Penalties for Violating the Utah Indoor Clean Air Act
The Utah Indoor Clean Air Act
The Utah Indoor Clean Air Act protects Utahns and visitors to the state from toxic effects of secondhand tobacco smoke. Generally speaking smoking is prohibited in all workplaces and places of public access. This applies to both government owned and privately owned buildings. In addition, smoking is not allowed within 25 feet of any entry, exit, open window, or air intake of buildings.
Who Enforces the Utah Indoor Clean Air Act?
The state and local health departments have the authority to enforce the Utah Indoor Clean Air Act. Local law enforcement agencies do not have the authority to enforce the Act but may become involved if persons violating the Act are instructed to extinguish a lighted tobacco product or to leave an establishment, but refuse to do either, in which case they have the authority to enforce trespassing, disorderly conduct, or similar laws that may apply.
Penalties for Violating the Act
Civil monetary penalties can be assessed by state and local health departments on those person who violate provisions of the UICAA.
First Violation. For the first violation of Section 26-38-3 a civil penalty of up to $100 may be imposed. §26-38-8.
Second or Subsequent Violations. For second or subsequent violations the individual is subject to a penalty of not less than $100 and not more than $500. §26-38-8.
Additional Penalties. Businesses, agencies, organizations, or individuals that do not abide by UICAA requirements and fail to respond to orders by state and local health department to comply may also be subject to a civil penalty of up to $10,000 (which can be assessed on a per occurrence basis). In addition, persons, associations, corporations, or their officers who violate lawful orders of a health department are subject to Class B and A Misdemeanor criminal charges as well as revocation or non renewal of permits licenses, or certificates. Specific information can be found at §26-23-6.
You Can Avoid Penalties
By carefully reviewing the requirements of the UICAA statue and administrative rule, businesses and organizations can avoid being penalized while at the same time providing a healthy environment for workers, customers, and visitors.
State and local health departments are readily available to address any questions you may have about the UICAA. For assistance you may also visit the Utah Tobacco Prevention and Control Program website at: http://www.tobaccofreeutah.org/uicaa.html or call 1.877.220.3466.