14-21-070 RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY: Violence

No facility shall be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals in the facility or result in substantial physical damage to the property. In order to implement this requirement, prior to being issued a business license, and annually thereafter, the owner/operator/licensee shall: a. Provide a copy of their state license showing the facility classified as level 1 or level 2 as set forth in the Small Health Care Facility Rules as promulgated by the State of Utah, Department of Health Care Licensing. i. Persons placed in a level 2 facility shall be deemed non-violent or nonthreatening and shall be permitted with no further requirements. ii. Individuals placed in a level 1 facility shall produce, through the operator of the facility, a certificated issued by appropriate medical professionals and based upon professional evaluations such as the ICAP, MMPI, and/or such other resources, including a potential patient’s behavioral history, as may be available to the medical or other mental health professional, which certificate shall indicate that the person is not violent, nor a direct threat to the safety of the property or any other person at the time of placement. Production of the certificate required by this section shall be a prerequisite to the obtaining of the business license required by this chapter. Each new resident shall also provide said certificate in order for the facility to be eligible to renew its business license. iii. A patient’s or resident’s name does not need to be disclosed on any medical certificate required hereunder. iv. A level 1 Residential Facility shall not be located within 1320 feet of a public school or a church, unless written consent is given by the school district or the church.