1. (1) Any enclosed area where smoking is permitted must be designed and operated to prevent exposure of persons outside the area to tobacco smoke generated in the area.

2. (2) A building's HVAC system may not allow air from any smoking-permitted area to mix with air in or to be used in:

   1. (a) any part of the facility defined as a place of public access;
   2. (b) another room designated as a non-smoking room; or
   3. (c) any common area of the facility, including dining areas, lobby areas, and hallways.

3. (3) If an operator of a public lodging facility chooses to modify the status of a guest room from a smoking to a non-smoking guest room, then the operator shall perform a full deep cleaning of the guest room, which shall include cleaning of:

   1. (a) carpets;
   2. (b) bedding;
   3. (c) drapes;
   4. (d) walls; and
   5. (e) any other object in the room that may have absorbed smoke particles or fumes.
4. (4) Visual or olfactory observation is sufficient to determine whether a smoking-permitted area meets the requirements of this section.

KEY: public health, indoor air pollution, smoking, ventilation

Date of Last Change: August 22, 2023

Notice of Continuation: November 16, 2021

Authorizing, and Implemented or Interpreted Law: 26B-1-202; 26B-7-502; 26B-7-503(6)