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About the Law

What is the ICAA?

Oregon's Indoor Clean Air Act (ICAA) protects nearly all Oregonians from the harms of secondhand smoke. The ICAA creates smoke free public places and places of employment with the intent of protecting the health of employees and the public. Tobacco remains the main cause of preventable death and disease in the United States, including in Oregon.

The ICAA applies to smoking, vaporizing and aerosolizing of inhalants in and around public places and places of employment.

Smoking, vaporizing and aerosolizing of inhalants is also prohibited within 10 feet of all entrances (including stairs), exits (including stairs), and accessibility ramps that lead to and from an entrance or exit, windows that open and air-intake vents.

What are tobacco products and inhalant delivery systems?

Examples of tobacco products are cigarettes, cigars, stogies, chewing tobacco, snus, and other forms of tobacco used for chewing or smoking. Tobacco products also include devices that can be used to deliver tobacco products such as standard pipes and glass pipes.

An inhalant delivery system (IDS) is a device used deliver nicotine or cannabinoids, such as marijuana, in the form of a vapor or aerosol. These are products such as e-cigarettes and heatsticks, and includes the components of these devices such as e-liquids and cartridges.

What places are subject to the law?

All workplaces and enclosed public places must be smoke, vapor and aerosol free. This includes work vehicles that are not operated exclusively by one employee, as well as hotels and motels.

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.

Exceptions to the ICAA include:

  • Smoking tobacco products in certified smoke shops
  • Smoking cigars in certified cigar bars
  • Smoking in hotel or motel rooms that are designated as smoking allowed (may not exceed 25% of sleeping rooms)
  • Smoking of non-commercial tobacco for American Indian ceremonial purposes

Some cities and counties in Oregon have enacted stricter local smoke free workplace laws. Employers must comply with all local laws, though OHA enforces the state law only.

Businesses are not required to allow smoking on the premises. At any time, an owner may designate the entire business premises tobacco-free or smoke-free.

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 that enforcement activities only take place as a result of a complaint from a member of the public, including employees of the business.

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.

Statute and Administrative Rules for the law

Oregon Revised Statutes [433.835-433.875 and to 433.990(5)]

Oregon Administrative Rules [333-015-0025 to 333-015-0085]

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