Reporting Violations of the Utah Indoor Clean Air Act
Why You Need to Get Involved
The fact is, if you’re 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?
In general, "smoking is prohibited in all enclosed indoor places of public access and privately owned buildings and offices…"Utah Code 26-38-3 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 R392-510-9. There are limited exemptions where smoking may be permitted. Refer to Utah Code 26-38-3 (2) and Administrative Rule R392-510–sections 1-17.
Use of Electronic Cigarettes and Heated Tobacco Products
Amendments to the Utah Indoor Clean Air Act in 2012 now generally restrict the use of electronic cigarettes and heated tobacco products (hookah) in the same ways smoking of lighted tobacco products are. If in doubt about use, those interested can contact their local health department for clarification.
To obtain a complete copy of requirements see the Utah Clean Air Act Statute and the Utah Indoor Clean Air Act 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:
- The name and address of the business or building.
- The day(s) and time(s) when you noticed the problem.
- A detailed description of the problem.
- What action(s) you have already taken to try to solve the problem.
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 penalties to individuals who refuse to comply as well as businesses, government agencies, or organizations who fail to comply. For more information about penalties go to: http://www.tobaccofreeutah.org/penaltiesuicaa.html
Tobacco Prevention and Control Program, Utah Department of Health:
1-877-220-3466 or (801) 538-6260
Office of Environmental Sanitation, Utah Department of Health:
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.
To access the local health department contact in your area simply click on the county in the local health department contact table the building you have a question about is located and the contact for that county will appear.