked central storage area bank account, that is separate from any of the facility’s operatingto prevent unauthorized access. accounts, in a local financial institution.

(a) If medication is stored in a central location, the resident (i) Interest earned on a resident’s bank account shall beshall have timely access to the medication. credited to the resident’s account.

(b) Medications that require refrigeration shall be stored (ii) In pooled accounts, there shall be a separate accountingseparately from food items and at temperatures between 36 - 46 for each resident’s share, including interest.degrees F. (e) The facility shall maintain a resident’s personal funds that

(c) The administration, storage, and handling of oxygen must do not exceed $150 in a non-interest-bearing account, interest-comply with the requirements of NFPA 99 which is adopted and bearing account, or petty cash fund.incorporated by reference. (f) Upon discharge of a resident with funds or valuables

(8) The facility shall develop and implement a policy for deposited with the facility, the facility shall that day convey thedisposing of unused, outdated, or recalled medications. resident’s funds, and a final accounting of those funds, to the

(a) The facility shall return a resident’s medication to the resident or the resident’s legal representative. Funds and valuablesresident or to the resident’s responsible person upon discharge. kept in an interest-bearing account shall be accounted for and made

(b) The administrator shall document the return to the resident available within three working days.or the resident’s responsible person of medication stored in a central (g) Within 30 days following the death of a resident, except instorage. a medical examiner case, the facility shall convey the resident’s

R432-270-19. Management of Resident Funds.(1) Residents have the right to manage and control their

financial affairs. The facility may not require residents to deposittheir personal funds or valuables with the facility. (1) The facility must maintain accurate and complete records.

(2) The facility need not handle residents’ cash resources or Records shall be filed, stored safely, and be easily accessible to staffvaluables. However, upon written authorization by the resident or and the Department.the resident’s responsible person, the facility may hold, safeguard, (2) Records shall be protected against access by unauthorizedmanage, and account for the resident’s personal funds or valuables individuals.deposited with the facility, in accordance with the following: (3) The facility shall maintain personnel records for each

(a) The licensee shall establish and maintain on the residents’ employee and shall retain such records for at least three yearsbehalf a system that assures a full, complete, and separate following termination of employment. Personnel records mustaccounting according to generally accepted accounting principles include the following:of each resident’s personal funds entrusted to the facility. The (a) employee application;system shall: (b) date of employment;

(i) preclude any commingling of resident funds with facility (c) termination date;funds or with the funds of any person other than another resident, (d) reason for leaving;and preclude facility personnel from using residents’ monies or (e) documentation of CPR and first aid training;valuables as their own; (f) health inventory;

(ii) separate residents’ monies and valuables intact and free (g) food handlers permits;from any liability that the licensee incurs in the use of its own or the (h) TB skin test documentation; andfacility’s funds and valuables; (i) documentation of criminal background check.

(iii) maintain a separate account for resident funds for each (4) The facility must maintain in the facility a separate recordfacility and not commingle such funds with resident funds from for each resident that includes the following:another facility; (a) the resident’s name, date of birth, and last address;

(iv) for records of residents’ monies which are maintained as (b) the name, address, and telephone number of the persona drawing account, include a control account for all receipts and who administers and obtains medications, if this person is notexpenditures and an account for each resident and supporting facility staff;receipts filed in chronological order; (c) the name, address, and telephone number of the individual

(v) keep each account with columns for debits, credits, and to be notified in case of accident or death;balance; and

valuables and funds entrusted to the facility, and a final accountingof those funds, to the individual administering the resident’s estate.

R432-270-20. Facility Records.

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(d) the name, address, and telephone number of a physicianand dentist to be called in an emergency; (1) The facility shall employ housekeeping staff to maintain

(e) the admission agreement; both the exterior and interior of the facility.(f) the resident assessment; and (2) The facility shall designate a person to direct housekeeping(g) the resident service plan. services. This person shall:(5) Resident records must be retained for at least three years (a) post routine laundry, maintenance, and cleaning schedules

following discharge. for housekeeping staff.

R432-270-21. Food Services.(1) Facilities must have the capability to provide three meals (3) The facility shall control odors by maintaining cleanliness.

a day, seven days a week, to all residents, plus snacks. (4) There shall be a trash container in every occupied room.(a) The facility shall maintain onsite a one-week supply of (5) All cleaning agents, bleaches, insecticides, or poisonous,

nonperishable food and a three day supply of perishable food as dangerous, or flammable materials shall be stored in a locked arearequired to prepare the planned menus. to prevent unauthorized access.

(b) There shall be no more than a 14 hour interval between the (6) Housekeeping personnel shall be trained in preparing andevening meal and breakfast, unless a nutritious snack is available in using cleaning solutions, cleaning procedures, proper use ofthe evening. equipment, proper handling of clean and soiled linen, and

(c) The facility food service must comply with the following: procedures for disposal of solid waste.(i) All food shall be of good quality and shall be prepared by (7) Bathtubs, shower stalls, or lavatories shall not be used as

methods that conserve nutritive value, flavor, and appearance. storage places.(ii) The facility shall ensure food is palatable, attractively (8) Throw or scatter rugs that present a tripping hazard to

served, and delivered to the resident at the appropriate temperature. residents are not permitted.(iii) Powdered milk may only be used as a beverage, upon the

resident’s request, but may be used in cooking and baking.(2) The facility shall provide adaptive eating equipment and (1) The facility shall provide laundry services to meet the

utensils for residents as needed. needs of the residents, including sufficient linen supply to permit a(3) A different menu shall be planned and followed for each change in bed linens at least twice a week.

day of the week. (2) The facility shall inform the resident or the resident’s(a) All menus must be approved and signed by a certified responsible person in writing of the facility’s laundry policy for

dietitian. residents’ personal clothing.(b) Cycle menus shall cover a minimum of three weeks. (3) Food may not be stored, prepared, or served in any laundry(c) The current week’s menu shall be posted for residents’ area.

viewing. (4) The facility shall make available for resident use, the(d) Substitutions to the menu that are actually served to the following:

residents shall be recorded and retained for three months for review (a) at least one washing machine and one clothes dryer; andby the Department. (b) at least one iron and ironing board.

(4) Meals shall be served in a designated dining area suitablefor that purpose or in resident rooms upon request by the resident.

(5) Residents shall be encouraged to eat their meals in the (1) The facility shall conduct maintenance, includingdining room with other residents. preventive maintenance, according to a written schedule to ensure

(6) Inspection reports by the local health department shall be that the facility equipment, buildings, fixtures, spaces, and groundsmaintained at the facility for review by the Department. are safe, clean, operable, and in good repair.

(7) If the facility admits residents requiring therapeutic or (2) Entrances, exits, steps, and outside walkways shall bespecial diets, the facility shall have an approved dietary manual for maintained in a safe condition, free of ice, snow, and other hazards.reference when preparing meals. Dietitian consultation shall be (3) Electrical systems, including appliances, cords, equipmentprovided at least quarterly and documented for residents requiring call lights, and switches shall be maintained to guarantee safetherapeutic diets. functioning and compliance with the National Electric Code, NFPA

(8) The facility shall employ food service personnel to meet 70.the needs of residents. (4) The facility shall inspect and clean or replace air filters

(a) While on duty in food service, the cook and other kitchen installed in heating, air conditioning, and ventilation systemsstaff shall not be assigned concurrent duties outside the food service according to manufacturers specifications.area. (5) A pest control program shall be conducted in the facility

(b) All personnel who prepare or serve food shall have a buildings and on the grounds by a licensed pest control contractorcurrent Food Handler’s Permit. or a qualified employee, certified by the State, to ensure the absence

(c) Dietary staff must receive a minimum of six hours of of vermin and rodents. Documentation of the pest control programdocumented in-service training each year. shall be maintained for Department review.

(9) Food service shall comply with the Utah Department of (6) The facility shall document maintenance work performed.Health Food Service Sanitation Regulations, R392-100.

R432-270-22. Housekeeping Services.

(b) ensure all furniture, bedding, linens, and equipment areclean before use by another resident.

R432-270-23. Laundry Services.

R432-270-24. Maintenance Services.

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DAR File No. 21722 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 89

(7) Lighting levels shall meet or exceed the minimum residents in the facility. The person in charge shall take immediatestandards as outlined in "Lighting for Health Care Facilities", action in the best interests of the residents.Illuminating Engineering Society of North America, 1995 edition. (c) The facility shall have, and be capable of implementing,

(8) Hot water temperature controls shall automatically regulate contingency plans regarding excessively high ambient airtemperatures of hot water delivered to plumbing fixtures used by temperatures within the facility that may exacerbate the medicalresidents. The facility shall maintain hot water delivered to public condition of residents.and resident care areas at temperatures between 105 - 120 degrees (5) Personnel and residents shall receive instruction andF. training in accordance with the plans to respond appropriately in an

R432-270-25. Disaster and Emergency Preparedness.(1) The facility is responsible for the safety and well-being of residents and carry out unannounced drills using those procedures;

residents in the event of an emergency or disaster. (b) hold simulated disaster drills semi-annually;(2) The licensee and the administrator are responsible to (c) hold simulated fire drills quarterly on each shift for staff

develop and coordinate plans with state and local emergency and residents in accordance with Rule R710-3; anddisaster authorities to respond to potential emergencies and (d) document all drills, including date, participants, problemsdisasters. The plan shall outline the protection or evacuation of all encountered, and the ability of each resident to evacuate.residents, and include arrangements for staff response or provisions (6) The administrator shall be in charge during an emergency.of additional staff to ensure the safety of any resident with physical If not on the premises, the administrator shall make every effort toor mental limitations. report to the facility, relieve subordinates and take charge.

(a) Emergencies and disasters include fire, severe weather, (7) The facility shall provide in-house all equipment andmissing residents, death of a resident, interruption of public utilities, supplies required in an emergency including emergency lighting,explosion, bomb threat, earthquake, flood, windstorm, epidemic, or heating equipment, food, potable water, extra blankets, first aid kit,mass casualty. and radio.

(b) The emergency and disaster response plan shall be in (8) The following information shall be posted in prominentwriting and distributed or made available to all facility staff and locations throughout the facility:residents to assure prompt and efficient implementation. (a) The name of the person in charge and names and telephone

(c) The licensee and the administrator must review and update numbers of emergency medical personnel, agencies, and appropriatethe plan as necessary to conform with local emergency plans. The communication and emergency transport systems; andplan shall be available for review by the Department. (b) evacuation routes, location of fire alarm boxes, and fire

(3) The facility’s emergency and disaster response plan must extinguishers.address the following:

(a) the names of the person in charge and persons withdecision-making authority; (1) There shall be one staff person on duty at all times who

(b) the names of persons who shall be notified in an has training in basic first aid, the Heimlich maneuver, certificationemergency in order of priority; in cardiopulmonary resuscitation and emergency procedures to

(c) the names and telephone numbers of emergency medical ensure that each resident receives prompt first aid as needed.personnel, fire department, paramedics, ambulance service, police, (2) First aid training refers to any basic first aid courseand other appropriate agencies; approved by the American Red Cross or Utah Emergency Medical

(d) instructions on how to contain a fire and how to use the Training Council.facility alarm systems; (3) The facility must have a first aid kit available at a specified

(e) assignment of personnel to specific tasks during an location in the facility.emergency; (4) The facility shall have a current edition of a basic first aid

(f) the procedure to evacuate and transport residents and staff manual approved by the American Red Cross, the Americanto a safe place within the facility or to other prearranged locations; Medical Association, or a state or federal health agency.

(g) instructions on how to recruit additional help, supplies, (5) The facility must have a clean up kit for blood borneand equipment to meet the residents’ needs after an emergency or pathogens.disaster;

(h) delivery of essential care and services to facility occupantsby alternate means; (1) The facility may allow residents to keep household pets

(i) delivery of essential care and services when additional such as dogs, cats, birds, fish, and hamsters if permitted by localpersons are housed in the facility during an emergency; and ordinance and by facility policy.

(j) delivery of essential care and services to facility occupants (2) Pets must be kept clean and disease-free.when personnel are reduced by an emergency. (3) The pets’ environment shall be kept clean.

(4) The facility must maintain safe ambient air temperatures (4) Small pets such as birds and hamsters shall be kept inwithin the facility. appropriate enclosures.

(a) Emergency heating must have the approval of the local fire (5) Pets that display aggressive behavior are not permitted indepartment. the facility.

(b) Ambient air temperatures of 58 degrees F. or below may (6) Pets that are kept at the facility or are frequent visitorsconstitute an imminent danger to the health and safety of the must have current vaccinations

emergency. The facility shall:(a) annually review the procedures with existing staff and

R432-270-26. First Aid.

R432-270-27. Pets.

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NOTICES OF PROPOSED RULES DAR File No. 21726

90 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

(7) Upon approval of the administrator, family members may (11) If a person has an advanced directive, a copy shall bebring residents’ pets to visit. filed in the respite record and staff shall be informed of the

(8) Each facility with birds shall have procedures which advanced directive.prevent the transmission of psittacosis. Procedures shall ensure theminimum handling and placing of droppings into a closed plasticbag for disposal. Any person who violates any provision of this rule may be

(9) Pets are not permitted in central food preparation, storage, subject to the penalties enumerated in 26-21-11 and R432-3-6 or beor dining areas or in any area where their presence would create a assessed a penalty not to exceed the sum of $5,000 or be punishedsignificant health or safety risk to others. for violation of a class B misdemeanor for the first violation and for

R432-270-28. Respite Services.(1) Assisted Living facilities may offer respite services and are

not required to obtain a respite license from the Utah Departmentof Health.

(2) The purpose of respite is to provide intermittent, timelimited care to give primary caretakers relief from the demands ofcaring for a person.

(3) Respite services may be provided at an hourly rate or dailyrate, but shall not exceed 14-days for any single respite stay. Stayswhich exceed 14 days shall be considered a non-respite assistedliving facility admission, subject to the requirements of R432-270.

(4) The facility shall coordinate the delivery of respite serviceswith the recipient of services, case manager, if one exists, and thefamily member or primary caretaker.

(5) The facility shall document the person’s response to therespite placement and coordinate with all provider agencies toensure an uninterrupted service delivery program.

(6) The facility must complete a service agreement to serve asthe plan of care. The service agreement shall identify the prescribedmedications, physician treatment orders, need for assistance foractivities of daily living and diet orders.

(7) The facility shall have written policies and proceduresapproved by the Department prior to providing respite care.

(8) Policies and procedures must be available to staffregarding the respite care clients which include:

(a) medication administration;(b) notification of a responsible party in the case of an

emergency;(c) service agreement and admission criteria;(d) behavior management interventions;(e) philosophy of respite services;(f) post-service summary;(g) training and in-service requirement for employees; and(h) handling personal funds.(8) Persons receiving respite services shall be provided a copy

of the Resident Rights documents upon admission.(9) The facility shall maintain a record for each person

receiving respite services which includes:(a) a service agreement;(b) demographic information and resident identification data;(c) nursing notes;(d) physician treatment orders;(e) records made by staff regarding daily care of the person in

service;(f) accident and injury reports; and(g) a post-service summary.(10) Retention and storage of respite records shall comply

with R432-270-21(1)-(2).

R432-270-29. Penalties.

any subsequent similar violation within two years for violation ofa class A misdemeanor as provided in Section 26-23-6.

KEY: health facilities 26-21-51999 26-21-1

ñ ñ

R527-378

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21726FILED: 12/01/1998, 15:48

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: TheOffice of Recovery Services/Child Support Services(ORS/CSS) intends to use income withholding exclusively asthe means by which support is collected from Social Securitybenefits (as provided in Section 62A-11-401 et seq.). Hence,the word "Garnishment" is being replaced with "Withholding"in the R527-378 and Section R527-378-1 titles. AlthoughORS/CSS may otherwise require that 50% of an obligor’sdisposable income be withheld for payment of current andpast-due support (or up to 65%, subject to Federal ConsumerCredit Protection Act (FCCPA) limitations, when a 50%deduction is not enough to cover the current supportobligation), the current rule has restricted withholding to 25%of the Social Security benefit amount when the obligor’s soleincome source is Social Security. The proposed amendmentwill allow ORS/CSS to request that more than 25% of theobligor’s Social Security benefit be withheld (subject toORS/CSS rules and procedures and FCCPA limitations),when the obligor has a current support obligation. This willensure that children who are not receiving Social Securitybenefit payments covering the amount of the current supportdue them, will receive the regular financial support they need.The rule will continue to restrict withholding to 25% in arrearsonly cases where the obligor’s only income source is SocialSecurity.

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DAR File No. 21723 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 91

SUMMARY OF THE RULE OR CHANGE: The word "Garnishment" THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGhas been replaced with "Withholding" in the titles of R527- REGULAR BUSINESS HOURS, AT:378 and Section R527-378-1. The reference to garnishment Human Servicesin Section R527-378-1 has been eliminated, leaving only the Recovery Servicesreference to income withholding, and words have been Fourteenth Floor, Eaton/Kenway Bldg.added to restrict the 25% limitation on Social Security benefit 515 East 100 Southwithholding to arrears only cases. PO Box 45011

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS at the Division of Administrative Rules.RULE: Section 62A-11-107

ANTICIPATED COST OR SAVINGS TO: Wayne Braithwaite at the above address, by phone at (801)ïTHE STATE BUDGET: There is no anticipated cost to the state 536-8986, by FAX at (801) 536-8509, or by Internet E-mail atassociated with the proposed amendment. The exclusive [emailprotected] of income withholding may result in a small savingsbecause it is more efficient than the garnishment process. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEHowever, the garnishment process has been rarely used as BY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOa means to collect from Social Security benefits. Because LATER THAN 5:00 P.M. ON 01/14/1999.there are only a small number of ORS/CSS cases in whichthe obligor has no other income except Social Security, and THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999only a percentage of those cases have a current supportobligation, it is expected that the change in this rule (allowing AUTHORIZED BY: Emma Chacon, DirectorORS/CSS have more than 25% withheld when the obligorhas a current support obligation) will result in acorrespondingly small savings to the state.ïLOCAL GOVERNMENTS: None--administrative rules of theOffice of Recovery Services do not apply to localgovernments.ïOTHER PERSONS: The only persons who may be affected bythis change are those individuals with a current supportobligation whose only source of income is Social Securitybenefits and are either not making required supportpayments or whose support obligation is not fully covered bySocial Security benefits being paid to his/her children. Thischange will allow ORS/CSS to notify the Social SecurityAdministration to withhold support from these obligors up tothe FCCPA limit (65%) when 50% of the Social Securitybenefit amount will not cover the current support. COMPLIANCE COSTS FOR AFFECTED PERSONS: A person who issolely dependent on Social Security, has a current supportobligation, and is either not making required supportpayments or whose support obligation is not fully covered bySocial Security benefits being paid to his/her children, will beaffected by this change. Income withholding for theseobligors will be limited to 50% of the obligor’s Social Securitybenefit amount unless the withheld amount is not enough tocover the current support obligation. Under that exception,ORS/CSS would be allowed to notify the Social SecurityAdministration to withhold up to 65% of the obligor’s benefitamount as provided in the FCCPA.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: The proposed ruleamendment only affects certain obligors whose sole sourceof income is Social Security, and the Social SecurityAdministration which acts on income withholding ordersreceived from the Office of Recovery Services. The changewill have no fiscal impact on other payors of income includingbusinesses.

Salt Lake City, UT 84145-0011, or

DIRECT QUESTIONS REGARDING THIS RULE TO:

R527. Human Services, Recovery Services.R527-378. [Garnishment]Withholding of Social SecurityBenefits.R527-378-1. [Garnishment]Withholding of Social SecurityBenefits.

If social security is the obligor’s sole means of support and thecase is an arrears only case, [the garnishment or ]the notice to theSocial Security Administration to withhold income shall be limitedto 25 percent of the social security benefit amount.

KEY: child support, social security[1992]1999 62A-11-107Notice of Continuation December 4, 1997

ñ ñ

R590-135

NOTICE OF PROPOSED RULE(Repeal)

DAR FILE NO.: 21723FILED: 12/01/1998, 15:48

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: This ruleis being repealed and then rewritten as R590-170. The newrule will also include what is now in the InsuranceDepartment’s bulletin entitled "Fiduciary Responsibilities,"and "Company Reporting."

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NOTICES OF PROPOSED RULES DAR File No. 21723

92 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

SUMMARY OF THE RULE OR CHANGE: This rule is repealed in itsentirety.

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Sections 31A-2-201 and 31A-23-312

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: Since the changes noted here areessentially a matter of consolidation, there should be nochange in the state’s budget.ïLOCAL GOVERNMENTS: Since the changes noted here areessentially a matter of consolidation, there should be nochange in the local government’s budget.ïOTHER PERSONS: Since the changes noted here areessentially a matter of consolidation, there should be nochange to other persons.COMPLIANCE COSTS FOR AFFECTED PERSONS: Since thechanges noted here are essentially a matter of consolidation,there should be no change in the state’s budget.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: The repeal of this ruleand its rewrite as Rule R590-170 will not create anyadditional costs or credits for the state, the citizens of Utah,or those in the insurance industry who are under itsregulatory authority.(DAR Note: The proposed new rule for R590-170 is underDAR No. 21725 in this Bulletin.)

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Insurance (c) Commissions have not been transferred from a trustAdministration3110 State Office BuildingSalt Lake City, UT 84114, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Jilene Whitby at the above address, by phone at (801) 538-3803, by FAX at (801) 538-3829, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999; OR ATTENDING A PUBLICHEARING SCHEDULED FOR 01/06/1999, 10:00 a.m., State OfficeBuilding (behind the Capitol), Room 1112.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: Jilene Whitby, Information Specialist

R590. Insurance, Administration.[R590-135. Accounting Records Rule.R590-135-1. Authority.

This rule is promulgated by the insurance commissionerpursuant to the authority granted under Subsection 31A-2-201(3),Utah Code Annotated, (U.C.A.), to adopt rules for theimplementation of the Utah Insurance Code and under Subsection

31A-23-312(2)(c), U.C.A., which allows the commissioner toestablish by rule, records to be kept by licensees.

R590-135-2. Purpose and Scope.(1) The purpose of this rule is to issue guidelines and

standards that should be followed when maintaining accountingrecords.

(2) This Rule applies to all licensees holding monies in afiduciary capacity, or who is otherwise subject to Section 31A-23-310, U.C.A.

R590-135-3. Definitions.For the purpose of this rule, the commissioner adopts the

definitions as particularly set forth in Sections 31A-1-301 and 31A-23-102, U.C.A., and in addition thereto, the following definition:

(1) "Trust Account" means a checking or savings accountwhere monies are held in a fiduciary capacity.

R590-135-4. Rule.(1) Those to which this rule applies shall maintain, at the

principal place of business, accurate, records, kept on a consistentbasis, which will facilitate an audit trail, and shall be maintained fora period of not less than three years.

