Health, Disease Control and Prevention, Environmental Services

Rule R392-510

Utah Indoor Clean Air Act

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36019
Filed: 04/02/2012 03:44:49 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The rule is authorized by Section 26-15-12. The chapter requires the department to adopt rules to implement the Utah Indoor Clean Air Act.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Bureau of Epidemiology, UDOH Tobacco Program, and the Environmental Sanitation Program have received comments in support of the continuation of the rule, and comments indicating the need to revise the rule to address emerging trends in smoking practices in the state including use of tobacco in hookah devices and electronic cigarettes. UDOH received comments both for revision of the rule to address health concerns from the use of heated tobacco in hookah apparatuses, and also received comments against revision citing studies which indicate less second hand smoke from hookahs than from cigarettes, and the economic impact of closing small businesses associated with tobacco hookah use. UDOH did revise the rule to keep hookah use out of places of public access. The issue was subsequently handled by the Utah 2012 legislature, and a bill passed restricting e-cigarettes and hookah use statewide. A five-year exemption for two businesses which provide hookah apparatus for tobacco smoking was allowed in the revised statute. UDOH is in the process of revising the rule to meet the new statutory requirements.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule establishes requirements and standards for the implementation of the Utah Indoor Clean Air Act. Secondhand smoke has been implicated in premature death and disease in children and adults who do not smoke. This rule is important because it protects the public from being exposed to the health effects of second hand smoke in places of public access. Children exposed to second hand smoke are at an increased risk for sudden infant death syndrome, acute respiratory infections, ear problems and more severe cases of asthma. Adults exposed to second hand smoke experience have immediate adverse effects on their cardiovascular systems. Second hand smoke has also been linked to coronary heart disease and lung cancer. Scientific evidence indicates that there is no risk-free level of exposure to second hand smoke. Continuation of this rule is important to protect public health in Utah.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Ronald Marsden at the above address, by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at rmarsden@utah.gov

Authorized by:

David Patton, Executive Director

Effective:

04/02/2012