The Second Hand Smoke Amendments were passed by the Utah State Legislature in 1997. These amendments apply to any tobacco smoke that drifts into any residential unit a person rents, leases, or owns from another residential or commercial unit and is a nuisance under the law. 78B6-1101-(3)
The Second Hand Smoke Amendments
- Give authority to condominium associations to restrict smoking tobacco products in units, common areas, and yard space 57-8-16-7(a)(b).
- Give authority for apartment rental contracts to include prohibitions on smoking tobacco products in the residential units, on the premises, or both 57-22-5-1(h).
- Provide that residents of condominiums, apartments, or private homes may seek injunctive relief and/or damages if exposed to nuisance tobacco smoke 78B-6-1101(3).
- Exempt rental units for vacations or available for only 30 days or less at a time, from the nuisance tobacco provisions 78B-6-1101(4)(a)(5). These units are not exempt from restrictions placed by a condominium association.
- Provide authority for an apartment renter to file a nuisance actions under 78B-6-1101(2) even if the renter has signed away his rights to file a nuisance.
Utah Indoor Clean Air Act
The Utah Indoor Clean Air Act (UICAA) is designed to protect Utahans and visitors from exposure to the harmful effects of secondhand smoke. In general, Smoking is prohibited in all enclosed indoor places of public access and publicly owned buildings and offices UC 26-38-3(1). Outside smoking designated areas are not allowed within 25 feet of building entrances, exits, air intakes, or windows. Ashtrays closer than 25 feet of the building are required to have a sign stating No Smoking. For extinguishing cigarettes only or similar, see the reference to the 25-foot prohibitions in R392-510-9(1)(2). In Utah, all laws regarding secondhand smoke produced by cigarettes also apply for the emissions caused by electronic cigarettes, e-cigarettes, or personal vaporizers.