Beginning May 1, 2006 smoking can no longer be allowed in break rooms or similar locations in businesses that qualified for the previous exemption.

Existing break rooms and smoking areas are NOT "grandfathered/grandmothered in" and cannot allow smoking after May 1, 2006.

It is the responsibility of building and business owners to communicate the changes in the law to employees and to assure compliance with the 2006 Amendments.

Let your employees know that all existing indoor break rooms and smoking areas previously allowed will become smokefree on May 1, 2006.

Review current company smoking policies and modify them, if necessary, to reflect the latest changes in the Utah Indoor Clean Air Act.

Establish or reiterate the existing procedure that will be followed by managers and supervisors if there are violations of the Utah Indoor Clean Air Act by employees.

No. Effective May 1, 2006 all previously indoor non-publicly accessible workplaces that allowed smoking must become smoke free.

Not now but possibly in the future. Currently, as long as the current outside location is 25 feet away from building entrances, exits, air intakes, or open windows or at a entrance or exit that has double vestibule doors smoking can still be allowed at the present time if the building owner and company or organizational management approve it. However, this specific rule may change in the near future as the administrative rule is reviewed and revised to bring it in line with the 2006 changes in the law.

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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 can avoid being penalized. State and local health departments are readily available to address any questions you may have about the 2006 UICAA.