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| What
the Second Hand Smoke Amendments Do |
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Give
authority to condominium associations to restrict smoking
in units, common areas and facilities. Common areas includes
yard space.
Utah
Code Unannotated §57-8-16-7(a) and (b)
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Give
authority for apartment and rental contracts to include
prohibitions on smoking in units, on the premises, or
both.
Utah
Code Unannotated §57-22-5-1(h).
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Establish
that any tobacco smoke that drifts into any residential
unit a person rents, leases, or owns is a nuisance under
the law. The smoke must drift in more than once in each
of two or more consecutive seven day periods.
Utah
Code Unnanotated §78B-6-1101(3) [previously
§78-38-1(3)].
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Note:
"Nuisances" are resolved through a civil court
process, not by reporting the condition to the police
or the health department. For most people this will require
that they consult with their legal advisor on how to proceed.
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Provide
that residents of condominiums, apartments, or private
homes may seek injunctive relief or damage if exposed
to nuisance tobacco smoke.
Utah
Code Unnanotated §78B-6-1101(3)
[previously §78-38-1(3)].
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Exempt
rental units available for temporary rental, such as for
vacations or available for only 30 days or fewer at a
time from the nuisance tobacco provisions.
Utah
Code Unnanotated §78B-6-1101(4)(a)
and (5). [previously §78-38-1(4) and (5)].
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Note:
Units exempt under this provision are not exempt from
restrictions placed by a condominium association as per
Utah Code Unannotated §57-8-16-7(a) and (b).
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Provide
authority for an apartment renter to file a nuisance action
even if a renter has signed away his rights to file a
nuisance in the rental contract.
Utah
Code Unnanotated §78B-6-1101(6) [previously
§78-38-1(1)].
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