Clean Indoor Air Act Guidance

• Public Places and Workplaces
  
• Specific Organizations, Facilities, Residences and Events
• Tobacco Shops, Cigar Bars and Drinking Establishments
  

Pennsylvania Clean Indoor Air Legislation

Act 27 of 2008, The Clean Indoor Air Act (CIAA) regulates smoking in public places and workplaces across the Commonwealth of Pennsylvania with the exception of the City of Philadelphia.

The CIAA names the Department of Health as the primary Commonwealth agency responsible for implementing the law through education and enforcement of the provisions of the CIAA.

Beginning on September 11, 2008, smoking is not allowed in public places or workplaces.

The CIAA defines a "public place" as an enclosed area which serves as a workplace, commercial establishment, or an area where the public is invited or permitted. The term "public place" includes, but is not limited to:

Facilities which provide education, food or health care-related services:

• Schools
• Restaurants and bars
• Healthcare facilities (hospitals, outpatient clinics, medical offices)
• Vehicles used for mass transportation
• Train
• Subway
• Bus, including a chartered bus
• Plane
• Taxicab
• Limousine
• Mass transportation stations
• Train
• Subway
• Bus
• Public Facility
• Child or adult daycare facilities
• Private homes providing childcare or adult day-care services
• A sports or recreational facility
• A theater or performance establishment
• Nightclubs

The CIAA defines a "workplace" as an indoor area serving as a place of employment, occupation, business, trade, craft, professional or volunteer activity. Place of employment means the area that an employee uses for work or any other purpose which includes, but is not limited to:

• Offices
• Meeting rooms
• Sales, production and storage areas
• Cafeterias, lunch rooms, break rooms
• Restrooms
• Stairways
• Hallways
• Warehouses
• Garages
• Employer-owned work vehicles

Owner/Employer responsibilities:

If you operate a place of employment, smoking is not allowed at your establishment effective September 11, 2008. If you see customers, staff, or visitors smoking, you or your staff must tell them not to smoke indoors.

The Department of Health recommends that you remove ashtrays and other receptacles used to extinguish cigarettes or other smoking items. A Business Owner's Clean Indoor Air Compliance Toolkit has been developed by the Pennsylvania Alliance to Control Tobacco (PACT), and includes additional guidance for establishing your smoke-free workplace.

Signage requirements:

The CIAA requires that no smoking signs or the international no smoking symbol which consists of a pictorial representation of a burning cigarette in a circle with a bar across it must be prominently posted and properly maintained where smoking is not permitted.

No smoking signs have been designed uniquely for Pennsylvania, and are included in the Business Owner's Clean Indoor Air Compliance Toolkit.

Outdoor smoking

With the exception of sports or recreational facilities, theater or performance establishments, the outdoor property of a business building is not covered by the Pennsylvania Clean Indoor Air Act. The Department of Health recommends that the designated area for smoking be located in an area away from building entrances, windows or openings, and have appropriate containers for ash and cigarette disposal.

Permitted distance from doorways to smoke

The CIAA does not provide a required minimum distance. If possible, a distance of 20 feet is recommended.

Penalties of the Clean Indoor Air Act

The CIAA provides for the following penalties:

• The owner, operator or manager of the premises may be penalized for failing to post proper signage in amounts ranging from $250 to $1,000.
• The owner, operator or manager of the premises may be penalized for allowing smoking where it is prohibited in amounts ranging from $250 to $1,000
• A person (patron or employ of the premises) may be penalized for smoking where it is prohibited in amounts ranging from $250 to $1,000
• The owner, operator, manager of the premises, or a lessee if in actual control of the premises is responsible for ensuring compliance and may be penalized.

Frequently Asked Questions for Public Places and Workplaces

Our volunteer fire company has two separate buildings for bingo – one for smokers and one for non-smokers. How will the CIAA affect our bingo?

The CIAA requires that bingo halls that are open to the public must be smoke-free. Detailed information on the responsibilities of volunteer fire, ambulance and rescue companies are provided in the Guidance on Pennsylvania Clean Indoor Air Act Provisions and Exceptions for Specific Organizations, Workplaces, Facilities, Residences and Events under "Private Clubs"

Our place of worship owns and operates a bingo which is open to the public. Do we need to be smoke-free?

