| Sections |
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26-38-1.
Title. |
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26-38-2.
Definitions. |
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26-38-3.
Restriction on smoking in public places and in specified
places -Exceptions. |
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26-38-3.5.
Smoking ban exemption for Native American ceremony. |
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26-38-4.
Adjoining private clubs and public places -- Grandfather
provisions. |
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26-38-6.
Local ordinances. |
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26-38-7.
Enforcement action by proprietors. |
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26-38-8.
Penalties. |
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26-38-9.
Enforcement of chapter. |
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| 26-38-1.
Title. |
| This
chapter is known as the "Utah Indoor Clean Air Act." |
| 26-38-2.
Definitions. |
| As
used in this chapter: |
| (1)
|
"Place
of public access" means any enclosed indoor place
of business, commerce, banking, financial service, or
other service-related activity, whether publicly or privately
owned and whether operated for profit or not, to which
persons not employed at the place of public access have
general and regular access or which the public uses, including: |
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(a) |
buildings,
offices, shops, elevators, or restrooms; |
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(b) |
means
of transportation or common carrier waiting rooms; |
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(c) |
restaurants,
cafes, or cafeterias; |
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(d) |
taverns,
as defined in Section 32A-1-105, or cabarets; |
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(e) |
shopping
malls, retail stores, grocery stores, or arcades; |
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(f) |
libraries, theaters, concert halls, museums, art galleries,
planetariums, historical sites, auditoriums, or arenas; |
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(g) |
barber shops, hair salons, or laundromats; |
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(h) |
sports
or fitness facilities; |
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(i) |
common
areas of nursing homes, hospitals, resorts, hotels, motels,
"bed and breakfast" lodging facilities, and
other similar lodging facilities, including the lobbies,
hallways,elevators, restaurants, cafeterias, other designated
dining areas, and restrooms of any of these; |
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(j) |
(i)
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any
child care facility or program subject to licensure or
certification under this title, including those operated
in private homes, when any child cared for under that
license is present; and |
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(ii) |
any child care, other than child care as
defined in Section 26-39-102, that is not subject to licensure
or certification under this title, when any child cared
for by the provider, other than the child of the provider,
is present; |
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(k) |
public
or private elementary or secondary school buildings and
educational facilities or the property on which those
facilities are located; |
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(l) |
any building owned, rented, leased, or otherwise
operated by a social, fraternal, or religious organization
when used solely by the organization members or their
guests or families; |
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(m) |
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; |
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(n) |
any workplace that is not a place of public
access or a publicly owned building or office but has
one or more employees who are not owner-operators of the
business; and |
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(o) |
any
area where the proprietor or manager of the area has posted
a conspicuous sign stating "no smoking", "thank
you for not smoking", or similar statement. |
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(p)
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any private
club licensed under Title 32A, Chapter 5, Private Club
Liquor Licenses. |
| (2) |
"Publicly
owned building or office" means any enclosed indoor
place or portion of a place owned, leased, or rented by
any state, county, or municipal government, or by any
agency supported by appropriation of, or by contracts
or grants from, funds derived from the collection of federal,
state, county, or municipal taxes. |
| (3) |
"Smoking"
means the possession of any lighted tobacco product in
any form. |
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| 26-38-3.
Restriction on smoking in public places and in specified
places -Exceptions. |
|
(1) |
Except
as provided in Subsection (2), smoking is prohibited in
all enclosed indoor places of public access and publicly
owned building and offices. |
| (2) |
Subsection (1) does not apply to:
|
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(a) |
areas not commonly open to the public of owner-operated
businesses having no employees other than the owner-operator; |
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(b) |
guest rooms in hotels, motels, "bed and breakfast"
lodging facilities, and other similar lodging facilities,
but smoking is prohibited under Subsection (1) in the
common areas of these facilities, including dining areas
and lobby areas; |
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(c) |
before January 1, 2009, taverns, as defined in Section
32A-1-105, that are: |
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(i) |
licensed on or before May 15, 2006; or |
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(ii) |
licensed on or before May 15, 2006 and after
May 15, 2006 undergo change in ownership: |
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(d) |
before
January 1, 2009, class D private clubs, as defined in
Section 32A-5-101, that are: |
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(i) |
licensed on or before May 15, 2006; or |
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(ii) |
licensed on or before May 15, 2006 and after
May 15, 2006 undergo change in ownership; |
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(e) |
before January 1, 2009, class B private
clubs, as defined in Section 32A-5-101 that: |
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(i) |
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are licensed: |
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(A) |
on or before May
15, 2006; or |
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(B) |
on or before May 15, 2006 and after May 15, 2006 undergo
a change in ownership; and |
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(ii) |
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do not permit an individual under the age
of 21 in the class B private club, unless the individual
is active military; and |
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(f)
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separate
enclosed smoking areas: |
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(i) |
located in the passenger terminals of an international
airport located in the city of the first class; |
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(ii) |
vented directly to the outdoors; and |
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(iii) |
certified, by a heating, ventilation, and air conditioning
engineer licensed by the state, to prevent the drift of
any smoke to any nonsmoking area of the terminal. |
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| 26-38-3.5.
