No Smoking.bmp Clean Indoor Air Act

Clean Indoor Air Act

On June 10, 2008 the Pennsylvania General Assembly passed legislation that will make most workplaces and public places in Pennsylvania smoke-free. While not a perfect law, this landmark legislation will protect millions of Pennsylvanians from secondhand smoke, the third leading cause of preventable death.

The following information is provided as an aid to the public and to employers so there is a better understanding and successful implementation of the law. Clinical Outcomes Group, Inc. is available to provide technical assistance, policy development assistance, tobacco cessation services, and information about how the law affects individuals, employers and the public.

The intricacies and interpretation of the text of law can be complex, and not all questions may be able to be answered definitively or immediately. Please check back to this website or contact our office directly at 1-800-264-1290 if the information provided does not address your questions or concerns. We are happy to assist you.

Summary of the Pennsylvania Smoke-Free Law

Pennsylvania’s Clean Indoor Air Act S.B. 246
(Establishing smoke-free indoor public and workplaces)

The Clean Indoor Air Act indicates no person shall carry a lighted cigar, cigarette, pipe, or other lighted smoking device in the any of the following locations:
• All enclosed public places where the public is invited including and not limited to:
• educational facilities
• health care related facilities
• mass transportation (train, subway, bus, chartered bus, plane, taxicab, limousine)
• train station, subway station, bus station
• public facility
• sports or recreational facility
• theater or performance establishment
• restaurants
• nightclubs
• public meetings
• workplaces (indoor area serving place of employment, occupation, business, trade, craft, professional or volunteer activity)

The law exempts the following places, permitting smoking in:
• Private residence or vehicle, unless they are
being used for child care, adult day care or services related to the care of children and youth in State or county custody.
• 25% of the total number of sleeping quarters
available for rent in a single lodging establishment
• All designated sleeping quarters within a full
service truck stop (with shower facilities for fee).
• 25% of casino gaming floors (or up to 50% if the casino can show loss of business). However, due to a standing smoke-free law in the City of Philadelphia, the two casinos in Philadelphia will be 100% smoke-free.
• Workplaces of any manufacturer, importer, wholesaler of tobacco products, including lighters, of any tobacco leaf dealer or processor and all tobacco storage facilities.
• Separate enclosed room or designated smoking
rooms in a residential adult care facility, community mental health care facility, drug and alcohol facility, or other residential healthcare facilities and day treatment programs.
• Bars that have total annual sales of food for
on-premises consumption of less than or equal to 20% of combined gross sales of the establishment. There are additional specific requirements to qualify for this exemption.
• Bars with a smoking room. There are additional
specific requirements to qualify for this exemption.
• Cigar bars. There are additional specific
requirements to qualify for this exemption.
• Private Clubs who have been in existence for 10
or more years, as well as volunteer ambulance, fire and rescue companies. A vote must be taken by the officers of the club. There are an additional specific set of requirements to qualify for this exemption.
• Non-profit fundraisers that must be held by a
non-profit or charitable organization in a place separate from other public areas, which does not permit anyone under 18 years and food and beverage must be served. A one event per year limit exists.