One of the most important steps administrators can take before May 1, 2006 is to develop and disseminate a written smoking policy to all employees notifying them about the changes and the consequences for violating the policy and law. In addition, take appropriate action, such as posting signs, to let parents and visitors to your campus know about the change in the law. Sample policies and additional information are available in the School's Guide to Comprehensive Tobacco Control which can be found at:

http://www.tobaccofreeutah.org/schoolguide.pdf

Yes. Charter schools fall under the same regulations as public schools.

If you are an employee and believe there is a violation you may inform the person that smoking is prohibited on the premises, You may also contact your supervisor to report the problem. If you feel your concerns are ignored or if you feel uncomfortable talking with your administrators, contact your local health department directly and they will send out a staff member to investigate your complaint. Contact information for local health departments is listed below.

If anyone in an administrative role receives a complaint that someone is smoking, they should respond as quickly as possible. If they observe a person smoking they should first ask the person to extinguish the cigarette or cigar. If the person refuses they should ask the person to leave the premises. At their discretion, or according to school policy, they may also want to contact local law enforcement if the person refuses to leave.

If it is determined that an employee has been violating the Act, the administrator should consult with the employee to make them aware of the no-smoking requirement of the Utah Indoor Clean Air Act (and the school tobacco policy if the school has one). Beyond being subject to the civil penalties issued by a local health department, employees who continue to violate the smoking policy of their school may also be subject to penalties for violating school policy.

Under the Utah Indoor Clean Air Act, if an administrator doesn't take any action to try to stop smoking, they are subject to applicable penalties according to Section 26-23-6.

They may be affected if adults have been previously allowed to smoke in those locations. Under the 2006 amendments to the Utah Indoor Clean Air Act no smoking is allowed in any elementary and secondary school educational facilities or the premises on which they are located. Posting of appropriate signs and occasional public address announcements at events can help make spectators aware of the policy. This action may be particularly important in those school districts that hold events with out-of-state schools.

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, penalties can be avoided. State and local health departments are readily available to address any questions you may have about the 2006 UICAA.