Title 50, Title 50

(1) A person violating a provision of this chapter or a rule made under it is guilty of a misdemeanor and upon conviction shall be fined an amount not less than $50 or more than $100 for the first offense and an amount not less than $75 or more than $200 for the second offense, a…

The department or a local board of health may petition the district court to enjoin any action in violation of this chapter or of a rule adopted by the department pursuant to this chapter.

(1) An establishment that violates this chapter or rules adopted by the department pursuant to this chapter is subject to a civil penalty not to exceed $500. (2) Civil action to impose penalties, as provided under this section, does not bar injunctions to enforce compliance with …

In a civil action initiated by the department or county under this chapter, the court may, by petition of the department or county, order an establishment that is found in violation of this chapter or rules adopted under this chapter to pay the costs of investigations and any oth…

(1) Application for a license is made to the department on forms containing information required by the department. (2) The department may not issue a license unless it has been validated by the local health officer or, if there is no local health officer, the sanitarian in the c…

(1) (a) Each application for a new license required under 50-52-103 or a license renewal must be accompanied by a fee as provided in subsection (1)(b). (b) License fees are: (i) $80 annually for a campground or trailer court with no more than 10 spaces available for rental; (ii) …

(1) Except as provided in subsection (2), licenses expire on December 31 of the year in which they are issued unless canceled for cause. (2) The department may amend or issue licenses to provide for staggered expiration dates. The department may provide for initial license terms …

Before June 1 of each year, the local board of health shall submit to the department a list of the establishments in each jurisdiction which are licensed under this part.

The department may cancel a license if it finds, after proper investigation, that the licensee has violated this chapter or a rule effective under this chapter and the licensee has failed or refused to remedy or correct the violation.

Submission to the department of an acceptable plan of correction within 10 days after receipt from the department of written notice of violation and execution of an acceptable plan within the time prescribed in the written notice of approval of the plan by the department shall be…

A license may not be denied or canceled by the department without delivery to the applicant or licensee of a written statement of the grounds for denial or cancellation or the charge involved and an opportunity to answer at a hearing before the department to show cause, if any, w…

(1) A license issued by the department under this chapter is not valid until signed by the local health officer in the county where the establishment is located. (2) The local health officer shall, within 15 days after the department has notified the local health officer of its d…

(1) The local health officer may refuse to validate a license issued under this chapter only upon a finding that the requirements of this chapter and any rules implementing it are not satisfied. If the local health officer refuses to validate the license, the officer shall notify…

There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under it.

(1) The department shall renew licenses as a matter of right, unless conditions exist that are grounds for cancellation or denial of a license. (2) Renewal may be obtained annually by paying the required annual license fee.

State and local health officers, sanitarians-in-training, and registered sanitarians shall make investigations and inspections of establishments and make reports to the department as required under rules adopted by the department.

(1) Before June 30 of each year, the department shall pay to a local board of health, as established under 50-2-104, 50-2-106, or 50-2-107, an amount from the local board inspection fund account created in 50-2-108 that must be used only for the purpose of inspecting establishmen…

State and local health officers, sanitarians-in-training, and registered sanitarians must be provided free access to establishments at all reasonable hours for the purpose of conducting investigations and inspections as required under this chapter.

It is the public policy of this state to regulate public swimming pools and public bathing places to protect public health and safety.

As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply: (1) "Department" means the department of public health and human services provided for in 2-15-2201. (2) "Lazy river" means a constructed watercourse through which people tra…

(1) The department shall adopt rules relating to the operation of public swimming pools and public bathing places, including rules: (a) setting standards to ensure sanitation and safety in public swimming pools and public bathing places to protect public health and safety; (b) im…

Authorized employees of the department and local boards of health may: (1) at reasonable times inspect public swimming pools and public bathing places and otherwise conduct investigations to determine if provisions of this chapter and rules of the department have been or are bein…

The department may publish reports of inspections authorized by 50-53-104(1).