(2) Records maintained must establish that the followingconditions have been met:

(a) They must show the source and establish the existence offees and commissions in a trust account.

(b) A generally accepted form of reconciliation has beencompleted that establishes the amount of fees or commissions orboth that have been or are to be transferred out of the trust account.

account prior to the beginning of the policy period for whichpremium was collected.

(d) Commissions or fees have not been left to accumulate ina trust account beyond the end of the policy period for whichpremium was collected.

(e) Commissions attributed to premiums collected after theend of the policy period have been disbursed no later than when thenet of those premiums are paid to the insurer.

(f) Interest accrued on funds held in a trust account have beenwithdrawn at least annually. Records maintained must establish theexistence and amount of interest accrued.

(3) No person shall pay personal or business expenses directlyfrom a trust account.

(4) Failure to comply with the requirements of this rule shallresult in the rebuttable presumption that the person to whom thisrule applies is in violation of Subsection 31A-23-310(1), U.C.A.

R590-135-5. Penalties.Licensees failing to maintain records and information as

required by this rule, will be subject to the forfeiture and penaltyprovisions of Section 31A-2-308, U.C.A.

R590-135-6. Severability.If a provision of this rule or the application thereof to any

person or circ*mstance is for any reason held to be invalid, theremainder of the rule and the application of such provisions may notbe affected thereby.

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DAR File No. 21724 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 93

KEY: insurance law1990 31A-2-201Notice of Continuation December 1, 1995 31A-23-312]

ñ ñ

R590-166

NOTICE OF PROPOSED RULE(Repeal)

DAR FILE NO.: 21724FILED: 12/01/1998, 15:48

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: This rulewas written as just a temporary remedy to make up for thelack of insurers selling reimbursem*nt insurance. Thepurpose of this rule is to establish certain exemptions fromthe requirements of Chapter 6a of Title 31A as it relates tohome protection companies as defined in the rule.

SUMMARY OF THE RULE OR CHANGE: This rule is repealed in itsentirety.

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Sections 31A-2-201 and 31A-6a-110

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: The repeal of this rule will increase theamount of premium taxes by a minute amount. There areonly 13 home protection companies that will be required tohave their contracts insured by reimbursem*nt insurance, ifthey are not already. The state receives no fees as a resultof this rule and requires no additional people to regulate it.ïLOCAL GOVERNMENTS: This would not affect localgovernments since they have not been involved in theregulation of home protection companies and do not receivefees or taxes from their operation.ïOTHER PERSONS: If this rule is repealed, 13 home protectioncompanies will be required to follow the current law found inSection 31A-6a-103 requiring them to obtain areimbursem*nt insurance policy for the service contracts thatthey sell to their customers instead of depositing a certainamount of their money to cover these contracts. As a resultof the elimination of this rule home protection companies willno longer have to tie up $10,000 of their money for every 500homes that they have home protection contracts on. Insteadthey will be able to use this money to pay for thereimbursem*nt insurance premium and other businessrelated expenses required in Title 31A, Chapter 6a.COMPLIANCE COSTS FOR AFFECTED PERSONS: Those who mightbe affected by this repeal will be insurers (if any) who offerthe reimbursem*nt insurance and the 13 home protectioncompanies doing business in Utah. The business of thereimbursem*nt insurer may increase when this rule is

eliminated if the 13 home protection companies are notalready purchasing reimbursem*nt insurance. It is hard toknow what the impact will be on each home protectioncompany. It will differ according to the amount of businessthey do and the cost of the reimbursem*nt insurance. We donot know the cost of the insurance because we do not knowwhat insurers are offering this insurance. That is why we arehaving the hearing.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: We are unaware of whatthe costs may be if this rule is repealed. The law requireshome protection companies to back their contracts withreimbursem*nt insurance. Since this coverage was notavailable when the rule first went into effect, the rule hasallowed home protection companies to provide the necessarycoverage to their clients with a deposit. The hearing onJanuary 7, 1999, will determine if the reimbursem*ntinsurance is now available. If the rule is repealed there willbe an additional cost to home protection companies who willneed to purchase the reimbursem*nt insurance. Also,money that was deposited to self-insure their homeprotection contracts will then be freed up for other expenses.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

InsuranceAdministration3110 State Office BuildingSalt Lake City, UT 84114, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Jilene Whitby at the above address, by phone at (801) 538-3803, by FAX at (801) 538-3829, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999; OR ATTENDING A PUBLICHEARING SCHEDULED FOR 01/07/1999, 10:00 a.m., State OfficeBuilding (behind the Capitol), Room 3112.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: Jilene Whitby, Information Specialist

R590. Insurance, Administration.[R590-166. Home Protection Service Contract Rule.R590-166-1. Authority.

This rule is issued by the Insurance Commissioner pursuant tothe authority granted under Subsection 31A-2-201(3) to adopt rulesfor the implementation of the Utah Insurance Code and underSubsections 31A-6a-110(1) and (2).

R590-166-2. Purpose and Scope.The purpose of this rule is to establish certain exemptions from

the requirements of Chapter 6a of Title 31A as it relates to homeprotection companies as defined herein.

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NOTICES OF PROPOSED RULES DAR File No. 21724

94 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

R590-166-3. Definition.A. "Home protection service contract," also referred to as commissioner and in a form acceptable to the commissioner. The

"home service contract" or "home warranty," means a service surety bond or letter of credit shall be held for the same purpose ascontract as defined by Subsection 31A-6a-101(3)(a) whereby a the deposit in lieu of which it is filed. No bond or letter of creditperson, other than a builder, seller, or lessor of a home which is the shall be cancelled or subject to cancellation unless at least 30 dayssubject of the contract, undertakes, for a specified period of time advance notice, in writing, thereof is filed with the commissionerand for a predetermined fee, to repair or replace components, and evidence of other security is provided.systems, or appliances of such home upon mechanical or D. The securities, bond or letter of credit of a home protectionoperational failure, or to make indemnification to the holder of such company deposited as required by this rule shall constitute a claimcontract for such repair or replacement. fund to be administered by the commissioner for the benefit of

B. "Home protection company" means a service contract persons sustaining actionable injury due to the insolvency orprovider as defined by 31A-6a-101(5) who issues home protection impairment of the home protection company. The commissionerservice contracts, excluding insurers authorized for casualty may, at his option, seek assumption of an insolvent home protectioninsurance. company’s obligations and business by a solvent company, and

R590-166-4. Rule.A. Upon prior written notification to the commissioner, home E. Any deposit, surety bond or letter of credit shall be

protection companies doing business in this state who are, at the maintained unimpaired as long as the home protection companytime of notification, in compliance with all the terms and provisions continues to do business in this state. Whenever the homeset forth in this rule and are in compliance with all of the terms and protection company ceases to do business in this state and furnishesprovisions of Chapter 6a of Title 31A, except those terms and the commissioner proof that it has discharged or otherwiseprovisions specifically exempted herein, shall be exempt from the adequately provided for all its obligations to its home protectionrequirements of Subsections 31A-6a-103(1), 31A-6a-103(2)(a) and service contract holders in this state, the commissioner shall31A-6a-103 (2)(b) and the requirements of Subsections 31A-6a- authorize release of the deposited securities, surety bond or letter of104(2) and (8); provided, however, that nothing herein shall credit on file at that time.abrogate the requirement that home protection companies filecopies of the service contracts to be used in this state, and anymodifications thereto, and pay filing fees as would otherwise be A. A home protection company electing to be subject to thisrequired pursuant to Subsections 31A-6a-103(2)(a) and (b). So rule shall annually, within 90 days after the close of its fiscal year,long as a home protection company remains in compliance with this file with the commissioner its annual statement in a form prescribedrule, the home protection company’s election to be subject to this by the commissioner. Such annual statement shall include a currentrule shall remain in effect until written notification to the financial statement prepared in accordance with generally acceptedcommissioner by the company of the company’s withdrawal of its accounting principles, reviewed by an independent certified publicelection. Notwithstanding the foregoing, home protection accountant, and verified by the home protection company’scompanies who are doing business in this state prior to the effective president and principal financial or accounting officer.date of this rule and who elect to be subject to this rule as of the B. Each annual statement shall also report the home protectionrule’s effective date shall have until 60 days from the rule’s effective company’s volume of business in this state during the precedingdate to attain compliance with all the terms and provisions of the fiscal year, the losses thereon, open depositories at year end, and arule. statement of assets and liabilities.

B. To assure the faithful performance of its obligations to its C. A home protection company which fails to file its annualcontract holders the home protection company shall deposit in statement in the form and within the time provided in this rule mayaccordance with Section 31A-2-206 an amount not less than be fined $500 for each month, or any part thereof, during which$10,000 for each 500 home protection service contracts in force in such delinquency continues, and upon notice by the commissioner,this state, but not to exceed $100,000. In the event of any failure of its election to be subject to this rule may be suspended or revokedthe home protection company to perform its obligations to its until such delinquency is cured to the satisfaction of thecontract holders, the commissioner may make equitable commissioner.distributions to contract-holders from funds held on deposit. D. In addition to an annual statement, the commissioner may

C. In lieu of the deposit required in paragraph B above, a require of any particular home protection company, in any situationsurety bond or irrevocable letter of credit in favor of the where that home protection company’s ability to service itscommissioner for $50,000 may be filed by the home protection obligations to holders or creditors is in reasonable doubt, suchcompany. When, based on the home protection company’s annual additional regular or special reports as the commissioner may deemreport pursuant to Section 5(A) hereof, the number of home necessary.protection service contracts issued by a protection company then inforce in this state exceeds 2,500, the amount of the surety bond orletter of credit shall be increased to $100,000. The bond shall be If a provision of this rule or the application thereof to anyissued by an insurer authorized to transact surety business in this person or circ*mstance is for any reason held to be invalid, the

state. Any letter of credit shall be from a bank approved by the

apply the insolvent home protection company’s deposit or proceedsof any surety bond or letter of credit to this purpose.

R590-166-5. Annual Statements, Interim Reports.

R590-166-6. Severability.

remainder of the rule and the application of such provisions is noteffected.

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DAR File No. 21725 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 95

KEY: insurance1994 31A-2-201

31A-6a-110]

ñ ñ

R590-170

NOTICE OF PROPOSED RULE(New)

DAR FILE NO.: 21725FILED: 12/01/1998, 15:48

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: Thepurpose of the rule is to set minimum standards that shall befollowed for fiduciary and trust account obligations pursuantto Section 31A-23-310. This rule is written to consolidateexisting Rule R590-135, and the Insurance Department’sBulletins 88-3 and 90-7.

SUMMARY OF THE RULE OR CHANGE: The rule clarifies howlicensees must hold funds in a fiduciary capacity. The mainchange over the current Rule R590-135 and theDepartment’s Bulletins is found in Section R590-170-5,"Maintaining the Trust Account," Subsections R590-170-5(5),R590-170-5(6), and R590-170-5(7), dealing with howcommissions are dispersed from the agent’s trust account.(DAR Note: A proposed repeal of R590-135 is found underDAR No. 21723 in this Bulletin.)

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Sections 31A-2-201, 31A-23-312, and 31A-25-305

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: No impact since there are no additionalfees or fines required as a result of this rule. ïLOCAL GOVERNMENTS: No impact since the regulation ofa*gent trust accounts has always been a state function.ïOTHER PERSONS: This rule does not impact fees or fines onagents, agencies, or companies or create additional work forthem.COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule doesnot impact fees or fines on agents, agencies, or companiesor create additional work for them.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: The repeal of Rule R590-135 and its rewrite as Rule R590-170 will not create anyadditional costs or credits for the state, the citizens of Utah,or those in the insurance industry who are under itsregulatory authority.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

InsuranceAdministration3110 State Office BuildingSalt Lake City, UT 84114, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Jilene Whitby at the above address, by phone at (801) 538-3803, by FAX at (801) 538-3829, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999; OR ATTENDING A PUBLICHEARING SCHEDULED FOR 01/06/1999, 10:00 a.m., State OfficeBuilding (behind the Capitol), Room 1112.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: Jilene Whitby, Information Specialist

R590. Insurance, Administration.R590-170. Fiduciary and Trust Account Obligations.R590-170-l. Authority.

This rule is promulgated by the insurance commissionerpursuant to the authority granted under Subsection 31A-2-201(3)to adopt rules for the implementation of the Utah Insurance Codeand under Subsections 31A-23-312(2)(c) and 31A-25-305(1)authorizing the commissioner to establish by rule, records to be keptby licensees.

R590-170-2. Purpose and Scope.(1) The purpose of this rule is to set minimum standards that

shall be followed for fiduciary and trust account obligationspursuant to Section 31A-23-310. This rule replaces Rule R590-135"Accounting Records Rule," Bulletin 88-3 "FiduciaryResponsibilities," and Bulletin 90-7 "Company Reporting."

(2) This rule applies to all licensees holding funds in afiduciary capacity.

R590-170-3. Definitions.For the purposes of this rule the commissioner adopts the

definitions as set forth in Section 31A-l-301 and the following:(1) "Trust Account" means a checking or savings account

where funds are held in a fiduciary capacity.(2) "Accounts Receivable" means those premiums invoiced by

a licensee and to be collected for an insurer.(3) Accounts Payable" means the premium due insurers that

a licensee is responsible for invoicing and collecting from insuredson behalf of insurers.

R590-170-4. Establishing the Trust Account.(1) All records relating to a trust account shall be identified

with the wording "Trust Account" or words of similar import. Theserecords include checks, bank statements, general ledgers andrecords retained by the bank pertaining to the trust account.

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NOTICES OF PROPOSED RULES DAR File No. 21717

96 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

(2) All trust accounts shall be established with a FederalEmployer Identification Number rather than a Social Security Insurers and their managing general agents shall provide aNumber. written report to the insurance commissioner within 15 days of

(3) A trust account shall be separate and distinct from either of the following:operating and personal accounts, i.e., a separate account number, a (1) If an agent or broker fails to pay an account payable withinseparate account register, and different checks, deposit and 30 days of the due date. This does not apply where a legitimatewithdrawal slips. dispute exists regarding the account payable if the agent or broker

R590-170-5. Maintaining the Trust Account.(1) Funds deposited into a trust account shall only include: (2) If an agent or broker issues a check that when presented at

premiums which may include commissions; return premiums; fees the bank is not honored or is returned because of insufficient funds.paid with premiums; financed premiums; funds held pursuant to athird party administrator contract; funds deposited with a titleinsurance agent in connection with any escrow settlement or If any provision or clause of this rule or its application to anyclosing, amounts necessary to cover bank charges on the trust person or situation is held invalid such invalidity will not affect anyaccount; and interest on the trust account, except as provided under other provision or application of this rule which can be given effectSection 31A-23-307(2)(b). without the invalid provision or application, and to this end the

(2) Disbursem*nts from a trust account shall only include: provisions of this rule are declared to be severable.premiums paid to insurers; return premiums to policyholders;transfer of commissions and fees; funds paid pursuant to a thirdparty administrator contract; funds disbursed by a title insuranceagent in connection with any escrow settlement or closing; and thetransfer of accrued interest.

(3) Personal or business expenses may not be paid from a trustaccount, even ifsufficient commissions exist in the account to coverthese expenses.

(4) Commissions may not be disbursed from a trust accountprior to the beginning of the policy period for which the premiumhas been collected.

(5) Commissions attributed to premiums and fees collectedmust be disbursed from a trust account on a date not later than thefirst business day of the calendar quarter after the end of the policyperiod for which the funds were collected.

(6) Premiums due insurers may not be paid from a trustaccount unless the premiums directly relating to the amount duehave been deposited into the trust account, or unless funds havebeen placed by a licensee into the trust account to financepremiums.

(7) Premiums financed by a licensee must be accounted for asa loan with interest charged at the statutory rate for any loanexceeding 90 days, pursuant to Section 31A-23-304.

R590-170-6. Accounting Records to be Maintained.(1) Bank statements for trust accounts must be reconciled

monthly.(2) An accounts receivable report showing credits and debits

must be maintained and reconciled monthly. This report must list,at a minimum, the account name and the amount and date due foreach receivable. The sum of all receivables must be shown on thereport. Receivables that are over 60 days old and their sums must beshown separately on the report.

(3) An accounts payable report showing the status of eachaccount must be maintained and reconciled monthly.

(4) Adequate records shall be maintained to establishownership of all funds in the trust account, from whom they werereceived and for whom they are held.

(5) All other accounting records relating to the business ofinsurance must be maintained in a manner that facilitates an audittrail.

R590-170-7. Insurer Responsibility.

has properly notified the insurer of any disputed items and hasprovided documentation supporting that position; or

R590-170-8. Severability.

KEY: insurance1999 31A-2-201

31A-23-31231A-25-305

ñ ñ

R657-5

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21717FILED: 12/01/1998, 09:10

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: This ruleis being amended pursuant to Wildlife Board meetingsconducted annually for taking public input and reviewingpermit numbers for bucks, bulls, and once-in-a-lifetime biggame species.

SUMMARY OF THE RULE OR CHANGE: Definitions for "cow bison"and "ram" are being added. The companion huntingprovision is being amended to include elk, whereby a personwho is legally blind or quadriplegic is allowed a companionhunter to take a deer or elk for the person who is blind orquadriplegic. The spotlighting provision is restructured toadd Subsection R657-5-17(1)(b) as an exception to Section23-13-17. Nonresidents who apply for general deer permitsare allowed to apply in a group of up to ten applicants. Thewaiting period provisions are being clarified to include limitedentry landowner and cooperative wildlife management unitspermits, which incur a waiting period as a result of obtainingthose permits, for purposes of applying in the bucks, bullsand once-in-a-lifetime drawing. A person is allowed to apply

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DAR File No. 21717 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 97

for bonus points in lieu of applying for permits in the bucks,bulls and once-in-a-lifetime drawing. Provisions are addedthat require residents to obtain a resident Southern RegionGeneral Deer Voucher before purchasing a residentSouthern Region General Deer Permit. Other changes arebeing made for consistency and clarity.

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Sections 23-14-18 and 23-14-19

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: The Division of Wildlife Resources(DWR) determines that this rule will not create any cost orsavings impact to the state budget or the DWR’s budget.ïLOCAL GOVERNMENTS: None--this filing does not create anydirect cost or savings impact to local governments becausethey are not directly affected by the rule. Nor are localgovernments indirectly impacted because the rule does notcreate a situation requiring services from local governments.ïOTHER PERSONS: No impact--these amendments do notimpose any requirements on persons.COMPLIANCE COSTS FOR AFFECTED PERSONS: No impact--thisrule does not impose any requirements or burdens onpersons.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: This rule does not createan impact on businesses.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING horns five inches or shorter.REGULAR BUSINESS HOURS, AT:

Natural ResourcesWildlife ResourcesSuite 21101594 West North TemplePO Box 146301Salt Lake City, UT 84114-6301, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Debbie Sundell at the above address, by phone at (801) 538-4707, by FAX at (801) 538-4709, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: John Kimball, Director

R657. Natural Resources, Wildlife Resources.R657-5. Taking Big Game.R657-5-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19, theWildlife Board has established this rule for taking deer, elk,pronghorn, moose, bison, bighorn sheep, and Rocky Mountain goat.

(2) Specific dates, areas, methods of take, requirements, andother administrative details which may change annually are

published in the [bucks, bulls and once-in-a-lifetime proclamationand the antlerless addendum to the bucks, bulls and once-in-a-lifetime proclamation]Bucks, Bulls and Once-In-A-LifetimeProclamation and the Antlerless Addendum to the Bucks, Bulls andOnce-In-A-Lifetime Proclamation of the Wildlife Board for takingbig game.

R657-5-2. Definitions.(1) Terms used in this rule are defined in Section 23-13-2.(2) In addition:(a) "Antlerless deer" means a deer without antlers or with

antlers five inches or shorter.(b) "Antlerless elk" means an elk without antlers or with

antlers five inches or shorter.(c) "Antlerless moose" means a moose with antlers shorter

than its ears.(d) "Arrow quiver" means a portable arrow case that

completely encases all edges of the broadheads.(e) "Buck deer" means a deer with antlers longer than five

inches.(f) "Buck pronghorn" means a pronghorn with horns longer

than five inches.(g) "Bull elk" means an elk with antlers longer than five

inches.(h) "Bull moose" means a moose with antlers longer than its

ears.(i) "Cow bison" means a female bison.(j) "Doe pronghorn" means a pronghorn without horns or with

[(j)](k) "Highway" means the entire width between propertylines of every way or place of any nature when any part of it is opento the use of the public as a matter of right for vehicular travel.

[(k)](l) "Hunter’s choice" means either sex may be taken.[(l)](m) "Permit" for purposes of this rule means a secondary

document which:(i) requires a wildlife habitat authorization as a prerequisite to

its issuance; and(ii) grants authority to engage in specific activities under the

Wildlife Resources Code or a rule or proclamation of the WildlifeBoard.

(n) "Ram" means a male desert bighorn sheep or RockyMountain bighorn sheep.

(o)(i)[(m)(i)] "Resident" for purposes of this rule means aperson who:

(A) has been domiciled in the state of Utah for six consecutivemonths immediately preceding the purchase of a license or permit;and

(B) does not claim residency for hunting, fishing, or trappingin any other state or country.

(ii) A Utah resident retains Utah residency if that personleaves this state:

(A) to serve in the armed forces of the United States or forreligious or educational purposes; and

(B) complies with Subsection (m)(i)(B).(iii)(A) A member of the armed forces of the United States

and dependents are residents for the purposes of this chapter as ofthe date the member reports for duty under assigned orders in thestate if the member:

(I) is not on temporary duty in this state; and

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98 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

(II) complies with Subsection (m)(i)(B). (b) purchases a wildlife habitat authorization and the(iv) A copy of the assignment orders must be presented to a appropriate permit and tag;

wildlife division office to verify the member’s qualification as a (c) obtains a certificate of registration from the division; andresident. (d) is accompanied by a companion hunter who has obtained

(v) A nonresident attending an institution of higher learning a wildlife habitat authorization and has completed a divisionin this state as a full-time student may qualify as a resident for approved hunter education course as provided in Section 23-19-11.purposes of this chapter if the student: (2) A person who is legally blind may obtain a certificate of

(A) has been present in this state for 60 consecutive days registration from the division by submitting a signed statement byimmediately preceding the purchase of the license or permit; and a licensed ophthalmologist, optometrist, or physician verifying that

(B) complies with Subsection (m)(i)(B). the applicant:(vi) A Utah resident license or permit is invalid if a resident (a) has no more than 20/200 visual acuity in the better eye

license for hunting, fishing, or trapping is purchased in any other when corrected; orstate or country. (b) has, in the case of better than 20/200 central vision, a

(vii) An absentee landowner paying property tax on land in restriction of the field of vision in the better eye which subtends anUtah does not qualify as a resident. angle of vision 20 degrees or less.

