Oregon's Indoor Clean Air Act (ICAA) protects nearly every Oregonian from the health risks of secondhand smoke. The ICAA prohibits smoking in the workplace and within 10 feet of all entrances, exits and accessibility ramps that lead to and from an entrance or exit, windows that open and air-intake vents. In 2016, the Oregon legislature added "inhalant delivery systems" to the ICAA. This means that the ICAA applies to products such as e-cigarettes and vape pens.
Under the 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.
The Oregon Health Authority (OHA) is responsible for enforcing the ICAA.
Temporary Rule for Indoor Clean Air Act-Response to COVID-19
Governor Brown has declared an emergency due to the public health threat posed by COVID-19 (Executive Order 20-03) and issued the “Stay Home, Save Lives” order (Executive Order 20-12) directing individuals to stay home to the maximum extent possible, closing certain businesses, and requiring other retail businesses to implement physical distancing policies.
The Oregon Health Authority-Public Health Division (OHA-PHD), has adopted a temporary Oregon Administrative Rule (OAR 333-015-3000) related to the Indoor Clean Air Act (ICAA).
Click here to review the entire temporary administrative order, including the statement of need and justification.
The temporary rule is in effect until the declared emergency terminates or until October 26, 2020, whichever is earlier.
This rule has been issued to address potential difficulties businesses, OHA and local public health authorities may encounter due to the novel coronavirus (COVID-19).
- Removes notary requirements for certified smoke shop applications, renewals and other required documentation and extends deadlines for this documentation;
- Suspends portions of rules that require certified smoke shops and cigar bars to remain in operation at all times to avoid termination of their certification; and
- Amends ICAA complaint response requirements for the Authority and LPHA to allow for flexibility in response timing, compliance with physical distancing requirements, and consistency with best practices for public health during the public health emergency.