Since last May, when the Utah Indoor Clean Air Act came into effect, many people who own or work at businesses have questions about the act. Here are some of the common questions and the answers to those.
As of May 1, 2006 changes in the Utah Indoor Clean Air Act prohibited smoking in any workplace that is not a place of public access or a publicly owned building or office that has one or more employees who are not owner-operators of the business.
•Since my company already has a smoking area, can’t we keep it?
No. Effective May 1, 2006 all previously indoor non-publicly accessible workplaces that allowed smoking will be required to become smokefree.
There was no grandfather/grandmother provision to allow those who currently have smoking-permitted areas in non-publicly accessible workplaces to continue after that date.
•If our company’s smoking area is outside, will the change effect us?
As long as the current outside location is 25 feet away from building entrances, exits, air intakes, or open windows.
•What are the penalties for violating the Utah Indoor Clean Air Act?
Civil monetary penalties can be assessed by state and local health departments on those persons who violate provisions of the UICAA. For the first violation a civil penalty of up to $100.00 may be imposed. For a second or subsequent violation the individual is subject to a penalty of not less than $100 and not more than $500.
Businesses, organizations or individuals that do not abide by the UICAA requirements and fail to respond to orders by state or local health departments to comply may also be subject to a civil penalty of up to $5,000. (which can be assessed on a per occurrence basis).
The law also addresses smoking in social, fraternal, religious organizations and private function sponsors.
Smoking is prohibited in Class D private clubs that are newly licensed by Alcohol Beverage Control after May 15, 2006. Smoking is prohibited in taverns that are newly licensed by Alcohol Beverage Control after May 15, 2006.
As of January 1, 2007 smoking is prohibited in all currently licensed Class A, B, and C private clubs.
As of January 1, 2009 smoking is prohibited in Class D private clubs and taverns that were licensed on or before May 15, 2006
•How do we make sure we are in compliance?
It is important to notify membership of the changes and when they will take effect. If you rent or lease your facility for private functions to caterers, event planners, wedding parties, etc. make sure that the party holding the event is aware that smoking is not allowed.
•If our fraternal group also has a Class B private club license, can we still allow smoking?
Organizations that hold a Class B private club license issued by the Utah Department of Beverage Control may still allow smoking in the geographical area of a building designated by the DABC as the private club on January 1, 2007 when all Class A, B, and C private clubs became smoke free.
•We have a meeting room in our building that is not part of our Class B private club. Can we allow smoking in that location when we hold weddings other social gatherings?
No. Beginning May 1, 2006, all private functions that are not held in a Class B private club designated area (by your DABC license) must become smoke free. This applies to members as well as anyone who rents or leases space for weddings, conventions, meetings, or conducts similar business in the non-private area.
•Are fraternities and sororities at universities and colleges considered a “fraternal organization” under the law and, if so, is smoking in fraternity and sorority houses prohibited by the 2006 UICAA?
Yes. Therefore they are beholding to requirements of the law regarding prohibiting smoking when conducting social events at their houses by organization members, guests, or their families.
•What am I required to do to comply with the new law as a Private Function Sponsor?
If you are sponsoring a private social function assure that participants do not smoke inside facilities where these events are taking place.
•What do I do if someone at an event smokes?
You should politely let the person know that the UCIAAdoes not allow smoking inside at the event and ask them to extinguish their cigarette or go outside. The current rule generally requires no smoking areas to be within 25 feet of an entrance, exit, open window, or air intake of a building so it will be important to inform guests who choose to go outside about this requirement.
•If we hold the event in a private club or tavern can we still allow smoking?
It depends on what type of private club license the facility falls under when the establishment was licensed. The easiest way to determine the smoking status of a site is to ask the proprietor of the facility what type of license they have. More specific information is available from your local health department.
For questions you may contact either the Price office of the Southeastern Utah District Health Dept., the Tobacco Free Resource Line at 1-877-220-3466 or the Utah Tobacco Prevention and Control Program website at http://www.tobaccofreeutah.org
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