Secondhand Smoke

How to Report Violations of Smokefree Laws

Why You Need to Get Involved

The fact is, if you are bothered by smoke other people probably are too!

The main way problems are identified is through customers, employees, and managers who report suspected violations to the telephone numbers of local health departments listed below.

It only takes one person to solve the problem, so don't hesitate to call.

Where Does Utah Law Prohibit Smoking ?

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In general, "smoking is prohibited in all enclosed indoor places of public access and privately owned buildings and offices..." Utah Code 26-38-3
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Employers must develop employee smoking policies that prohibit smoking within 25 feet of any entrance-way, exit, open window, or air intake of buildings and designated outdoor smoking permitted areas are not allowed within 25 feet of any entrance-way, exit, open window, or air intake of buildings. Utah Administrative Rule 392-510-9.
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There are limited exemptions where smoking may be permitted. Refer to Utah Code 26-38-3 (2) and Administrative Rule 392-510-sections 1-16.

To obtain a complete copy of requirements see the Utah Indoor Clean Air Act and Rule. (Compliance with both the statute and rule is required).

How to Report a Violation

Before you report a violation you may want to try to solve the problem by talking with the person causing it, your supervisor, or the building manager.

If you are uncomfortable or don't get a response when you complain, you should consider reporting the violation.When you make a complaint please be prepared to supply the following information:

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The name and address of the business or building.
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The day(s) and time(s) when you noticed the problem.
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A detailed description of the problem.
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What action(s) you have already taken to try to solve the problem before calling.

What Happens When A Complaint is Received?

Complaints about violations are dealt with at the local health department level. Once a complaint is received, an inspection of the location takes place. If a violation is found, the business, building manager, supervisor, and other appropriate responsible parties are issued an order to correct the situation(s) that are placing them out of compliance with the Utah Indoor Clean Air Act statute and rule. Those not complying with the law are subject to civil monetary penalties for non-compliance.

What are the Penalties for Violating the Utah Indoor Clean Air Act?

State and local health departments make every effort to use education as the primary tool to correct violations. However, failure to abide by the requirements can result in venalities to individuals who refuse to comply as well as businesses, government agencies, or organizations who fail to comply. Go to information about penalties.

State Contacts

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Tobacco Prevention and Control Program, Utah Department of Health:
1-877-220-3466 or (801)538-6260
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Office of Environmental Sanitation, Utah Department of Health:
(801) 538-6754

Local Contacts

Local health departments are one of the best resources to check with about questions you have regarding the Utah Indoor Clean Air Act. It is also local health departments who respond to complaints from managers, employees, customers, or visitors.?Find your local health department.


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Secondhand Smoke