DAR File No. 41368

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.: 41368
Filed: 03/15/2017 01:22:34 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:

Rule R392-510 is authorized under Section 26-1-5, Subsection 26-1-30(4), and Section 26-15-12. Section 26-1-5 gives the department rulemaking authority to carry out the provisions of Title 26. Subsection 26-1-30(4) charges the department to create rules to protect the public health or to prevent disease and illness. Section 26-15-12 requires the department to adopt rules necessary and reasonable to implement the provisions of Title 26, Chapter 38, 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:

No comments have been received in favor or in opposition to Rule R392-510.

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

A report in 2006 by the U.S. Surgeon General concluded that there is no risk-free level of exposure to secondhand tobacco smoke and that the implementation of smoke-free laws is the most effective way to reduce this exposure to the public (see Reference 1). Research shows that the effective implementation of smoke-free regulations improves the health of workers and individuals. It has been found that among workers smoke-free laws reduce respiratory disease symptoms (see Reference 2) and that among the general population these laws: decrease the morbidity rates of those with heart disease (see Reference 2); decrease the incidence of heart attacks and stroke (see Reference 3); decrease respiratory disease; and reduce hospital admissions (see Reference 4). Many of these health benefits are seen shortly after the smoke-free regulations are put into place (see References 1 through 5). The more comprehensive the smoke-free law the greater the decrease in negative health events (see Reference 4). The American Lung Association has rated the Utah Indoor Clean Air Regulation as an "A" grade because of breadth of places that are included in the law; all places of public access (see Reference 7). The exemptions to the indoor clean air regulation are few and set to expire. Though allowed legally, Salt Lake City has closed the smoking rooms at the international airport and the allowance of hookah bars and e-cigarette sampling is set to sunset in 2017. Though there is still room for improvement the Utah indoor clean air regulations should be considered a model smoke-free policy. The rule that is a part of the Utah Indoor clean air regulation is: 1) required by statute and 2) strengthens the statute. Section 26-15-12 states that the department of health "�shall adopt rules necessary and reasonable to implement the provisions of Title 26, Chapter 38, Utah Indoor Clean Air Act." Rule R392-510 is the health department's fulfillment of its legal obligation. Rule R392-510 adds to the statue by providing details on what the legal requirements are of those who have responsibility over places of public access. This includes proper signage, enforcement, protection for claimants, and specific cases where the law does and does not apply. The Utah Department of Health recommends the continuation of Rule R392-510. Not only is the department obligated by law to implement such a rule, Rule R392-510 is a model policy that protects the health of Utahns and its visitors from secondhand tobacco smoke. REFERENCE 1: Office on Smoking and Health (US). The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. Atlanta (GA): Centers for Disease Control and Prevention (US); 2006 -- https://www.ncbi.nlm.nih.gov/books/NBK44324/. REFERENCE 2: International Agency for Research on Cancer (IARC). IARC Handbooks of Cancer Prevention, Tobacco Control, Vol. 13: Evaluating the Effectiveness of Smoke-Free Policies; 2009 -- http://www.iarc.fr/en/publications/pdfs-online/prev/handbook13/handbook13-0.pdf. REFERENCE 3: Institute of Medicine. Secondhand Smoke Exposure and Cardiovascular Effects: Making Sense of the Evidence. Washington: The National Academies Press, 2010 -- https://www.nap.edu/catalog/12649/secondhand-smoke-exposure-and-cardiovascular-effects-making-sense-of-the. REFERENCE 4: Tan CE, Glantz SA. Association Between Smoke-Free Legislation and Hospitalizations for Cardiac, Cerebrovascular, and Respiratory Diseases: A Meta-Analysis. Circulation 2012; 126:2177�83. REFERENCE 5: Hahn EJ. Smoke-free Legislation: A Review of Health and Economic Outcomes Research. American Journal of Preventive Medicine 2010; 39(6S1):S66�S76. REFERENCE 6: Goodman PG, Haw S, Kabir Z, Clancy L. Are There Health Benefits Associated With Comprehensive Smoke-Free Laws? International Journal of Public Health 2009; 54:367�78. REFERENCE 7: American Lung Association. State of Tobacco Control 2016; Utah. 2016 -- http://www.lung.org/our-initiatives/tobacco/reports-resources/sotc/#smokefree-air

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Chris Nelson at the above address, by phone at 801-538-6739, by FAX at , or by Internet E-mail at [email protected]

Effective:

03/15/2017

Authorized by:

Joseph Miner, Executive Director