2006
Utah Indoor Clean Air Act Amendments-
Child
Care Facilities
|
The
2006 Utah Indoor Clean Air Act amendments provide additional
protection for children cared for at child care facilities,
inlcuding homes.
Previously, the law only covered those businesses and
facilities governed by Section
26-39-102.
Effective May 1, 2006 all child care including child
care that is not subject to licensure under Section
26-39-102 must prohibit smoking when any child under
care, other than the child of the provider, is present.
|
 |
| What
it Means |
| Beginning
May 1, 2006 all child care providers must take steps
to prevent smoking by employees, parents, or others
who are present in the facility or home when any child
under care, other than the child of the provider, is
present. If the place is a private home, there must
be no smoking inside during child care hours.
|
| Child
Care Questions |
|
 |
What
am I required to do? |
| |
Beginning
on May 1, 2006, child care providers must prohibit
smoking in the facility or home in which they are
providing care. Signs indicating the no-smoking
requirement must also be posted at the facility
or home used to provide care.
|
|
Do
I have to comply with the changes if I am not licensed
by the state to provide child care? |
| |
Yes.
The change in the law specifically applies to
all child care even child care that is not provided
by a certified or licensed provider.
|
|
Do
the changes in the law mean I can't smoke in my
own home? |
| |
Yes.
If the facility you are providing care in is your
home (including when someone else is living in
the home) no smoking is allowed while any child,
other than your child, is present. Discuss this
with family members so everyone understands the
requirement.
|
|
What
do I do if someone smokes in my home or facility
where I am caring for children? |
| |
Section
26-38-7 requires you to inform employees, parents,
and visitors that the law prohibits smoking in the
facility. If the person does not stop, you are required
to ask them to leave the facility (and the premises
if that is your choice as the property owner or
manager.) In the unlikely case that a person fails
to leave, consider calling local law enforcement
for assistance.
|
|
What
are the penalties for violating the Utah Indoor
Clean Air Act? |
| |
Civil
monetary penalties can be assessed by state and
local health departments on those persons who
violate provisions of the UICAA. For a first violation
of Section 26-38-3 a civil penalty of up to $100
may be imposed. For a second or subsequent violation
the individual is subject to a penalty of not
less than $100 and not more than $500.
Failure
to abide by the Utah Indoor Clean Air Act requirements
and failure to respond to orders by state or local
health departments to comply may also be subject
to civil penalty of up to $5,000 (which can be
assessed on a per occurrence basis) and class
B and A misdemeanor criminal penalties according
to Section 26-23-6 .
By
carefully reviewing requirements of the Utah Indoor
Clean Air Act statute and administrative rule,
penalties can be avoided. State and local health
departments are available to address any questions
you may have.
|
|
| Need
Signs? |
|
Signs are an easy way to
let employees and visitors know what
the smoking policy of a place is. To order signs go
to:
PDF version (faxable):
http://www.tobaccofreeutah.org/smokefreesignorderform.pdf
Word version (email): http://www.tobaccofreeutah.org/smokefreeorderform.doc
There is no charge. Quantities may be limited.
|
| Who
Do I Contact If I Have Additional Questions or Concerns? |
| Your
state and local health departments are available to
field any questions or concerns you may have. Contact
information can be found at:
http://www.tobaccofreeutah.org/uicaa-busguide-county_resources.htm
|
| To
Learn More About the 2006 Utah Indoor Clean Air Act Amendments |
For
more information about the Utah Indoor Clean Air Act go
to:
http://www.tobaccofreeutah.org/2006uicaa.html |