Yes. By CIAA definition your establishment is both a public place and a workplace that may not permit smoking.

Our restaurant has an outside deck. Is there anything that prohibits us from making the deck non-smoking since it is outside?

The CIAA does not ban smoking for structures such as a deck or patio that is not enclosed by walls and a ceiling, but does make it clear that nothing in the Act is intended to preclude the owner of a public or private property from prohibiting smoking on the property.

Can employees working in an auto body shop smoke on the work floor? Is smoking outside permitted during working hours?

No, employees may not smoke on the work floor. Permitting smoking outside during working hours is at the discretion of the employer and, if allowed, should be in a designated area away from openings into the work area.

Our business is a union workplace. How do we establish our policy to comply with the Clean Indoor Air Act?

The CIAA smoke-free requirement for the indoor workplace and public places supersedes all union agreements related to smoking in the indoor areas of a workplace or public place. Any other policy would relate to outdoor smoking and accommodations for your workers.

In the construction industry workers are outside putting up residential or commercial buildings. When is a newly enclosed space considered a smoke free workplace?

As the construction of a building may be completed in phases, when a portion of the building is enclosed with a floor, walls and a ceiling that area of the building is considered to be a smoke free workplace.

Can an organization build a separate smoking area which has no food or alcohol service, has its own ventilation system and entrance completely apart from food prep/service/customer areas?

The CIAA does not permit the construction of a separate area with its own ventilation system and entrance for the sole purpose of smoking.

Our county jail currently allows inmates to smoke inside and allows smoking in an administrative office that is attached, but outside of the jail itself. Both the jail and the administrative office are located in the CountyCourthouse. Will the legislation ban smoking in the jail by inmates and staff? Will the legislation ban smoking in the administrative office.

Both the jail and the administrative offices are workplaces, and as such must be smoke free in any and all indoor areas.

Our day care facility is currently non smoking and we want the grounds to be smoke free as well. What do we need to do to be a completely smoke-free facility?

There are no restrictions on business owners that want to extend the no smoking area of their property to include the outdoor area. This can be accomplished by posting appropriate signage and implementing an outdoor smoke free policy for employees and the public.

Pennsylvania Clean Indoor Air Legislation
 
Act 27 of 2008, The Clean Indoor Air Act (CIAA) regulates smoking in public places and workplaces across the Commonwealth of Pennsylvania with the exception of the City of Philadelphia. The CIAA names the Department of Health as the Commonwealth agency responsible for implementing the law through education and enforcement of the provisions of the CIAA.
 
Section 3 (b) of the CIAA identifies certain establishments which are exceptions to the general rule that "an individual may not engage in smoking in a public place." However, the Clean Indoor Air Act makes it clear that nothing in the Act is intended to preclude the owner of a public or private property from prohibiting smoking on the property. Owners are encouraged to prohibit smoking in indoor or enclosed areas on their property even where they are not required to do so.
 
Private Clubs
 
The CIAA defines a "private club" as an organization which is any of the following:

• A reputable group of individuals associated together as an organization for legitimate purposes of mutual benefit, entertainment, fellowship or lawful convenience. This type of private club must meet the following requirements in order to be identified as a private club:
• As of the effective date of the CIAA, September 11, 2008 , the organization must have been in continuous existence for a period of ten years.
• The organization must regularly and exclusively occupy, as owner or lessee, a clubhouse or quarter for the use of its members. 
  

The organization must:

1. Hold regular meetings.
2. Conduct its business through officers regularly elected.
3. Admit members by written application, investigation and ballot.
4. Charge and collect dues from elected member

• Volunteer Ambulance Service
  This type of private club must meet the following requirements in order to be identified as a private club:
  

1. Bylaws
2. Hold annual election of officers

• Volunteer Fire Company
  This type of private club must meet the following requirements in order to be identified as a private club:
  

1. Bylaws
2. Hold annual election of officers

• Volunteer Rescue Company
  This type of private club must meet the following requirements in order to be identified as a private club:
  

• Bylaws
• Hold annual election of officers
  

In order to qualify for the private club exception, the organization must take and record a vote of its officers under the bylaws to address smoking in the private club's facilities.
 
