Act 27 of 2008, the Clean Indoor Air Act

Guidance on Pennsylvania Clean Indoor Air Act Provisions and Exceptions for Specific Organizations, Facilities, Residences and Events

 

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 members
  • A 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

 

 

  • A 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
  • A volunteer rescue 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

 

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.

 

"Private homes, private residences, 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.

 

"An 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.

 

   

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Additional information for the provisions of the Clean Indoor Air Act is provided in the following guidance documents:

 

Guidance for Public Places and Workplaces

 

Guidance for Obtaining Clean Indoor Air Act Exception Approval from the Department of Health:

  • Tobacco Shops
  • Cigar Bars
  • Drinking Establishments