[(n)](p) "Spike bull" means a bull elk which has at least one (3) A person who is quadriplegic may obtain a certificate ofantler having no branching above the ears. Branched means a registration from the division by submitting a signed statement byprojection on an antler longer than one inch, measured from its base a licensed physician verifying that the applicant is quadriplegic.to its tip. (4) The blind or quadriplegic person must be accompanied by

[(o)](q) "Wildlife Habitat Authorization" for purposes of this the companion hunter at the time of kill and while transporting therule means the primary document granting authority to engage in deer or elk.activities under:

(a) the Wildlife Resources Code; or • • • • • • • • • • •(b) a rule or proclamation of the Wildlife Board.

R657-5-3. Wildlife Habitat Authorization, License, Permit, andTag Requirements.

(1) A person may engage in hunting protected wildlife or in (a) any rifle firing centerfire cartridges and expanding bullets;the sale, trade, or barter of protected wildlife or their parts in andaccordance with Section 23-19-1 and the rules or proclamations of (b) a shotgun, 20 gauge or larger, firing only number 4 orthe Wildlife Board. larger buckshot or slug ammunition.

(2) Any license, permit, or tag that is mutilated or otherwisemade illegible is invalid and may not be used for taking or • • • • • • • • • • •[pursuing]possessing big game.

R657-5-4. Age Requirements and Restrictions.(1)(a) [Any resident or nonresident]A person 14 years of age except a muzzleloader hunt, provided:

or older may purchase a wildlife habitat authorization, and permit (a) the minimum bow pull is 40 pounds at the draw or theand tag to hunt big game. A person 13 years of age may purchase peak, whichever comes first; anda wildlife habitat authorization, and permit and tag to hunt big game (b) arrowheads used have two or more sharp cutting edges thatif that person's 14th birthday falls within the calendar year for cannot pass through a 7/8 inch ring.which the wildlife habitat authorization, permit and tag are issued. (2) The following equipment or devices may not be used to

(b) A person must purchase a wildlife habitat authorization take big game:prior to obtaining a permit and tag to hunt big game. (a) a crossbow; except as provided in Section R657-5-[13]15.

(2)(a) A person 15 years of age or younger must be (b) arrows with chemically treated or explosive arrowheads;accompanied by his parent or legal guardian, or other responsible (c) a mechanical device for holding the bow at any incrementperson 21 years of age or older and approved by his parent or of draw; orguardian, while hunting big game with any weapon. (d) a release aid that is not hand held or that supports the draw

(b) As used in this section, "accompanied" means at a distance weight of the bow.within which visual and verbal communication are maintained for (3) Arrows carried in or on a vehicle where a person is ridingthe purposes of advising and assisting. must be in an arrow quiver or a closed case.

• • • • • • • • • • • possess or be in control of a firearm or have a firearm in his camp

R657-5-6. Companion Hunting.(1) A person may take a deer or elk for a person who is legally (i) a person licensed to hunt upland game using a shotgun with

blind or quadriplegic provided the blind or quadriplegic person: shot no larger than 4 during the upland game season;(a) meets hunter education requirements as provided in (ii) a person licensed to hunt big game species during hunts

Section 23-19-11; that coincide with the archery hunt; or

R657-5-11. Rifles and Shotguns.(1) The following rifles and shotguns may be used to take big

game:

R657-5-14. Archery Equipment.(1) Archery equipment may be used during any big game hunt,

(4)(a) A person who has obtained an archery permit may not

or motor vehicle during an archery hunt.(b) The provisions of Subsection (a) do not apply to:

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(iii) livestock owners protecting their livestock. (6) Hunting is closed within a designated portion of the town

R657-5-15. Crossbows.(1)(a) A disabled person who has a permanent, physical

disability may use a crossbow to hunt deer or elk during therespective archery hunt dates provided in the [proclamation]Bucks, (1) [(a) Except as provided in Section 23-13-17,]Except asBulls and Once-In-A-Lifetime Proclamation of the Wildlife Board provided in Section 23-13-17:for taking big game, provided that person: (a) a person may not use or cast the rays of any spotlight,

(i) applies for and obtains a certificate of registration headlight, or other artificial light to locate protected wildlife whileauthorizing the use of a crossbow; and having in possession a firearm or other weapon or device that could

(ii) provides a physician’s statement confirming the disability be used to take or injure protected wildlife; and[.]as defined in Subsection (b). (b) [The]the use of a spotlight or other artificial light in a

(b) "Disabled person" means a person who has a permanent field, woodland, or forest where protected wildlife are generallyphysical impairment due to injury or disease, congenital or found is prima facie evidence of attempting to locate protectedacquired, which renders the person so severely disabled as to be wildlife.unable to use conventional archery equipment. (2) The provisions of this section do not apply to the use of

(2)(a) Any crossbow used to hunt deer must have: headlights or other artificial light in a usual manner where there is(i) a stock that is at least 18 inches long; no attempt or intent to locate protected wildlife.(ii) a minimum draw weight of 125 pounds;(iii) a draw length that is at least 18 inches from the front of

the crossbow to the back of the string in a co*cked position; and (1)(a) A person may not use an airplane or any other airborne(iv) a positive safety mechanism. vehicle or device, or any motorized terrestrial or aquatic vehicle,(b) Arrows or bolts used must be at least 18 inches long and including snowmobiles and other recreational vehicles, except a

must have a broadhead with two or more sharp cutting edges that vessel as provided in Subsection (c), to take protected wildlife.cannot pass through a 7/8 inch ring. (b) A person may not take protected wildlife being chased,

(3) Arrows or bolts carried in or on a vehicle where a person harmed, harassed, rallied, herded, flushed, pursued or moved by anis riding must be in an arrow quiver or a closed case. aircraft or any other vehicle or conveyance listed in Subsection (a).

(4) A co*cked crossbow may not be carried in or on a vehicle. (c) Big game may be taken from a vessel provided:

R657-5-16. Areas With Special Restrictions.(1)(a) Hunting of any wildlife is prohibited within the (iii) the vessel’s progress caused by the motor or sail has

boundaries of all park areas, except those designated by the ceased.Division of Parks and Recreation in Rule R651-603-5. (2)(a) A person may not use any type of aircraft from 48 hours

(b) Hunting with rifles and handguns in park areas designated before [a]any big game hunt begins through 48 hours after [the]anyopen is prohibited within one mile of all park area facilities, big game hunting season ends to:including buildings, camp or picnic sites, overlooks, golf courses, (i) transport a hunter or hunting equipment into a huntingboat ramps, and developed beaches. area;

(c) Hunting with shotguns or archery equipment is prohibited (ii) transport a big game carcass; orwithin one-quarter mile of the areas provided in Subsection (b). (iii) locate, or attempt to observe or locate any protected

(2) Hunting is closed within the boundaries of all national wildlife.parks and monuments unless otherwise provided by the governing (b) Flying slowly at low altitudes, hovering, circling oragency. repeatedly flying over a forest, marsh, field, woodland or rangeland

(3) Hunters obtaining a Utah license, permit or tag to take big where protected wildlife is likely to be found may be used asgame may not be authorized to hunt on Indian reservation and trust evidence of violations of Subsections (1) and (2).lands. Hunters must observe tribal regulations concerning wildlife (3) The provisions of this section do not apply to the operationwhile hunting on Indian reservation and trust lands. of an aircraft in a usual manner, or landings and departures from

(4) Military installations, including Camp Williams, are closed improved airstrips, where there is no attempt or intent to locateto hunting and trespassing unless otherwise authorized. protected wildlife.

(5) In Salt Lake County, a person may not:(a) hunt big game or discharge a shotgun or archery

equipment within 600 feet of a road, house, or any other building; (1)[.] A person may not take big game for another person,or except as provided in Section R657-5-[5.]6.

(b) discharge a rifle, handgun, shotgun firing slug (2) A person may not use the aid of a dog to take, chase, harmammunition, or muzzleloader within one mile of a cabin, house, or or harass big game.other building regularly occupied by people, except west of I-15 amuzzleloader may not be discharged within one-half mile of a • • • • • • • • • • •cabin, house, or other building regularly occupied by people.

of Alta. Hunters may refer to the town of Alta for boundaries andother information.

R657-5-17. Spotlighting.

R657-5-18. Use of Vehicle or Aircraft.

(i) the motor of a motorboat has been completely shut off;(ii) the sails of a sailboat have been furled; and

R657-5-19. Party Hunting and Use of Dogs.

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R657-5-27. Bucks, Bulls, and Once-In-A-Lifetime Application-Deadlines.

(1) A person may obtain only one permit per species of big (b) the highest permit fee of any other permits applied for;game, including premium limited entry, limited entry, cooperative (c) a $5 nonrefundable handling fee for one of the followingwildlife management unit, once-in-a-lifetime, conservation, permits:sportsman, landowner and general permits, except antlerless permits (i) buck deer;as provided in the Antlerless Addendum and Rule R657-42. (ii) bull elk; or

(2) Applications are available from license agents and division (iii) buck pronghorn; andoffices. (d) a $5 nonrefundable handling fee for a once-in-a-lifetime

(3) A resident may apply in the bucks, bulls and once-in-a- permit; andlifetime drawing for the following permits: (e) a $5 nonrefundable handling fee for any nonresident

(a) only one of the following species: general permit applied for; and(i) buck deer - premium limited entry, limited entry and (f) the wildlife habitat authorization fee, if it has not yet been

cooperative wildlife management unit; purchased.(ii) bull elk - limited entry[,] and cooperative wildlife (2)(a) Personal checks, money orders, cashier’s checks and

management unit[ and muzzleloader]; or credit cards are accepted from residents.(iii) buck pronghorn - limited entry and cooperative wildlife (b) Money orders, cashier’s checks and credit cards are

management unit; and accepted from nonresidents. Personal checks are not accepted from(b) only one once-in-a-lifetime permit, including once-in-a- nonresidents.

lifetime cooperative wildlife management unit permits, except as (3)(a) Credit cards must be valid at least 30 days after theprovided in Section R657-5-66(2)(b); and drawing results are posted.

(c) general muzzleloader elk (ML300).[.] (b) If applicants are applying as a group, all fees for all(4) A nonresident may apply in the bucks, bulls and once-in-a- applicants in that group must be charged to one credit card.

lifetime drawing for the following permits: (c) Handling fees are charged [ot]to the credit card when the(a) only one of the following species: application is processed. Permit fees are charged after the drawing,(i) buck deer - premium limited entry and limited entry; if successful.(ii) bull elk - limited entry and muzzleloader; or (4) An application is voidable if the check is returned unpaid(iii) buck pronghorn - limited entry; and from the bank or the credit card is invalid or refused.(b) only one once-in-a-lifetime permit; and(c) general archery, general season or general muzzleloader

buck deer; and (1)(a) Two people may apply together for elk or pronghorn(d) general muzzleloader elk (ML300).[.] permits.(5) A wildlife habitat authorization may be purchased before (b) Up to four people may apply together for premium limited

applying, or the wildlife habitat authorization will be issued to the entry, limited entry and resident cooperative wildlife managementapplicant upon successfully drawing a permit. unit deer permits.

(6)(a) Applications must be mailed by the date prescribed in (c) Up to ten people may apply together for nonresidentthe [proclamation]Bucks, Bulls and Once-In-A-Lifetime general deer permits.Proclamation of the Wildlife Board for taking big game. (2) Applicants must indicate the number of hunters in theApplications filled out incorrectly or received later than the date group by filling in the appropriate box on each application form.prescribed in the [big game proclamation]Bucks, Bulls and Once- (3) Group applicants must submit their applications togetherIn-A-Lifetime Proclamation may be rejected. Late applications will in the same envelope.be returned unopened. (4) Residents and nonresidents may apply together.

(b) If an error is found on an application, the applicant may be (5) When applying as a group:contacted for correction. (a) if one applicant is successful in drawing a permit, then all

(7) Any person who applies for a hunt that occurs on private applicants with valid applications in that group are successful;land is responsible for obtaining written permission from the (b) if the group is rejected due to an error in fees and only onelandowner to access the property. To avoid disappointment and species is applied for, then the entire group is rejected;wasting the permit and fee if access is not obtained, hunters should (c) if the group is rejected due to an error in fees and moreget permission before applying. The division does not guarantee than one species is applied for, the group will be kept in theaccess and does not have the names of landowners where hunts drawing for any species with sufficient fees, using the draw order;occur. or

(8) Only a resident may apply for or obtain a resident permit (d) if one or more members of the group are rejected due to anand only a nonresident may apply for or obtain a nonresident error other than fees, the members with valid applications will bepermit, except as provided in Subsections R657-5-30(4) and R657- kept in the drawing, unless the group indicates on the application5-32(1). that all members are to be rejected.

R657-5-28. Fees for Bucks, Bulls and Once-In-A-LifetimeApplications.

(1) Each application must include: is not corrected during the correction process, the reject box on the

(a) the permit fee for any nonresident general permit appliedfor;

R657-5-29. Applying as a Group.

(i) The applicant whose application is on the top of all theapplications for that group, will be designated the group leader.

(ii) If any group member has an error on their application that

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group leader’s application will determine whether the entire group or limited entry landowner buck deer permit during the precedingis rejected. two years may not apply in the bucks, bulls and once-in-a-lifetime

R657-5-30. Bucks, Bulls and Once-In-A-Lifetime Drawing.(1) Bucks, bulls, and once-in-a-lifetime drawing results are limited entry buck[ or], cooperative wildlife management unit buck

posted at the Lee Kay Center for Hunter Education, Cache Valley or limited entry landowner buck deer permit in the [bigHunter Education Center and division offices on the date published game]bucks, bulls and once-in-a-lifetime drawing, may not applyin the [proclamation]Bucks, Bulls and Once-In-A-Lifetime for any of these permits again for a period of two years.Proclamation of the Wildlife Board for taking big game. (3) A waiting period does not apply to general archery,

(2) Permits are drawn in the order listed in the general season, general muzzleloader, antlerless deer, conservation,[proclamation]Bucks, Bulls and Once-In-A-Lifetime Proclamation sportsman and poaching-reported reward deer permits.of the Wildlife Board for taking big game.

(3) Any person who draws one of the following permits is noteligible to draw a once-in-a-lifetime permit: (1) A person who obtained a limited entry[ or], cooperative

(a) a premium limited entry, limited entry or cooperative wildlife management unit or limited entry landowner bull elk permitwildlife management unit buck deer; during the preceding four years may not apply [for either]in the

(b) a limited entry, cooperative wildlife management unit or bucks, bulls and once-in-a-lifetime drawing for any of these permitsmuzzleloader bull elk; or during the current year.

(c) a limited entry or cooperative wildlife management unit (2) A person who obtains a limited entry[ or], cooperativebuck pronghorn. wildlife management unit or limited entry landowner bull elk permit

(4) If permits remain after all choices have been evaluated in the [big game]bucks, bulls and once-in-a-lifetime drawing, mayseparately for residents and nonresidents, a second evaluation will not apply for [either]any of these permits for a period of five years.be done allowing cross-over usage of remaining resident and (3) A waiting period does not apply to general archery,nonresident permit quotas, except nonresident general deer permits general season, muzzleloader[, ML300] (ML300), antlerless elk,and resident cooperative wildlife management unit permits. conservation, sportsman and poaching-reported reward elk permits.

R657-5-31. Bucks, Bulls and Once-In-A-Lifetime Application R657-5-35. Waiting Periods for Pronghorn.Refunds.

(1)(a) Unsuccessful applicants who applied in the initial preceding four years, may not apply in the bucks, bulls and once-in-drawing and who applied with a check or money order will receive a-lifetime drawing for a buck pronghorn permit during the currenta refund in May. year.

(b) Unsuccessful applicants, who applied for remaining (2) A person who obtains a buck pronghorn[ or], cooperativepermits and who applied with a check or money order, will receive wildlife management unit or limited entry landowner bucka refund in June. pronghorn permit in the [big game]bucks, bulls and once-in-a-

(2) Unsuccessful applicants, who applied with a credit card, lifetime drawing, may not apply for [either]any of these permits forwill not be charged for a permit. a period of five years.

(3)[(2)] The handling fees are nonrefundable. (3) A waiting period does not apply to doe pronghorn,

R657-5-32. Permits Remaining After the Bucks, Bulls andOnce-In-A-Lifetime Drawing.

(1) Permits remaining after the bucks, bulls, and once-in-a- • • • • • • • • • • •lifetime drawing are sold only by mail or on a first-come, first-served basis beginning and ending on the dates provided in the[proclamation]Bucks, Bulls and Once-In-A-Lifetime Proclamation (1) Any person who has obtained a permit for [a]any bullof the Wildlife Board for taking big game. These permits may be moose, bison, Rocky Mountain bighorn sheep, desert bighorn sheeppurchased by either residents or nonresidents, except residents mayor Rocky Mountain goat through the [big game]bucks, bulls andnot purchase nonresident general deer permits and nonresidents mayonce-in-a-lifetime drawing or from a private landowner may notnot purchase resident cooperative wildlife management unitapply for a once-in-a-lifetime permit for the same species in the [bigpermits. game]bucks, bulls and once-in-a-lifetime drawing.

(2) Applications are available from division offices and (2) A person who has been convicted of unlawfully taking alicense agents. once-in-a-lifetime species may not apply for or obtain a permit for

(3) The same application form used for the bucks, bulls and that species.once-in-a-lifetime big game drawing must be used when applyingfor remaining permits by mail. The handling fees arenonrefundable.

R657-5-33. Waiting Periods for Deer.(1) A person who obtained a premium limited entry buck, sold over the counter.

limited entry buck[ or], cooperative wildlife management unit buck

drawing for any of these permits during the current year.(2) A person who obtains a premium limited entry buck,

R657-5-34. Waiting Periods for Elk.

(1) A person who obtained a buck pronghorn permit in the

pronghorn conservation, sportsman and poaching-reported rewardpermits.

R657-5-37. Waiting Periods for Once-in-a-Lifetime Species.

R657-5-38. Waiting Periods for Permits Obtained After theDrawing.

(1) Waiting periods provided in Sections R657-5-33 throughR657-5-36 do not apply to the purchase of the remaining permits

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(2) However, waiting periods are incurred as a result of (e) Group applications will not be accepted when applying forpurchasing remaining permits. Therefore, if a remaining permit is bonus points.purchased in the current year, waiting periods will be in effect when (5)(a) Fifty percent of the permits for each hunt unit andapplying in the drawing in following years. species will be reserved for applicants with bonus.

R657-5-39. Cooperative Wildlife Management Unit Permits andLandowner Permits.

(1) [(a) A waiting period and once-in-a-lifetime status apply species.to]A person who has obtained a cooperative wildlife management (c) If reserved permits remain, the reserved permits will beunit permit incurs the respective waiting period for each species as designated by a random number to eligible applicants with the nextspecified in[permits obtained through the drawing. greatest number of bonus points for each species.

(b) The number of years that applies is the same number of (d) The procedure in Subsection (c) will continue until allyears provided in Sections] R657-5-33 through R657-5-37. reserved permits have been issued or no applications for that species

(2)(a) A waiting period or once-in-a-lifetime status does not remain.apply to purchasing landowner or cooperative wildlife management (e) Any reserved permits remaining and any applicants whounit permits obtained through a landowner, except as provided in were not selected for reserved permits will be returned to theSubsection [R657-5-37(2).](b). general drawing.

(b) Waiting periods are incurred for the purpose of applying [(4)(a)](6)(a) Each applicant receives a random drawingin the bucks, bulls and once-in-a-lifetime drawing as a result of number for:purchasing limited entry landowner and cooperative wildlife (i) each species applied for; andmanagement unit permits obtained through a landowner. (ii) each bonus point for that species.

R657-5-40. Bonus Point System.(1) Bonus points are used to improve odds for drawing Subsection (2)(c), including any permit obtained after the drawing.

permits. [(6)](8) Bonus points are not forfeited if:(2)(a) A bonus point is awarded for: (a) a person is successful in obtaining a conservation permit(i) each valid unsuccessful application when applying for or sportsman permit;

permits in the bucks, bulls and once-in-a-lifetime [big game (b) a person obtains a landowner or a cooperative wildlifedrawing.]drawing; or management unit permit from a landowner; or

(ii) each valid application when applying for bonus points in (c) a person obtains a poaching-reported reward permit.the bucks, bulls and once-in-a-lifetime drawing. [(7) Bonus points are only awarded if a person is unsuccessful

(b) Bonus points are awarded by species. in obtaining a permit through the drawing.(c) Bonus points are awarded for: (8)](9) Bonus points are not transferable.(i) premium limited entry, limited entry and cooperative [(9)](10) Bonus points are averaged and rounded down when

wildlife management unit buck deer; two or more people apply together on a group application.(ii) limited entry and cooperative wildlife management unit [(10)](11) Bonus points are tracked using social security

bull elk; numbers or division-issued hunter identification numbers.(iii) limited entry and cooperative wildlife management unit Applicants who do not include this number or include an incorrect

buck pronghorn; and number on the application will not collect a bonus point.(iv) all once-in-a-lifetime species.(3) [(a)]A person may apply for a bonus point for:(a) only one of the following species: (1) The dates of the general archery buck deer hunt are(i) buck deer - premium limited entry, limited entry and provided in the [proclamation]Bucks, Bulls and Once-In-A-

Cooperative Wildlife Management unit; Lifetime Proclamation of the Wildlife Board for taking big game.(ii) bull elk - limited entry and Cooperative Wildlife (2) A person who has obtained a general archery buck deer

Management unit; or permit may use archery equipment to take:(iii) buck pronghorn - limited entry and Cooperative Wildlife (a) one buck deer within the general hunt area specified on the

Management unit; and permit, except premium limited entry deer, limited entry deer and(b) only one once-in-a-lifetime, including once-in-a-lifetime cooperative wildlife management unit deer areas and specific hunt

Cooperative Wildlife Management unit. [units]areas published in the [proclamation]Bucks, Bulls and Once-(4)(a) A person may not apply in the drawing for both a In-A-Lifetime Proclamation of the Wildlife Board for taking big

premium limited entry or limited entry bonus point and a premium game; orlimited entry or limited entry permit. (b) a deer of hunter’s choice within the [Northern region

(b) A person may not apply in the drawing for a once-in-a- general hunt area]Wasatch Front extended archery area as providedlifetime bonus point and a once-in-a-lifetime permit. in the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the

(c) A person may not apply for a bonus point if that person is Wildlife Board for taking big game; orineligible to apply for a permit for the respective species. (c) a deer of hunter’s choice within the [Wasatch Front or]

(d) A person may only apply for bonus points on the initial Uintah Basin extended archery [areas]area.Bucks, Bulls and Once-In-A-Lifetime drawing.