Smoking ban exemption for Native American ceremony. |
| (1) |
A person is exempt from the restrictions of Section 26-38-3
if the person: |
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(a) |
is
a member of an American Indian tribe whose members are
recognized as eligible for the special programs and services
provided by the United States to American Indians who
are members of those tribes; |
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(b) |
is an American Indian who actively practices an American
Indian religion, the origin and interpretation of which
is from a traditional American Indian culture; |
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(c) |
is smoking tobacco using the traditional pipe of an American
Indian tribal religious ceremony, of which tribe the person
is a member, and is smoking the pipe as part of that ceremony;
and |
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(d)
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the ceremony is conducted by a pipe carrier, Indian spiritual
person, or medicine person recognized by the tribe of
which the person is a member and the Indian community. |
| (2) |
This section takes precedence over Section 26-38-3. |
| (3) |
A religious ceremony using a traditional pipe under this
section is subject to any applicable state or local law,
except as provided in this section. |
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| 26-38-4.
Adjoining private clubs and public places -- Grandfather
provisions. |
| (1)
|
(a)
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If
a private club and an adjoining place of public access
as described under Subsection (b) share air space or ventilation
on January 1, 1995, smoking is prohibited in the place
of public access, but smoking is allowed in the private
club under Section 26-38-3. |
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(
b) |
Subsection (1)(a) applies to any place of public access
that: |
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(i)
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on
January 1, 1995, is in operation or regarding which actual
physical construction has begun; and |
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(ii) |
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adjoins or will adjoin when completed a private club that
on January 1, 1995 is licensed under Title 32A, Chapter
5, Private Club Liquor Licenses, and is in operation. |
| (2)
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If
a place of public access is not in operation or actual
physical construction of the place has not begun on January
1, 1995, the place of public access may not adjoin a private
club that allows smoking unless the place of public access: |
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(a)
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is
separated from the adjoining private club by a continuous
physical barrier; |
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(b) |
does not share air space with the private club; and |
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(c) |
has ventilation completely separate from that of the private
club. |
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| 26-38-6.
Local ordinances. |
| (1) |
This
chapter supersedes any ordinance enacted by the governing
body of a political subdivision that restricts smoking
in a place of public access defined in Section 26-38-2
and that is not essentially identical to the provisions
of this chapter |
| (2) |
This
chapter does not supersede an ordinance enacted by the
governing body of a political subdivision that restricts
smoking in outdoor places of public access which are owned
or operated by: |
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(a) |
a
political subdivision as defined in Section 17B-2-101; |
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(b) |
a
state institution of higher education; or |
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(c) |
a
state institution of public education |
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| 26-38-7.
Enforcement action by proprietors. |
| (1) |
An owner or the agent or employee of the
owner of a place where smoking is prohibited under Subsections
26-38-3(1)who observes a person in possession of a lighted
tobacco product in apparent violation of this chapter
shall request the person to extinguish the tobacco product. |
| (2) |
If the person fails to comply, the proprietor
or the agent or employee of the proprietor shall ask the
person to leave the premises. |
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| 26-38-8.
Penalties. |
| (1) |
A first violation of Section 26-38-3 or 26-38-4 is subject
to a civil penalty of not more than $100. |
| (2)
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Any
second or subsequent violation of Section 26-38-3 or26-38-4
is subject to a civil penalty of not less than $100 and
not more than $500. |
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| 26-38-9.
Enforcement of chapter. |
| (1) |
The state Department of Health and local
health departments shall: |
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(a) |
enforce this chapter and shall coordinate
their efforts to promote the most effective enforcement
of this chapter; and |
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(b) |
impose the penalties under Subsection 26-38-8
in accordance with this section. |
| (2) |
When enforcing this chapter,
the state Department of Health and the local health departments
shall notify persons of alleged violations of this chapter,
conduct hearings, and impose penalties in accordance
with Title 63, Chapter 46b, Administrative Procedures
Act. |
| (3) |
Civil penalties collected
under this section by: |
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(a) |
a local health department shall be paid
to the treasurer of the county in which the violation
was committed; and |
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(b) |
the state Department of Health shall
be deposited in the General Fund. |
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*See
also Rule R392-510-1 through 16 Utah Indoor Clean Air
Act
(The statute and rule both include
requirements building owners, company managers, supervisors,
employees, and visitors must comply with) |
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