PRINTER'S NO. 2201
No. 1846 Session of 1991
INTRODUCED BY DALEY, SALOOM, FAJT, KRUSZEWSKI, JOSEPHS, MELIO,
SAURMAN, VAN HORNE, STABACK, SCHEETZ AND ARMSTRONG,
JUNE 29, 1991
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, JUNE 29, 1991
AN ACT
1 Amending the act of April 27, 1927 (P.L.465, No.299), entitled,
2 as amended, "An act to provide for the safety of persons
3 employed, housed, or assembled in certain buildings and
4 structures by requiring certain construction and ways of
5 egress, equipment, and maintenance; providing for the
6 licensing of projectionists, except in cities of the first
7 class and second class; requiring the submission of plans for
8 examination and approval; providing for the promulgation of
9 rules and regulations for the enforcement of this act;
10 providing for the enforcement of this act by the Department
11 of Labor and Industry, the Department of Health, boards of
12 school directors and, in certain cases, by the chiefs of fire
13 departments in cities of the third class; providing penalties
14 for violations of the provisions of this act; and repealing
15 certain acts," further providing for the regulation of
16 smoking.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 10.1 of the act of April 27, 1927
20 (P.L.465, No.299), referred to as the Fire and Panic Act, added
21 December 21, 1988 (P.L.1315, No.168), is amended to read:
22 Section 10.1. Clean Indoor Air.--(a) The purpose of this
23 section is to protect the public health and to provide for the
24 comfort of all parties by regulating and controlling smoking in
1 certain public places and at public meetings and in certain
2 workplaces.
3 (b) As used in this section, the following words and phrases
4 shall have the meanings given to them in this subsection:
5 "Bar areas" means those areas which are devoted to the
6 serving of alcoholic beverages for consumption by guests on the
7 premises and in which the serving of food is only incidental to
8 the consumption of such beverages.
9 "Public meetings" means all meetings open to the public
10 pursuant to the act of July 3, 1986 (P.L.388, No.84), known as
11 the "Sunshine Act."
12 "Public place" means either of the following:
13 (1) An enclosed, indoor area owned or operated by a State or
14 local governmental agency and used by the general public or
15 serving as a place of work for public employes or a meeting
16 place for a public body, including an office, educational
17 facility, health facility, auditorium, arena, meeting room or
18 public conveyance.
19 (2) An enclosed, indoor area which is not owned or operated
20 by a State or local governmental agency, which is used by the
21 general public and which is any of the following:
22 (i) A workplace.
23 (ii) An educational facility.
24 (iii) A health facility.
25 (iv) An auditorium.
26 (v) An arena.
27 (vi) A theater.
28 (vii) A museum.
29 (viii) A restaurant.
30 (ix) A concert hall.
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1 (x) Any other facility during the period of its use for a
2 performance or exhibit of the arts.
3 (xi) A social or recreational center for senior citizens.
4 "Restaurant" means any eating establishment which offers food
5 for sale to the public.
6 "Smoking" means the carrying by a person of a lighted cigar,
7 cigarette, pipe or other lighted smoking device.
8 "Workplace" means an enclosed, indoor area serving as a place
9 of employment, occupation, business, trade, craft or profession.
10 (c) No person shall smoke in an area designated nonsmoking
11 by the proprietor or person in charge in a public place or at a
12 public meeting.
13 (d) The following places shall be exempt from this section:
14 (1) Private social functions where the area utilized is
15 under the control of the sponsor and not the proprietor.
16 (2) Factories, warehouses and similar places of work not
17 frequented by the general public.
18 (3) Restaurants seating fewer than seventy-five (75)
19 persons.
20 (4) Bar areas in a liquor licensee establishment.
21 (5) Areas in public places commonly referred to as lobbies
22 and hallways.
23 (6) Hotel and motel rooms.
24 (7) Retail stores, the primary business of which is the sale
25 of tobacco or tobacco-related products.
26 (e) The regulation of smoking in restaurants with seventy-
27 five (75) or more seats shall be governed by the following:
28 (1) Restaurants shall provide for their patrons smoking and
29 nonsmoking areas reasonably calculated to address the needs of
30 their clientele, the size of which may be increased or
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1 decreased, by the proprietor or person in charge, according to
2 need.
3 (2) Restaurants shall make reasonable efforts to prevent
4 smoking in the designated nonsmoking section by:
5 (i) Posting appropriate signs which are readily visible. The
6 color, size and placement of the signs shall be left to the
7 discretion of the proprietor or person in charge in keeping with
8 the decor or aesthetics of the establishment.
9 (ii) Arranging seating so that smokers and nonsmokers are
10 placed in contiguous groupings.
11 (iii) Asking smokers to refrain from smoking in the
12 nonsmoking areas.
13 (f) The regulation of smoking in restaurants with fewer than
14 seventy-five (75) seats shall be left to the discretion of the
15 proprietor, provided that:
16 (1) Restaurants which choose not to provide a nonsmoking
17 area nor develop a no-smoking policy based upon customer
18 preference shall post notice of such lack of policy at each
19 entranceway.
20 (2) Restaurants which choose to provide a nonsmoking area
21 shall develop a policy in accordance with subsection (e).
22 (g) Except as otherwise provided in this section, employers
23 shall develop, post and implement a policy to regulate smoking
24 in the workplace, provided that nothing in this section or any
25 local law, rule or regulation shall be construed as to impair or
26 diminish or otherwise affect any contractual agreement,
27 collective bargaining agreement, collective bargaining rights or
28 collective bargaining procedures. The employer shall provide a
29 copy of the policy to any employe upon request.
30 (h) No proprietor or person in charge of a public place who
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1 establishes a policy or designates areas pursuant to this
2 section shall be subject to any action in any court by any party
3 other than the Department of Health or local board or department
4 of health under this section.
5 (i) A violation of this section shall be punishable by a
6 civil fine of not more than fifty dollars ($50.00).
7 (j) The Department of Health shall promulgate and adopt
8 rules and regulations as are necessary and reasonable to
9 implement the provisions of this section.
10 Section 2. This act shall take effect in 60 days.
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