Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R805. Regents (Board of), University of Utah, Administration.

Rule R805-5. Enforcement of No Smoking Areas at University of Utah Hospitals and Clinics.

As in effect on October 1, 2019

Table of Contents

R805-5-1. Purpose.

1. To identify outdoor areas at University of Utah Hospitals and Clinics ("UUHC") facilities where smoking is prohibited.

2. To designate outdoor areas at UUHC facilities where smoking is permitted.

3. To set forth possible sanctions for persons who smoke in undesignated areas outside of UUHC facilities and the process for enforcement and discipline.

R805-5-2. Authority.

This rule is authorized by Sections 26-38-1 et seq., 53B-2-106, 63G-4-102, 76-6-206, and 76-8-701 through 76-8-718.

R805-5-3. Definitions.

1. "Designated smoking area" means an outdoor area equipped with signs indicating that smoking is permitted.

2. "Lighted tobacco" means both tobacco that is under self sustained combustion and tobacco that is heated to a point of smoking or vaporizing.

3. "Outdoor area" means the outdoor area of a UUHC facility, including parking garages, covered and uncovered parking lots, sidewalks, landscaping areas, and roadways of that UUHC facility.

4. "Smoke" or "Smoking" means the possession of any lighted tobacco product in any form.

5. "University of Utah Hospitals and Clinics facilities," "UUHC facilities," or "UUHC facility" means a facility or facilities in the University of Utah Health Care system, including, but not limited to, the University of Utah Hospital, Huntsman Cancer Hospital, University Orthopaedic Center, University Neuropsychiatric Institute, John A. Moran Eye Center, University of Utah Health Care Clinical Neurosciences Center, University of Utah Community Clinics, Utah Center for Reproductive Medicine, and the Utah Diabetes and Endocrinology Center.

6. "University property" means the University of Utah campus and any other property owned, operated, or controlled by the University of Utah and specifically includes the University of Utah's grounds, buildings, and roadways.

R805-5-4. Policy.

1. Established Utah Law

a. Subsection R392-510-9(1) prohibits smoking within 25 feet of any entrance-way, exit, open window, or air intake of publicly owned buildings, which includes UUHC facilities.

b. Section R392-510-4 authorizes UUHC facilities to prohibit smoking anywhere on their premises, including anywhere outdoors on their premises.

2. Further Prohibited Activities

a. No person may smoke in an outdoor area of a UUHC facility, including the 25 foot areas proscribed by current Utah law, unless the outdoor area is specifically designated by the UUHC facility as a designated smoking area.

R805-5-5. Enforcement and Sanctions.

1. Upon observing a person smoking in an outdoor area where smoking is prohibited, a UUHC official will request the person to extinguish the lighted tobacco product and, where applicable, may take one or more of the following actions:

a. Issue an administrative ticket to the person requiring the person to pay an administrative fee in an amount indicated on the ticket. Such administrative tickets are processed and settled through the UUHC facility.

b. Issue a citation to the person for criminal trespass pursuant to Section 76-6-206.

c. Issue the person a citation and temporary eviction from, and denial of access to, University property pursuant to Sections 76-8-701 through 76-8-718.

d. Evict the person from, and deny the person access to, University property after an informal adjudicative proceeding pursuant to Rule R765-134.

e. Seek a citation to the person by the State Department of Health pursuant to Section 26-38-9.

f. University of Utah students, staff, and faculty may also be subject to disciplinary action pursuant to the applicable policies and procedures of the University of Utah Regulations Library.

KEY

smoke, smoking, public health

Date of Enactment or Last Substantive Amendment

August 9, 2011

Notice of Continuation

January 25, 2016

Authorizing, Implemented, or Interpreted Law

26-38-1 et seq.; 53B-2-106; 63G-4-102; 76-6-206; 76-8-701 through 76-8-718


Additional Information

Contact

For questions regarding the content or application of rules under Title R805, please contact the promulgating agency (Regents (Board of), University of Utah, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.