(b) Based on the applicant’s first choice, the reserved permitswill be designated by a random drawing number to eligibleapplicants with the greatest number of bonus points for each

[(5)](7) Bonus points are forfeited if a person obtains a permitthrough the drawing for that bonus point species as provided in

R657-5-41. General Archery Buck Deer Hunt.

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(3) A person who obtains a general archery buck deer permit (2) A limited entry buck deer permit allows a person using thefor any hunt area may hunt within the Wasatch Front and Uintah prescribed legal weapon, to take one buck deer within the area andBasin extended archery areas. season specified on the permit, except deer cooperative wildlife

(4) A person who has obtained a Northern Region general management units located within the limited entry unit.archery buck deer permit may take a deer of hunter’s choice within (3) A person who has obtained a limited entry buck permitthe Northern Region general hunt area. may not hunt during any other deer hunt or obtain any other deer

(5) A person who has obtained a general archery deer permit permit, except antlerless deer.may not hunt during any other deer hunt or obtain any other deerpermit, except antlerless deer. • • • • • • • • • • •

[(5)](6) Hunter orange fluorescent material must be worn if acenterfire rifle hunt is also in progress in the same area. Archers arecautioned to study rifle hunt tables and identify these areas (1)(a) The dates of the general archery elk hunt are provideddescribed in the [proclamation]Bucks, Bulls and Once-In-A- in the [proclamation]Bucks, Bulls and Once-In-A-LifetimeLifetime Proclamation of the Wildlife Board for taking big game. Proclamation of the Wildlife Board for taking big game.

R657-5-42. General Season Buck Deer Hunt.(1) The dates for the general season buck deer hunt are (2)(a) A general archery elk permit allows a person using

provided in the [proclamation]Bucks, Bulls and Once-In-A- archery equipment to take one elk of hunter's choice in a generalLifetime Proclamation of the Wildlife Board for taking big game. season elk unit, except on elk cooperative wildlife management

(2) A person who has obtained a general season buck permit units.may use any legal weapon to take one buck deer within the hunt (b) On a spike bull elk unit, archers may take an antlerless elkarea specified on the permit, except premium limited entry deer,or a spike bull elk.limited entry deer and cooperative wildlife management unit deer (c) In Salt Lake County south of I-80 and east of I-15, archersareas and specific hunt [units]areas published in the may take an antlerless elk or any bull elk.[proclamation]Bucks, Bulls and Once-In-A-Lifetime Proclamation (3) A person who has obtained an archery elk permit may notof the Wildlife Board for taking big game. hunt during any other elk hunt or obtain any other elk permit,

(3) A person who has obtained a general season buck deer except as provided in Subsection R657-5-50(4).permit may not hunt during any other deer hunt or obtain any other (4) Hunter orange fluorescent material must be worn if adeer permit, except antlerless deer. centerfire rifle hunt is also in progress in the same area. Archers are

R657-5-43. General Muzzleloader Buck Deer Hunt.(1) The dates for the general muzzleloader buck deer hunt are Lifetime Proclamation of the Wildlife Board for taking big game.

provided in the [proclamation]Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board for taking big game.

(2) A person who has obtained a general muzzleloader buck (1) The dates for the general season bull elk hunt are providedpermit may use a muzzleloader to take one buck deer within the in the [proclamation]Bucks, Bulls and Once-In-A-Lifetimegeneral hunt area specified on the permit, except premium limitedProclamation of the Wildlife Board for taking big game withinentry deer, limited entry deer and cooperative wildlife management general season elk units, except in the following [closedunit deer areas and specific hunt [units]areas published in the areas:]areas:[proclamation]Bucks, Bulls and Once-In-A-Lifetime Proclamation [(a) elk cooperative wildlife management units;of the Wildlife Board for taking big game. (b)](a) Salt Lake County south of I-80 and east of I-15[;] is

(3) A person who has obtained a general muzzleloader deer restricted to muzzleloaders and shotguns with slug ammunitionpermit may not hunt during any other deer hunt or obtain any other only;deer permit, except antlerless deer. (b) elk cooperative wildlife management units are closed; and

(4) Hunter orange fluorescent material must be worn if a (c) the San Juan unit east of US-191 is closed.centerfire rifle hunt is also in progress in the same area. (2)(a) General season elk hunters may purchase either a spikeMuzzleloader hunters are cautioned to study the rifle hunt tables to bull permit or an any bull permit.identify these areas described in the [proclamation]Bucks, Bulls and (b) A person who has obtained a general season spike bull elkOnce-In-A-Lifetime Proclamation of the Wildlife Board for taking permit may take a spike bull elk on a general season spike bull elkbig game. unit. Any bull units are closed to spike bull permittees.

R657-5-44. Limited Entry Buck Deer Hunts.(1) To hunt in a premium limited entry or limited entry area, season any bull elk unit. Spike bull units are closed to any bull

hunters must obtain [a]the respective limited entry buck permit. permittees.Limited entry areas are not open to general archery buck, general (3) A person who has obtained a general season bull elkseason buck, or general muzzleloader buck hunting, except as permit may not hunt during any other elk hunt or obtain any otherspecified in the [proclamation]Bucks, Bulls and Once-In-A- elk permit, except as provided in Subsection R657-5-50(4).Lifetime Proclamation of the Wildlife Board for taking big game.

R657-5-46. General Archery Elk Hunt.

(b) The San Juan unit east of U.S. 191 is closed to generalarchery and general season bull elk hunting.

cautioned to study the rifle hunt tables to identify these areasdescribed in the [proclamation]Bucks, Bulls and Once-In-A-

R657-5-47. General Season Bull Elk Hunt.

(c) A person who has obtained a general season any bull elkpermit may take any bull elk, including a spike bull elk on a general

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R657-5-48. General Muzzleloader Elk Hunt.(1) To hunt during the general muzzleloader elk hunt, a hunter not hunt during any other antlerless elk hunt or obtain any other

must obtain a general muzzleloader elk permit. antlerless elk permit, except as provided in Subsection (4).(2) The dates of the general muzzleloader elk hunt are (4)(a) A person who has obtained an antlerless elk permit may

provided in the [proclamation]Bucks, Bulls and Once-In-A- purchase an additional antlerless elk permit beginning on the dateLifetime Proclamation of the Wildlife Board for taking big game published in the [antlerless addendum to thewithin the general season elk units, except in the following closed proclamation]Antlerless Addendum to the Bucks, Bulls and Once-areas: In-A-Lifetime Proclamation of the Wildlife Board for taking big

(a) Salt Lake County south of I-80 and east of I-15; game, if any of these permits are available.(b) elk cooperative wildlife management units; and (b) A person who has obtained an antlerless elk permit may(c) the San Juan unit east of US-191. purchase an any bull or hunter’s choice elk permit beginning on the(3)(a) A person who has obtained a general muzzleloader elk date published in the [antlerless addendum to the

permit may take one elk of hunter’s choice, except a hunter may take proclamation]Antlerless Addendum to the Bucks, Bulls and Once-only a spike bull or an antlerless elk in a spike bull unit. In-A-Lifetime Proclamation of the Wildlife Board for taking big

(b) A person who has obtained a general muzzleloader spike game, if any of these permits are available.bull elk permit may hunt only on a spike bull elk unit and may take (c) A person who has obtained an any bull or hunter’s choiceonly a spike bull elk. Any bull units are closed to spike bull elk permit may purchase an antlerless elk permit beginning on thepermittees. date published in the [antlerless addendum to the

(4) A person who has obtained a general muzzleloader elk proclamation]Antlerless Addendum to the Bucks, Bulls and Once-permit may not hunt during any other elk hunt or obtain any other In-A-Lifetime Proclamation of the Wildlife Board for taking bigelk permit, except as provided in Subsection R657-5-50(4). game, if any of these permits are available.

R657-5-49. Limited Entry Bull Elk Hunt.(1) To hunt in a limited entry bull elk area, a hunter must elk permit may not obtain a spike bull elk permit.

obtain a limited entry elk permit.(2) A person who has obtained a limited entry elk permit may • • • • • • • • • • •

use any legal weapon to take one bull elk within the hunt area andseason specified on the permit, except cooperative wildlifemanagement units located within a limited entry unit. Spike bull (1) To hunt a doe pronghorn, a hunter must obtain a doeelk restrictions do not apply to limited entry elk permittees. pronghorn permit.

(3) A person who has obtained a limited entry bull elk permit (2)(a) A doe pronghorn permit allows a person to take one doemay not hunt during any other elk hunt or obtain any other elk pronghorn using any legal weapon within the area and season aspermit, except as provided in Subsection R657-5-50(4). specified on the permit and in the [antlerless addendum to the

(4)(a) A hunter who draws a limited entry bull elk permit may proclamation]Antlerless Addendum to the Bucks, Bulls and Once-also purchase a permit to hunt using archery equipment beginning In-A-Lifetime Proclamation of the Wildlife Board for taking big15 days prior to the date specified on the limited entry elk permit, game.except in the Panguitch Lake, Mt. Dutton, [Pahvant, (b) A person may not hunt on any cooperative wildlifeFishlake,]Fillmore, Plateau, Monroe, [Indian Peaks,]Southwest management units unless that person obtains an antlerless mooseDesert, Pilot Mountain portion of Box Elder, Beaver and permit for a cooperative wildlife management unit as specified onmuzzleloader (ML300) elk permit [ML300 elk]units. the permit.

(b) If an elk is not taken during this 15 day period, any legal (3) A person who has obtained a doe pronghorn permit mayweapon may be used during the dates specified on the limited entry not hunt during any other pronghorn hunt or obtain any otherbull elk permit. pronghorn permit.

R657-5-50. Antlerless Elk Hunts. R657-5-53. Antlerless Moose Hunts.(1) To hunt an antlerless elk, a hunter must obtain an (1) To hunt an antlerless moose, a hunter must obtain an

antlerless elk permit. antlerless moose permit.(2)(a) An antlerless elk permit allows a person to take one (2)(a) An antlerless moose permit allows a person to take one

antlerless elk using any legal weapon within the area and season as antlerless moose using any legal weapon within the area and seasonspecified on the permit and in the [antlerless addendum to theas specified on the permit and in the [antlerless addendum to theproclamation]Antlerless Addendum to the Bucks, Bulls and Once- proclamation]Antlerless Addendum to the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board for taking big In-A-Lifetime Proclamation of the Wildlife Board for taking biggame. game.

(b) A person may not hunt on any cooperative wildlife (b) A person may not hunt on any cooperative wildlifemanagement units unless that person obtains an antlerless elk management unit unless that person obtains an antlerless moosepermit for a cooperative wildlife management unit as specified on cooperative wildlife management unit as specified on the permit.the permit. (3) A person who has obtained an antlerless moose permit

(3) A person who has obtained an antlerless elk permit may

(d) A person who obtains a spike bull elk permit may notobtain an antlerless elk permit. A person who obtains an antlerless

R657-5-52. Doe Pronghorn Hunts.

may not hunt during any other moose hunt or obtain any othermoose permit.

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DAR File No. 21717 NOTICES OF PROPOSED RULES

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• • • • • • • • • • • (b) antlerless elk;

R657-5-55. Bison Hunts.(1) To hunt bison, a hunter must obtain a bison permit. (3) Nonresidents may apply in the drawing for the following(2) A person who has obtained a bison permit may not obtain permits:

any other bison permit or hunt during any other bison hunt. (a) antlerless deer;(3) The bison permit allows a person using any legal weapon (b) antlerless elk;

to take a bison within the area and season as specified on the (c) doe pronghorn; andpermit. (d) antlerless moose, if permits are available during the current

(4)(a) A mandatory wildlife orientation course for the year.Antelope Island Hunt is held on Antelope Island Park Headquarters. (4) Residents and nonresidents may draw an antlerless permit

(b) The Antelope Island hunt is administered by the Division for each species, except any person who obtained a hunter's choice,of Parks and Recreation. Hunt fees include the handling fee, bull elk, buck pronghorn, or bull moose permit may not apply forpermit, and transportation on the island. Permittees are required to an antlerless elk, doe pronghorn, or antlerless moose permit,use these contract services. Permittees are required to furnish their respectively.own living quarters and food during their stay. (5) Only a resident may apply for or obtain a resident permit

(c) Individuals accompanying the permittee must pay an and only a nonresident may apply for or obtain a nonresidentadditional fee and provide their own reliable four-wheel drive permit, except as provided in Subsections R657-5-61(3) and R657-vehicle. Prior arrangements need to be made through the Division 5-63(1).of Parks and Recreation. (6) A Wildlife Habitat Authorization may be purchased before

(5) An orientation course is required[available] for bison applying, or the Wildlife Habitat Authorization will be issued to thehunters who draw Henry Mountain cow bison permits. Hunters will applicant upon successfully drawing a permit.be notified of the orientation date, time and location. (7)(a) Applications must be mailed by the date prescribed in

• • • • • • • • • • • to the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the

R657-5-58. Depredation Hunter Pool Permits.(1) When deer, elk or pronghorn are causing damage, [antlerless addendum to the proclamation]Antlerless Addendum to

antlerless control hunts not listed in the [proclamation]Bucks, Bulls the Bucks, Bulls and Once-In-A-Lifetime Proclamation of theand Once-In-A-Lifetime Proclamation of the Wildlife Board for Wildlife Board for taking big game may be rejected. Latetaking big game may be held. These hunts occur on short notice, applications may be returned unopened.involve small areas, and are limited to only a few hunters. (b) If an error is found on an application, the applicant may be

(2) Hunters are called from a list of unsuccessful permittees or contacted for correction.other resident hunters who have applied for depredation hunts. (8) Any person who applies for a hunt that occurs on private

(3)(a) Application does not affect eligibility for antlerless or land is responsible for obtaining written permission from theother type hunts. However, hunters who participate in any deer, landowner to access the property. To avoid disappointment andelk, or pronghorn depredation hunt may not possess an additional wasting the permit and fee if access is not obtained, hunters shouldantlerless permit for that species during the same year except asget permission before applying. The division does not guaranteeprovided in Subsection R657-5-50(4). access and does not have the names of landowners where hunts

(b) Hunters with depredation permits for doe pronghorn or occur.antlerless deer and elk may not possess any other permit for thosespecies, except hunters may possess a buck deer permit and a • • • • • • • • • • •depredation antlerless deer permit.

(4) The division may contact hunters to participate in adepredation hunt prior to the general hunt for a given species of big (1) The antlerless drawing results are posted at the Lee Kaygame. Hunters who do not possess an antlerless deer, elk, or Center, Cache Valley Hunter Education Center and division officespronghorn permit may purchase an appropriate permit. on the date published in the [antlerless addendum to the

(5) Applications must be sent to the appropriate regional proclamation]Antlerless Addendum to the Bucks, Bulls and Once-division office for the area requested. In-A-Lifetime Proclamation of the Wildlife Board for taking big

(6) Applications must be received by the date published in the game.[proclamation]Bucks, Bulls and Once-In-A-Lifetime Proclamation (2) Permits are drawn in the order listed in the [antlerlessof the Wildlife Board for taking big game. addendum to the proclamation]Antlerless Addendum to the Bucks,

R657-5-59. Antlerless Application - Deadlines.(1) Applications are available from license agents and division (3) If permits remain after all choices have been evaluated

offices. separately for residents and nonresidents, a second evaluation will(2) Residents may apply in the drawing for the following be done allowing cross-over usage of remaining resident and

permits: nonresident permit quotas.(a) antlerless deer;

(c) doe pronghorn; and(d) antlerless moose.

the [antlerless addendum to the proclamation]Antlerless Addendum

Wildlife Board for taking big game. Applications filled outincorrectly or received later than the date prescribed in the

R657-5-61. Antlerless Big Game Drawing.

Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Boardfor taking big game.

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NOTICES OF PROPOSED RULES DAR File No. 21717

106 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

• • • • • • • • • • • Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife

R657-5-63. Permits Remaining After the Antlerless Drawing.(1) Permits remaining after the antlerless drawing are sold applying, or the wildlife habitat authorization will be issued to the

only by mail or on a first-come, first-served basis as provided in the applicant upon successfully drawing a permit.antlerless addendum, and beginning and ending on the dates (4)(a) Applications must be mailed by the date prescribed inprovided in the [antlerless addendum to the proclamation]Antlerless the addendum to the Bucks, Bulls and Once-In-A-LifetimeAddendum to the Bucks, Bulls and Once-In-A-Lifetime Proclamation or Antlerless Addendum to the Bucks, Bulls andProclamation of the Wildlife Board for taking big game. These Once-In-A-Lifetime Proclamation of the Wildlife Board for takingpermits may be purchased by either residents or nonresidents. big game. Applications filled out incorrectly or received later than

(2) The same application form used for the antlerless drawing the date prescribed in the addendum to the Bucks, Bulls and Once-must be used when applying for remaining permits by mail. The In-A-Lifetime Proclamation or Antlerless Addendum of the Bucks,handling fees are nonrefundable. Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board

(3) Applications are available from division offices and for taking big game may be rejected. Late applications will belicense agents. returned unopened.

R657-5-64. Application Withdrawal.(1) A person may withdraw their application for the bucks, (5) Bonus points will be used in the special hunt drawings to

bulls and once-in-a-lifetime drawing or antlerless drawing by improve odds for drawing permits as provided in Section R657-5-requesting such in writing by the date published in the [antlerless40. However, bonus points will not be awarded for unsuccessfuladdendum to the proclamation]Bucks, Bulls and Once-In-A- applications in the special hunt drawings.Lifetime Proclamation or Antlerless Addendum to the Bucks, Bulls (6) Any person who obtains a special hunt permit is subject toand Once-In-A-Lifetime Proclamation of the Wildlife Board for all rules and regulations provided in this rule, the Bucks, Bulls andtaking big game. Once-In-A-Lifetime Proclamation and Antlerless Addendum to the

(2) The applicant must send their notarized signature with a Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlifestatement requesting that their application be withdrawn to the Salt Board for taking big game, unless otherwise provided in SectionsLake Division office. R657-5-65 through R657-5-70.

(3) A person may not amend a withdrawn application, norreapply after the application has been withdrawn. • • • • • • • • • • •

(4) Handling fees will not be refunded.

R657-5-65. Special Hunts.(1)(a) In the event that wildlife management objectives are not Center, Cache Valley Hunter Education Center and division offices

being met for once-in-a-lifetime, premium limited entry, or limited on the date published in the addendum to the Bucks, Bulls andentry species, the division may recommend that the Wildlife Board Once-In-A-Lifetime Proclamation or Antlerless Addendum to theauthorize a special hunt for a specific species. Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife

(b) The division will only utilize Subsection (1)(a) if the Board for taking big game.Bucks, Bulls and Once-In-A-Lifetime Proclamation and Antlerless (2) If permits remain after all choices have been evaluatedAddendum to the Bucks, Bulls and Once-In-A-Lifetime separately for residents and nonresidents, a second evaluation willProclamation of the Wildlife Board for taking big game has been be done allowing cross-over usage of remaining resident andpublished and the Bucks, Bulls and Once-In-A-Lifetime and nonresident permit quotas.Antlerless drawings have been completed.

(2) The special hunt season dates, areas, number of permits, • • • • • • • • • • •methods of take, requirements and other administrative details shallbe provided in an addendum to the Bucks, Bulls and Once-In-A-Lifetime Proclamation or Antlerless Addendum of the WildlifeBoard for taking big game. (1)(a) A person must obtain a resident Southern Region

(3) Permits will be allocated through a special drawing for the General Deer Voucher before purchasing a resident Southernpertinent species. Region general deer permit.

R657-5-66. Special Hunt Application - Deadlines.(1) Applications are available from license agents and division Southern Region general deer permit. Vouchers are nontransferable

offices. (2)(a) Resident Southern Region General Deer vouchers may(2)(a) Residents and nonresidents may apply. be obtained at any Division satellite office on the date published in(b) Any person who was unsuccessful in the Bucks, Bulls and the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the

Once-In-A-Lifetime or Antlerless drawing may apply. However, Wildlife Board for taking big game.any person who has obtained a permit may not apply, unless (b) A list of Division satellite offices will be available atotherwise provided in this rule and the Bucks, Bulls and Once-In- license agents and Division offices by the date published in theA-Lifetime Proclamation [and]or Antlerless Addendum to the

Board for taking big game.(3) A wildlife habitat authorization may be purchased before

(b) If an error is found on an application, the applicant may becontacted for correction.

R657-5-68. Special Hunt Drawing.(1) The special hunt drawing results are posted at the Lee Kay

R657-5-71. Obtaining Vouchers to Purchase Resident SouthernRegion General Deer Permits.

(b) Only persons who possess a valid resident SouthernRegion General Deer Voucher are eligible to purchase a resident

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DAR File No. 21719 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 107

Bucks, Bulls and Once-In-A-Lifetime Proclamation of the WildlifeBoard for taking big game.

(3) A person may obtain up to four Southern Region GeneralDeer Vouchers by providing the following information for eachperson for whom the person obtains a voucher:

(a) name;(b) address;(c) date of birth; and(d) proof of hunter education, if born after December 31,

1965.(4) Valid resident Southern Region General Deer Vouchers

may be redeemed for a resident Southern Region general deerpermit beginning on the date published in the Bucks, Bulls andOnce-In-A-Lifetime Proclamation of the Wildlife Board for takingbig game.

(5) Duplicate resident Southern Region General DeerVouchers will not be issued. If a voucher is lost, a person mustpurchase their resident Southern Region general deer permit froma Division regional office after computer verification from theDivision that the person obtained a resident Southern RegionGeneral Deer Voucher.

KEY: wildlife, game laws, big game seasons*[October 16, 1998]1999 23-14-18

23-14-1923-16-523-16-6

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R657-38

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21719FILED: 12/01/1998, 09:10

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: This ruleis being amended pursuant to the November 12, 1998,Wildlife Board meeting for the purpose of taking public inputand reviewing the Dedicated Hunter Program.

SUMMARY OF THE RULE OR CHANGE: A person may notparticipate in the dedicated hunter program if that person hasbeen convicted of violations of Title 23, Wildlife ResourcesCode, or any rule or proclamation of the Wildlife Board thatamounted to a felony, a Class A misdemeanor in the last fiveyears, or three or more Class B or Class C misdemeanors inthe past five years, or is currently on wildlife licenserevocation. Certificates of Registration may not be issued toany person after the first week prior to the posting of thebucks, bulls and once-in-a-lifetime drawing. Participants

must complete their service hours by August 1 annually.Other changes are made for consistency and clarity.

