DAR File No. 37454

Health, Disease Control and Prevention, Environmental Services

Section R392-510-6

Requirements for Smoking Permitted Areas

Notice of Proposed Rule

(Amendment)

DAR File No.: 37454
Filed: 03/28/2013 03:58:05 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule change is made in response to proposed legislation to address the public concern of third-hand smoke in vehicles in which non-smokers are required by employers to use to fulfill work responsibilities. Legal counsel has indicated that the existing statute does not exempt smoking in work vehicles. The Department will remove a sentence in this rule regarding smoking in work vehicles to be congruent with statute.

Summary of the rule or change:

The proposed amendment to the rule deletes one sentence: "Smoking may be permitted in vehicles that are workplaces when not occupied by nonsmokers."

State statutory or constitutional authorization for this rule:

• Section 26-15-2

Anticipated cost or savings to:

the state budget:

There will be no anticipated cost or savings to the state budget as issues regarding this rule will be handled using existing funds.

local governments:

No anticipated cost or savings to local governments as rule enforcement will be handled using existing funds.

small businesses:

There are no anticipated costs or savings other than some minor management costs incurred educating employees regarding smoking no longer being allowed in work vehicles. These types of costs are minor and most likely will be absorbed in the day to day cost of doing business. The Department is unable to estimate these costs.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings other than some minor management costs incurred educating employees regarding smoking no longer being allowed in work vehicles. These types of costs are minor and most likely will be absorbed in the day to day cost of doing business. The Department is unable to estimate these costs.

Compliance costs for affected persons:

There are no anticipated costs or savings to single individuals, partnerships, corporation, associations, governmental entities, or public or private organizations other than minor management costs incurred to train employees regarding the requirements of this rule change. These will most likely be absorbed in the day to day costs of business operation.

Comments by the department head on the fiscal impact the rule may have on businesses:

This will have no adverse impact on business as it reduces certain regulatory requirements.

David Patton, PhD, Executive Director

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

Health
Disease Control and Prevention, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

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

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/15/2013

This rule may become effective on:

05/22/2013

Authorized by:

David Patton, Executive Director

R392. Health, Disease Control and Prevention, Environmental Services.

R392-510. Utah Indoor Clean Air Act.

R392-510-6. Requirements for Smoking Permitted Areas.

(1) Any enclosed area where smoking is permitted must be designed and operated to prevent exposure of persons outside the area to tobacco smoke generated in the area.

(2) If a lodging facility permits smoking as provided in Section 26-38-3(2)(b) in designated smoking-allowed guest rooms, or if a nursing home, assisted living facility, small health care facility, or hospital with a certified swing-bed program permits smoking as provided in Section 26-38-3(2)(b) in designated smoking-allowed private residential sleeping rooms, the facility's air handling system or systems must not allow air from any smoking-allowed area to mix with air in or to be used in:

(a) any part of the facility defined as a place of public access in Section 26-38-2(1);

(b) another room designated as a non-smoking room; or

(c) common areas of the facility, including dining areas, lobby areas and hallways.

(d) If an operator of a lodging facility chooses to modify the status of a room from a smoking to a non- smoking room, then the operator shall perform a full deep cleaning of the room. The deep cleaning shall include cleaning of carpets, bedding, drapes, walls, and any other object in the room which absorbs smoking particles or smoking fumes.[

(3) Smoking may be permitted in vehicles that are workplaces when not occupied by nonsmokers.]

 

KEY: public health, indoor air pollution, smoking, ventilation

Date of Enactment or Last Substantive Amendment: [October 15, 2012]2013

Notice of Continuation: April 2, 2012

Authorizing, and Implemented or Interpreted Law: 26-1-30(2); 26-15-1 et seq.; 26-38-1