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Utah Clean Indoor Act Amendments
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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.
 
 
   

What these amendments to the law do:

Give authority to condominium associations to restrict smoking in units, common areas, and yard space.
57-8-16-7 (a), (b)

Give authority for apartment rental contracts to include prohibitions on smoking in units, on the premises, or both.
57-22-5-1 (h) .

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)

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.

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)

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.

 
 
Email the WebMaster
Email the Web Master
Tooele County Health Department Environmental Health
151 North Main Street • Tooele, Utah • 84074
(435) 277-2440   •  (435) 277-2444 Fax
"Protecting Your Future"