PRINTER'S NO. 276
No. 259 Session of 1985
INTRODUCED BY DAWIDA, IRVIS, MAYERNIK, COWELL, OLIVER, BROUJOS,
WILSON, BELARDI, FISCHER, BATTISTO, MICHLOVIC, MRKONIC,
GODSHALL, SCHEETZ, DISTLER, TRELLO, LINTON, McCALL, PHILLIPS,
REBER, McVERRY, GAMBLE, SEMMEL, VAN HORNE, WAMBACH, KASUNIC,
SHOWERS, FOX, SAURMAN AND GRUPPO, FEBRUARY 11, 1985
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, FEBRUARY 11, 1985
AN ACT
1 Regulating smoking at public places and in public meetings; and
2 providing a penalty.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Clean Indoor
7 Air Act.
8 Section 2. Public policy.
9 The purpose of this act is to protect the public health,
10 comfort and environment by prohibiting smoking in public places
11 and at public meetings except in designated smoking areas.
12 Section 3. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Public meeting." All meetings open to the public pursuant
1 to the act of July 19, 1974 (P.L.486, No.175), referred to as
2 the Public Agency Open Meeting Law.
3 "Public place." Any enclosed, indoor area used by the
4 general public or serving as a place of work including, but not
5 limited to, restaurants, retail stores, offices and other
6 commercial establishments, public conveyances, educational
7 facilities, hospitals, nursing homes, auditoriums, arenas and
8 meeting rooms, but excluding private, enclosed offices occupied
9 exclusively by smokers even though such offices may be visited
10 by nonsmokers.
11 "Smoking." Includes carrying a lighted cigar, cigarette,
12 pipe or any other lighted smoking equipment.
13 Section 4. Prohibitions on smoking.
14 (a) General rule.--No person shall smoke in a public place
15 or at a public meeting except in designated smoking areas.
16 (b) Exceptions.--This prohibition shall not apply:
17 (1) In cases in which an entire room or hall is used for
18 a private social function and seating arrangements are under
19 the control of the sponsor of the function and not of the
20 proprietor or person in charge of the place.
21 (2) To factories, warehouses and similar places of work
22 not usually frequented by the general public, except that the
23 Department of Labor and Industry shall, in consultation with
24 the Department of Health, establish by regulation rules to
25 restrict or prohibit smoking in those places of work where
26 the close proximity of workers or the inadequacy of
27 ventilation causes smoke pollution detrimental to the health
28 and comfort of nonsmoking employees.
29 Section 5. Designation of smoking areas.
30 (a) General rule.--Smoking areas may be designated by
19850H0259B0276 - 2 -
1 proprietors or other persons in charge of public places, except
2 in places in which smoking is prohibited by the fire marshal or
3 by other law, ordinance or regulation.
4 (b) Mitigating actions required.--Where smoking areas are
5 designated, existing physical barriers and ventilation systems
6 shall be used to minimize the toxic effect of smoke in adjacent
7 nonsmoking areas. In the case of public places consisting of a
8 single room, the provisions of this law shall be considered met
9 if one side of the room is reserved and posted as a nonsmoking
10 area. No public place other than a bar shall be designated as a
11 smoking area in its entirety. If a bar is designated as a
12 smoking area in its entirety, this designation shall be posted
13 conspicuously on all entrances normally used by the public.
14 Section 6. Responsibilities of proprietors.
15 The proprietor or other person in charge of a public place
16 shall make reasonable efforts to prevent smoking in the public
17 place by:
18 (1) posting appropriate signs;
19 (2) arranging seating to provide a smoke-free area;
20 (3) asking smokers to refrain from smoking upon request
21 of a client or employee suffering discomfort from the smoke;
22 or
23 (4) any other means which may be appropriate.
24 Section 7. Enforcement.
25 (a) Rules and regulations.--The Department of Health shall
26 adopt rules and regulations necessary and reasonable to
27 implement the provisions of this act, except as provided for in
28 section 4.
29 (b) Waiver of requirements authorized.--The Department of
30 Health may, upon request, waive the provisions of this act if it
19850H0259B0276 - 3 -
1 determines there are compelling reasons to do so and such a
2 waiver will not significantly affect the health and comfort of
3 nonsmokers.
4 (c) Penalties.--Any person who violates section 4 commits a
5 summary offense.
6 (d) Injunction.--The Department of Health, a local board or
7 department of health or any affected party may institute an
8 action in any court with jurisdiction to enjoin repeated
9 violations of section 6.
10 Section 8. Effective date.
11 This act shall take effect in 90 days.
A14L35JLW/19850H0259B0276 - 4 -