(A) The Board of Health shall make such rules and regulations, pursuant to UCA § 26A-1-121 of the Local Health Department Act and UCA Title 19, the Environmental Quality Code. Such rules and regulations shall have the force and effect of law if they are finally adopted by the Board of Health, after proper public notice and an opportunity for hearing is given.
(B) The county’s Board of Health may make standards and regulations:
(1) Not in conflict with rules of the Departments of Health and Environmental Quality; and
(2) Necessary for the promotion of public health, environmental health quality, injury control and the prevention of outbreaks and spread of communicable and infectious diseases.
(C) The standards and regulations enacted by the county’s Board of Health:
(1) Supersede existing local standards, regulations and ordinances pertaining to similar subject matter; and
(2) Except as provided under division (D) below and except where specifically allowed by federal law or state statute, may not be more stringent than those established by federal law, state statute or administrative rules adopted by the state’s Department of Health in accordance with UCA Title 63G, Ch. 3, the state’s Administrative Rulemaking Act.
(D) (1) The county’s Board of Health may make standards and regulations more stringent than corresponding federal law, state statute or state administrative rules for the purposes described in division (B) above, only if the Board makes a written finding after public comment and hearing and based on evidence in the record, that corresponding federal laws, state statutes or state administrative rules are not adequate to protect public health and the environment.
(2) The findings shall address the public health information and studies contained in the record, which form the basis for the Board’s conclusion.
(Ord. 2018-01, passed - -2018)