What is a "Public" Building?
Section 7596(a) of the law defines a public building as "...a
building owned and occupied, or leased and occupied by the state,
a county, a city, a city and county, or a California community
college district." The law applies to all state, county, and
city government buildings. The law does NOT apply to
privately owned buildings unless they are leased or occupied by
a state, county, or city agency.
Click here to view/print the sign
(PDF file): AB 846 Sign
Health & Safety Code § 104495
"Playgrounds or Tot Lots"
This bill prohibits the smoking of tobacco products within 25 feet of a playground or tot lot sandbox area. This bill also prohibits any person from disposing of any cigarette, cigarette butts, cigar butts, or any other tobacco-related waste within these areas. Playground is defined as a park or recreational area specifically designed for use by children that has play equipment installed. This includes facilities located on public or private school grounds, or on city, county, or state park grounds. A tot lot sandbox area is a play area within a public park intended for use by children under five years of age. This bill prohibits any person from intimidating, threatening any reprisal or effecting any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with the provisions of this section. This bill specifies that it does not apply to private property. This bill makes a violation of these provisions an infraction. This bill, by creating a new infraction, would result in a state-mandated local program. This bill would provide that no reimbursement is required by this act for a specified reason.
Labor Code § 6404.5 (AB 13/3037)
"California Smokefree Workplace Law"
Smoking is prohibited in an "enclosed space" at a "place of employment" (any place where employment is carried on). This law applies to all workplaces meeting the law’s criteria, including bars, dues-paying clubs, fraternal organizations, and veterans clubs.
Exception: "Place of employment" does not include:
-
A business that is solely operated by the owner(s).
-
Up to 65% of the hotel/motel guestrooms (hotels may choose to be 100% smoke-free, however)
-
Up to 25% or 50% (depending on square footage) of hotel/motel lobbies if designated for smoking by the management. However, smoking is not permitted in a lobby bar.
-
Meeting and banquet rooms in a hotel/motel, except while food and beverage functions are taking place
-
Retail or wholesale tobacco shops and private smokers’ lounges
-
Cabs of trucks or tractors, if nonsmoking employees are not present
-
Warehouse facilities with more than 100,000 square feet of total floor space, and 20 or fewer full-time employees working at the facility, however not in areas utilized as office space
-
Theatrical production sites, if smoking is an integral part of the story
-
Medical research and treatment sites, if smoking is integral to the research and treatment being conducted
-
Private residences, except for those licensed as family day care homes (during hours of operation)
-
Patient smoking areas in long-term health facilities
-
Employee break-rooms designated by employers for smoking, provided they meet the following criteria: (1) air from the room is exhausted directly to the outside by an exhaust fan; (2) the employer complies with applicable state and federal ventilation standards; (3) the room is located in a non-work area; and (4) there are sufficient nonsmoking break-rooms to accommodate nonsmokers
-
Small businesses (with five or fewer employees) when all four of the following conditions are met: (1) the smoking area is not accessible to minors; (2) all employees who enter the smoking area consent to permit smoking; (3) air from the smoking area is exhausted directly to the outside by an exhaust fan; and (4) the employer complies with all applicable state and federal ventilation standards
In addition to the restrictions within Labor Code
§ 6404.5, the following laws apply:
-
California Government Code Sections
7596-7598
-
No Smoking in enclosed parking structure,
or stairwells or restrooms in those structures.
Health and Safety Code § 1596.795
Smoking on the premises of a licensed day care center is prohibited. Smoking is prohibited in a private residence that is licensed as a family day care home during the hours of operation as a family day care home and in those areas of the family day care home where children are present.
Exception: This law does not prohibit smoking in family day care homes before or after hours of operation as a day care facility.
20 U.S.C. § 6083(b)
Federal law prohibits smoking within any indoor facility used for
health care, day care, or early childhood development services for
children that are funded by the federal government, or used by the
employees of the provider of such services.
Exception: This law does not apply to any private residence
or to areas used for inpatient hospital treatment for drug or
alcohol addiction.
-
No smoking in a passenger vehicle, as
defined by Section 465 of the Vehicle Code, owned by the
state.
-
No smoking in any vehicle in California
where anyone under the age of 18 is present.
41 C.F.R. § 101-20.105-3
Smoking is prohibited in all interior space owned, rented, or leased
by the executive branch of the Federal Government, and in any
outdoor areas under executive branch control in front of air intake
ducts.
California Rules of Court, Rule 989.5
Smoking is prohibited in all trial and appellate court facilities (courthouses and all areas of multipurpose buildings used for court operations).
Vehicle Code §§ 12523 (d) (2), 12523.5 (d) (2)
Drivers of a "youth bus" (a bus other than a school bus used to transport children) may not smoke while operating the bus. Paratransit vehicle operators may not smoke.
Penal Code § 640
Smoking is not allowed on public transportation in areas where it is prohibited by that system.
Health and Safety Code §§ 118925-118945
Smoking is prohibited on public transportation vehicles such as Amtrak and aircraft or on a public transportation system. No more than 25% of waiting areas may be set aside for smokers. Signs must be posted that smoking by persons waiting in line to purchase tickets is prohibited.
Education Code §§ 48901 (a) – (b)
No elementary or secondary school shall permit the smoking or use of tobacco or nicotine products by students of the school while the students are on campus, or while attending school-sponsored activities, or while under the supervision and control of school district employees.
20 U.S.C. § 6083 (a)
Federal law prohibits smoking within any indoor facility utilized for kindergarten, elementary, or secondary education or library services for children.
California Health and Safety Code § 113977(a)
“California Retail Food Code”
An employee shall eat, drink, or use any form of tobacco only in
designated areas where contamination of nonprepackaged food; clean
equipment, utensils, and linens; unwrapped single-use articles; or
other items needing protection cannot result.
49 U.S.C. § 41706
"Airline Flights"
Smoking is prohibited on domestic U.S. airline flights. Smoking is also prohibited in foreign air travel arriving in or departing from the U.S. Exception: If a foreign government objects to the prohibition of smoking during foreign air travel, the Secretary of Transportation shall negotiate an alternative.
