KSL News today, March 3, 2010, brought to light the fact that Utah Apartment Association is actively attempting to conceal from prospective renters, the fact that the apartment or house they may wish to rent is a former contaminated meth house. According to this story, letters were sent out by Paul Smith, executive director of the UAA, to meth decontamination businesses in Utah. In the letter, the specialists are told that they are to “comply” with the new Utah Code section 57-26-201(2)(a) that basically states that apartment owners do not have the obligation to report to the government, or Utah Dept. of Health, that the unit has been contaminated by meth users and/or manufacturers. This provision reads:

“If an owner’s or lessor’s real property is contaminated from the use, storage, or manufacture of methamphetamines, the owner or lessor may report the contaminated property to a government agency responsible for monitoring the decontamination process and documenting that the test results meet decontamination standards.”

The letter goes on to state that if the decontamination specialist wishes to be placed on a list of specialists that the 2500 member-strong UAA will endorse and/or use, that the decontamination expert needs to acknowledge in writing that they will “follow state law” by affirmatively NOT disclosing the existence of a unit’s contamination to the Utah Health Dept. without the landlord’s express permission. Failure to do so, according to the letter, will result in the vendor being black listed. According to the letter: “If you do not agree or fail to respond, we will place you on the list on vendors not recommended.”

So, does “following the law” under Utah Code 57-26-201(2)(a) mean that a decontamination specialist can only advise the Utah Dept. of Health of the existence of meth-contaminated property if the landlord agrees? The answer is: only under UAA’s twisted interpretation of the law.

Clearly under Utah law, decontamination specialists can advise whomever they want of the existence of a meth-contaminated property. In other words, they don’t need the property owner’s permission. Or, they can go along with the UAA coerced cover-up and become accessories in hiding the meth-use history of a property and in allowing unsuspecting persons to move into a house or unit that could very well turn out to be unfit for human habitation.

Ron Kramer is a Utah chemical poisoning lawyer with offices in Bountiful, Draper and Provo, Utah.

Utah County Sheriff’s officers continue their search for one of the six men who went overboard when their boat capsized on Monday, June 22. Five of the men have been successfully recovered but one man is still missing.

The six men launched from American Fork boat harbor for an afternoon of fishing. Around 5:45 pm the boat was hit by big waves near the American Fork and Provo Boat marinas. The boat eventually capsized forcing all six men into the water. One man swam for about three hours to the shore near Sleepy Ridge Golf Course where he called for help. Searchers found two other men in reeds around the same area and two more were found about a half-mile from the shore.

“The five men who have been recovered had either life jackets or a seat cushion,” said Lt. Dennis Harris of the Utah County Sheriff’s Office.

A total of 65 people searched for the men with helicopters, an airplane and 10 boats reports KSL News. The current water temperature is 63 to 65 degrees but Harris says the lakes conditions change quickly and can be very treacherous. I wish the rescue crews success as they continue to search for this missing man.

Video Courtesy of KSL.com

This story reminds us that lake conditions can change very quickly and that it is essential that all passengers on boats have ready access to life jackets. It is also helpful to have a radio or phone so that as conditions worsen, calls can be made to advise others of our location and situation.

Ron Kramer is an attorney that does accident and injury law, including boat accident cases in Utah County, Salt Lake County and other areas of the state.