Secondhand Smoke

Secondhand smoke (SHS) comes from a burning cigarette. It is also the smoke that a person breathes out when a person smokes.

  • SHS has thousands of chemicals.
  • SHS can cause cancer, heart disease, and many other health problems.
  • The Tobacco Prevention and Control Program of Utah works with local employers, healthcare providers, outdoor recreation areas, housing authorities, and schools to create policies to help decrease the amount of SHS that Utahans breathe.
  • Decreasing SHS exposure will improve the health of people in Utah.
  • There is no safe level of SHS exposure. Even brief exposure can be dangerous.
  • SHS contains over 4,000 chemicals. More than 50 of those chemicals are known to cause cancer.
  • SHS can cause deadly lung cancer in people who do not smoke.
  • Living with a smoker gives you a 20-30% higher chance of getting lung cancer.
  • 3,000 Americans die every year from lung cancer caused by breathing SHS.
  • Being around SHS increases the risk of heart disease among non-smokers by 25-30%.
  • 46,000 Americans die each year from heart disease caused by SHS.
  • SHS can affect nonsmokers by causing eye irritation, headaches, nausea, and dizziness.
  • More than 93% of Utahns have set rules against smoking in their homes.
  • 98% of Utah children live in smoke-free homes but nearly 14,800 Utah children are still breathe SHS in their homes.
  • 82% of Utahans support outdoor smoking restrictions.

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.