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| The amendments
were passed in 1997 by the Utah State Legislature. They apply to tobacco
smoke that drifts into any residential unit a person rents, leases,
or owns from another residential or commercial unit. |
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What these
amendments to the law do: |
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Give authority to condominium associations to restrict smoking
in units, common areas, and yard space.
57-8-16-7
(a), (b) |
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Give authority for apartment rental contracts to include
prohibitions on smoking in units, on the premises, or both.
57-22-5-1
(h) . |
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Establish any tobacco smoke that drifts into any residential
unit a person rents, leases, or owns as a nuisance under the
law. (In order to be a nuisance the smoke must drift
more than once a day for two days or more in a row.)
78-38 - 1(3) |
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Provide that residents of condominiums, apartments, or private
homes may seek injunctive relief and/or damages if exposed
to nuisance tobacco smoke 78-38-1 (3). Tooele County Health Departments
Division of Environmental Health does not enforce the law.
Any action taken would be a civil matter; you may want to
consult with your legal advisor about actions you can take
regarding this issue. |
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Exempt rental units, such as for vacations or available for
only 30 days or less at a time. 78-38-1
(4),(5) . (These units are not exempt from
restrictions placed by a condo association.) 57-8-16-7
(a), (b) |
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Provide authority for an apartment renter to file a nuisance
action under 78-38-1
(1) even if the renter has signed away their
rights in a rental contract or lease. |
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