Idaho Clean
Indoor Air Act
Questions & Answers
Senator Brent Hill
Idaho’s Clean Indoor Air Act that prohibits smoking in public places goes into effect on July 1. Since its passage by the 2004 Legislature, I have received dozens of calls asking how the law will apply to specific situations. The Department of Health and Welfare is in the process of promulgating rules, but that process will not be complete until well after businesses must comply with the law on July 1.
As author of the Clean Indoor Air Act, I can at least explain the legislative intent of the new law. While the final rules may further clarify the law, here are my opinions regarding the most commonly asked questions:
Q: What
is a “public place?”
A: Any enclosed indoor place of business, whether publicly or privately owned,
to which persons other than employees have general and regular access or which
the public uses. Examples include: Office buildings, all retail stores, restaurants,
hospitals, schools, concert halls, indoor sports arenas.
Q: So
are “designated smoking areas” still permitted in public places?
A: No.
Q: Are
there exceptions to the smoke-free rules?
A: Yes. The most notable exceptions are bars and bowling centers.
Q: Does
that mean bars and bowling centers must allow smoking?
A: No. Any proprietor can prohibit smoking within a business establishment.
Q: Must
outdoor (i.e. patio) seating at restaurants also be smoke free?
A: No. The law only covers indoor facilities.
Q: If
there is a bar within a restaurant, can smoking be allowed in the bar if it
is enclosed with walls or glass partitions?
A: No. The law specifically prohibits smoking in bars within restaurants,
even if they are separately enclosed.
Q: Can
a bar that serves food ever allow smoking?
A: Yes, but only if it restricts admittance to adults over age 21 and clearly
posts at the entrances that smoking is permitted.
Q: What
if a “general store” has sections for groceries, dry goods, snack bar, fishing
gear, etc., and a small area where beer is served? Can smoking be allowed
in the “bar area?”
A: No. A bar must be a separate facility with a separate outside entrance.
Q: What about professional (i.e. legal, accounting,
real estate) offices?
A: Smoking is not permitted even when clients/customers are not present.
Q: What about manufacturing plants?
A: The law does not prohibit smoking in manufacturing and other facilities
unless “persons other than employees have general and regular access” to the
facilities.
Q: I hear
smoking will not be allowed within twenty feet of public places. Is that true?
A: The twenty-foot “halo” around public entrances only applies to indoor shopping
malls, airport terminals, indoor sports arenas, hospitals, libraries, concert
halls, and schools. Hotels, restaurants and other retail establishments are
not subject to the smoking prohibition within twenty feet.
Q: Can
airport terminals provide designated smoking rooms?
A: No.
Q: Can
hotels still provide “smoking rooms?”
A: Yes, but all common areas must be smoke-free.
Q: What
about a small business within my private home?
A: An office or small business, other than a child care facility, occupying
less than 50% of a private residence, is not required to be smoke-free.
Q: Can
a business have smoking break rooms for its employees?
A: No. Only very small businesses with five or fewer employees are permitted
to maintain smoking break rooms, and even they are subject to restrictions.
Q: Can
a business build a shelter outside its facility where employees can smoke?
A: Yes, but it must not share the same ventilation system with the public
facility.
Q: What
do I do if someone is smoking in a public place?
A: No-smoking laws are pretty much self-enforcing. If someone is violating
the law, they probably just need to be reminded. However, you may report the
violation to an owner or employee of the business.
Q: What
is the business owner’s responsibility?
A: To ask the smoker to either extinguish the smoking material or leave the
premises. If the smoker refuses, the business may contact law enforcement.
Q: Can
a city council pass ordinances to prohibit smoking in bowling centers and/or
bars?
A: Yes. The law specifically permits local municipalities to pass laws more
restrictive than the state law.
Q: How
can a business be sure it is in compliance with the new law?
A: If in doubt, I would suggest you consult an attorney. But be very cautious
not to stretch the intent of Idaho’s Clean Indoor Air Act. You or your attorney
can access the legislation at www3.state.id.us/oasis/S1283.html.