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Utah Indoor Clean Air Act

Utah Indoor Clean Air Act Amendments, Fraternal, and Religious Organizations

The Utah Indoor Clean Air Act (UICAA) provides additional protection for members of certain fraternal, social, and religious organizations. The January 1995 version of the Act exempted these organizations from the general requirement that places of public access be smoke free.

Effective May 1, 2006, smoking is prohibited in any building owned, rented, leased or otherwise operated by social, fraternal, and religious organizations at all times.

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What it Means

Beginning May 1, 2006, smoking will no longer be allowed inside buildings used by social, fraternal, or religious organizations. Organizations should take steps to assure that all members and their guests are aware of the new policy. 

Social, Fraternal, and Religious Organization Questions
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How do we make sure we are in compliance?

It is important to notify membership of the changes. If you rent or lease your facility for private functions to caterers, event planners, wedding parties, etc., make sure the party holding the event is aware that smoking is not allowed.  Posting no smoking signs is another method that can be used to help remind members that smoking is not allowed.

 

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If our fraternal group also has a Class B private club license, can we still allow smoking?

Organizations that hold a Class B private club license issued by the Utah Department of Alcoholic Beverage Control (DABC) may still allow smoking in the geographical area of a building designated by the DABC as the private club until January 1, 2009 if they were licensed on or before May 15, 2006 or licensed on or before May 15, 2006 and after May 15, 2006 undergo a change in ownership at which time they must become smoke-free.  The 2007 amendments to the Act also prohibit anyone under the age of 21 in Class B private clubs that allow smoking.  Active military personnel with appropriate ID who are under 21 are exempt from this requirement.

 

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We have a meeting room in our building that is not part of our Class B private club. Can we allow smoking in that location when we hold weddings or other social gatherings there?

No. Beginning May 1, 2006, all private functions that are not held in a Class B private club designated area, as indicated by the Department of Alcoholic Beverage Control license, must become smoke free. This applies to members as well as anyone who rents or leases the space for weddings, conventions, meetings, or conducts similar business in the non-private club area of a building or facility.

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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 $5,000 (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 and organizations can avoid being penalized. State and local health departments are readily available to address any questions you may have about the 2006 UICAA.

 

 

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