(Amendment)
DAR File No.: 37454
Filed: 03/28/2013 03:58:05 PMRULE 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 84116-3231Direct 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
RULE TEXT
R392. Health, Disease Control andPrevention, Environmental Services.
R392-510. Utah Indoor Clean Air Act.
R392-510-6. Requirements for SmokingPermitted Areas.
(1) Any enclosed area where smoking ispermitted must be designed and operated to prevent exposure ofpersons outside the area to tobacco smoke generated in thearea.
(2) If a lodging facility permits smokingas provided in Section 26-38-3(2)(b) in designated smoking-allowedguest rooms, or if a nursing home, assisted living facility, smallhealth care facility, or hospital with a certified swing-bedprogram permits smoking as provided in Section 26-38-3(2)(b) indesignated smoking-allowed private residential sleeping rooms, thefacility's air handling system or systems must not allow airfrom any smoking-allowed area to mix with air in or to be usedin:
(a) any part of the facility defined as aplace of public access in Section 26-38-2(1);
(b) another room designated as anon-smoking room; or
(c) common areas of the facility,including dining areas, lobby areas and hallways.
(d) If an operator of a lodging facilitychooses to modify the status of a room from a smoking to a non-smoking room, then the operator shall perform a full deep cleaningof the room. The deep cleaning shall include cleaning of carpets,bedding, drapes, walls, and any other object in the room whichabsorbs smoking particles or smoking fumes.[
(3) Smoking may be permitted in vehicles that areworkplaces when not occupied by nonsmokers.]KEY: public health, indoor air pollution,smoking, ventilation
Date of Enactment or Last Substantive Amendment: [
October 15, 2012]2013Notice of Continuation: April 2, 2012
Authorizing, and Implemented orInterpreted Law: 26-1-30(2); 26-15-1 et seq.; 26-38-1
Document Information
- Effective Date:
- 5/22/2013
- Publication Date:
- 04/15/2013
- Type:
- Five-Year Notices of Review and Statements of Continuation
- Filed Date:
- 03/28/2013
- Agencies:
- Health,Disease Control and Prevention, Environmental Services
- Rulemaking Authority:
Section 26-15-2
- Authorized By:
- David Patton, Executive Director
- DAR File No.:
- 37454
- Related Chapter/Rule NO.: (1)
- R392-510-6. Requirements for Smoking Permitted Areas.