Clean Indoor Air Act
Please note: Passage of the federal Tobacco 21 law, which on December 20, 2019 increased the legal sales age of tobacco products to individuals 21 and older, does not impact Pennsylvania's Clean Indoor Air Act. Individuals under the age of 18 are not permitted in businesses that have an exception to the CIAA and permit smoking. If you have any questions, please contact the Division of Tobacco Prevention and Control at (717) 783-6600. Thank you.
The Clean Indoor Air Act, Act 27 of 2008, was signed into law on June 13, 2008. The legislation prohibits smoking in a public place or a workplace and lists examples of what is considered a public place. The bill allows for some exceptions, including a private residence (except those licensed as a child care facility), a private social function where the site involved is under the control of the sponsor (except where the site is owned, leased or operated by a state or local government agency) and a wholesale or retail tobacco shop. It also imposes penalties for those establishments in noncompliance, as well as those individuals smoking in prohibited areas.
How to Report a Violation
If a public place is licensed by the Commonwealth, the CIAA directs the DOH to refer complaints to the state licensing agency for investigation and enforcement. If there is not a state licensing agency with jurisdiction over the potential violator, the complaint is handled by the DOH. When the DOH receives a complaint against an establishment that is not licensed by another state agency, the DOH sends a warning letter to the establishment after determining the complaint is valid.
The Clean Indoor Air Act (CIAA) lists several types of exceptions, five of which require approval by the Department of Health (DOH). These exceptions include two types of drinking establishments (referred to in the CIAA as type I drinking establishments and type II drinking establishments), two types of cigar bars (referred to in the CIAA as type I cigar bars and type II cigar bars), and tobacco shops.