Each person operating a public swimming pool or public bathing place shall: (1) operate the pool or public bathing place in a sanitary and safe manner; (2) keep records of public health and safety information required by the department; (3) furnish information to the department o…

(1) Public swimming pools and public bathing places, including pool structures, methods of operation, source of water supply, methods of water purification, lifesaving apparatus, safety measures for bathers, and personal cleanliness measures for bathers, must be sanitary, healthf…

The construction or operation of a public swimming pool or public bathing place contrary to the provisions of this chapter or rules adopted by the department under the provisions of this chapter is a public nuisance and dangerous to public health and safety.

A person who violates this chapter or rules adopted by the department under the provisions of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $25 or more than $500, imprisonment for not more than 6 months, or both. Each day tha…

In addition to the other requirements of this chapter and rules promulgated under this chapter, flow-through hot springs pools must meet the following requirements: (1) The temperature of the pool water must be 106 degrees F or less. (2) The water must have sufficient clarity at …

(1) A person may not operate a public swimming pool or public bathing place without annually obtaining a license from the department. (2) A license is required for each separate public swimming pool or public bathing place. A public swimming pool is separate if: (a) its water doe…

(1) An application for both an original and renewal license to operate a public swimming pool or public bathing place must be made to the department, must contain the information required by the department, and must be accompanied by the fee provided for in 50-53-203. (2) A licen…

(1) (a) Except as provided in subsection (1)(b), each application for an original or renewal license must be accompanied by a license fee of $225 for a seasonal public swimming pool or $325 for a year-round public swimming pool. (b) Each application for an original or renewal lic…

(1) A license issued under part 1 and this part expires on December 31 of the year of issuance unless it is suspended or canceled by the department before that date. (2) A license issued under part 1 and this part is not transferable.

(1) (a) If the local board of health conducts its own inspections and enforcement activities for the public swimming pools and public bathing places within its jurisdiction, a license issued by the department under part 1 and this part is not valid until it is signed by the local…

(1) A local health officer may refuse to validate a license issued by the department under part 1 and this part only if the officer determines that the license applicant has not met the requirements for the issuance of a license under part 1, this part, and department rules. If t…

(1) The department may enter into cooperative agreements with local boards of health to authorize those boards to act as agents of the department and to conduct inspections of and enforce applicable statutes and department rules relating to public swimming pools and public bathin…

(1) The department may deny, suspend, or cancel a license if it finds that the license applicant or licensee has violated part 1, this part, or department rules and has failed or refused to remedy or correct the violation in accordance with the procedure provided in 50-53-213. (2…

(1) A license may not be denied, suspended, or canceled or corrective action may not be ordered by the department unless the department delivers to the license applicant or licensee a written notice of violation that contains a written statement of the facts constituting the viol…

The department may not deny, suspend, or cancel the license or require corrective action of an operator of a public swimming pool or public bathing place who received a notice of violation from the department pursuant to 50-53-212 if: (1) the operator submits a plan to correct th…

Upon cancellation of a license or the right to operate one or more public swimming pools under a single license for the premises, the operator of the public swimming pool shall return the license to the department for destruction of the license or deletion of the listing of the p…

(1) A person who violates a provision of part 1, this part, department rules implementing those sections, an order of the department, or any condition of a license issued by the department is subject to a civil penalty not to exceed $500 for each violation. (2) An action for coll…

In a civil or criminal action brought by the department or a local jurisdiction to enforce the requirements of part 1 and this part, the rules of the department, or any condition of a license or to assess civil penalties and in an action brought by the department to enforce an or…

(1) By June 30 of each year, the department shall pay to a local board of health established under 50-2-104, 50-2-106, or 50-2-107 an amount from the local board inspection fund account, created by 50-2-108, for the purpose of inspecting public swimming pools and public bathing p…

This chapter provides for the licensure and regulation of wholesale food establishments to prevent and eliminate conditions and practices that endanger public health.

Unless the context clearly requires otherwise, in this chapter the following definitions apply: (1) "Consumer" means a person who: (a) is a member of the public; (b) takes possession of food; (c) is not functioning in the capacity of an operator of an establishment; and (d) does …

(1) The department shall adopt rules relating to the operation of establishments, including rules: (a) setting standards to ensure sanitation and safety in establishments to protect public health and safety; (b) relating to the licensing of establishments; (c) providing procedure…

The department may enter into cooperative agreements with other state agencies and political subdivisions of the state to carry out the provisions of this chapter.