| Sections |
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26-38-1.
Title. |
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26-38-2.
Definitions. |
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26-38-3.
Restriction on smoking in public places and in specified
places -Exceptions. |
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26-38-3.5.
Smoking ban exemption for Native American ceremony. |
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26-38-4.
Adjoining private clubs and public places -- Grandfather
provisions. |
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26-38-5.
Nonpublic workplaces -- Smoking restrictions. |
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26-38-6.
Local ordinances. |
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26-38-7.
Enforcement action by proprietors. |
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26-38-8.
Penalties. |
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26-38-9.
Enforcement of chapter. |
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| 26-38-1.
Title. |
| This
chapter is known as the "Utah Indoor Clean Air Act." |
| 26-38-2.
Definitions. |
| As
used in this chapter: |
| (1)
|
"Place
of public access" means any enclosed indoor place
of business, commerce, banking,
financial service, or other service-related activity,
whether publicly or privately owned and
whether operated for profit or not, to which persons not
employed at the place of public
access have general and regular access or which the public
uses, including: |
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(a) |
buildings,
offices, shops, elevators, or restrooms; |
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(b) |
means
of transportation or common carrier waiting rooms; |
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(c) |
restaurants,
cafes, or cafeterias; |
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(d) |
taverns
or cabarets; |
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(e) |
shopping
malls, retail stores, grocery stores, or arcades; |
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(f) |
libraries, theaters, concert halls, museums, art galleries,
planetariums, historical sites,
auditoriums, or arenas; |
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(g) |
barber shops, hair salons, or laundromats; |
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(h) |
sports
or fitness facilities; |
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(i) |
common
areas of nursing homes, hospitals, resorts, hotels, motels,
"bed and breakfast"
lodging facilities, and other similar lodging facilities,
including the lobbies, hallways,
elevators, restaurants, cafeterias, other designated dining
areas, and restrooms of any
of these; |
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(j) |
any child care facility subject to licensure under this
title, including those operated in private
homes, when any child cared for under that license is
present; |
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(k) |
public
or private elementary or secondary school buildings and
educational facilities or the
property on which those facilities are located, but adults
may smoke in designated smoking
areas in private schools or educational facilities or
on the grounds of private schools or
facilities during nonschool hours; and |
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(l) |
any
area where the proprietor or manager of the area has posted
a conspicuous sign stating
"no smoking", "thank you for not smoking",
or similar statement. |
|
(2) |
"Private
club" means a private club licensed under Title 32A,
Chapter 5, Private Club
Liquor Licenses. |
| (3) |
"Publicly
owned building or office" means any enclosed indoor
place or portion of a place owned,
leased, or rented by any state, county, or municipal government,
or by any agency supported by
appropriation of, or by contracts or grants from, funds
derived from the collection of federal,
state, county, or municipal taxes. |
| (4) |
"Smoking"
means the possession of any lighted tobacco product in
any form. |
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| 26-38-3.
Restriction on smoking in public places and in specified
places -Exceptions. |
|
(1) |
Smoking
is prohibited in all enclosed indoor places of public
access and publicly owned
building and offices, except under Subsection (2). |
| (2) |
Subsection (1) does not apply to:
|
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(a) |
(i) |
any building owned, rented, leased, or otherwise operated
by a social, fraternal, or
religious organization when used solely by the organization
members or their guests
or families; or |
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(a) |
(ii) |
any facility rented or leased for private functions from
which the general public is
excluded and arrangements for the function are under the
control of the function sponsor; |
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(b) |
workplace smoking areas as provided in Section 26-38-5; |
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(c) |
areas not commonly open to the public of owner-operated
businesses having no employees
other than the owner-operator; |
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(d) |
guest rooms in hotels, motels, "bed and breakfast"
lodging facilities, and other similar lodging
facilities, but smoking is prohibited under Subsection
(1) in the common areas of these
facilities, including dining areas and lobby areas;
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(e) |
taverns, as defined in Section 32A-1-105; |
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(f) |
private clubs; and |
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(g)
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separate
enclosed smoking areas: |
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(i) |
located in the passenger terminals of an international
airport located in the city of the
first class; |
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(ii) |
vented directly to the outdoors; and |
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(iii) |
certified, by a heating, ventilation, and air conditioning
engineer licensed by the state,
to prevent the drift of any smoke to any nonsmoking area
of the terminal. |
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| 26-38-3.5.
