Cassandra Fairclough Health Program Specialist
Phone: (801) 538-6754
Fax (801) 538-6540
Utah Indoor Clean Air Act:
The Utah Indoor Clean Air Act (UICAA) went into effect January 1, 1995. The law is designed to protect Utahns and visitors to the state from harmful exposure to secondhand smoke (SHS). It bans smoking in most public places, including private businesses.
Secondhand Smoke Amendments:
The secondhand smoke amendments were passed by the Utah State Legislature in 1997. These admendments apply specifically to tobacco smoke that drifts into any residential unit a person rents, lease, or owns from another residential or commerical unit.
-Give authority to condominium associations to restrict smoking in units, common areas and yard space §57-8-16-7(a)(b).
-Give authority for apartment rental contracts to include prohibitions on smoking in units, on the premises, or both §57-22-5-1(h).
-Establish that any tobacco smoke that drifts into any residential unit a person rents, leases or owns is a nuisance under the law §78B-6-1101(3).
-Provide that residents of condominiums, apartments, or private homes may seek injunctive relief and/or damages if exposed to nuisance tobacco smoke §78B-6-1101(3)
-Exempt rental units, such as for vacations or available for only 30 days or less at a time, from the nuisance tobacco provisions §78B-6-1101(4)(a)(5). These units are not exempt from restrictions placed by a condominium association.
Provide authority for an apartment renter to file a nuisance action under §78B-6-1101(6)
For complete information on the Secondhand Smoke Amendments link to: http://www.tobaccofreeutah.org/sechndsmokeam.html
Utah Smoke-Free Apartment and Condominium Guide
The Utah Smoke-free Apartment and Condominium Guide is designed to promote smoke-free housing for Utahns. The Guide contains information for apartment and condominiums managers and owners as well as those seeking housing that is smoke-free. To access the guide ling to: http://www.tobaccofreeutah.org/aptcondoguide.html
The Guide also contains a statewide smoke-free housing directory which can be accessed by linking to: http://www.tobaccofreeutah.org/aptcondoguide-dir.htm
The Environmental Epidemiology Program is addressing issues of secondhand smoke in apartments and condominiums. Suggest to your property manager to contact someone at the state or local level to discuss what options are available to him or her in establishing smoke-free policies. If you would like to educate your manager or landlord about reducing your secondhand smoke exposure or how they can implement a smoke-free policy, link to the following:
-Secondhand Smoke in Apartments and Condominiums A Guide for Managers and Owners
-Secondhand Smoke in Apartment and Condominium Guide
-Secondhand Smoke Guidance for Apartments and Condominiums-Newsletter
-Secondhand Smoke Guidance for Tenant Guide for Residents
Copies may be requested by contacting the phone number above.