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Utah Indoor Clean Air Act

Utah Indoor Clean Air Act Amendments- Child Care Facilities

Amendments made to the Utah Indoor Clean Air Act in 2006 provide additional protection for children cared for at child care facilities, including homes.

Previously, the law only covered those businesses and facilities governed by Section 26-39-102.

Effective May 1, 2006 all child care including child care that is not subject to licensure under Section 26-39-102 must prohibit smoking when any child under care, other than the child of the provider, is present.

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What it Means

Since May 1, 2006 all child care providers must take steps to prevent smoking by employees, parents, or others who are present in the facility or home when any child under care, other than the child of the provider, is present. If the place is a private home, there must be no smoking inside during child care hours.

Child Care Questions

 
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What am I required to do?
  Child care providers must prohibit smoking in the facility or home in which they are providing care. Signs indicating the no-smoking requirement must also be posted at the facility or home used to provide care.

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Do I have to comply with the changes if I am not licensed by the state to provide child care?
Yes. The change in the law specifically applies to all child care even child care that is not provided by a certified or licensed provider.



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Do the changes in the law mean I can't smoke in my own home?
Yes. If the facility you are providing care in is your home (including when someone else is living in the home) no smoking is allowed while any child, other than your child, is present. Discuss this with family members so everyone understands the requirement.



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What do I do if someone smokes in my home or facility where I am caring for children?
Section 26-38-7 requires you to inform employees, parents, and visitors that the law prohibits smoking in the facility. If the person does not stop, you are required to ask them to leave the facility (and the premises if that is your choice as the property owner or manager.) In the unlikely case that a person fails to leave, consider calling local law enforcement for assistance.

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What are the penalties for violating the Utah Indoor Clean Air Act?
 

Civil monetary penalties can be assessed by state and local health departments on those persons who violate provisions of the UICAA. For a first violation of Section 26-38-3 a civil penalty of up to $100 may be imposed. For a second or subsequent violation the individual is subject to a penalty of not less than $100 and not more than $500.

Failure to abide by the Utah Indoor Clean Air Act requirements and failure to respond to orders by state or local health departments to comply may also be subject to civil penalty of up to $10,000 (which can be assessed on a per occurrence basis) according to Section 26-23-6 .

By carefully reviewing requirements of the Utah Indoor Clean Air Act statute and administrative rule, penalties can be avoided. State and local health departments are

 

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