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Sections 23-14-18 and 23-14-19

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: The Division of Wildlife Resources(DWR) determines that this rule will not create any cost orsavings impact to the state budget or the DWR’s budget.ïLOCAL GOVERNMENTS: None--this filing does not create anydirect cost or savings impact to local governments becausethey are not directly affected by the rule. Nor are localgovernments indirectly impacted because the rule does notcreate a situation requiring services from local governments.ïOTHER PERSONS: No impact--these amendments do notimpose any requirements on persons.COMPLIANCE COSTS FOR AFFECTED PERSONS: No impact--thisrule does not impose any requirements or burdens onpersons.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: This rule does not createan impact on businesses.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Natural ResourcesWildlife ResourcesSuite 21101594 West North TemplePO Box 146301Salt Lake City, UT 84114-6301, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Debbie Sundell at the above address, by phone at (801) 538-4707, by FAX at (801) 538-4709, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: John Kimball, Director

R657. Natural Resources, Wildlife Resources.R657-38. Dedicated Hunter Program.

• • • • • • • • • • •

R657-38-3. Certificate of Registration Required.(1)[(a)] A person may not participate in the dedicated hunter

program if that person has been convicted of any of the followingviolations of Title 23, Wildlife Resources Code, or any rule orproclamation of the Wildlife Board, or is currently on wildlifelicense revocation:

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (114)

NOTICES OF PROPOSED RULES DAR File No. 21719

108 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

(a) a felony; (i) provide no fewer than eight hours of service by August 1(b) a Class A misdemeanor in the last five years; or annually working on a wildlife project or other division approved(c) three or more Class B or Class C misdemeanors in the past program or activity; or

five years. (ii) pay a fee of $18.75 for each hour not completed.(2)(a) To participate in the program a person must sign and (b) Residents may not substitute more than 16 of the 24 total

obtain a certificate of registration from the division. required service hours. Nonresidents may substitute all of the 24(b) No more than ten thousand certificates of registration for total required service hours.

the program may be in effect at any given time. (c) The division may, upon request, approve a person who is(c) Each participant must provide proof of having attended an physically unable to provide service by working on a wildlife

education course before the division may issue the certificate of project to provide other forms of service.registration for the program. (2) Wildlife projects shall be designed by the division, or any

(d) A certificate of registration to participate in the program other individual or entity and pre-approved by the division.may not be issued to any person after the first week prior to the (3)(a) Wildlife projects may occur anytime during the year asposting of the bucks, bulls and once-in-a-lifetime drawing[ results determined by the division.are posted.]. (b) The division shall publicize the dates, times, locations and

[(2)](3) Each certificate of registration is valid for a three-year description of approved projects and activities at regional offices.period. (4) Participants shall sign up at least two weeks before the

[(3)(a)](4)(a) Any person who is 14 years of age or older may date of the wildlife project or activity by notifying a regionalobtain a certificate of registration. A person 13 years of age may division office.obtain a certificate of registration if the date of that person’s 14th (5) Proof of the number of hours worked shall be provided tobirthday is before the end of the annual muzzleloader season set for the participant.the calendar year in which the certificate of registration is issued. (6) If a participant fails to fulfill the service requirement for

(b) Any person who is 17 years of age or younger before the any year of participation, the participant will not be issued a permitbeginning date of the annual archery deer hunt shall pay the youth for that year. The participant may obtain a permit for subsequentparticipant fees. years upon completion of the service requirements due or payment

(c) Any person who is 18 years of age or older on or before of the fee in lieu thereof.the beginning date of the annual archery deer hunt shall pay the (7) The wildlife project manager shall keep a receipt of alladult participant fees. participants who attend the wildlife project and the number of hours

[(4)](5) A certificate of registration authorizes the participant worked. A copy of the receipt shall be returned by the participantan opportunity to receive annually a permit to hunt during the for record keeping purposes.general archery, general season and general muzzleloader deerhunts. The permit may be used during the dates and within the huntarea boundaries established annually by the Wildlife Board in the (1) Participants may apply for or obtain limited entry andproclamation for taking big game. cooperative wildlife management unit buck deer permits as

[(5)](6) Except as provided in Subsection R657-38-7(8), a provided in Rule R657-5 and the proclamation of the Wildlifeparticipant entering the program may take two deer within three Board for taking big game.years. (2) If the participant is successful in drawing a limited entry

[(6)](7) A participant may take only one deer in any one year, rifle buck deer permit, the participant may use the permit in theexcept as provided in Subsection R657-38-7(8). prescribed area:

[(7)(a)](8)(a) In addition to the certificate of registration, the (a) during the season dates listed on the permit; andparticipant must purchase a wildlife habitat authorization each year. (b) during the dates prescribed for the general archery, general

(b) Lifetime license holders are not required to purchase an season and general muzzleloader hunts.annual wildlife habitat authorization pursuant to Section 23-19-42. (3) The division may exclude multiple season opportunities on

[(8)](9) The certificate of registration must be signed by the specific units due to extenuating circ*mstances on that specific unit.participant and a division representative. The certificate of (4) If the participant is successful in drawing a limited entryregistration is not valid without the required signatures. archery or muzzleloader buck deer permit, the participant may use

[(9)](10) The participant and holder of the certificate of the permit in the prescribed area during the season dates listed onregistration must have a valid permit in possession while hunting. the permit.

[(10)](11) Certificates of registration are not transferable and (5) The permit must be on the person while hunting.expire three years from the date of issuance. (6) Obtaining a limited entry or cooperative wildlife

[(11)](12) Certificates of registration will not be issued to any management unit buck deer permit does not authorize a participantperson who has previously obtained a certificate of registration if to take an additional deer.that person has failed to provide the service requirements or fees. (7) Participants who draw a cooperative wildlife management

• • • • • • • • • • • only during the dates determined by the landowner/operator.

R657-38-6. Wildlife Projects.(1)(a) Each participant in the program shall: addendum]Antlerless Addendum to the proclamation of the

R657-38-7. Obtaining Other Permits.

unit permit may hunt on the cooperative wildlife management unit

(8)(a) Participants may apply for or obtain antlerless deerpermits as provided in Rule R657-5 and the [antlerless

Wildlife Board for taking big game.

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DAR File No. 21720 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 109

(b) Antlerless permits do not count against the number of tagsissued pursuant to this program.

• • • • • • • • • • •

R657-38-11. Revocation.(1) A permit and tag may not be issued to any participant who:(a) does not perform the annual service requirement;(b) does not attend a regional advisory council meeting

pursuant to Subsection R657-38-9(1)(b); or(c) violates the terms of the certificate of registration.(2) The division may revoke or suspend a certificate of

registration as provided in Section 23-19-9.(3) Dedicated hunters are subject to all rules and

proclamations of the Wildlife Board.

KEY: wildlife, hunting, recreation, ethics[January 15, 1998]1999 23-14-18

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R657-42

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21720FILED: 12/01/1998, 09:10

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: This ruleis being amended pursuant to the November 12, 1998,Wildlife Board meeting for the purpose of taking public inputand reviewing this rule.

SUMMARY OF THE RULE OR CHANGE: A person who hasobtained a license, certificate of registration, or permit maysurrender the same prior to the opening season date forwhich the license, certificate of registration, or permit isobtained for the purpose of: a) waiving the waiting periodand reinstating bonus points; or b) purchasing a reallocatedpermit or any other permit available for which the person iseligible. Other provisions are amended for consistency andclarity.

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Sections 23-19-1 and 23-19-38

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: The Division of Wildlife Resources(DWR) charges a handling fee to exchange permits. TheDWR may also issue refunds in accordance with Section 23-

19-38. In addition, the DWR may reallocate surrenderedlimited entry, once-in-a-lifetime, and Cooperative WildlifeManagement Unit permits. Therefore, the results ofexchanging permits, issuing refunds, and reallocating permitsmay create a cost or savings impact to the budget. However,the DWR is unable to determine the number of permits thatwill be exchanged, refunded or reallocated, and therefore,cannot estimate on exact dollar amounts to the costs orsavings impact of this rule.ïLOCAL GOVERNMENTS: None--this filing does not create anydirect cost or savings impact to local governments becausethey are not directly affected by the rule. Nor are localgovernments indirectly impacted because the rule does notcreate a situation requiring services from local governments.ïOTHER PERSONS: No impact--these amendments do notimpose any requirements on persons.COMPLIANCE COSTS FOR AFFECTED PERSONS: No impact--thisrule does not impose any requirements or burdens onpersons.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: This rule does not createan impact on businesses.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Natural ResourcesWildlife ResourcesSuite 21101594 West North TemplePO Box 146301Salt Lake City, UT 84114-6301, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Debbie Sundell at the above address, by phone at (801) 538-4707, by FAX at (801) 538-4709, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: John Kimball, Director

R657. Natural Resources, Wildlife Resources.R657-42. Exchanges, Surrenders, Refunds and Reallocation ofLicenses, Certificates of Registration and Permits.

• • • • • • • • • • •

R657-42-3. Permit Exchanges.(1)(a) Any person who has obtained a general buck deer or a

general bull elk permit may exchange that permit for any otheravailable general permit if both permits are for the same species andsex.

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NOTICES OF PROPOSED RULES DAR File No. 21721

110 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

(b) A person must make general buck deer and general bull (b) The alternate drawing lists are classified as private andelk permit exchanges at any division office prior to the season therefore, protected under the Government Records Accessopening date of the permit to be exchanged. Management Act.

(2) Any person who has obtained a cougar harvest objective (c) The division shall make a reasonable effort to contact theunit permit may exchange that permit for any other available cougar next person on the alternate list by telephone or mail.harvest objective unit permit as provided in Rule R657-10. (d) If the next person, who would have drawn the limited

(3) The division may charge a handling fee for the exchange entry, once-in-a-lifetime or public Cooperative Wildlifeof a permit. Management Unit permit, does not accept the permit or the division

R657-42-4. Surrender of Licenses, Certificates of Registrationand Permits.

(1) Any person who has obtained a license, certificate of (4) If the next person, who would have drawn the limitedregistration or permit and decides not to use it, may surrender the entry, once-in-a-lifetime or public Cooperative Wildlifelicense, certificate of registration or permit to any division office. Management Unit permit has obtained a permit, that person may be

(2) [If]Any person who has obtained a license, certificate of required to surrender the previously obtained permit in accordanceregistration or permit [is surrendered prior to the season date with Section R657-42-4(2) and any other applicable rules andof]may surrender the license, certificate of registration or permit[, proclamations of the Wildlife Board.the division shall waive] prior to the season opening date of the (5) Any private Cooperative Wildlife Management Unitlicense, certificate of registration or permit for the purpose of: permit surrendered to the division will be reallocated by the

(a) waiving the waiting period normally assessed and landowner through a voucher, issued to the landowner by thereinstating the number of bonus points, if applicable[, shall be Division in accordance with Rule R657-37.reinstated.]; or

(b) purchasing a reallocated permit or any other permitavailable for which the person is eligible. (1) Any person who accepts the offered reallocated permit

(3) A Cooperative Wildlife Management Unit permit must be must pay the applicable permit fee.surrendered before the following dates: (2) The division may not issue a refund, except as provided in

(a) [September 1 for general buck deer, general bull elk, Section R657-42-5.pronghorn, and moose;]the opening date for the respective generalarchery season for buck deer, bull elk or spike bull elk;

[(b) the opening of the general archery deer season for archerybuck deer and archery bull elk;](b) September 1 for pronghorn andmoose;

[(c) September 1 for muzzleloader deer and elk seasons;(d) August 15 for antlerless elk seasons;(e)](c) August 15 for antlerless deer [seasons]and elk;[(f)](d) prior to the applicable season date for small game and

waterfowl; and[(g)](e) prior to the applicable season date of any variance

approved by the Wildlife Board in accordance with Rules R657-21and R657-37.

(4) Dedicated hunter participants must surrender their permitsprior to the general archery deer season.

(5) The division may not issue a refund, except as provided inSection R657-42-5.

• • • • • • • • • • •

R657-42-6. Reallocation of Permits.(1)(a) The division may reallocate surrendered limited entry,

once-in-a-lifetime and Cooperative Wildlife Management Unitpermits.

(b) The division shall not reallocate resident and nonresidentbig game general permits.

(2) Permits shall be reallocated through the Salt Lake Divisionoffice.

(3)(a) Any limited entry, once-in-a-lifetime or publicCooperative Wildlife Management Unit permit surrendered to thedivision shall be reallocated through the drawing process bycontacting the next person listed on the alternate drawing list.

is unable to contact that person, the reallocation process willcontinue until the division has reallocated the permit or the seasonopens for that permit.

R657-42-7. Reallocated Permit Cost.

KEY: wildlife, permits[August 19, 1998]1999 23-19-1

23-19-38

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R657-43

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21721FILED: 12/01/1998, 09:10

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: This ruleis being amended pursuant to the November 12, 1998,Wildlife Board meeting for the purpose of taking public inputand reviewing this rule.

SUMMARY OF THE RULE OR CHANGE: This amendment allowsprivate landowners to obtain landowner permits for takingbuck deer within the general regional hunt boundary areawhere the landowner’s property is located during the generaldeer hunt only. Other provisions are amended forconsistency and clarity.

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DAR File No. 21721 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 111

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Sections 23-14-18 and 23-14-19

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: The Division of Wildlife Resources(DWR) determines that this rule will not create any cost orsavings impact to the state budget or the DWR’s budget.ïLOCAL GOVERNMENTS: None--this filing does not create anydirect cost or savings impact to local governments becausethey are not directly affected by the rule. Nor are localgovernments indirectly impacted because the rule does notcreate a situation requiring services from local governments.ïOTHER PERSONS: No impact--these amendments do notimpose any requirements on persons.COMPLIANCE COSTS FOR AFFECTED PERSONS: No impact--thisrule does not impose any requirements or burdens onpersons.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: This rule does not createan impact on businesses.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Natural ResourcesWildlife ResourcesSuite 21101594 West North TemplePO Box 146301Salt Lake City, UT 84114-6301, or 59-2-503 and 59-2-504; andat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Debbie Sundell at the above address, by phone at (801) 538-4707, by FAX at (801) 538-4709, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: John Kimball, Director

R657. Natural Resources, Wildlife Resources.R657-43. Landowner Permits.R657-43-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19, thisrule provides the standards and procedures for private landownersto obtain landowner permits for:

(a) taking buck deer [in the Southern region for the1998]within the general regional hunt boundary area where thelandowner’s property is located during the general deer hunt only;and

(b) taking bull elk, buck deer or buck pronghorn within alimited entry unit.

(2) In addition to this rule, any person who receives alandowner permit must abide by Rule R657-5 and the proclamationof the Wildlife Board for taking big game.

(3) The intent of the general landowner deer permit is toprovide an opportunity for landowners or their immediate family,whose property provides [valuable ]habitat for deer, to hunt deerduring the general deer hunt[. The general landowner buck deerpermits will be available for the Southern region only.] within thegeneral regional hunt boundary area where the landowner’s propertyis located.

(4) The intent of the limited entry landowner permit is toprovide an opportunity for landowners to be allocated a restrictednumber of permits for a specific unit. Allowing landowners arestricted number of permits:

(a) encourages landowners to manage their land for wildlife;(b) compensates the landowner for providing private land as

habitat for wildlife; and(c) allows the Division to increase big game numbers on

specific units.

R657-43-2. Definitions.(1) Terms used in this rule are defined in Section 23-13-2.(2) In addition:(a) "Eligible property" means:(i) private land that provides [valuable ]habitat for deer, elk or

pronghorn as determined by the Division of Wildlife Resources;(ii) land in agricultural use as provided in Section 59-2-502

and eligible for agricultural use valuation as provided in Sections

(iii) a minimum of 640 acres or more of private non-croplandowned by one landowner within the designated region for generaldeer permits; or

(iv) private land, including crop land owned by members ofa landowner association for limited entry permits.

(b) "Landowner" means any individual, family, or corporationwho owns property in Utah and whose name appears on a deed asthe owner of eligible property or whose name appears as thepurchaser on a contract for sale of eligible property.

(c) "Landowner association" means an organization of privatelandowners who own property within a limited entry unit, organizedfor the purpose of working with the Division.

(d) "Lessee" means any person, partnership, or corporationwhose name appears as the Lessee on a written lease, for at least aone-year period, for eligible property used for farming or ranchingpurposes, and who is in actual physical control of the eligibleproperty.

(e) "Limited entry unit" means a specified geographical areathat is closed to hunting deer, elk or pronghorn to any person whohas not obtained a valid permit to hunt in that unit.

(f) "Immediate family" means the landowner’s spouse,children, father, mother, brother, sister, stepchildren, andgrandchildren.

(g) "Voucher" means a document issued by the Division to alandowner, landowner association, or Cooperative WildlifeManagement Unit operator, allowing a landowner, landownerassociation, or Cooperative Wildlife Management Unit operator todesignate who may purchase a landowner big game hunting permitfrom a Division office.

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NOTICES OF PROPOSED RULES DAR File No. 21708

112 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

R657-43-3. Qualifications for General Permits.(1) The director, upon approval of the Wildlife Board, may buck deer within the [Southern region]respective general regional

establish a number of buck deer permits within the [southern hunt boundary area during any one year.region]general regional hunt boundary area where the landowner’s (7) A general landowner permit authorizes the permittee toproperty is located to be offered to eligible landowners for the hunt within the [Southern region]respective general regional hunt[1998 ]general deer hunting season only. boundary area, where the eligible property is located.

(2) Only private lands will be considered for general (8) The fee for a general landowner permit is the same as thelandowner permits. Public or state lands are not eligible. fee for a general season, general archery or general muzzleloader

(3) General landowner permits are limited to resident or buck deer permit.nonresident landowners, corporations, lessees, and members of theirimmediate family that own land in Utah. • • • • • • • • • • •

• • • • • • • • • • •

R657-43-5. Application for General Permits. 23-14-19(1) Applications for general landowner permits are available

from Division offices.(2) Only one representative landowner may submit an

application for lands within the [Southern region]respective generalregional hunt boundary area that qualify for general landownerpermits.

(3) In cases where more than one application is received forthe same parcel of land, all applications will be rejected.

(4) Applications must include:(a) total acres owned within the [Southern region]respective

general regional hunt boundary area;(b) signature of the landowner; and(c) location of the private lands, acres owned, county and

region.(5) A $5 non-refundable handling fee must accompany each

application.(6) Applications will be available by January 7.(7) Applications must be completed and returned to the

regional Division office by [May 8.]the date published in the Bucks,Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board.

(8) Signature on the application will serve as an affidavitcertifying ownership.

• • • • • • • • • • •

R657-43-7. General Permits and Season Dates.(1) The following number of general permits may be available

to a landowner:(a) one general permit may be issued for eligible property of

640 acres; and(b) one additional general permit may be issued for eligible

property for each additional 640 acres.(2) General permits issued to landowners shall be included in

the total hunt area allocation.(3) Permittees may select only one general permit (archery,

rifle or muzzleloader) as provided in the proclamation of theWildlife Board for taking big game.

(4) General landowner permits are for landowner use only andmay not be transferred.

(5) Any person who is issued a general landowner permit mustfollow season dates, weapon restrictions and any other regulationsas provided in the proclamation of the Wildlife Board for taking biggame.

(6) A general landowner permit holder may take only one

KEY: wildlife, landowner permits*, big game seasons*[March 18, 1998]1999 23-14-18

ñ ñ

R710-1

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21708FILED: 11/30/1998, 11:10

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: The UtahFire Prevention Board proposes to complete some smallcorrections to the existing rule. When this rule was lastamended on September 1, 1998, three small changes thatshould have been made then were overlooked. It is nowproposed to complete what should have been completed atthe last substantive amendment.

SUMMARY OF THE RULE OR CHANGE: On November 19, 1998,the Utah Fire Prevention Board met and addressed thefollowing corrections: (1) updating Subsection R710-1-3(21)(a)(14) to the currently enacted and incorporated 1998edition of the National Fire Protection Association (NFPA),Standard 10, Standard for Portable Fire Extinguishers. Thisupdate was overlooked when the last amendment wascompleted and the 1998 edition of NFPA 10 became theincorporated reference; (2) updating Subsection R710-1-6(8)to properly reflect the usage of verification of service collars.The usage of internal pickup tube labels or markings is nolonger used, being now replaced with an external collarcalled a verification of service collar. This correction shouldhave been made when NFPA 10, 1998 edition, was adoptedon September 1, 1998; (3) updating Subsection R710-1-9(2)(f) to properly reflect the usage of the verification ofservice collar on the valve assembly and the elimination ofthe internal tag or marking.

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DAR File No. 21708 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 113

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Section 53-7-204

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: There would be a small anticipated costto the state budget for our office to reprint a new rule with thecorrections and send them to all concerned. The anticipatedcost would be about $50.ïLOCAL GOVERNMENTS: There would be no anticipated costor savings to local government because the proposedamendments in this rule are corrective in nature only.ïOTHER PERSONS: There would be no anticipated cost orsavings to any other persons because the proposedamendments in this rule are corrective in nature only.COMPLIANCE COSTS FOR AFFECTED PERSONS: There would beno compliance cost for affected persons from the amendmentof this rule. The proposed amendments are correctiveamendments now required and overlooked at the lastamendment that became effective September 1, 1998.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: There is no fiscal impactto businesses from the proposed amendment of this rule.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Public SafetyFire MarshalSuite 3025272 South College Drive annual basis, and consent to inspect will be obtained.Murray, UT 84123-2611, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Brent R. Halladay at the above address, by phone at (801)284-6350, by FAX at (801) 284-6351, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: Brent R. Halladay, Chief Deputy State FireMarshal

R710. Public Safety, Fire Marshal.R710-1. Concerns Servicing Portable Fire Extinguishers.

• • • • • • • • • • •

R710-1-3. Licensing.3.0 License Required.No person or concern shall engage in the servicing of portable

fire extinguishers without a license issued by the SFM, pursuant tothese rules, expressly authorizing such concern to perform suchacts.

3.1 Application.(a) Application for a license to engage in the business of, or

perform the servicing of portable fire extinguishers, shall be madein writing to the SFM on forms provided by the SFM. A separateapplication for license shall be made for each separate place orbusiness location of the /applicant (branch office).

(b) As of January 1, 1999, the application for a license toengage in the business of, or perform the servicing of portable fireextinguishers, shall be accompanied with proof of public liabilityinsurance. The public liability insurance shall be issued by a publicliability insurance carrier showing coverage of at least $100,000 foreach incident, and $300,000 in total coverage. The licensee shallnotify the SFM within thirty days after the public liability insurancecoverage required is no longer in effect for any reason.

3.2 Signature of Application.The application shall be signed by the applicant. If the

application is made by a partnership, it shall be signed by allpartners. If the application is made by a corporation or associationother than a partnership, it shall be signed by a principal officer.

3.3 Equipment Inspection.The applicant shall allow the SFM, and any of his properly

authorized deputies to enter, examine, and inspect any premise,building, room, establishment, or vehicle, used by the applicant inservicing portable fire extinguishers to determine compliance withthe provisions of these rules. The inspection will be conductedduring normal business hours, and the owner or manager will begiven a minimum of 24 hours notice before the appointedinspection. The equipment inspection may be conducted on an

3.4 Issuance.Following receipt of the properly completed application, and

compliance with the provision of the statute and these rules, theSFM shall issue a license.