If the officers vote to allow smoking in the private club's facilities, members may smoke during member-only meetings and activities.
 
A private club may not permit smoking when the club is:

• Open to the public through general advertisement for a club-sponsored event. This includes, but is not limited to bingo halls.
• Leased or used for a private event which is not club sponsored.
  

The CIAA does not require submission of an application to the Department of Health or a written approval. The Department recommends that private clubs report the outcome of the officers' vote to address smoking to the Department so that the information is available should any complaints of violations be reported.
 
A form to report the status of the private club to the Department will be available on the Department's website here.
 
Private Homes, Private Residences and Private Vehicles
 
The CIAA bans smoking in private homes, private residences or private vehicles during the time that the home, residence or vehicle is being used to:

• Provide adult day-care services
• Provide child-care services
• Provide care of children and youth in state or county custody
  

Designated Quarters
 
The CIAA provides for lodging establishments which are available for rent to guests to permit smoking in designated quarters constituting no more than twenty-five percent (25%) of the total number of lodging units within a single lodging establish. This includes, but is not limited to hotels and motels. "Smoking permitted" signage must be posted at the entrance to each room identified as a smoking room. "No smoking permitted" signage must be posted at the entrance to each room identified as a non-smoking room. Smoking is not permitted in any other areas of the lodging establishments and appropriate signage should be posted in these areas.
 
The CIAA provides for smoking within designated quarters of quarters of a "full service truck stop." The CIAA defines a full service truck stop as an establishment catering to long-haul truck drivers that provides shower facilities for a fee. Appropriate signage is required for areas designated as smoking permitted and areas designated as non-smoking.
 
"A workplace of a manufacturer, importer or wholesaler of tobacco products; a manufacturer of tobacco related products, including lighters; a tobacco leaf dealer or processor; or a tobacco storage facility"
 
The CIAA provides an exception to allow smoking in the above listed workplaces. Appropriate signage is required for areas designated as smoking permitted and areas designated as non-smoking.
 
Residential Facilities
 
The CIAA provides an exception for the following residential facilities:

• Long-term care facilities that are regulated under the federal law, 42 CFR 483.15 (relating to quality of life) that requires the facility to provide accommodation for patients or clients who smoke. If the federal law is abrogated (abolished) or expires, this exception will not apply. The accommodation is for current patients or residents, and does not apply to employees or visitors.
• Residential adult care facilities, community mental health facilities, drug and alcohol facilities or other residential health care facilities not covered under 42 CFR 483.15 may provide a separate enclosed room or designated smoking room for the patients or clients only. The exception does not apply to the employer, the employees or visitors. Appropriate signage is required for area designated as smoking permitted and areas designated as non-smoking.
• A facility which provides day treatment programs may provide a designated smoking room for the patients or clients only. The exception does not apply to the employer, the employees or visitors. Appropriate signage is required for area designated as smoking permitted and areas designated as non-smoking.

Fundraiser Conducted by a Nonprofit and Charitable Organization

The CIAA provides for a one time per year fundraiser by a nonprofit and charitable organization to permit smoking if all of the following apply:

• The place is separate from other public areas during the event
• Food and beverages are available to attendees
• Individuals under 18 years of age are not permitted to attend
• Cigars are sold, auctioned or given as gifts, and cigars are a feature of the event
  

The CIAA does not require submission of an application to the Department of Health or a written approval for the one time per year fundraiser. The Department recommends that the nonprofit and charitable organization notify the Department of the date, time, and location in advance of the event so that the information is available should any complaints of violations be reported.
 
A form to report scheduled events to the Department will be available on the Department's website.
 
Exhibition hall, conference room, catering hall or similar facility used exclusively for an event to which the public is invited for the primary purpose of promoting or sampling tobacco products
 
The CIAA provides an exception to permit smoking subject to the following requirements:

• Service of food and drink is incidental
• The sponsor or organizer gives notice in all advertisements and other promotional materials that smoking will not be restricted
• At least seventy-five percent (75%) of all products displayed or distributed at the event are tobacco or tobacco-related products
• Notice that smoking will not be restricted is prominently posted at the entrance to the facility.

 
The CIAA limits a single retailer, manufacturer or distributor of tobacco to no more than six days of a promotional event in any calendar year.
 
