| 2006
Utah Indoor Clean Air Act Amendments-
Private
Functions
|
| The
2006 Utah Indoor Clean Air Act Amendments provide protection
from secondhand smoke at private social functions.
Previously, the law exempted these functions from the
general Utah Indoor Clean Air Act requirement as long
as the event was limited to invited guests, and the
general public was excluded.
Effective May 1, 2006 smoking is prohibited in all facilities
rented or leased for private functions even if the general
public is excluded. |
|
| What
it Means |
| Since
May 1, 2006 smoking is no longer allowed inside buildings
at private functions, including wedding parties, conventions,
conferences, business meetings and birthday parties
that are held at reception centers, hotels, or other
meeting facilities.
|
| Private
Function Questions |
 |
What
am I required to do to comply with the new law? |
| |
If you are sponsoring a private social function
assure that participants do not smoke inside facilities
where these events are taking place. Publicly
accessible buildings that are leased or rented
for private functions should be appropriately
signed to indicate that no smoking is allowed
as per administrative rule R392-510-13(1)(a)
|
|
What do I do if someone
at an event smokes? |
| |
You
should politely let the person know that the Utah
Indoor Clean Air Act does not allow smoking inside
at the event and ask them to either extinguish
their cigarette or go outside. The current rule,
R392-510-9, generally requires no-smoking areas
within 25 feet of an entrance, exit, open window,
or air intake of a building so it will be important
to inform guests who choose to go outside to this
rule as well.
|
|
If we hold the event in a private club or tavern
can we still allow smoking? |
| |
No. Beginning in 2006 and
terminating January 1, 2009 smoking in Utah clubs
and taverns was phased out. At present there
is no smoking allowed in any of these types of
businesses or on outdoor patios within 25 feet
of an open window, air intake, entry way, or exit
to these businesses.
|
|
Does
the restriction on smoking at private functions
apply if I hold the event in my home? |
| |
Probably
not. The Utah Indoor Clean Air Act only applies
to facilities rented or leased for private
functions from which the general public is excluded.
If you are renting your home out to someone else
to provide a private function, the Utah Indoor
Clean Air Act applies.
|
|
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 $10,000 (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 UICAA.
|
|
| 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 Amendments to the Utah Indoor
Clean Air Act |
For
more information about the UICAA, go to:
http://www.tobaccofreeutah.org/2006uicaa.html |
