Can bars bypass the utah indoor clean air act

Report illegal tobacco, electronic cigarette, and nicotine product activity

Utah indoor clean air act

The Utah Indoor Clean Air Act (UICAA) was made to protect those in Utah from the dangers of secondhand tobacco smoke. The law was later changed to include e-cigarette vapor. In general, the law bans smoking in almost all government and private businesses in Utah. (Utah Code § 26B-7-503 and Utah administrative rule R392-510).

*In the UICAA, “smoking” includes combustible tobacco products AND vapor products and hookah.*

Smoking is banned in the following locations:

• Indoor places where there is more than one employee or where the public can enter
  
• Child care businesses
  
• All government-owned buildings and offices
  
• Work vehicles
  
• Clubs and taverns
  
• The property of private and public elementary and secondary schools
  
• Buildings operated by social, fraternal, or religious groups
  
• Places rented for private events
  
• Wherever the owner has banned it
  
• 25 feet from any entrance, window or air intake where smoking is banned

Other provisions

• Business owners may prohibit smoking anywhere on their property. (R392-510-4)
  
• Outdoor smoking areas cannot be within 25 feet of a building entrance, window or air intake. (R392-510-8)
  
• Signs stating the smoking status of the place must be posted. The sign requirements are specific. (R392-510-11).
  
• Employees who complain against an employer for not protecting them from secondhand smoke cannot be punished by their employer. (R392-510-12).
  
• In places where smoking is allowed, the place must have a HVAC system to prevent smoke from going into a public area. (R392-510-6).
  
  • A building with a smoking-permitted area under § 26B-7-503(2) the building owner must obtain and keep on file a signed statement from an air balancing firm certified by the Associated Air Balance Council or an industrial hygienist certified by the American Board of Industrial Hygiene that the smoking permitted area prevents exposure of persons outside the area from tobacco smoke generated in the area. If a building’s HVAC System is altered in any way, the building owner must obtain new certification on the system. (R392-510-6).

  Penalties

  The proprietor (owner, manager, employee, etc.) of the establishment (property, business, building, etc.) is responsible for obeying this law. If an individual is smoking in a prohibited place, the proprietor must ask the person to stop smoking or leave.

  • First violation: $100
    
  • Second or subsequent violations: not less than $100 and not more than $500

  Questions or violations

  For questions or to report a violation of the Utah Indoor Clean Air Act, contact your local health department.

  Disclaimer

  Any information submitted on this website may be shared with other government entities as permitted by law, including local health departments, for the purposes of investigation and enforcement.