3.5 Original, Valid Date.Original licenses shall be valid from the date of issuance

through December 31st of the year in which issued. Thereafter,each license shall be renewed annually and renewals thereof shallbe valid from January 1st through December 31st. Original licensespurchased after July 1st and up to November 1st can be purchasedone time, at a one-half year fee. Licenses issued on or afterNovember 1st will be valid through December 31st of the followingyear.

3.6 Renewal, Valid Date.Application for renewal shall be made before January 1st of

each year. Application for renewal shall be made in writing, onforms provided by the SFM.

3.7 Refusal to Renew.The SFM may refuse to renew any license in the same manner,

and for any reason, that he is authorized, pursuant to Section 10 ofthese rules to deny a license. The applicant shall, upon such refusal,have the same rights as are granted by Section 10 of these rules toan applicant for an original license which has been denied by theSFM.

3.8 Change of Address.Every licensee shall notify the SFM, in writing, within thirty

(30) days, of any change of his address or location.3.9 Under Another Name.No licensee shall conduct his licensed business under a name

other than the name or names which appears on his license.

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114 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

3.10 List of Licensed Concerns. (b) No license shall constitute authorization for any licensee,The SFM shall make available, upon request and without cost, or any of his employees, to enforce any provision, or provisions, of

to the chief fire official of each local fire authority, the name, this rule, or the Uniform Fire Code.address, and license number of each concern that is licensed 3.19 Non-Transferable.pursuant to these rules. Upon request, single copies of such list No license issued pursuant to this section shall be transferredshall be furnished, without cost, to a licensed concern. from one concern to another.

3.11 Inspection. 3.20 Registration Number.The holder of any license shall submit such license for (a) Every license shall be identified by a number, delineated

inspection upon request of the SFM, or any of his properly as E-(number). Such number may be transferred from one concernauthorized deputies, or any local fire official. to another only when approved by the SFM.

3.12 SFM Notification and Certification of Registration. 3.21 Minimum Materials and Equipment Required.Every licensed concern shall, within thirty (30) days of At each business location or vehicle of the applicant where

employment, and within thirty (30) days of termination of any servicing work is performed the following minimum material andemployee, report to the SFM, the name, address, and certificate of equipment requirements shall be maintained:registration number, of every person performing any act of servicing (a) Type 4 license:portable fire extinguishers for such licensed concern in writing. (1) Nitrogen tank.

3.13 Type. (2) Nitrogen regulator and hose assembly.(a) Every license shall be identified by type. The type of (3) Minimum of twelve (12) recharge adapters.

license shall be determined on the basis of the act or acts performed (4) Valve cleaning brush.by the licensee or by any of the employees. Every licensed concern (5) Scoop.shall be staffed by qualified personnel, and shall be properly (6) Funnel for A:B:C.equipped to perform the act or acts for the type of license issued. (7) Funnel for B:C.

(b) Licenses shall authorize any one, or any combination of (8) A closed receptacle for dry chemical.the following types of activities: (9) Fifty pound scale.

(1) Type 1 - Conducting of all activities, as per (2), (3), and (10) A scale for cartridges.(4) below, or (11) ’O’ Ring lubricant.

(2) Type 2 - Conducting hydrostatic tests of fire extinguisher (12) Tag hole Punch.cylinders that are listed and marked in conformance with the United (13) Approved seals maximum fourteen (14) pound breakStates Department of Transportation (I.C.C.) rules, or strength.

(3) Type 3 - Conducting hydrostatic tests of dry chemical, (14) A copy of NFPA Standard 10 ([1994]1998 Edition),halon, water, and water chemical type fire extinguishers, or statute, and these rules.

(4) Type 4 - Servicing and maintaining all types of (15) Minimum parts:extinguishers, excluding hydrostatic testing. (A) A supply of O rings needed for standard service.

(c) No licensed concern shall be prohibited from taking orders (B) A supply of valve stems for standard service.for the performance of any act or acts for which the concern has not (C) A supply of nozzles for standard extinguishers.been licensed to perform. Such orders shall be consigned to another (D) Pressure gauges for extinguisher types: 100, 150, 175,licensed concern that is authorized to perform such act or acts. 195, 240 lbs.

3.14 Examination. (E) Carry handles and replacement handles for extinguishers.Every person who performs any act or acts within the scope of (F) Rivets or steel roll pins for handles and levers.

the license shall pass an examination in accordance with the (G) Dry chemical cartridges as required by manufactureprovisions of section 4 of these rules. specifications, to include 4 lb., 10 lb., 20 lb. and 30 lb.

3.15 Duplicate License. (H) Inspection light for cylinders.A duplicate license may be issued by the SFM to replace any (I) A variety of pull pins to secure handle.

previously issued license, which has been lost or destroyed, upon (J) Carbon Dioxide continuity tester for hoses.the submission of a written statement from the licensee to the SFM. (K) Halon closed recovery system.Such statement shall attest to the fact that the license has been lost (b) Type 3 License:or destroyed. (1) Approved testing pump.

3.16 Employer Responsibility. (2) Test cage or suitable safety barrier.Every concern shall be responsible for the acts of its employees (3) Approved hydro test labels.

insofar as such acts apply to the marketing, sale, distribution, and (4) Hydrostatic test adapters or approved equal.servicing of any portable fire extinguisher. (5) Heater which produces a heated air or dry air for drying

3.17 Minimum Age. cylinders, or other approved dryer not to exceed 150 degrees Far.No license shall be issued to any person as licensee who is (66 degrees C).

under eighteen (18) years of age. (c) Type 2 License:3.18 Restrictive Use. Current registration number from the Department of(a) No license shall constitute authorization for any licensee, Transportation, verifying the concern as a qualified cylinder

or any of his employees, to enter upon, or into, any property or requalification facility under the provision of Section 173.34 ofbuilding other than by consent of the owner or manager. Title 49, Code of Federal Regulations, 49 CFR shall be maintained

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DAR File No. 21708 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 115

for all concerns holding a type 1 or 2 license. A copy of the A new service tag shall be attached to the extinguisher eachcertification letter must be submitted to the SFM. time a service is performed.

(d) Type 1 License: 6.7 Tag Wording.All of the equipment, provisions, and numbers as required in The following wording shall be placed at the top or reinforced

License types 2, 3, and 4 shall be required for a Type 1 License. ring end of every tag: "DO NOT REMOVE, BY ORDER OF THE3.22 Records. STATE FIRE MARSHAL".Accurate records shall be maintained for five years back by the 6.8 Removal.

licensee of all service work performed. These records shall include No person or persons shall remove a service tag, hydrostaticthe name and address of all servicing locations, and the date and test tag or label, 6 year maintenance service[ing] tag or label, orname of the person performing the work. These records shall be [internal pick-up tube label or marking]verification of servicemade available to the SFM, or authorized deputies, upon request. collar, except when further service is performed. No person or

• • • • • • • • • • • test tag or label, 6 year maintenance service[ing] tag or label, or

R710-1-6. Service Tags.6.1 Size and Color. extinguisher.Tags shall be not more than five and one-half inches (5-1/2") 6.9 Restrictive Use.

in height, nor less than four and one-half inches (4-1/2") in height, (a) Portable fire extinguishers which do not conform with theand not more than three inches (3") in width, nor less than two and minimum rules, shall be permanently removed from service, andone-half inches (2-1/2") in width. shall not be tagged.

6.2 Attaching Tag. (b) Any extinguisher which fails a hydrostatic test shall beOne service tag shall be attached to each portable fire condemned, and so stamped or etched into the cylinder or shell.

extinguisher in such a position as to be conveniently inspected. (c) Extinguishers, other than one which has failed a6.3 Tag Information. hydrostatic test, may be provided with a tag stating the extinguisher(a) Service tags shall bear the following information: is "Condemned" or "Rejected". Such tags shall be red in color, and(1) Provisions of Section 6.7. shall be not less, in size, than that of an approved service tag.(2) Type of license. (d) Service tags shall only be placed on portable fire(3) Approved Seal of Registration of the SFM. extinguishers and wheeled units as allowed in these rules.(4) License registration "E" number.(5) Certificate of registration "EE" number of individual who • • • • • • • • • • •

performed or supervised the service or services performed.(6) Signature of individual whose certificate of registration

number appears on the tag. 9.1 All adjudicative proceedings performed by the agency(7) Concern's name. shall proceed informally as authorized by UCA, Sections 63-46b-4(8) Concern's address. and 63-46b-5.(9) Type of service performed. 9.2 The issuance, renewal, or continued validity of a license(10) Type of extinguisher serviced. or certificate of registration may be denied, suspended, or revoked,(11) Date service is performed. if the SFM finds that the applicant, person employed for, or the(b) The above information shall appear on one side of the person having authority and management of a concern servicing

service tag. All other desired printing or information shall be portable fire extinguishers commits any of the following violations:placed on the reverse side of the tag. (a) The person or applicant is not the real person in interest.

6.4 Legibility. (b) Material misrepresentation or false statement in the(a) The certificate of registration number required in Section application.

6.3(5), and the signature required in Section 6.3(6), shall be printed (c) Refusal to allow inspection by the SFM, or his dulyor written distinctly. authorized deputies.

(b) All information pertaining to date, type of servicing, and (d) The person or applicant for a license or certificate oftype of extinguisher serviced shall be indicated on the card by registration does not have the proper facilities and equipment, toperforations in the appropriate space provided. Each perforation conduct the operations for which application is made.shall clearly indicate the desired information. (e) The person or applicant for a certificate of registration

6.5 Format. does not possess the qualifications of skill or competence toSubject to the use requirements of Section 6.4, the following conduct the operations for which application is made, as evidenced

format shall be used for all service tags: by failure to pass the examination and practical tests pursuant toEXAMPLE OF SERVICE TAG Section 4.19 of these rules.Exception: Service tags may be printed or otherwise (f) The person or applicant fails to place [an internal tag or

established for any number of years not in excess of five (5) years. marking, on the pick-up tube]a verification of service collar on theILLUSTRATION ON FILE IN STATE FIRE MARSHAL'S valve assembly of any pressurized dry chemical extinguisher whenOFFICE the following occurs:

6.6 New Tag. (i) re-charge;

persons shall deface, modify, or alter any service tag, hydrostatic

[internal pick-up tube label attached to, or]verification of servicecollar that is required to be attached to any portable fire

R710-1-9. Adjudicative Proceedings.

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NOTICES OF PROPOSED RULES DAR File No. 21709

116 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

(ii) 6 year maintenance; or(iii) hydrostatic testing.(g) The person or applicant refuses to take the examination

required by Section 4.3 and Section 3.14 of these rules.(h) The person or applicant has been convicted of any of the

following:(i) a violation of the provisions of these rules;(ii) a crime of violence or theft; or(iii) any crime that bears upon the person or applicant’s ability

to perform their functions and duties.(i) The person servicing portable fire extinguishers does not

maintain adequate facilities, equipment, or knowledge, to conductoperations as required in the manufacturer’s instructions, statute,and rules.

(j) The person or applicant is involved in conduct which couldbe considered criminal, although such conduct did not result in thefiling of criminal charges against the person, but where the evidenceshows that the criminal act did occur, that the person committed theact, and that the burden by a preponderance of evidence could beestablished.

9.3 A person whose license or certificate of registration issuspended or revoked by the SFM shall have an opportunity for ahearing before the Board if requested by that person within 20 daysafter receiving notice.

9.4 All adjudicative proceedings, other than criminalprosecution, taken by the SFM to enforce the Utah Fire Preventionand Safety Act, and these rules, shall commence in accordance withUCA, Section 63-46b-3.

9.5 The Board shall act as the hearing authority, and shallconvene after timely notice to all parties involved. The Board shallbe the final authority on the suspension or revocation of a licenseor certificate of registration.

9.6 The Board shall direct the SFM to issue a signed order tothe parties involved giving the decision of the Board within areasonable time of the hearing pursuant to UCA, Section 63-46b-5(i).

9.7 Reconsideration of the Board decision may be requestedin writing within 20 days of the date of the decision pursuant toUCA, Section 63-46b-13.

9.8 After a period of three years from the date of revocation,the Board shall review the submitted written application of a personwhose license or certificate of registration has been revoked. Aftertimely notice to all parties involved, the Board shall convene toreview the revoked persons application, and that person shall beallowed to present themselves and their case before the Board.After the hearing, the Board shall direct the SFM to allow theperson to complete the licensing or certification process or shalldirect that the revocation be continued.

9.9 Judicial review of all final Board actions resulting frominformal adjudicative proceedings shall be conducted pursuant toUCA, Section 63-46b-15.

• • • • • • • • • • •

KEY: fire prevention, extinguishers[September 1, 1998]January 15, 1999 53-7-204

ñ ñ

R710-3

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21709FILED: 11/30/1998, 11:10

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: The UtahFire Prevention Board proposes to add an amendment toR710-3, "Assisted Living Facilities," which better defines thehousing of residents in Type I Limited Capacity AssistedLiving Facilities in split-entry/split-level homes.

SUMMARY OF THE RULE OR CHANGE: On November 19, 1998,the Utah Fire Prevention Board met and addressed anamendment to Subsection R710-3-3(2)(3). This amendmentdefines a concern generated from split-entry/split-levelhomes that are not set into the ground far enough for thelower level to qualify as a basem*nt. This will now designateto the Authority Having Jurisdiction the ability to allow theAssisted Living Facility operator to house residents on bothlevels if the home qualifies to this new amendment.

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Section 53-7-204

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: There will be a very minimal cost to thestate to reprint the changed rule, R710-3, and redistributethis rule to those who are affected by the rule change. Theaggregate cost would be estimated at approximately $50.ïLOCAL GOVERNMENTS: There is no anticipated cost orsavings to local government because the amendment onlyassists local government in clarifying the first level.ïOTHER PERSONS: There is an anticipated savings to theAssisted Living operators in Type I Limited CapacityFacilities, to now be allowed to house residents on bothlevels of a split-entry/split-level home. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is noanticipated compliance cost for affected persons becausethis is amendment only defines a split-entry/split-level homeand the housing of residents on both levels of the home.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: There is no fiscal impacton business that will result from this rule amendment.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Public SafetyFire MarshalSuite 3025272 South College DriveMurray, UT 84123-2611, orat the Division of Administrative Rules.

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DAR File No. 21710 NOTICES OF PROPOSED RULES

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DIRECT QUESTIONS REGARDING THIS RULE TO:Brent R. Halladay at the above address, by phone at (801)284-6350, by FAX at (801) 284-6351, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: Brent R. Halladay, Chief Deputy State FireMarshal

R710. Public Safety, Fire Marshal.R710-3. Assisted Living Facilities.

• • • • • • • • • • •

R710-3-3. Amendments and Additions.3.1 General Requirements3.1.1 All facilities shall be inspected annually and obtain a

certificate of fire clearance signed by the AHJ.3.1.2 All facility administrators shall develop emergency

plans, provide staff training in the usage of all emergencyequipment to include portable fire extinguishers, hood systems, firealarms, and fire drills, in addition to those requirements in the UFC,Article 13.

3.2 Type I Assisted Living Facilities3.2.1 Type I Limited Capacity Assisted Living Facilities shall

be constructed in accordance with UBC, Group R, Division 3Occupancies; and maintained in accordance with the UBC andUFC.

3.2.2 Type I Limited Capacity Assisted Living Facilityrequired exits shall not be secured with dead bolts, chains, or hasps.Deadbolts that are interconnected with the latch, and providesimultaneous retraction of both the deadbolt and the latch, by theturning of the latch, is permitted.

3.2.3 Residents in Type I Limited Capacity Assisted LivingFacilities shall be housed on the [main floor]first story only, unlessan approved outside exit leading to the ground level is providedfrom any upper or lower level. Split entry/split level type homes inwhich stairs to the lower and upper level are equal or nearly equal,may have residents housed on both levels when approved by theAHJ.

3.2.4 In Type I Limited Capacity Assisted Living Facilities,resident rooms on the ground level, shall have escape or rescuewindows as required in UBC, Chapter 3, Section 310.4.

3.2.5 In Type I Limited Capacity Assisted Living Facilities anapproved independent smoke detector shall be installed in eachsleeping room and access hallway.

3.2.6 Type I Small Assisted Living Facilities shall beconstructed in accordance with UBC, Appendix Chapter 3, Divisionvarious state owned and educational occupancies. SeveralIV - Requirements for Group R, Division 4 Occupancies; andmaintained in accordance with the UBC and UFC.

3.2.7 Type I Small Assisted Living Facility required exits shallnot be secured with dead bolts, chains, or hasps. Deadbolts that areinterconnected with the latch, and provide simultaneous retraction

of both the deadbolt and the latch, by the turning of the latch, ispermitted.

3.2.8 Type I Large Assisted Living Facilities shall beconstructed in accordance with UBC, Group I, Division 2; andmaintained in accordance with the UBC and UFC.

3.3 Type II Assisted Living Facilities3.3.1 Type II Limited Capacity Assisted Living Facilities shall

be constructed in accordance with UBC, Appendix Chapter 3,Division IV, Requirements for Group R, Division 4 Occupancies;and maintained in accordance with the UBC and UFC.

3.3.2 Type II Limited Capacity Assisted Living Facilities shallhave an approved automatic fire extinguishing system installed incompliance with the UBC, or provide a staff to a resident ratio ofone to one on a 24 hour basis.

3.3.3 Type II Small Assisted Living Facilities shall beconstructed in accordance with UBC, Group I, Division 2; andmaintained in accordance with the UBC and UFC.

3.3.4 Type II Small Assisted Living Facilities shall have aminimum corridor width of six feet.

3.3.5 Type II Large Assisted Living Facilities shall beconstructed in accordance with UBC, Group I, Division 2; andmaintained in accordance with the UBC and UFC.

3.3.6 Type II Large Assisted Living Facilities shall have aminimum corridor width of six feet.

• • • • • • • • • • •

KEY: assisted living facilities[September 1, 1998]January 15, 1999 53-7-204

ñ ñ

R710-4

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21710FILED: 11/30/1998, 11:10

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: The UtahFire Prevention Board proposes to change the currentlyadopted rule by eliminating the need of the appendicessection of NFPA 13 being formally adopted as a portion ofthe incorporated reference, and also amending the sectionthat requires the placement of manual fire alarm boxes in

years ago the Board eliminated the placement of manual firealarm boxes in corridor and exit ways to aid elementary andsecondary public and private school administrators withmisuse of these fire alarm boxes and false alarms. With thisformer amendment it is now realized it hurt and lessenedreasonable fire safety with early notification in the event of

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fire or emergency in the other occupancies that are not COMPLIANCE COSTS FOR AFFECTED PERSONS: The majorelementary or secondary education buildings. compliance cost for the adoption of this amended rule as

SUMMARY OF THE RULE OR CHANGE: On November 19, 1998, placing manual fire alarm boxes in the corridors and hallwaysthe Utah Fire Prevention Board met and addressed the of all state owned buildings, college buildings, and universityfollowing proposed changes: (1) removing the appendices buildings with an occupant load of more than 100. Thisfrom Subsection R710-4-1(2) as an adopted portion of an would not include public or private elementary or secondaryincorporated reference. The appendices are provided in the schools. This would have an anticipated compliance cost ofNFPA standards as an informational guide only, and are not several hundred dollars to several thousand dollars on eachdeveloped or intended to be used as a regulatory standard; new building. The cost would vary on each building(2) amend Subsection R710-4-3(3)(2)(b)(3), and add the depending on the design of that building and the size of therequirement that in college buildings, university buildings, building.and state-owned buildings with an occupant load of 100 ormore, manual fire alarm boxes shall be provided as required COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTin the Uniform Fire Code and NFPA 72. Several years ago THE RULE MAY HAVE ON BUSINESSES: After review of thesethis requirement was modified to accommodate public and proposed changes with the State Fire Marshal, and asprivate elementary and secondary schools eliminating the fire recommended by the Utah Fire Prevention Board, I havealarm boxes in the hallways and near the exits for continued concluded that the fiscal impact to the state and to privatelymisuse by the students. The Fire Prevention Board did not owned colleges and universities, does not create anrealize the need to continue the manual fire alarm boxes in unreasonable fiscal impact due to the increased safety thatstate-owned buildings, college buildings, and university these manual fire alarm boxes create for early notification ofbuildings. This amendment will now correct an unintentional a fire or emergency.error with regard to manual fire alarm boxes and return themto the corridors and exit ways in these other occupancies. THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS Public SafetyRULE: Section 53-7-204 Fire Marshal

THIS RULE OR CHANGE INCORPORATES BY REFERENCE THE 5272 South College DriveFOLLOWING MATERIAL: The National Fire Protection Murray, UT 84123-2611, orAssociation (NFPA), Standard 13, Installation of Sprinkler at the Division of Administrative Rules.Systems, 1996 edition

ANTICIPATED COST OR SAVINGS TO: Brent R. Halladay at the above address, by phone at (801)ïTHE STATE BUDGET: Approximately $50 is the anticipated 284-6350, by FAX at (801) 284-6351, or by Internet E-mail atcost for the rewritten rule to be copied and the cost to send [emailprotected] to all affected by the amendment. There would be ananticipated cost to the state budget of several hundred INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEdollars to several thousands of dollars on each new building BY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NObuilt that would now require the placement of manual fire LATER THAN 5:00 P.M. ON 01/14/1999.alarm boxes in the corridors and exit ways as required by thenationally accepted standards in effect in the State of Utah. THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999Exact aggregate impact is impossible to predict due to theunknown number of new buildings proposed, the size of AUTHORIZED BY: Brent R. Halladay, Chief Deputy State Firethose buildings, usage of those buildings, and design of Marshalthose proposed buildings.ïLOCAL GOVERNMENTS: There is no anticipated cost orsavings to local government because the amendment onlyremoves the appendices from an incorporated reference andaffects fire alarm systems in state-owned and privately-owned educational facilities.ïOTHER PERSONS: There is an anticipated cost of severalhundred dollars to several thousand dollars to any college oruniversity that is privately owned, to now comply to thenationally accepted standard of placement of the manual firealarm boxes in the corridors and exit ways. Exact aggregateanticipated cost is impossible to predict due to the unknownnumber of new buildings proposed, the size of thosebuildings, usage of those buildings, and design of thoseproposed buildings.

proposed would be to now return to the adopted standard of

REGULAR BUSINESS HOURS, AT:

Suite 302

DIRECT QUESTIONS REGARDING THIS RULE TO:

R710. Public Safety, Fire Marshal.R710-4. Buildings Under the Jurisdiction of the State FirePrevention Board.R710-4-1. Adoption of Fire Codes.