Smoking ban exemption for Native American ceremony. |
| (1) |
A person is exempt from the restrictions of Section 26-38-3
if the person: |
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(a) |
is
a member of an American Indian tribe whose members are
recognized as eligible for the special programs and services
provided by the United States to American Indians who
are members of those tribes; |
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(b) |
is an American Indian who actively practices an American
Indian religion, the origin and interpretation of which
is from a traditional American Indian culture;
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(c) |
is smoking tobacco using the traditional pipe of an American
Indian tribal religious ceremony, of which tribe the person
is a member, and is smoking the pipe as part of that ceremony;
and |
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(d)
|
the ceremony is conducted by a pipe carrier, Indian spiritual
person, or medicine person recognized by the tribe
of which the person is a member and the Indian community.. |
| (2) |
This section takes precedence over Section 26-38-3. |
| (3) |
A religious ceremony using a traditional pipe under this
section is subject to any applicable state or local law,
except as provided in this section. |
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| 26-38-4.
Adjoining private clubs and public places -- Grandfather
provisions. |
| (1)
|
(a)
|
If
a private club and an adjoining place of public access
as described under Subsection (b)
share air space or ventilation on January 1, 1995, smoking
is prohibited in the place of public
access, but smoking is allowed in the private club under
Section 26-38-3. |
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(
b) |
Subsection (1)(a) applies to any place of public access
that: |
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(i)
|
on
January 1, 1995, is in operation or regarding which actual
physical construction has
begun; and |
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(ii) |
adjoins or will adjoin when completed a private club that
on January 1, 1995 is licensed
under Title 32A, Chapter 5, Private Club Liquor Licenses,
and is in operation. |
| (2)
|
If
a place of public access is not in operation or actual
physical construction of the place has not
begun on January 1, 1995, the place of public access may
not adjoin a private club that allows
smoking unless the place of public access: |
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(a)
|
is
separated from the adjoining private club by a continuous
physical barrier; |
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(b) |
does not share air space with the private club; and |
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(c) |
has ventilation completely separate from that of the private
club. |
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| 26-38-5.
Nonpublic workplaces -- Smoking restrictions. |
| (1) |
(a)
|
An employer who operates a workplace that is not a place
of public access or a publicly owned
building or office shall establish or negotiate through
the collective bargaining process a written
smoking policy before February 1, 1995, or within
30 days after becoming an employer subject
to this section. |
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(b)
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If the employer employs fewer than ten full-time employees
on a regular basis, the policy
need not be in writing. |
| (2) |
The policy shall: |
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(a) |
prohibit smoking in the workplace; |
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(
b) |
restrict smoking to designated enclosed smoking areas;
or |
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(c) |
permit smoking in designated unenclosed smoking areas
if the layout of the workplace prevents
smoke in the work areas of all nonsmoking employees in
the workplace, and 3/4 of the
employees in the workplace agree. |
| (3) |
If the local health department determines the smoking
areas designated under Subsection
(2)(b) or (c) do not effectively prevent smoke in the
work areas of nonsmoking employees,
the local health department shall require that the employer
prohibit smoking in the workplace
through a hearing procedure under Section 26-38-9. |
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| 26-38-6.
Local ordinances. |
This chapter supersedes any ordinance enacted
by the governing body of a political subdivision that
restricts smoking and that is not essentially identical
to the provisions of this chapter.
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| 26-38-7.
Enforcement action by proprietors. |
| (1) |
An owner or the agent or employee of the
owner of a place where smoking is prohibited under
Subsections 26-38-3(1) who observes a person in possession
of a lighted tobacco product in
apparent violation of this chapter shall request the person
to extinguish the tobacco product. |
| (2) |
If the person fails to comply, the proprietor
or the agent or employee of the proprietor shall ask
the person to leave the premises. |
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| 26-38-8.
Penalties. |
| (1) |
A first violation of Section 26-38-3, 26-38-4, or 26-38-5
is subject to a civil penalty of not
more than $100. |
| (2)
|
Any
second or subsequent violation of Section 26-38-3, 26-38-4,
or 26-38-5 is subject to a
civil penalty of not less than $100 and not more than
$500. |
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| 26-38-9.
Enforcement of chapter. |
| (1) |
The state Department of Health and local
health departments shall: |
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(a) |
enforce this chapter and shall coordinate
their efforts to promote the most
effective enforcement of this chapter; and |
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(b) |
impose the penalties under Subsection 26-38-8
in accordance with this section. |
| (2) |
When enforcing this chapter, the state
Department of Health and the local health
departments shall notify persons of alleged violations
of this chapter, conduct
hearings, and impose penalties in accordance with
Title 63, Chapter 46b,
Administrative Procedures Act.
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| (3) |
Civil penalties collected under this section
by:
|
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(a) |
a local health department shall be paid
to the treasurer of the county in which the
violation was committed; and |
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(b) |
the state Department of Health shall
be deposited in the General Fund. |
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*See
also Rule R392-510-1 through 16 Utah Indoor Clean Air
Act
(The statute and
rule both include requirements building owners, company
managers, supervisors, employees, and visitors must comply
with) |
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