Utah Tobacco Laws

Second Hand Smoke Amendments

What Are the Second Hand Smoke Amendments?

The Second Hand Smoke Amendments are actually a series of various existing statutes that primarily relate to apartments, condominiums, and nuisance laws. 

It is important to note that beyond an individual being able to propose changes in apartment or condominium smoking policies via lease agreements or association policies, some of the amendments may necessitate a person's seeking assistance from their legal advisor.

The information provided is for educational and informational purposes only and is not meant to replace advice from your legal advisor.

The Amendments:

 dark blue box Give authority to condominium associations to restrict smoking in
units, common areas, and yard space §57-8-16-7(a),(b)

 dark blue box Give authority for apartment rental contracts to include prohibitions
on smoking in units, on the premises, or both. §57-22-5-1(h)

 dark blue box Establish that any tobacco smoke that drifts into any residential
unit a person rents, lease, or owns is a nuisance under the law. 

dark blue box Provide that residents of condominiums, apartment, or private
homes may seek injunctive relief and/or damages if exposed to
nuisance tobacco smoke. §78B-1101(3)

 dark blue box Exempt rental units, such as for vacations, or available for only
30 days or less at a time, from the nuisance tobacco provisions.
§78B-6-1101(5).  These units are not exempt from restrictions
placed by a condominium association. §57-8-16-7(a),(b).

 dark blue box Provide authority for an apartment renter to file a nuisance
action under §78B-6-1101 even if the renter has signed away
his rights to file a nuisance in a rental contract.


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