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Utah Indoor Clean Air Act

Utah Clean Air Act Amendments-

 

The 2006 Utah Indoor Clean Air Act Amendments provide protection from secondhand smoke at private social functions.

Previously, the law exempted these functions from the general Utah Indoor Clean Air Act requirement as long as the event was limited to invited guests, and the general public was excluded.

Effective May 1, 2006 smoking is prohibited in all facilities rented or leased for private functions even if the general public is excluded.

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What it Means

Since May 1, 2006 smoking is no longer allowed inside buildings at private functions, including wedding parties, conventions, conferences, business meetings and birthday parties that are held at reception centers, hotels, or other meeting facilities.

Private Function Questions

d
What am I required to do to comply with the new law?

If you are sponsoring a private social function assure that participants do not smoke inside facilities where these events are taking place. Publicly accessible buildings that are leased or rented for private functions should be appropriately signed to indicate that no smoking is allowed as per administrative rule R392-510-13(1)(a)

d
What do I do if someone at an event smokes?

You should politely let the person know that the Utah Indoor Clean Air Act does not allow smoking inside at the event and ask them to either extinguish their cigarette or go outside. The current rule, R392-510-9, generally requires no-smoking areas within 25 feet of an entrance, exit, open window, or air intake of a building so it will be important to inform guests who choose to go outside to this rule as well.

d
If we hold the event in a private club or tavern can we still allow smoking?

No.  Beginning in 2006 and terminating January 1, 2009 smoking in Utah clubs and taverns was phased out.  At present there is no smoking allowed in any of these types of businesses or on outdoor patios within 25 feet of an open window, air intake, entry way, or exit to these businesses.

d
Does the restriction on smoking at private functions apply if I hold the event in my home?

Probably not. The Utah Indoor Clean Air Act only applies to facilities rented or leased for private functions from which the general public is excluded. If you are renting your home out to someone else to provide a private function, the Utah Indoor Clean Air Act applies.

d
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) and class B and A misdemeanor criminal penalties according to Section 26-23-6 .

By carefully reviewing requirements of the UICAA statute and administrative rule, businesses can avoid being penalized. State and local health departments are readily available to address any questions you may have about the UICAA.

 

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