TobaccoFreeUtah.org
Utah Indoor Clean Air Act

Utah Indoor Clean Air Act Business Guide- Compliance Checklist

About the UICAA Checklist

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 to17. 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

The Utah Indoor Clean Air Act prohibits the use of electronic cigarettes in the same places where traditional tobacco is not allowed. §26-38-3(1)  

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

Utah Indoor Clean Air Act Checklist

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(2)
___2. Smoking is not allowed in any publicly owned buildings and offices. (Libraries, court houses, etc.) § 26-38-2(f); §26-38-2(3)
___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),(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 is not allowed in vehicles used for work R 392-510-2(17).
___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(2)(c);  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(2)(d) and (p) ; R 392-510-9(1)
___9. Smoking permitted areas , if allowed by §26-38-3(2)(a),(b), and (c), 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(1)and (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(2)(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(2)(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(2)(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(2)(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 and/or the smoking policy of the workplace, and/or otherwise protested the smoking of others. R 392-510-13.

*There are limited UICAA exemptions for several types of places.  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. The checklist should not be considered legal advice or a substitute for obtaining assistance from a qualified legal advisor. For more specific and detailed information refer to the Utah Indoor Clean Air Act Statute §26-38-1 to 9 and Rule Administrative Rule 392-510-1 to17.

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:
red ball image
 
Tobacco Prevention and Control Program, Utah Department of Health
1.877.220.3466 (toll-free; in-state); 801.538.6260
red ball image
 
Office of Environmental Sanitation, Utah Department of Health
801. 538.6754
red ball image
Local Health Department Contacts
Lists local health department contacts by county

 

way to quit

Additional Resources