Indoor Clean Air

*In the Utah Indoor Clean Air Act, “smoking” includes combustible tobacco products AND vapor products and hookah.*

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. The law has both a statute and a rule. The law can be found in Utah Code § 26-38 and the rule in Utah Admin Code R392-510.

Smoking is banned:

• 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.

Outdoor smoking areas cannot be within 25 feet of a building entrance, window or air intake.

In places where smoking is allowed, the place must have a HVAC system to prevent smoke from going into a public area. A building with a smoking-permitted area under Section § 26-38-3(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 the National Environmental Balancing Bureau, 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.

There must be posted signs stating the smoking status of the place. Sign requirements are specific. Please see Utah Admin Code R392-510-12 for more information.

Employees who complain against an employer for not protecting them from secondhand smoke cannot be punished by their employer.

Penalties

• The proprietor (owner, manager, employee, etc.) of the establishment (property, business, building, etc.) is responsible for obeying this law.
• If someone is smoking in a prohibited place, the proprietor must ask the person to stop smoking or to leave.
• If a proprietor does not comply with the law, they may face a fine of $100 for the first offense, and a fine of $100 to $500 for each subsequent offense.

Please see Utah Code § 26-38-8 for more information.

Questions or Violations

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

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