Pursuant to Title 53, Chapter 7, Section 204, of the Utah CodeAnnotated 1953, the Utah Fire Prevention Board adopts minimumrules for the prevention of fire and for the protection of life andproperty against fire and panic in any publicly owned building,including all public and private schools, colleges, and universitybuildings, and in any building or structure used, or intended for use,as an asylum, hospital, mental hospital, sanitarium, home for theaged, residential health care facility, children’s home or institution,or any similar institutional type occupancy of any capacity; and in

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DAR File No. 21710 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 119

any place of assemblage where fifty (50) or more persons may 1.8 Uniform Mechanical Code (UMC), 1994 edition, asgather together in a building, structure, tent, or room, for the published by the International Conference of Building Officialspurpose of amusem*nt, entertainment, instruction, or education. (ICBO), and as adopted by the Uniform Building Standards Act,

There is further adopted as part of these rules the following Title 58, Chapter 56, Section 4, Utah Code Annotated 1953.codes which are incorporated by reference: 1.9 Copies of the above codes are on file in the Office of

1.1 National Fire Protection Association (NFPA), Standard Administrative Rules and the State Fire Marshal.101, Life Safety Code (LSC), 1997 edition, except as amended byprovisions listed in R710-4-3, et seq. The following chapters from • • • • • • • • • • •NFPA, Standard 101 are the only chapters adopted: Chapter 12 -New Health Care Occupancies; Chapter 13 - Existing Health CareOccupancies; Chapter 14 - New Detention and Correctional 3.0 The following amendments and additions are herebyOccupancies; Chapter 15 - Existing Detention and Correctional adopted for those buildings under the jurisdiction of the State FireOccupancies; and other sections referenced within and pertaining Marshal:to these chapters only. 3.1 Door Closures

1.2 National Fire Protection Association (NFPA), Standard 3.1.1 UFC, Article 11, Section 1111.2.2 Operation. Add the13, Installation of Sprinkler Systems,[ with all appendices,] 1996 following Exception. In Group E Occupancies, Divisions 1 and 2,edition, except as amended by provisions listed in R710-4-3, et seq. the door closures may be of the friction hold-open type on

1.3 National Fire Protection Association (NFPA), Standard classrooms only.72, National Fire Alarm Code, 1996 edition, except as amended by 3.2 Dumpstersprovisions listed in R710-4-3, et seq. 3.2.1 UFC, Article 11, Section 1103.2.2, with reference to

1.4 National Fire Protection Association (NFPA), Standard Group E Occupancies, is amended to add the following70, National Electric Code (NEC), 1996 edition, as adopted by the requirement:Uniform Building Standards Act, Title 58, Chapter 56, Section 4, Dumpsters and containers with an individual capacity of 1.5Utah Code Annotated 1953. cubic yards (40.5 cubic feet) or greater shall not be stored in

1.5 Uniform Building Code (UBC), Volume 1, 1997 edition, buildings or placed within 20 feet of combustible walls, openingsas published by the International Conference of Building Officials or combustible roof eave lines.(ICBO), and as adopted by the Uniform Building Standards Act, 3.3 Fire Alarm SystemsTitle 58, Chapter 56, Section 4, Utah Code Annotated 1953. 3.3.1 General Provisions

The following UBC appendix chapter is adopted: The following rules pertain to newly installed systems orChapter 3 - Division IV, Requirements for Group R, Division changes made to existing systems, except where noted:

4 Occupancies. (a) Presignal feature type systems are prohibited, except in I-31.6 Uniform Fire Code (UFC), Volume 1, 1997 edition, as Occupancies.

published by the International Fire Code Institute (IFCI), except as (b) Fire alarm system designs submitted to the AHJ, shallamended by provisions listed in R710-4-3, et seq. include complete floor plans showing location of all devices,

The following UFC appendix chapters are adopted: occupancy use of each room, schematic wiring diagrams, battery(a) Appendix I-C Stairway Identification. calculations, and any other items deemed necessary.(b) Appendix III-C Inspection, Testing and Maintenance of 3.3.2 Required Installations

Water Based Fire Protection Systems. (a) Fire alarm systems shall be provided as required in UFC,(c) Appendix IV-A Interior Floor Finish. Article 10, Section 1007, and LSC Chapters as adopted, and in(d) Appendix VI-A Hazardous Materials Classifications. other rules promulgated by the Board.(e) Appendix VI-E Reference Tables from the Uniform (b) All state-owned buildings, college and university

Building Code. buildings, other than institutional, with an occupant load of one1.7 Uniform Fire Code Standards (UFCS), Volume 2, 1997 hundred (100) or more, all schools with an occupant load of fifty

edition, as published by the International Fire Code Institute (IFCI). (50) or more, shall have an approved fire alarm system with theThe following UFCS standards are amended as follows: following features:(a) UFCS 10-1, Selection, Installation, Inspection, (1) Products-of-combustion (smoke) detectors installed

Maintenance and Testing of Portable Fire Extinguishers is amended throughout all corridors and common areas of egress at theto adopt NFPA, Standard 10, 1998 edition. maximum prescribed spacing of thirty feet on center, and no more

(b) UFCS 10-2, Installation, Maintenance and Use of Fire than fifteen feet from the walls.Protection Signaling Systems is amended to adopt NFPA, Standard (2) In other than fully sprinklered buildings, automatic72, 1996 edition. detectors shall be installed in each enclosed space, other than

(c) UFCS 52-1, Compressed Natural Gas (CNG) Vehicular corridors, at maximum prescribed spacing as specified in NFPA,Fuel Systems is amended to adopt NFPA, Standard 52, 1995 Standard 72, or by their listing.edition. (3) Manual fire alarm boxes shall be provided as required. In

(d) UFCS 79-1, Foam Fire Protection Systems is amended to public and private elementary and secondary schools, [M]manualadopt NFPA, Standard 11, 1994 edition. fire alarm [initiating devices]boxes shall be provided in the boiler

(e) UFCS 82-1, Liquefied Petroleum Gas Storage is amended room, kitchen, and main administrative office of each building, andto adopt NFPA, Standard 58, 1995 edition. any other areas as determined by the AHJ.

R710-4-3. Amendments and Additions.

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120 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

(4) The fire alarm system shall be connected to a proprietary 3.6 Hydrants, Firepanel, where provided within the complex. 3.6.1 The fire department connection on automatic fire

3.3.3 Main Panel sprinkler and standpipe systems shall be located a reasonable(a) An approved key plan drawing and operating instructions distance as approved by the AHJ.

shall be posted at the main fire alarm panel which displays the 3.7 Fire Sprinklerslocation of all alarm zones and if applicable, device addresses. 3.7.1 Class 1 and Class 2 fire protection systems, as defined

(b) The main panel shall be located in a normally attended in AWWA, M14, Second Edition, "Recommended Practice forarea such as the main office or lobby. Location of the Main Panel Backflow Prevention and Cross-Connection Control," shall beother than as stated above, shall require the review and provided with a listed alarm check valve with standard trim.authorization of the SFM. Where location as required above is not 3.7.2 Antifreeze systems installed in Class 1 and Class 2 firepossible, an electronically supervised remote annunciator from the protection systems shall be installed as required in NFPA, Standardmain panel shall be located in a supervised area of the building. 13, and a backflow preventing device shall be installed as requiredThe remote annunciator shall visually indicate system power status, in the Uniform Plumbing Code.alarms for each zone, and give both a visual and audible indication 3.8 Water Supply Analysisof trouble conditions in the system. All indicators on both the main 3.8.1 For proposed construction in both sprinklered andpanel and remote annunciator shall be adequately labeled. unsprinklered occupancies, the owner or architect shall provide an

3.3.4 System Wiring engineer’s water supply analysis evaluating the available water(a) System Wiring shall be in accordance with the following: supply.(1) The Initiating Device circuits (IDC) shall be Style D as 3.8.2 The owner or architect shall provide the water supply

defined in NFPA, Standard 72. analysis during the preliminary design phase of the proposed(2) The Indicating Appliance circuits (IAC) shall be Style Z construction.

as defined in NFPA, Standard 72. 3.8.3 The water analysis shall be representative of the supply(3) Signaling line circuits shall be Style 6 or 7 as defined in that may be available at the time of a fire as required in NFPA,

NFPA, Standard 72. Standard 13, Appendix A-7-2.1.(b) All junction boxes shall be adequately identified as part of 3.9 Fire Drills

the fire alarm system. Covers for the concealed boxes shall be 3.9.1 UFC, Article 13, Section 1303.3.3.2(1)is amended topainted red. include the additional Exception:

3.3.5 System Devices 2. A fire drill in secondary schools shall be conducted at leastAll equipment and devices shall be listed and/or labeled by a every two months, to a total of four fire drills during the nine month

nationally recognized testing laboratory for fire alarm use. school year. The first fire drill shall be conducted within the first3.3.6 Fan Shut Down two weeks of the school year.(a) The fan shut down relay(s) in the air handling equipment

shall be normally energized, and connected through and controlled • • • • • • • • • • •by a normally closed contact in the fire alarm panel, or a normallyclosed contact of a remote relay under supervision by the mainpanel. The relays will transfer on alarm, and shall not restore untilthe panel is reset.

(b) Duct detectors required by the UMC, shall beinterconnected, and compatible with the fire alarm system.

3.3.7 Maintenance and TestsThe owner/administrator of each building shall insure

maintenance and testing as required in UFC, Article 10, Section1001.4 and 1001.5. A written log, verifying these tests, shall bekept on file for inspection by the AHJ.

3.4 Fireworks3.4.1 UFC, Article 78, Section 7802.3 is amended to include

the following Exception:3. The use of fireworks for display and retail sales is allowed

as set forth in the "Utah Fireworks Act", as adopted in Title 11,Chapter 3, Utah Code Annotated 1953.

3.5 Health Care Facilities3.5.1 LSC Chapters 12 and 13 Sections 12-1.2.4 and 13-1.2.4

(Exiting Through Adjoining Occupancies) exception is deleted.3.5.2 LSC Chapter 13, Section 13-3.6.1, (Rooms Allowed

open to Corridor) exceptions No. 1, No. 5, No. 6, and No. 8 aredeleted.

KEY: fire prevention, public buildings[September 1, 1998]January 15, 1999 53-7-204

ñ ñ

R710-8

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21712FILED: 11/30/1998, 11:10

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: The UtahFire Prevention Board proposes to update the currentlyenacted rule to comply to the Utah Child Care Licensing Actthat was passed during the 1998 session of the Utah StateLegislature.

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DAR File No. 21712 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 121

SUMMARY OF THE RULE OR CHANGE: On November 19, 1998, COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTthe Utah Fire Prevention Board met and addressed the THE RULE MAY HAVE ON BUSINESSES: After review of theseupdating of R710-8 to comply with the newly enacted Utah proposed changes with the State Fire Marshal, and asChild Care Licensing Act statute (S.B. 26) passed during the recommended by the Utah Fire Prevention Board, it is my1998 session of the Utah State Legislature. The proposed opinion that the proposed amendments in this rule willamendments are as follows: (1) Subsection R710-8-1(1) is comply with the newly enacted Utah Child Care Licensingproposed to be amended by dropping the usage of the Act. It is also my opinion that the fiscal impact is minimal toNational Fire Protection Association (NFPA), Standard 101, provide a reasonable degree of fire and life safety for theLife Safety Code, and replacing it with the Uniform Fire Code, care of as many as 16 children in a home.Volume 1, 1997 edition; (2) Subsection R710-8-1(2)(1) isproposed to be eliminated as an incorporated sub-reference THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGto the Uniform Building Code as it now does not apply; (3) REGULAR BUSINESS HOURS, AT:Section R710-8-2, "Definitions," is proposed to have the "Day Public SafetyCare Center" and "Family Day Care" definitions rewritten to Fire Marshalcomply with the established guidelines of the Utah Child Care Suite 302Licensing Act and the rules adopted pursuant to this statute 5272 South College Driveby the Department of Health; (4) Section R710-8-2, Murray, UT 84123-2611, or"Definitions," is proposed to have the definition of "Group Day at the Division of Administrative Rules.Care" eliminated due to it not being an established categoryof day care within the Utah Child Care Licensing Act; (5) DIRECT QUESTIONS REGARDING THIS RULE TO:Subsections R710-8-3(1) through R710-8-3(13) are proposed Brent R. Halladay at the above address, by phone at (801)to be newly enacted amendments or rewritten amendments 284-6350, by FAX at (801) 284-6351, or by Internet E-mail atto comply with the Utah Child Care Licensing Act. [emailprotected].(DAR Note: S.B. 26 is found at 1998 Utah Laws 158, and iseffective as of May 4, 1998.)

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Section 53-7-204

THIS RULE OR CHANGE INCORPORATES BY REFERENCE THEFOLLOWING MATERIAL: Uniform Fire Code, Volume 1, 1997edition

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: $50 would be the anticipated cost to thestate budget to copy the rewritten rule and send it out to allthat are required to have a copy.ïLOCAL GOVERNMENTS: There is no anticipated cost orsavings seen by local government because this rule does notaffect local government.ïOTHER PERSONS: There might be an anticipated cost to theFamily Day Care providers in the usage of a home where anyfire and life safety items might need to be installed to makethe home fire safe.COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliancecosts for affected persons will vary according to the type,age, and style of home to be used for Family Day Care. If ahome is to be used for Family Day Care and the providerdoesn’t have two exits from the level where day care will beprovided, a second exit will need to be installed. Theanticipated cost for a second exit would be from $200 to$2,500 depending on the type of exit required, the location ofthe desired exit such as a basem*nt or second story, thelogistics to complete the exit system, and who completes thework. The Family Day Care provider would also be requiredto provide smoke detectors and a portable fire extinguisherif they are not already in the home. A single station batteryoperated smoke detector is approximately $10 and a 5 poundportable fire extinguisher is approximately $50.

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/14/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/15/1999

AUTHORIZED BY: Brent R. Halladay, Chief Deputy State FireMarshal

R710. Public Safety, Fire Marshal.R710-8. Day Care Rules.R710-8-1. Adoption of Codes.

Pursuant to Title 53, Chapter 7, Section 204, Utah CodeAnnotated 1953, the Utah Fire Prevention Board adopts minimumstandards for the prevention of fire and for the protection of life andproperty against fire and panic in any day care facility or children’shome.

There is further adopted as part of these rules the followingcodes which are incorporated by reference:

1.1 [National Fire Protection Association (NFPA), Standard101, Life Safety Code (LSC), 1997 edition, except as amended byprovisions listed in R710-8-3, et seq. The following chapters fromNFPA, Standard 101 are the only chapters adopted: Chapter 30,New Day Care Occupancies, Sections 30-6 and 30-7 - Day CareHomes; Chapter 31, Existing Day Care Occupancies, Sections 31-6and 31-7 - Day Care Homes; and other sections referenced withinand pertaining to these chapters only.]Uniform Fire Code (UFC),1997 edition, et seq.

1.2 Uniform Building Code (UBC), 1997 edition, as publishedby the International Conference of Building Officials (ICBO), andas adopted by the Uniform Building Standards Act, Title 58,Chapter 56, Section 4, Utah Code Annotated 1953.

[1.2.1 Group Day Care units shall also apply R156-56-20,Amendments to the UBC, Chapter 3, Section 305.1, Division 3, incarrying out the purposes of this Rule.

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NOTICES OF PROPOSED RULES DAR File No. 21705

122 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

1.3]1.2 Copies of the above codes are on file in the Office of 3.3 Day Care Centers shall comply with the E-3 requirementsAdministrative Rules and the Office of the State Fire Marshal. of the Uniform Building Code.

R710-8-2. Definitions."Authority Having Jurisdiction (AHJ)" means the State Fire religious services are being held in the building.

Marshal, his duly authorized deputies, or the local fire enforcement 3.5 Heating equipment in spaces occupied by children shall beauthority. provided with partitions, screens, or other means to protect children

"Board" means Utah Fire Prevention Board. from hot surfaces and open flames."Client" means a child or adult receiving care from other than 3.6 A fire escape plan shall be completed and posted in a

a parent, relative or guardian. conspicuous place. All staff shall be trained on the fire escape plan"Day Care" means any building or portion thereof, where and procedure.

clients receive care, maintenance, and supervision for less than 24 3.7 Fire drills shall be conducted in Family[ and Group] Dayhours per day and which are not classified in the Uniform Building Care units quarterly, and shall include the complete evacuation fromCode as E-1 or E-2 occupancies. the building of all clients and staff. Fire Drills in Day Care Centers

"Day Care Center" means providing care for [thirteen or shall be completed as required under Group E Occupancies. All firemore]more than six clients in a place other than a home. This drills shall be documented to include the date of the fire drill andwould also include Child Care Centers or Hourly Child Care who participated.Centers licensed by the the Department of Health. 3.8 The Authority Having Jurisdiction shall insure at each

"Family Day Care" means[ a service of] providing care for [not inspection there is sufficient adult staff to client ratios to allow safemore than six ]clients listed in the following two groups: and orderly evacuation in case of fire.

a. ["A" means not less than one and not more than three 3.9 Infants shall not be housed in basem*nts or above the firstclients. The unit will be unlicensed, unregulated, and exempt.]Type story unless permitted by the Uniform Fire Code or the UniformI - Services provided for five to eight clients in a home. This would Building Code[ or the Life Safety Code].also include a home that is certified by the Department of Health asResidential Certificate Child Care or licensed as Family Child Care. • • • • • • • • • • •

b. ["B" means not less than four and not more than six clients.The unit shall be licensed and regulated by regional offices of theDepartment of Human Services.]Type II - Services provided fornine to sixteen clients in a home with sufficient staffing. Thiswould also include a home that is licensed by the Department ofHealth as Family Child Care.[ "Group Day Care" means a service of providing care for notless than seven and not more than twelve clients.]

"ICBO" means International Conference of Building Officials.[ "LSC" means Life Safety Code.

"NFPA" means National Fire Protection Association.]"SFM" means State Fire Marshal."UBC" means Uniform Building Code.

R710-8-3. Amendments and Additions.3.1 Family Day Care units [shall comply with the

requirements of NFPA, Standard 101, Life Safety Code (LSC),Chapter 30, Sections 30-6 and 30-7, and Chapter 31, Sections 31-6and 31-7, where applicable, and the R-3 requirements of theUniform Building code. Section 31-1.1.2 of NFPA, Standard 101,Life Safety Code, 1997 edition, and all other sections that referencestaff-to-client ratios, is deleted with reference to Family Day Careunits, and is replaced with R710-8-3.8.]shall have two remotelylocated exits from each floor occupied by clients that shall lead toan open space at ground level.

3.2 Family Day Care Units that are located above or below themain story shall be provided with two exits, one of which shalldischarge directly to the outside.

3.2 [Group Day Care units shall comply with the UniformBuilding Code Statewide Amendment for Group Day Care and theR-3 requirements of the Uniform Building Code.]Family Day Careunits shall have fire extinguishers and single station smokedetectors in good operating condition on each level occupied byclients.

3.4 Places of religious worship shall not be required to meetthe provisions of this Rule in order to operate a nursery while

KEY: fire prevention, day care[September 1, 1998]January 15, 1999 53-7-204

ñ ñ

R986-413

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21705FILED: 11/27/1998, 13:20

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: Thepurpose for this filing is to incorporate federal regulations forthe Food Stamp Program as directed by the United StatesDepartment of Agriculture (USDA), Food and NutritionService (FNS). The new regulations are implementedeffective October 1, 1998. The filing also includes theaddition of a regulatory citation that had been erroneouslydeleted and a change to a program name.

SUMMARY OF THE RULE OR CHANGE: This rule change correctsan erroneously deleted reference to 7 CFR 273.7 which theDepartment had previously incorporated by reference. Therule also incorporates, by reference, Title I, Section 1001 ofthe Balanced Budget Act of 1997 (Pub. L. No. 105-33). That

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (129)

DAR File No. 21705 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 123

Act adds certain conditions to the Employment and Training operating expenses. Those potential costs or savings areand the Able-Bodied Adults Without Dependents (ABAWD) unknown to the Department and are considered incalculable.provisions of the Food Stamp Program. This rule also COMPLIANCE COSTS FOR AFFECTED PERSONS: Althoughchanges the name of the General Assistance-Emergency compliance with and implementation of the expandedWork Program (G-EWP) to the Working Toward Employment participation requirements for individuals meeting theProgram. ABAWD criteria does potentially extend program participation

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THIS are borne by the Federal government. The Department doesRULE: Section 35A-3-103 incur 50% of the associated administrative costs. ThoseFEDERAL REQUIREMENT FOR THIS RULE: Title I, Section 1001, costs associated with implementing this change areBalanced Budget Act of 1997 (Pub. L. No. 105-33) absorbed in the Department’s cost of operating the Food

THIS RULE OR CHANGE INCORPORATES BY REFERENCE THE significant. FOLLOWING MATERIAL: Title I, Section 1001, Balanced BudgetAct of 1997, (Pub. L. No. 105-33) August 5, 1997; and 7 CFR COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT273.7, 1992 ed. THE RULE MAY HAVE ON BUSINESSES: For this rule change,

ANTICIPATED COST OR SAVINGS TO: ABAWD’s who receive benefits from the Food StampïTHE STATE BUDGET: All Food Stamp Program benefits are Program. It is likely that because of these new requirements,funded by the federal government. The state does, however, certain households with individuals meeting the ABAWDpay one half of the administrative costs related to this criteria will receive benefits for additional months. However,program. In the case of this rule change, participation businesses dealing directly with the participants (foodrequirements have been modified for certain Able-Bodied retailers) would not necessarily realize an increase inAdults Without Dependents (ABAWD’s) who receive benefits business. Although it also possible that the operating costsfrom the Food Stamp Program. It is likely that because of of those businesses could be affected, those costs arethese new requirements, certain households with individuals unknown to the Department and are not calculable.meeting the ABAWD criteria will receive benefits foradditional months. Because these new participation THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGcomponents are optional to ABAWD’s and are only available REGULAR BUSINESS HOURS, AT:in certain areas of the state, the Department is unable to Workforce Servicesestimate the impact on the program. There are certain Employment Developmentadministrative costs associated with implementing this Second Floorchange that are absorbed in the Department’s cost of 1385 South State Streetoperating the Food Stamp Program. Those costs are not Salt Lake City, UT 84115, ordistinguishable or significant. at the Division of Administrative Rules.ïLOCAL GOVERNMENTS: Local governments are not generallyinvolved directly with the administration of the Food Stamp DIRECT QUESTIONS REGARDING THIS RULE TO:Program. However, with this change, it is possible that local Gordon Mendenhall at the above address, by phone at (801)governments in certain areas of the state will be involved with 468-0125, by FAX at (801) 468-0160, or by Internet E-mail atthe Department in setting up additional participation [emailprotected], such as Work Skills Training Sites. Thosecosts should be incidental and are unknown to the INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEDepartment. BY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOïOTHER PERSONS: This rule change incorporates expanded LATER THAN 5:00 P.M. ON 01/15/1999.participation components for certain individuals meeting theABAWD criteria in the Food Stamp Program. This means THIS RULE MAY BECOME EFFECTIVE ON: 01/16/1999that certain of Utah’s citizens could potentially qualify (orcontinue to qualify) for additional months of benefits from the AUTHORIZED BY: Robert C. Gross, Executive DirectorFood Stamp Program. Although there are potentially somecosts to be incurred by those individuals who choose toincrease participation, those potential costs are consideredto be minimal and are incalculable. The Department doesallow up to $25 per month reimbursem*nt for costsassociated with participation in certain components of theEmployment and Training Program. Because certainrecipients may continue to participate in the Food StampProgram as a result of this change, there could be someimplications for businesses that interact with participants ofthe Food Stamp Program. Any costs or savings to thosebusinesses reflect the potential for increased sales and

for certain program participants, all increased benefit costs

Stamp Program. Those costs are not distinguishable or

participation requirements have been modified for certain

R986. Workforce Services, Employment Development.R986-413. Program Standards.R986-413-302. Work Requirements.

