No. 29856: R392-510. Utah Indoor Clean Air Act

DAR File No.: 29856
Filed: 04/23/2007, 12:31
Received by: NL

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:

The rule is authorized by Subsection 26-1-30(2) and Sections 26-15-12 and 26-38-1. Subsection 26-1-30(2) authorizes the Department to take various actions to promote the health of the public. Title 26, Chapter 15, requires the Department to establish sanitation rules necessary to protect the public health in various places of public access and Section 26-15-12 specifically requires the Department to adopt rules for the enforcement of the 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:

The Bureau of Epidemiology, Environmental Sanitation Program has not received any written comments in support or in opposition of this rule from the general public.

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

The rule establishes requirements and standards for the implementation of the Utah Indoor Clean Air Act. Secondhand smoke has been implicated in causing premature death and disease in children and adults who do not smoke. This rule is important because it protects the public from being exposed to the health effects of secondhand smoke in places of public access. Children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome, acute respiratory infections, ear problems, and more severe cases of asthma. Adults exposed to secondhand smoke experience immediate adverse effects on their cardiovascular systems. Secondhand smoke has also been linked to cause coronary heart disease and lung cancer. Scientific evidence indicates that there is no risk-free level of exposure to second hand smoke. Continuation of this rule is important to protect public health in Utah.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Epidemiology and Laboratory Services, Environmental Services
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct 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 [e-mail]

Authorized by:

David N. Sundwall, Executive Director