Utah Indoor Clean Air Act

Utah Indoor Clean Air Act Amendments- Elementary and Secondary Schools

The 2006 amendments to the Utah Indoor Clean Air Act (UICAA) provide additional protection at private elementary and secondary schools.

Previously, the law prohibited smoking at all public elementary and secondary schools and the premises on which those facilities were located. However, the law allowed adults at private elementary and secondary schools to smoke in designated areas in private schools, educational facilities, and the premises during non-school hours.

Since May 1, 2006 smoking has been prohibited in all educational facilities at private elementary and secondary schools, (including public, private and charter schools), and the premises on which those facilities are located.

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What it Means
Since May 1, 2006 smoking at all Utah elementary and secondary schools, both public and private, is prohibited. Superintendents and principals should notify employees, parents, and visitors of changes in the policy.  Employees should ensure visitors are made aware of the change to prevent them from unintentionally breaking the law.

School Questions  
dark blue box What am I required to do?
  One of the most important steps administrators can take is to develop and disseminate a written smoking policy to all employees notifying them about the changes and the consequences for violating the policy and law. The written notification can be reinforced from time to time at staff or other appropriate gatherings of school staff and parents.   In addition posting signs, to let parents and visitors to your campus know about the law. Sample policies and additional information are available in the School's Guide to Comprehensive Tobacco Control which can be found at:

dark blue box Do the 2006 changes in the UICAA apply to charter schools?
  Yes. Charter schools fall under the same regulations as public schools.

dark blue box What do I do if someone smokes in the school at which I work after May 1, 2006?
  If you are an employee and believe there is a violation you may inform the person that smoking is prohibited on the premises, You may also contact your supervisor to report the problem. If you feel your concerns are ignored or if you feel uncomfortable talking with your administrators, contact your local health department directly and they will send out a staff member to investigate your complaint. Contact information for local health departments is listed below.

dark blue box What should administrators do if they receive a complaint about smoking?
  If anyone in an administrative role receives a complaint that someone is smoking, they should respond as quickly as possible. If they observe a person smoking they should first ask the person to extinguish the cigarette or cigar. If the person refuses they should ask the person to leave the premises. At their discretion, or according to school policy, they may also want to contact local law enforcement if the person refuses to leave.

If it is determined that an employee has been violating the Act, the administrator should consult with the employee to make them aware of the no-smoking requirement of the Utah Indoor Clean Air Act (and the school tobacco policy if the school has one). Beyond being subject to the civil penalties issued by a local health department, employees who continue to violate the smoking policy of their school may also be subject to penalties for violating school policy.

Under the Utah Indoor Clean Air Act, if an administrator doesn't take any action to try to stop smoking, they are subject to applicable penalties according to Section 26-23-6.

dark blue box Is the football stadium, or baseball diamond, etc. at my school affected by changes in the UICAA?
  They may be affected if adults have been previously allowed to smoke in those locations. Under the 2006 amendments to the Utah Indoor Clean Air Act no smoking is allowed in any elementary and secondary school educational facilities or the premises on which they are located. Posting of appropriate signs and occasional public address announcements at events can help make spectators aware of the policy. This action may be particularly important in those school districts that hold events with out-of-state schools.

dark blue box 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 a first violation of Section 26-38-3 a civil penalty of up to $100 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.

Failure to abide by the Utah Indoor Clean Air Act requirements and failure to respond to orders by state or local health departments to comply may also be subject to civil penalty of up to $10,000 (which can be assessed on a per occurrence basis) and class B and A misdemeanor criminal penalties according to Section 26-23-6.

By carefully reviewing requirements of the UICAA statute and administrative rule, penalties can be avoided. State and local health departments are readily available to address any questions you may have about the 2006 UICAA.



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