The department adopts 7 CFR 273.7, 1992 ed. and Public Law104-193, section 815 which [is]are incorporated by reference.

1. Current Department Practices for the Employment Programa. Eligible household members shall complete an assignment

to the employment program once each 12 months or be exempt.b. Exempt persons may volunteer.c. An Employment Program assignment consists of:i. assignment to a job search workshop

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (130)

NOTICES OF PROPOSED RULES DAR File No. 21706

124 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

ii. assignment to a self-sufficiency unitiii. a person is not assigned if neither of the above is availabled. noncomplying individuals shall be sent a notice and

allowed ten days to complete the assignment or establish goodcause.

2. Reducing Work Hours3. Voluntary Quit

R986-413-304. Able-Bodied Adults Without Dependents.The department adopts Public Law 104-193, section 824 and

Public Law 105-33, Title I, Section 1001 which is incorporated byreference.

1. Current Department Practicesa. Persons who are participating [G-EWP]in the Working

Towards Employment Program or Refugee Cash AssistanceProgram will also satisfy the work requirement.

• • • • • • • • • • •

KEY: food stamps[February 19, 1997]1999 35A-3-103Notice of Continuation February 10, 1997

ñ ñ

R986-419

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21706FILED: 11/27/1998, 13:20

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: Thepurpose for this filing is to incorporate the revised FoodStamp program maximum income limits as directed by theUnited States Department of Agriculture (USDA), Food andNutrition Service (FNS). These new limits are effective for allbenefits issued as of October 1, 1998.

SUMMARY OF THE RULE OR CHANGE: This rule changeimplements the revised maximum income limits for the FoodStamp Program. The Department is removing the maximumincome limits table from this rule. This rule will now referencethose limits in Tables IV, V, and VI which are contained in theFood Stamp Manual as maintained by the Department.Maximum income limits are updated annually by the UnitedStates Department of Agriculture (USDA), Food and NutritionService (FNS).

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Section 35A-3-103

THIS RULE OR CHANGE INCORPORATES BY REFERENCE THEFOLLOWING MATERIAL: 7 CFR 273.9(a), 1995 ed.

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: All Food Stamp Program benefits arefunded by the federal government. The state does, however,pay one half of the administrative costs related to thisprogram. In the case of this rule change, the maximumincome limits have been increased. This means thathouseholds currently participating will continue to qualify forbenefits at the higher income levels and that new applicantscould now qualify at those higher limits. The administrativecosts to implement the new maximum income limits areabsorbed in the Department’s costs of operating the FoodStamp Program and are not distinguishable or significant.ïLOCAL GOVERNMENTS: Local governments are not involvedin the administration of the Food Stamp Program. Thischange has no direct impact on local governments.ïOTHER PERSONS: This rule change incorporates higherincome levels which means that more of Utah’s citizens couldpotentially qualify (or continue to qualify) for benefits from theFood Stamp Program. There are no costs or savings topotential or existing food stamp applicants associated withincreased income limits. Increased participation in the FoodStamp Program also has some implications for thosebusinesses that interact with program participants. There isthe potential that sales and/or operating expenses may beaffected. Any resulting costs or savings to those businessesare unknown to the Department and are consideredincalculable. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Departmentof Workforce Services is the single state agency responsiblefor administering the Food Stamp Program. Compliance withand implementation of the revised maximum income levelsdoes potentially increase the number of program participants.Increased benefit costs are borne by the Federalgovernment. Although the Department does incur 50% of theassociated administrative costs, those costs are absorbed inthe Department’s costs of operating the Food StampProgram and are not distinguishable or significant. No "otherpersons" have compliance requirements.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: This rule changeincreases the maximum income limits for qualifying for theFood Stamp Program. Although it is feasible that the numberof program participants would increase, businesses dealingdirectly with the participants (food retailers) would notnecessarily realize an increase in business. It is feasible thatbusinesses could see an increase in related operatingexpenses. Although there are potential costs to businesses,those costs are unknown to the Department and are notcalculable.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Workforce ServicesEmployment DevelopmentSecond Floor1385 South State StreetSalt Lake City, UT 84115, or

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (131)

DAR File No. 21707 NOTICES OF PROPOSED RULES

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 125

at the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Gordon Mendenhall at the above address, by phone at (801)468-0125, by FAX at (801) 468-0160, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/15/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/16/1999

AUTHORIZED BY: Robert C. Gross, Executive Director

R986. Workforce Services, Employment Development.R986-419. Income Limits.R986-419-900. Food Stamp Program Income Limits.

The department adopts 7 CFR 273.9 (a), 1995 ed. and ThePersonal Responsibility and Work Opportunity Reconciliation Actof 1996, signed into law August 22, 1996, which [is]areincorporated by reference.

The Food Stamp Program income limits are updated annually.The current limits are listed in the Food Stamps Manual, Tables IV,V, VI. That manual is available for public inspection at eachDepartment of Workforce Services Employment Center and at theEmployment Development Division, 1385 South State Street, SaltLake City, UT.[

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��������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������������

IRU�HDFKDGGLWLRQDOPHPEHUDGG�����������������������������������������������������

]KEY: food stamps[January 2, 1998]1999 35A-3-103Notice of Continuation August 18, 1997

ñ ñ

R986-420

NOTICE OF PROPOSED RULE(Amendment)

DAR FILE NO.: 21707FILED: 11/27/1998, 13:20

RECEIVED BY: NL

RULE ANALYSISPURPOSE OF THE RULE OR REASON FOR THE CHANGE: Thepurpose for this filing is to incorporate the revised FoodStamp Program maximum food stamp allotments as directedby the United States Department of Agriculture (USDA), Foodand Nutrition Service (FNS). These new allotment amountsare effective for all benefits issued beginning October 1,1998.

SUMMARY OF THE RULE OR CHANGE: This rule changeimplements the revised maximum allotment amounts for theFood Stamp Program. The Department is removing themaximum allotment amounts table from this rule. This rulewill now reference those allotment amounts in Table VIIwhich is contained in the Food Stamp Manual as maintainedby the Department. Maximum allotment amounts areupdated annually by the United States Department ofa*griculture (USDA), Food and Nutrition Service (FNS).

STATE STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THISRULE: Section 35A-3-103

THIS RULE OR CHANGE INCORPORATES BY REFERENCE THEFOLLOWING MATERIAL: 7 CFR 273.10(e)(4), 1995 ed.

ANTICIPATED COST OR SAVINGS TO: ïTHE STATE BUDGET: All Food Stamp Program benefits arefunded by the federal government. The state does, however,pay one half of the administrative costs related to thisprogram. In the case of this rule change, the maximumallotment amounts have been increased. This means thathouseholds participating in the Food Stamp Program willlikely receive more benefits beginning in October 1998. Atthe maximum benefit level, the increase averages $10 amonth for all households combined. The administrative coststo implement the new allotment amounts are absorbed in theDepartment’s costs of operating the Food Stamp Programand are not distinguishable or significant. ïLOCAL GOVERNMENTS: Local governments are not involvedin the administration of the Food Stamp Program. Thischange has no direct impact on local governments.ïOTHER PERSONS: This rule change incorporates newallotment amounts that mean increased food stamp benefits

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (132)

NOTICES OF PROPOSED RULES DAR File No. 21707

126 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

for Utah’s citizens. The federal government funds allprogram benefits. There are no costs associated with thischange that would impact potential or existing food stampparticipants. The increase of participant benefits does havesome implications for businesses that interact withparticipants of the Food Stamp Program. There is thepotential that sales and/or operating expenses may beaffected. Any resulting costs or savings to those businessesare unknown to the Department and are consideredincalculable. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Departmentof Workforce Services is the single state agency responsiblefor administering the Food Stamp Program. Compliance withand implementation of the revised maximum food stampallotments does potentially increase the benefit amount forprogram participants. Increased benefit costs are borne bythe federal government. Although the Department does incur50% of the associated administrative costs related to thischange, those costs are absorbed in the Department’s costsof operating the Food Stamp Program and are notdistinguishable or significant. No "other persons" havecompliance requirements.

COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACTTHE RULE MAY HAVE ON BUSINESSES: This rule changeincreases the maximum allotment amounts for the FoodStamp Program. It is likely that the amount of benefits tohouseholds will increase. However, since the increase willaverage less than $10 per household, businesses dealingdirectly with the participants (food retailers) will notnecessarily realize a significant increase in business. It isfeasible that businesses could see an increase in relatedoperating expenses. Although there are potential costs tobusinesses, those costs are unknown to the Department andare not calculable.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Workforce ServicesEmployment DevelopmentSecond Floor1385 South State StreetSalt Lake City, UT 84115, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Gordon Mendenhall at the above address, by phone at (801)468-0125, by FAX at (801) 468-0160, or by Internet E-mail [emailprotected].

INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULEBY SUBMITTING WRITTEN COMMENTS TO THE ADDRESS ABOVE NOLATER THAN 5:00 P.M. ON 01/15/1999.

THIS RULE MAY BECOME EFFECTIVE ON: 01/16/1999

AUTHORIZED BY: Robert C. Gross, Executive Director

R986. Workforce Services, Employment Development.R986-420. Maximum Allotments.R986-420-100. Maximum Food Stamp [AllotmentTable]Allotments.

The department adopts 7 CFR 273.10(e)(4), 1995 ed. and ThePersonal Responsibility and Work Opportunity Reconciliation Actof 1996, signed into law August 22, 1996, which [is]areincorporated by reference.

The Food Stamp Program maximum food stamp allotments areupdated annually. The current maximum allotment amounts arelisted in the Food Stamps Manual, Table VII (Basic CouponIssuance Tables). That manual is available for public inspection ateach Department of Workforce Services Employment Center and atthe Employment Development Division, 1385 South State Street,Salt Lake City, UT.[

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]KEY: food stamps[January 2, 1998]1999 35A-3-103Notice of Continuation August 18, 1997

ñ ñ

End of the Notices of Proposed Rules Section

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (133)

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 127

FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION

Within five years of an administrative rule’s original enactment or last five-year review, the responsible agency isrequired to review the rule. This review is designed to remove obsolete rules from the Utah Administrative Code.

Upon reviewing a rule, an agency may: repeal the rule by filing a PROPOSED RULE; continue the rule as it is by filinga NOTICE OF REVIEW AND STATEMENT OF CONTINUATION (NOTICE); or amend the rule by filing a PROPOSED RULE andby filing a NOTICE. By filing a NOTICE, the agency indicates that the rule is still necessary.

NOTICES are not followed by the rule text. The rule text that is being continued may be found in the most recentedition of the Utah Administrative Code. The rule text may also be inspected at the agency or the Division ofAdministrative Rules. NOTICES are effective when filed. NOTICES are governed by Utah Code Section 63-46a-9(1996).

R28-3

FIVE-YEAR NOTICE OF REVIEW ANDSTATEMENT OF CONTINUATION

DAR FILE NO.: 21683FILED: 11/17/1998, 16:36

RECEIVED BY: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

CONCISE EXPLANATION OF THE PARTICULAR STATUTORYPROVISIONS UNDER WHICH THE RULE IS ENACTED AND HOW THESEPROVISIONS AUTHORIZE OR REQUIRE THE RULE: As required bythe Utah Administrative Procedures Act, this rule provides theprocedures for adjudicating disputes brought before the UtahState Agency for Surplus Property under the authoritygranted by Sections 63A-2-301 through 63A-2-308.

SUMMARY OF WRITTEN COMMENTS RECEIVED DURING AND SINCETHE LAST FIVE-YEAR REVIEW OF THE RULE FROM INTERESTEDPERSONS SUPPORTING OR OPPOSING THE RULE: This has notbeen a controversial rule and no comments have beenreceived.

REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE,INCLUDING REASONS WHY THE AGENCY DISAGREES WITHCOMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule isnecessary to mediate any disputes that are brought beforethe Utah State Agency for Surplus Property in an orderlymanner.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

Administrative ServicesFleet Operations, Surplus Property447 West 13800 South

PO Box 141152Salt Lake City, UT 84114-1152, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Mark Young at the above address, by phone at (801) 533-5885, by FAX at (801) 533-4016, or Internet E-mail [emailprotected].

AUTHORIZED BY: Mark Young, Manager

EFFECTIVE: 11/17/1998

ñ ñ

R590-161

FIVE-YEAR NOTICE OF REVIEW ANDSTATEMENT OF CONTINUATION

DAR FILE NO.: 21713FILED: 12/01/1998, 07:25

RECEIVED BY: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

CONCISE EXPLANATION OF THE PARTICULAR STATUTORYPROVISIONS UNDER WHICH THE RULE IS ENACTED AND HOW THESEPROVISIONS AUTHORIZE OR REQUIRE THE RULE: Subsection31A-2-201(3)(a) allows the insurance commissioner to makerules necessary to implement the provisions of Title 31A.

SUMMARY OF WRITTEN COMMENTS RECEIVED DURING AND SINCETHE LAST FIVE-YEAR REVIEW OF THE RULE FROM INTERESTEDPERSONS SUPPORTING OR OPPOSING THE RULE: None.

REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE,INCLUDING REASONS WHY THE AGENCY DISAGREES WITHCOMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (134)

FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION DAR File No. 21714

128 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

requires insurers who write disability income coverage to REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE,provide the coverage amount stated in their policies. The INCLUDING REASONS WHY THE AGENCY DISAGREES WITHrule prevents insurers from totaling up the amount of COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule isdisability income payments their insureds receive from other necessary to set a standard of reporting the reserves of lifeowned insurance policies (workers’ compensation, auto, etc.) and fraternal insurers to the insurance department. Thisand deducting that amount from the coverage amount report is called the "actuarial opinion of reserves." The Utahprovided under their policies. Code leaves it to the insurance commissioner to set

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING do the report. The rule sets forth the forms to be used andREGULAR BUSINESS HOURS, AT: their wording, categorizes companies according to their

Insurance admitted assets, and the criteria they are to follow inAdministration completing this report. In essence, the rule sets a standard3110 State Office Building for reporting which put everyone on the same playing field,Salt Lake City, UT 84114, or and makes sure that the information used on the report mostat the Division of Administrative Rules. accurately identifies the reserves that are necessary to cover

DIRECT QUESTIONS REGARDING THIS RULE TO: standards it would be difficult to regulate the moneyJilene Whitby at the above address, by phone at (801) 538- (reserves) set aside by life insurers to cover the policies they3803, by FAX at (801) 538-3829, or Internet E-mail at have sold to [emailprotected].

AUTHORIZED BY: Jilene Whitby, Information Specialist REGULAR BUSINESS HOURS, AT:

EFFECTIVE: 12/01/1998 Administration

ñ ñ

R590-162

FIVE-YEAR NOTICE OF REVIEW ANDSTATEMENT OF CONTINUATION

DAR FILE NO.: 21714FILED: 12/01/1998, 07:25

RECEIVED BY: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

CONCISE EXPLANATION OF THE PARTICULAR STATUTORYPROVISIONS UNDER WHICH THE RULE IS ENACTED AND HOW THESEPROVISIONS AUTHORIZE OR REQUIRE THE RULE: Subsection31A-17-503(2) allows the commissioner to define specificrequirements and any other items considered necessary tothe requirements of the insurance company’s actuarialopinion. Subsection 31A-17-503(3)(a) allows thecommissioner to set forth standards and guidelines for thestatement of the actuarial opinion submitted by the company.These guidelines are set forth in Subsection R590-162-6(C)of the rule.

SUMMARY OF WRITTEN COMMENTS RECEIVED DURING AND SINCETHE LAST FIVE-YEAR REVIEW OF THE RULE FROM INTERESTEDPERSONS SUPPORTING OR OPPOSING THE RULE: None.

standards of reporting and standards qualifying an actuary to

the specific contracts sold by the insured. Without these

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURING

Insurance

3110 State Office BuildingSalt Lake City, UT 84114, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Jilene Whitby at the above address, by phone at (801) 538-3803, by FAX at (801) 538-3829, or Internet E-mail [emailprotected].

AUTHORIZED BY: Jilene Whitby, Information Specialist

EFFECTIVE: 12/01/1998

ñ ñ

R590-163

FIVE-YEAR NOTICE OF REVIEW ANDSTATEMENT OF CONTINUATION

DAR FILE NO.: 21715FILED: 12/01/1998, 07:25

RECEIVED BY: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

CONCISE EXPLANATION OF THE PARTICULAR STATUTORYPROVISIONS UNDER WHICH THE RULE IS ENACTED AND HOW THESEPROVISIONS AUTHORIZE OR REQUIRE THE RULE: Subsection31A-2-201(3)(a) allows the Insurance Commissioner to makerules necessary to implement the provisions of Title 31A.Subsection 31A-2-202(1)(a) allows the Insurance

(PDF) OFFICIAL NOTICES OF UTAH STATE GOVERNMENTresponsible agency or to: Division of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114 1007, telephone (801) 538-3218, FAX (801) - PDFSLIDE.NET (135)

DAR File No. 21715 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION

UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 129

Commissioner to require from those they regulate, reportsand statements at regular intervals.

SUMMARY OF WRITTEN COMMENTS RECEIVED DURING AND SINCETHE LAST FIVE-YEAR REVIEW OF THE RULE FROM INTERESTEDPERSONS SUPPORTING OR OPPOSING THE RULE: None.

REASONED JUSTIFICATION FOR CONTINUATION OF THE RULE,INCLUDING REASONS WHY THE AGENCY DISAGREES WITHCOMMENTS IN OPPOSITION TO THE RULE, IF ANY: To better checkand regulate the financial stability of those insurancecompanies domiciled in Utah, the Commissioner requiresthat they provide quarterly financial statements to thedepartment.

THE FULL TEXT OF THIS RULE MAY BE INSPECTED, DURINGREGULAR BUSINESS HOURS, AT:

InsuranceAdministration3110 State Office BuildingSalt Lake City, UT 84114, orat the Division of Administrative Rules.

DIRECT QUESTIONS REGARDING THIS RULE TO:Jilene Whitby at the above address, by phone at (801) 538-3803, by FAX at (801) 538-3829, or Internet E-mail [emailprotected].

AUTHORIZED BY: Jilene Whitby, Information Specialist

EFFECTIVE: 12/01/1998

ñ ñ

End of the Five-Year Notices of Review and Statements of Continuation

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130 UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24

NOTICES OF RULE EFFECTIVE DATES

These are the effective dates of PROPOSED RULES or CHANGES IN PROPOSED RULES published in earlier editions ofthe Utah State Bulletin. These effective dates are at least 31 days and not more than 120 days after the date thefollowing rules were published.

Abbreviations Labor CommissionAMD = Amendment Occupational Safety and HealthCPR = Change in Proposed Rule No. 21453 (AMD): R614-1-4. Incorporation ofNEW = New Rule Federal Standards.R&R = Repeal and Reenact Published: October 1, 1998REP = Repeal Effective: December 2, 1998

Agriculture and FoodAnimal Industry Natural Resources

No. 21480 (AMD): R58-1-5. Cattle. Parks and RecreationPublished: October 15, 1998 No. 21493 (AMD): R651-206. Carrying PassengersEffective: November 17, 1998 for Hire.

CommerceOccupational and Professional Licensing No. 21494 (AMD): R651-224. Towed Devices.

No. 21481 (AMD): R156-65-502. Unprofessional Published: October 15, 1998Conduct. Effective: December 1, 1998Published: October 15, 1998Effective: November 17, 1998 No. 21495 (AMD): R651-227-1. Boating Safety

Environmental Quality Effective: December 1, 1998Air Quality

No. 21272 (AMD): R307-220-31. Section X, Basic Wildlife ResourcesInspection and Maintenance, Part A, General No. 21499 (AMD): R657-34. Procedures forRequirements and Applicability. Confirmation of Ordinances on Hunting Closures.Published: August 1, 1998 Published: October 15, 1998Effective: November 20, 1998 Effective: November 19, 1998

Financial Institutions Public Service CommissionAdministration Administration

No. 21479 (AMD): R331-22. Rule Governing No. 21450 (NEW): R746-360. Universal PublicReimbursem*nt of Costs of Financial Institutions for Telecommunications Service Support Fund.Production of Records. Published: October 1, 1998Published: October 15, 1998 Effective: November 25, 1998Effective: November 17, 1998

Human ServicesServices for People with Disabilities

No. 21477 (AMD): R539-1. Eligibility.Published: October 15, 1998Effective: November 24, 1998

Published: October 15, 1998Effective: December 1, 1998

Course Fees.Published: October 15, 1998

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UTAH STATE BULLETIN, December 15, 1998, Vol. 98, No. 24 131

RULES INDEXBY AGENCY (CODE NUMBER)

ANDBY KEYWORD (SUBJECT)

The Rules Index is a cumulative index that reflects all effective changes to Utah’s administrative rules. The currentIndex lists changes made effective from January 2, 1998, including notices of effective date received throughNovember 2, 1998, the effective dates of which are no later than November 15, 1998. The Rules Index is publishedin the Utah State Bulletin and in the annual Index of Changes. Nonsubstantive changes, while not published in theBulletin, do become part of the Utah Administrative Code (Code) and are included in this Index, as well as 120-Day(Emergency) rules that do not become part of the Code. The rules are indexed by Agency (Code Number) andKeyword (Subject).

DAR NOTE: Because of space constraints, neither Index is included in this Bulletin.

A copy of the Rules Index is available for public inspection at the Division of Administrative Rules (4120 State OfficeBuilding, Salt Lake City, UT), or may be viewed online at the Division’s web site (http://www.rules.state.ut.us/).

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