Oregon's Indoor Clean Air Act
The Oregon Indoor Clean Air Act (ICAA) (also known as the Smokefree Workplace Law) protects workers and the public from secondhand smoke exposure in public, in the workplace, and within 10 feet of all entrances, exits, accessibility ramps that lead to and from an entrance or exit, windows that open and air-intake vents.
The ICAA includes the use of "inhalant delivery systems." Inhalant delivery systems are devices that can be used to deliver nicotine, cannabinoids and other substances, in the form of a vapor or aerosol. These include e-cigarettes, vape pens, e-hookah and other devices. Under the law, Oregonians may not use e-cigarettes and other inhalant delivery systems in workplaces, restaurants, bars and other indoor public places in Oregon. There are no exemptions for electronic cigarette retail outlets, smoke shops, bars or other venues. Get more information on inhalant delivery systems.
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What Places are Subject to the Law?
Under Oregon's ICAA, smoking is prohibited in public places and workplaces, with few exceptions. Public place means any enclosed area open to the public. Place of employment means an enclosed area that is under the control of a public or private employer and that employees frequent during the course of employment.
In 2016, "inhalant delivery systems" were added to the ICAA. This means that the ICAA applies to products such as e-cigarettes and vape pens.
Workplaces and public places that must be smokefree include, but are not limited to:
- Bars and taverns, including bar areas of restaurants
- Bowling centers
- Bingo halls
- Private and fraternal organizations
- Employee break rooms
- Private offices and commercial office buildings
- Retail and wholesale establishments
- Manufacturing plants and mills
- Truck stops
- Child and adult day-care
- Assisted living facilities
- Movies theaters and indoor entertainment venues
- Hotels and motels (Exception: up to 25% of guest rooms may be designated as smoking rooms by the owner or entity in charge)
- Work vehicles that are not operated exclusively by one employee
Note: Some cities and counties in Oregon have enacted local smokefree workplace laws. Any standard or requirement that is stricter in local law than in state law will apply.
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Complying With the Law
Complying with the law is easy:
- Make sure all employees are informed about the law.
- Prohibit smoking in the workplace and within 10 feet of all entrances, exits, accessibility ramps that lead to and from an entrance or exit, windows and air-intake vents.
- Post "No smoking or vaping within 10 feet" signs at all building entrances and exits (decals are available for download for your printing needs).
- Remove all ashtrays and other receptacles for smoking debris from your workplace and from within 10 feet of entrances, exits, accessibility ramps that lead to and from an entrance or exit windows that open, and ventilation intakes.
- Mark as non-smoking and non-vaping outdoor seating or dining areas that are within 10 feet of entrances, exits and accessibility ramps that lead to and from an entrance or exit, windows that open and ventilation intakes.
- Talk with your customers and employees about the law.
- Provide training to employees on how to ask visitors and patrons not to smoke.
- Encourage employees who use tobacco to quit. Encourage them to call Oregon's toll-free QUIT LINE at 800-QUIT-NOW (800-784-8669) or, for Spanish, 1-855-DEJELO-YA (1-855-335-5692).
- Businesses are not required to allow smoking or vaping on the premises. At any time, a business owner may designate his/her business as entirely smoke-free and vape-free, create signs indicating this and post them on all entrances and exits.
As an employer, it is your responsibility to ensure that your workplace is smoke-free and vape-free. Download guidance for businesses and visit www.healthoregon.org/wellnessatwork to learn more about steps you can take to create a tobacco-free workplace.
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Exceptions to the Law
Exceptions to the law include:
1. Smoking in certified smoke shops. A business must be certified by the Oregon Health Authority and abide by specific requirements to operate as a smoke shop that permits smoking indoors. Get information and applications for smoke shop certification.
2. Smoking cigars in certified cigar bars. Cigar bars must be certified by the Oregon Health Authority and abide by specific requirements. Cigar bar applicants must demonstrate on-site retail sales of cigars of at least $5,000 in the calendar year 2006.View other application requirements for cigar bar certification at this link.
3. Smoking in hotel or motel rooms that specifically allow for smoking.
- The owner or entity in charge of a hotel or motel may designate up to 25% of sleeping rooms as rooms in which smoking is permitted.
- If the owner or entity in charge of a hotel or motel chooses to designate up to 25% of sleeping rooms as smoking permitted, all smoking rooms on the same floor must be contiguous and the status of the rooms may not be changed, except to add more non-smoking rooms.
- The owner or entity in charge of a hotel or motel must notify clients upon check-in about the smoking status of the rooms.
- All hotel and motel sleeping rooms must be clearly marked as either smoking or non-smoking on the exterior door of the sleeping room.
4. Smoking of non-commercial tobacco for American Indian ceremonial purposes.
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The ICAA requires workplaces and public places to be smoke-, vapor-, and aerosol-free. This includes enclosed areas that are open to the public. In 2017, the Oregon Legislature defined "enclosed area" in statute as the following:
"...the entirety of the space between a floor and ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways, that extend from the floor to the ceiling." (Senate Bill 235)
The Oregon Health Authority is responsible for enforcing the ICAA, which includes enclosed areas that are open to the public. Below are examples of areas that are not enclosed, as pictured. The Oregon Health Authority does not approve plans for structures. Businesses should consult legal counsel before constructing or modifying a structure.
Additional information for businesses is coming soon.
Examples of areas that are NOT enclosed:
Enforcement of the Law and Reporting Violations
The Oregon Health Authority (OHA) is responsible for enforcing the ICAA. On behalf of OHA, Local Public Health Authorities conduct educational and remediation activities with businesses.
The ICAA is a complaint-driven law. That means no enforcement action is taken unless a member of the public registers a complaint with OHA.
Note: All reports of violations of the Indoor Clean Air Act are a matter of public record and confidentiality is not guaranteed.
Employees and the public may report violations of the law by completing an online complaint form or by calling 1-866-621-6107.
Complaints must indicate a violation of the ICAA. Vague language that lacks specific detail of potential violations might not be investigated.
Complaints that indicate a violation of the ICAA will be investigated and violations pursued.
If your business is not in compliance with the law:
- You could incur a fine of up to $500 per day for each violation
- Multiple violations will result in further administrative action.
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Statute and Administrative Rules for the Law
Oregon Revised Statutes [433.835 to 433.990]
Oregon Administrative Rules [333-015-0025 to 333-015-0090]
*Note: Oregonlegislature.gov updates legislation every two years. As of January 2018, the 2015 edition is currently online. To see changes to the law that are not reflected online: Senate Bill 754 and Senate Bill 235.
Get Posters and Signs
Download and print materials, including posters, brochures, flyers, and no smoking decals.