Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-18-3 - Plan Review, Permits, Hearings, Notices and Orders3.1. Plan Review 3.1.a. Except as provided in paragraph 3.1.a.1 of this section, whenever a facility governed under the scope of this rule is constructed or extensively remodeled and whenever an existing structure is converted to use as one of the facilities governed under this rule, the owner or operator shall submit plans and specifications for the construction, remodeling, or conversion to the health officer for review and approval at least forty-five (45) days before construction, remodeling, or conversion is begun. 3.1.a.1. This section does not apply to colleges and universities or to public restrooms unless the public restroom is included as part of a facility governed under this rule.3.1.a.2. Once completed plans are received by the health officer, the health officer shall review the plans within a period of time not to exceed forty-five (45) days.3.2. Permit to Operate 3.2.a. Except as provided in paragraph 3.2.a.1 of this subdivision, no person shall operate a facility governed by this rule who does not possess a valid permit issued to him or her by the health officer. 3.2.a.1. This provision shall not apply to colleges and universities or to the operation of a public restroom unless it is included as part of a facility governed under this rule.3.2.b. The applicant shall submit a written application for a permit to operate a facility governed by this rule to the health officer on a form prescribed by the health officer and signed by the applicant or his or her authorized representative.3.2.c. The applicant shall submit to the health officer an application for a permit at least fifteen (15) days before the actual or proposed operation of the facility is to be effected.3.2.d. Prior to approving the application for a permit, the health officer shall inspect the proposed facility to determine compliance with this rule. Only persons who comply with the applicable provisions of this rule are entitled to a permit.3.2.e. Facilities governed by this rule, in operation at the time this rule becomes effective, and meeting all applicable prior rules are eligible for a permit to operate, provided that the facility shall meet the applicable operational requirements of this rule, and, provided further, that any construction taking place after the effective date of this rule shall be in compliance with this rule and other applicable design standards and rules.3.2.f. Permits are not transferable or assignable and automatically become invalid upon a change of ownership of the facility or upon suspension or revocation of the permit.3.2.g. A permit to operate expires at midnight on the 30th day of June following the date of issuance.3.2.h. The applicant shall submit to the health officer an application for the renewal of a permit at least fifteen (15) days prior to the expiration date of the existing permit.3.2.i. In the event of an intended change or an actual change in ownership of a facility, an applicant shall submit an application for a permit to operate to the health officer at least 15 days before the proposed or actual change is affected.3.2.j. The health officer may suspend or revoke a permit if he or she finds that the facility is being maintained or operated in violation of this rule.3.2.k. The health officer may revoke a permit to operate for repeated or serious violations of any of the requirements of this rule or for interference with the health officer in the performance of his or her duties.3.2.l. The health officer shall not reinstate a permit to operate until he or she determines by an inspection that the facility is in compliance with all applicable provisions of this rule and any orders, rules or instructions issued by the health officer.3.2.m. The operator shall post the operational permit in a conspicuous place within the facility, and the permit shall be readily available to the health officer.3.3. Hearings, Notices and Orders. 3.3.a. Whenever the health officer makes an inspection of a facility and discovers that any of the provisions of this rule have been violated, he or she shall notify the operator of the violations by means of an inspection report form or other written notice. The operator shall correct the violations within the time specified in the notice.3.3.b. Whenever the health officer finds that any facility governed by this rule constitutes an imminent hazard to public health, he or she may, without notice or hearing, issue a written order to the operator or person in charge citing the existence of the condition and requiring action to be taken to remedy the condition, including the suspension of the permit to operate. Notwithstanding any other provision of this rule, the order is effective immediately.3.3.b.1. Any person to whom the order is directed shall comply with the order immediately, but upon written petition to the health officer shall be afforded a hearing on the matter as set forth in subdivision 3.3.c. of this rule.3.3.c. Any person whose application for a permit to operate a facility governed by this rule has been denied, or whose permit has been suspended or revoked, may submit a written petition to the health officer requesting a hearing on the matter. The health officer shall grant a hearing on the matter within ten (10) days after he or she has received the written petition.3.3.d. The filing of a petition for a hearing on a permit denial, suspension, or revocation shall not stay or suspend the execution of the notice or order resulting in the permit denial, suspension, or revocation.