The CIAA does not require submission of an application to the Department of Health or a written approval for the promotional events. The Department recommends that the single retailer, manufacturer or distributor of tobacco notify the Department of the date, time, and location in advance of each event so that the information is available should any complaints of violations be reported.
 
A form to report scheduled events to the Department will be available on the Department's website.
 
Gaming Floor at a Licensed Facility
 
The CIAA allows twenty-five percent (25%) of the gaming floor at a facility licensed by the Pennsylvania Gaming Control Board to permit smoking and provides the following additional exception:

• No earlier than 90 days following the effective date, September 11, 2008, or the date of commencement of slot machine operations at a licensed facility, the facility shall request a report from the Department of Revenue that analyzes the gross terminal revenue per slot machine unit in operation of the licensed facility within the 90-day period preceding the request.
• If the report shows that the average gross terminal revenue per slot machine unit in the designated smoking area equals or exceeds the average gross terminal revenue per slot machine unit in the designated non smoking area, the licensed facility may increase the designated smoking area of the gaming floor in proportion to the percentage difference in revenue.
• A licensed facility may request this report from the Department of Revenue on a quarterly basis and may increase the designated smoking area of the gaming floor accordingly.
• At no time may the designated smoking area exceed fifty percent (50%) of the gaming floor.
• The Pennsylvania Gaming Control Board shall have jurisdiction to verify the gross terminal revenues included in the report to ensure compliance with the requirements.
• Movement of the licensed facility from a temporary facility to a permanent facility shall not require the licensed facility to revert to the minimum percentage set forth under this paragraph.
• Smoking permitted signage must be posted prominently in the smoking area of the gaming floor. Smoking is not permitted in any other indoor areas of the licensed facility, and appropriate signage must be posted prominently in these areas.
  

Sports or Recreational Facility, Theater or Performance Establishment Exception
 
The CIAA does not permit smoking in a sports or recreational facility nor in a theater or performance establishment. The CIAA provides an exception to permit smoking within the confines of the facility in a designated outdoor smoking area.
 
The Department recommends that the designated outdoor smoking area be located away from entrances or openings to the facility, be clearing identified as the designated smoking area by appropriate and prominent signage and that receptacles for ash and tobacco products are provided.
 

Pennsylvania Clean Indoor Air Legislation
 
Act 27 of 2008, The Clean Indoor Air Act (CIAA) regulates smoking in public places and workplaces across the Commonwealth of Pennsylvania with the exception of the City of Philadelphia. The CIAA names the Department of Health as the Commonwealth agency responsible for implementing the law through education and enforcement of the provisions of the CIAA. Section 3 (b) of the CIAA identifies the establishments which are eligible for an exception from the smoking ban, and the requirements for obtaining an exception.
 
Tobacco Shop
 
The CIAA provides an exception for a tobacco shop. A tobacco shop must complete an Application for Exception form and receive written approval from the Department of Health.
 
A tobacco shop is defined as a business establishment whose sales of tobacco and tobacco related products, including cigars, pipe tobacco and smoking accessories, are equal to or greater than fifty percent (50%) of the gross annual (calendar year) sales.
 
To receive approval for an exception from banning smoking, the tobacco shop establishment must document that sales of tobacco and tobacco related products are equal to or greater than fifty percent (50%) of the gross annual (calendar year) sales.
 
The term, “tobacco shop” as defined in the CIAA does not include a stand-alone kiosk or an establishment comprised solely of cigarette vending machines.
 
If the tobacco shop applies for an exception by September 10, 2008, the establishment may permit smoking pending receipt of written approval by the Department of Health
 
If the tobacco shop applies for an exception on or after September 11, 2008, and is open for business, the establishment must remain smoke free pending receipt of written approval for the exception from the Department of Health.
 
Cigar Bar
 
The CIAA provides for two types of Cigar Bar exceptions. The cigar bar must complete an Application for Exception form and obtain written approval by the Department of Health.
 
