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)

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.

It depends on what type of private club license the facility has and when the establishment was licensed. The easiest way to determine the smoking status of a site is to ask the proprietor of the facility what the status is.

In a nutshell:

All Class A (Country Club), B (Fraternal), and C (Dining Club where food sales make up at least 50% of receipts) are required to be smoke free by January 1, 2007.

If the event is held in a Class D (Dining Club where food sales make up less than 50% of receipts) smoking is prohibited beginning January 1, 2009. If the license was issued after May 15, 2006, the facility must be smoke free when it opens for business.

If the event is held in a tavern, smoking is prohibited beginning January 1, 2009. If the license was issued after May 15, 2006, the facility must be smoke free when it opens for business.

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.

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.