The
Utah Indoor Clean Air Act Compliance Checklist is developed
to highlight key points business managers, supervisors,
and employees particularly need to be aware of. It is
not designed to replace or supercede the requirements
stated in §26-38-1 to 9 and Administrative Rule R392-510-1
to14. It helps identify key aspects of the statute and
rule that must be addressed.
If you need additional assistance, state and local health
department contact and website information is listed below.
This checklist is current to September 2009.
Note: Smoking permitted areas, even in
areas that are exempted, are not required under the Utah
Indoor Clean Air Act. §26-38-2(1)(o)
and R392-510-4
|
All
Applicable Items Should Be Checked Yes
|
|
___*1 |
Smoking
is prohibited in all enclosed indoor places of public
access. §26-38-3(1)” Public access is any
enclosed indoor place of business, commerce, banking,
financial service, or other service-related activity,
whether publicly or privately owned...., to which persons
not employed at the place have general and regular access
or which the public uses.” (Includes buildings,
offices, shops, elevators, restrooms restaurants, shopping
malls, arenas, theaters) § 26-38-2(1)
|
| ___2. |
Smoking
is not allowed in any publicly owned buildings and offices.
(Libraries, court
houses, etc.)§ 26-38-2(1)
|
|
___3. |
Outside
smoking designated areas are not allowed within 25 feet
of building entrances,
exits, air intakes, or windows. (e.g.- Ashtrays closer
are signed “No Smoking”, “For
extinguishing cigarettes only- No Smoking”, or
similar)R 392-510-9(1) and (2)
|
|
___4. |
There
is an employer policy in place that prohibits employees
from smoking within 25
feet of building entrances, exits, air intakes, or windows.
R 392-510-9(3)
|
| ___5. |
Smoking
may be allowed in vehicles used for work only when there
are no ex or non-smokers present in the vehicle.
R 392-510-6(4). |
|
___6. |
In
a place where smoking is prohibited entirely, a sign using
the words “No Smoking is permitted in this establishment”
or a similar statement which includes a universal no-
smoking symbol must be posted. Signs must be easily readable
and unobscured. The
words “No Smoking” must be not less than 1.5"
in height. If the universal "No Smoking"
symbol is used alone, it must be at least 4 inches in
diameter. R392-510-12 |
|
___7. |
If
smoking is permitted, (only allowed if section §26-38-3(2)
(a), (b), or (c); §26-38-3.5 conditions are met),
smoking areas must be clearly indicated by appropriate
signage; HVAC and other requirements for those areas must
also be met.
§26- 38-3 and 4; R 392-510-6, 7, 8, and 12.
|
|
___8. |
Since January 1, 2009 all clubs and
taverns are required to be smokefree and cannot allow
smoking on patios within 25 feet of entryways, exits,
open windows or air intakes. § 26-38-3(1), §
26-38-2(1)(d) and (p) ; R 392-510-9 |
|
___9. |
Smoking
permitted areas are designed and operated to prevent
the drift of smoke outside the area (If you can smell
or see active tobacco smoke outside the area, assume
drift is occurring).R392-510-6(1), 7,
and 8.
|
|
___10. |
Smoking
may be allowed in guest rooms of lodging facilities but
smoking is prohibited in the common areas of these facilities,
including dining areas, lobbies, laundry facilities; club
houses, etc; air handling systems must not allow air from
smoking-allowed areas to mix with air of nonsmoking areas.
§26-38-3(2)(b);
R 392-510-6(2)(a), (b),and (c). |
|
__11. |
Smoking
is prohibited at all times in public and private elementary
or secondary school
buildings and the property on which those facilities
are located. §26-38-2(1)(k)
|
| __12. |
Smoking
is prohibited at all times at buildings operated by social,
fraternal, or religious
organizations when used solely by the organization members
or their guests.
§26-38-2(1)(l)
|
| __13. |
Smoking
is prohibited at 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. (Examples include wedding parties,
conventions, and trade shows). §26-38-2(1)(m)
|
| __14. |
Where child care is provided, smoking is
not allowed when any child, other than the child of the
provider, is present. 26-38-2(1)(j)(i) and (ii). |
| __15. |
An
employer does not discriminate or take adverse action
against an employee or
applicant because: that person has sought enforcement
of provisions of law (§ 26-38-
Chapter 38, R392-510), and/or the smoking policy of the
workplace, and/or otherwise protested the smoking of others.
R 392-510-14.
|
*There are limited
UICAA exemptions very limited types of locations- See
§ 26-38-3(2) for more details. As a rule
of thumb, unless clarified by a credible source, assume
that smoking is not allowed in any buildings.
This checklist is designed to answer general
questions that commonly arise and to help businesses,
government agencies, and other organizations comply
with the Act. It does not list all requirements of the
statute and rule. For more specific and detailed information
refer to the Utah Indoor Clean Air Act Statute §26-38-1
to 9 and Rule 392-510-1 to14.
A printer-friendly copy of this checklist can be obtained
by going to: http:www.tobaccofreeutah.org/uicaachecklist.pdf
|
| State
and Local Contacts |
For
basic information about the Utah Indoor Clean Air Act
and the health impacts of second- hand smoke there are
three offices you can contact for assistance:
|
| |
Tobacco
Prevention and Control Program, Utah Department of Health
1.877.220.3466 (toll-free; in-state); 801.538.6260 |
| |
Office
of Environmental Sanitation, Utah Department of Health
801. 538.6754 |
|
Local
Health Department Contacts
Lists local health department contacts by county
|
| Other
Useful Information |
|
Utah Indoor Clean
Air Act Statute and Rule |
|
How to
Develop Smoking Policies |
|
Utah
Tobacco Cessation Directory
|
