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| 2006
and 2007 Utah Indoor Clean Air Act Amendments-
Social,
Fraternal, and Religious Organizations
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| The
Utah Indoor Clean Air Act (UICAA) provides additional
protection for members of certain fraternal, social,
and religious organizations. The January 1995 version
of the Act exempted these organizations from the general
requirement that places of public access be smoke free.
Effective May 1, 2006, smoking is prohibited in any
building owned, rented, leased or otherwise operated
by social, fraternal, and religious organizations at
all times.
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| What
it Means |
| Beginning
May 1, 2006, smoking will no longer be allowed inside
buildings used by social, fraternal, or religious organizations.
Organizations should take steps to assure that all members
and their guests are aware of the new policy.
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| Social,
Fraternal, and Religious Organization Questions |
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How
do we make sure we are in compliance? |
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It is important to notify membership of the changes.
If you rent or lease your facility for private
functions to caterers, event planners, wedding
parties, etc., make sure the party holding the
event is aware that smoking is not allowed.
Posting no smoking signs is another method that
can be used to help remind members that smoking
is not allowed.
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If our fraternal group also has a Class B private
club license, can we still allow smoking? |
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Organizations
that hold a Class B private club license issued
by the Utah Department of Alcoholic Beverage Control
(DABC) may still allow smoking in the geographical
area of a building designated by the DABC as the
private club until January 1, 2009 if they were
licensed on or before May 15, 2006 or licensed
on or before May 15, 2006 and after May 15, 2006
undergo a change in ownershop at which time they
must become smoke-free. The 2007 amdendments
to the Act also prohibit anyone under the age
of 21 in Class B private clubs that allow smoking.
Active military personnel with appropriate ID
who are under 21 are exempt from this requirement.
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We
have a meeting room in our building that is not
part of our Class B private club. Can we allow smoking
in that location when we hold weddings or other
social gatherings there? |
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No.
Beginning May 1, 2006, all private functions that
are not held in a Class B private club designated
area, as indicated by the Department of Alcoholic
Beverage Control license, must become smoke free.
This applies to members as well as anyone who
rents or leases the space for weddings, conventions,
meetings, or conducts similar business in the
non-private club area of a building or facility.
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What
are the penalties for violating the Utah Indoor
Clean Air Act? |
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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 UICAA
statute and administrative rule, businesses and
organizations can avoid being penalized. State
and local health departments are readily available
to address any questions you may have about the
2006 UICAA.
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| 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.
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| Who
Do I Contact If I Have Additional Questions or Concerns? |
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state and local health departments are available to
field any questions o r concerns you may have. Contact
information can be found at:
http://www.tobaccofreeutah.org/uicaa-busguide-county_resources.htm
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| To
Learn More About the 2006 and 2007 Utah Indoor Clean Air
Act Amendments |
For
more information about the UICAA, go to:
http://www.tobaccofreeutah.org/2006uicaa.html |
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