The first type of exception allows a cigar bar to apply for an exception if, on September 11, 2008, the effective date of the CIAA, the establishment meets the following requirements:

• The establishment has a valid restaurant liquor license or an eating place retail dispenser license.
•  The establishment is physically connected by a door, passageway or other opening and directly adjacent to a tobacco shop. A tobacco shop is defined as a business establishment whose sales of tobacco and tobacco related products, including cigars, pipe tobacco and smoking accessories, are equal to or greater than fifty percent (50%) of the gross annual (calendar year) sales.
  

The application for this type of exception must be received by September 10, 2008. The establishment may permit smoking pending receipt of written approval by the Department of Health
 
The second type of exception allows a cigar bar to apply for an exception before, on or after September 11, 2008, the effective date of the CIAA, if the establishment meets the following requirements:

• The establishment has a valid restaurant liquor license or an eating place retail dispenser license.
•  The establishment has total annual sales of tobacco products, including tobacco, accessories or cigar storage lockers or humidors of at least 15% of the combined gross sales of the establishment.
  

If the cigar applies for this type of exception by September 10, 2008, the establishment may permit smoking pending receipt of written approval by the Department of Health
 
If the cigar bar applies for an exception on or after September 11, 2008, and is open for business, the establishment must remain smoke free pending receipt of written approval for the exception from the Department of Health.
 
Drinking Establishment (Bars and Bar-Restaurant Establishments)
 
The CIAA provides for two drinking establishment exceptions . The drinking establishment must complete an Application for Exception form and obtain written approval by the Department of Health.
 
The term “drinking establishment” does not include a nightclub, which is defined as a public hall or hall for which admission is generally charged and which is primarily or predominately devoted to dancing or to shows or cabarets as opposed to a facility that is primarily a bar, tavern, or dining facility. The CIAA defines a nightclub as a public place and as a place of employment that must be smoke free.
 
The first exception allows the drinking establishment to apply for an exception before, on or after September 11, 2008 , if the drinking establishment meets the following requirements:

• The establishment has a valid restaurant liquor license or an eating place retail dispenser license.
• The establishment has total annual (calendar year) sales of food sold for on-premises consumption of less than or equal to 20% of the combined gross sales.
• The establishment does not permit individuals under the age of 18 years of age in the establishment at any time or for any reason. This includes children of business owners or children accompanied by adults entering the establishment to pick up take out food. The establishment posts signage at all entrances stating “No one under the age of 18 permitted”.
• The establishment posts signage at all entrances stating smoking is permitted.
  

If the establishment submits the application for this exception, including the required documentation, to the Department of Health by September 10, 2008, the establishment may permit smoking pending receipt of written approval for the exception from the Department of Health.
 
If a drinking establishment applies for an exception on or after September 11, 2008 and is open for business, the establishment must remain smoke free pending receipt of written approval for the exception from the Department of Health.
 
The second exception allows a drinking establishment to apply for an exception if on September 11, 2008, the effective date of the CIAA, the drinking establishment has an enclosed bar area within its bar-restaurant that meets the following requirements:

• The establishment has a valid restaurant liquor license or an eating place retail dispenser license.
• The bar area is a physically connected or adjacent enclosed area which is separate from the eating area.
• The bar area has a separate air system and a separate outside entrance.
• The establishment does not permit individuals under the age of 18 years of age in the enclosed bar area at any time or for any reason. This includes children of business owners or children accompanied by adults entering the enclosed bar area to pick up take out food. The establishment posts signage at all entrances to the enclosed bar area stating “No one under the age of 18 permitted”.
• The establishment posts signage at all entrances to the enclosed bar area stating “smoking is permitted”.
• The sales of food consumed in the enclosed bar area where smoking is permitted must be less than or equal to twenty percent (20%) of the combined annual (calendar year) gross sales within the permitted smoking area.
  

The establishment must submit the application for this exception, including the required documentation , to the Department of Health by September 10, 2008.
 
If the establishment has met the requirements for the exception, including final approval to serve liquor by the Liquor Control Board for any completed interior changes, the establishment may permit smoking in the bar area pending receipt of written approval by the Department of Health
 
If an establishment has filed a PLCB 49 extension form to change the interior premises to obtain an exception, and the required enclosure, separate outside entrance and separate ventilation system have not been completed, the establishment may not permit smoking in their drinking establishment until the PLCB P49 extension process has been completed, including final inspection by the LCB.