The people of Washington State voted to expand the state Clean Indoor Air Act, now called Smoking in Public Places Law, making all indoor public and work places smoke-free. The new law prohibits smoking in any indoor enclosed public place, including workplaces, bars, restaurants, bowling alleys, skating rinks, casinos, reception areas and most hotel rooms. There are no exceptions. The law applies everywhere, all the time.

Frequently asked questions

1. What is the Smoking in Public Places Law?
2. Does the law apply to me?
3. What does the law require employers to do?
4. Do business owners need to post signs?
5. How would business owners apply the 25-foot rule?
6. How can I prepare my employees/customers for implementation of the new law?
7. How do I deal with people who want to smoke?
8. What do I do about a customer who refuses to comply?
9. What if I choose not to ask customers to stop smoking?
10. How will the act be enforced?
11. How do I report violations to the law, or get more information about the law?
12. What are the penalties for individuals and businesses?
13. Am I required to provide a smoking break room for my employees?
14. Can I provide a covered area outside for customers or employees to smoke?
15. How can I support my employees and patrons if they want to quit smoking?
16. What is secondhand smoke?
17. Why do we need to eliminate secondhand smoke in the workplace and public places?
18. Why do we need to eliminate secondhand smoke in restaurants and bars?
19. How can I find more information?

1. What is the Smoking in Public Places Law?

The Smoking in Public Places Law (RCW 70.160) (formerly the Clean Indoor Air Act) is a state law that prohibits smoking in public places and workplaces to protect employees and the public from secondhand smoke. The citizens of Washington approved Initiative 901 (I-901), which expands the Act and makes Washington the 10th state in the nation to have a comprehensive smoke-free workplace law.

2. Does the law apply to me?

As of December 8, 2005, smoking is prohibited in public places or places of employment. "Public place" means any place used by and open to the public. "Place of employment" means any area under the control of a public or private employer through which employees are required to pass during the course of employment.

3. What does the law require employers to do?

If you operate a public place or place of employment, smoking is not allowed at your establishment effective December 8, 2005. If you see customers, staff, or visitors smoking, you or your staff must tell them not to smoke indoors. Smoking outside your establishment is prohibited within 25 feet of entrances and exits, windows that open, and ventilation intakes.

4. Do business owners need to post signs?

Yes. A "No Smoking" sign must be conspicuously posted at each entrance as well as in prominent locations in your establishment. You can download printable signs from the Department of Health or contact (360) 397-8000 ext. 7378.

You may also purchase "No Smoking" signs from many retailers, including office supply, hardware, and home improvement stores. You are not required to use a specific "No Smoking" sign. Also consider posting signs near entrances, exits, windows, and ventilation intakes to advise smokers to move away from those areas to meet the requirements of the presumptive reasonable distance, referred to as the "25-Foot Rule".

5. How would business owners apply the 25-foot rule?

Smoking is prohibited within a presumptively reasonable minimum distance of 25 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited to ensure that tobacco smoke does not enter the enclosed area.

The responsibility of a business owner extends to areas of service under his or her control. Sidewalks, parking lots, and public streets are not usually areas of service for most businesses and therefore not included in the areas of business owner responsibility. Outside service areas, such as patio-seating and "beer garden" locations are under the control of the business owner and are subject to the law. Smoking is prohibited in these areas, as well. Individuals violating the law are under the jurisdiction of local law enforcement.

Businesses must make customers aware of the 25-foot rule and that non-compliance with the law could result in a ticket from local law enforcement, unless the business is operating under a waiver that reduces the distance allowed.

6. How can I prepare my employees/customers for implementation of the new law?

Develop a smoke-free workplace policy consistent with the law if you do not currently have one in place and make sure your employees are fully informed. You can also train your staff about what to say to customers, for example: "This is now a smoke-free establishment, you'll have to put out your cigarette or smoke outside" OR "The new state law prohibits smoking indoors. Thank you for your cooperation."

7. How do I deal with people who want to smoke?

Develop a policy that clearly outlines how your business will enforce both your new smoke-free policy and the 25-foot rule to protect indoor air quality. If a patron is attempting to smoke indoors, you or your staff must remind them of the law and explain that they must step outside and away from openings that allow smoke to transfer indoors.

