• 22 S. State St. Clearfield, UT 84015
  • Main : (801) 525-5000
  • M-F 8am to 5pm

 

Utah Indoor Clean Air Act

 
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The Utah Indoor Clean Air Act (UICAA) is a law under Utah Code Title 26, Chapter 38 and Rule R392-510 passed to protect Utah residents and visitors from the harmful effects of secondhand smoke.

UICAA Requirements

The UICAA prohibits smoking or vaping in all enclosed indoor places that allow public access, or smoking within 25 feet of the entrance, exit, or any open windows or vents of these places. Smoking includes possession of a lit cigarette, pipe, or cigar, and the use of e-cigarettes (vaping) or hookahs. It also requires that these buildings display “No Smoking” signage that can be easily seen upon entry into the building.

Smoking is prohibited inside work vehicles and inside private residences while one or more individuals employed to perform services (such as bookkeeping or cleaning) on a regular basis are present. Other establishments where smoking is prohibited include but are not limited to: child care businesses, government buildings, bars and taverns, buildings operated by non-profit, social, fraternal, or religious groups, and places rented for private events. It is also prohibited anywhere on the property of a public elementary/secondary school and anywhere a property owner or manager has banned smoking. 

Building Owner/Operator Responsibilities

Building owners are in charge of displaying their own “No Smoking” signage. They are also responsible for asking any person seen smoking or vaping in or around the building to stop, and asking the person to leave if he or she does not stop when asked.

Business/building owners and operators, their agents, and/or employees are responsible for enforcing the UICAA in and around their building. Enforcing the UICAA means asking anyone seen smoking or vaping on the premises to stop immediately, and asking the person to leave if he or she does not stop smoking or vaping after being asked. 

Signage Requirements 

Signs must be easily readable and easily seen upon entrance to the building. Each sign must include the international “No Smoking” symbol. The international “No Smoking” symbol may be used alone on a sign. If so, it must be at least 4” in diameter. If the words “No Smoking” are used, they must be at least 1.5” tall. Places of worship are exempt from displaying signage. See R392-510-12 for more information on signage requirements.

“No Smoking” signage is available from the Davis County Health Department. Contact the health department to request signage at (801) 525-5128.

Enforcing the UICAA

Business/building owners and operators, their agents, and/or employees are responsible for enforcing the UICAA in and around their building. Enforcing the UICAA means asking anyone seen smoking or vaping on the premises to stop immediately, and asking the person to leave if he or she does not stop smoking or vaping after being asked.

The Health Department is responsible to ensure business owners and organizations are following the requirements of the UICAA on their premises. If the Health Department receives a complaint that the UICAA requirements are not being met, Health Department employees will visit the establishment to investigate. Their primary purpose is to educate, but if the business owner continues to violate the rule, a fine may be imposed.

Reporting Indoor Smoking/Vaping in a Public Establishment

Visit the Davis County Health Department website and submit a complaint on our “Report a Complaint” page or call (801) 525-5128 to report any UICAA violations. 

According to R392-510-13, employers may not discriminate or take adverse action against an employee or applicant because he or she sought enforcement of the UICAA or the smoking policy of the workplace, or otherwise protests the smoking of others.

Penalties for Violating the UICAA

If an establishment owner or operator does not comply with the UICAA requirements, there is a fine of up to $100 for the first offense. Any subsequent violation will result in a fine between $100 and $500.

Indoor Smoking Exceptions

Indoor smoking is permitted at Native American ceremonies, and in designated smoking areas in an airport terminal that are closed off from the rest of the terminal and vented to the outside. Smoking is permitted in areas that are not commonly open to the public of an owner-operated business only if the business has no other employees besides the owner. Smoking is also permitted in designated smoking rooms of hotels/motels/bed and breakfast, only if the rooms are closed off from public areas. Strict HVAC system requirements exist for areas that allow indoor smoking. See R392-510-7 and R392-510-8 for a list of requirements.

Apartments and Condominiums

Multi-unit housing such as apartments and condominiums are not included in the UICAA because they are considered private property. Apartments and condominiums typically fall under a different piece of legislation commonly referred to as the Second Hand Smoke Amendments.

Under the Second Hand Smoke Amendments, second hand smoke that drifts into an apartment or condominium is considered a nuisance. It allows apartment managers/owners and condominium HOAs to prohibit smoking in the unit, on the premise, or both.

Visit the State’s Smoke-free Housing Directory on tobaccofreeutah.org to find smoke-free housing.

Reporting a Secondhand Smoking Complaint

Please report secondhand smoking complaints for your apartment or condominium to Davis County Health Department Community Health Services staff at 801-525-5070.

Contact Information

Physical Address
22 South State Street
3rd Floor
Clearfield, Utah 84015

Mailing Address
Davis County Health Department
Attn: Community Health Services Division
P.O. Box 618
Farmington, Utah 84025

Phone Numbers
(801) 525-5070 :: Main
(801) 525-5071 :: Fax

Hours
Monday – Friday
8:00 a.m. to 5:00 p.m. (except county holidays)

 

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