8. What do I do about a customer who refuses to comply?

The purpose of the law is to protect others from the harmful effects of secondhand smoke. Use your normal protocol for removing an unruly customer from your premises.

9. What if I choose not to ask customers to stop smoking?

If you fail to comply with the law, an employee or member of the public may contact Clark County Public Health.

10. How will the law be enforced?

Compliance with the Smoking in Public Places Law is the responsibility of the owner, manager, operator, or another person in charge of an area open to the public or place of employment. Local health jurisdictions will enforce the Smoking in Public Places Law for businesses, including bars and restaurants, and local law enforcement agencies will maintain responsibility for individuals violating the law.

Additional enforcement will be achieved by a social compliance system. This means employees and the public may confidentially report violations of the law to their local health departments.

11. How do I report violations to the law, or get more information about the law?

You can report violations online or call (360) 397-2550 and leave a message, describing the name and address of the business and the time of the violation. If you provide us with your name and phone number, we may contact you for more information. Your report of violations to the law are confidential. Calls are retrieved each business day.

12. What are the penalties for individuals and businesses?

A civil fine of up to $100 can be imposed on those individuals who violate the law by smoking or destroying a sign allowed by the law. Businesses will receive an initial warning serving as a notice for correction but then can be fined up to $100 per day as long as the infraction continues. Required fees of 105% increase the civil penalty up to $205 per day.

13. Am I required to provide a smoking breakroom for my employees?

No. In fact, the law prohibits employers from providing a smoking breakroom for employees. Businesses with separately ventilated rooms for their smoking employees or smoking customers cannot allow smoking in these rooms or anywhere else in the building. Be sure to communicate clearly with your employees to ensure they understand the new smoke-free workplace law.

14. Can I provide a covered area outside for customers or employees to smoke?

Covered shelters are permissible. Local building and fire codes apply. Shelters can be covered but must be open on at least one side; shelters must be 25 feet or more away from doors, windows and air intake vents. For specific questions and guidance on permissible shelters contact (360) 397-8000 ext. 7378.

15. How can I support my employees and patrons if they want to quit smoking?

If you smoke and want to quit, or to support your employees or patrons who want to quit, call the Washington State Tobacco Quit Line toll free at (800) Quit-Now (1-800-784-8669) for support from a trained specialist, or visit http://www.quitline.com/ for more information. You can also contact the Tobacco Prevention and Education program at the Clark County Public Health at (360) 397-8416.

16. What is secondhand smoke?

Secondhand smoke is the combination of smoke exhaled by a smoker and the smoke from a burning cigarette. This combination is dangerous for both smokers and nonsmokers. According to the Centers for Disease Control and Prevention, secondhand smoke contains more than 4,000 chemicals, including 50 known cancer-causing substances. Secondhand smoke kills 38,000 nonsmokers each year in the United States. People exposed to secondhand smoke greatly increase their risk of developing lung cancer, heart disease, asthma, bronchitis, ear infections, pneumonia, croup, and sore throats.

17. Why do we need to eliminate secondhand smoke in the workplace and public places?

Eliminating secondhand smoke will improve the health of employees and customers, reduce health care costs, and save businesses money by reducing cleaning and maintenance costs.

18. Why do we need to eliminate secondhand smoke in restaurants and bars?

All workers deserve to be protected from the harmful effects of secondhand smoke. Waitresses have higher rates of lung and heart disease than any other traditionally female occupational group, according to a study published by the Journal of the American Medical Association. The same study reports that one work shift in a smoky bar is equivalent to smoking 16 cigarettes a day. Two hours in a smoky bar is the same as smoking four cigarettes, according to the University of California Berkeley School of Public Health.

19. How can I find more information?

For more information about the Smoking in Public Places law, visit www.doh.wa.gov/tobacco/secondhand/secondhand.htm, and www.smokefreewashington.com. If you have questions about the law, you can call Public Health at (360) 397-2550. Calls are retrieved and returned each business day.