Advisories & Insights

The Amendments expanding I-901, Washington State's Clean Indoor Air Act, are effective today. The Amendments include expanded definitions, special requirements for hotels and motels, mandatory conspicuously posted signs, and shifts enforcement from local fire departments to local health departments.

The definition of "public place" now includes bars, taverns, bowling alleys, skating rinks, and (non-tribal) casinos. Additionally, hotels and motels are required to keep at least 75% of sleeping quarters rented to guests smoke free.

Smoking is also prohibited in a "place of employment," which is defined as any area under the control of a public or private employer which employees are required to pass through during the course of employment, including, but not limited to: entrances, exits, work area restrooms, conference and classrooms, break rooms and cafeterias, and other common areas. At least one local health department has interpreted "work area" to include the inside of company vehicles.

Private residences and home based businesses are not considered "places of employment," unless they provide licensed childcare, foster care, adult care or other similar social service care on the premises.

Smoking is prohibited within a "reasonable minimum distance," which is defined as twenty-five feet from any entrance, exit, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited.

Owners, operators, managers, employers or others who own or control a "public place" or "place of employment" can rebut the presumption that twenty-five feet is a "reasonable minimum difference" by applying to the director of the local health department, or district in which the public place or place of employment is located, and presenting clear and convincing evidence that public health and safety will be adequately protected by a lesser distance.

Covered employers and owners of "public places" must post "No Smoking" signs, conspicuously, at each building entrance. Additionally, retail stores and retail service establishments must post signs, conspicuously, in prominent locations.

The local health department will give owners or other persons in charge of "public places" and "places of employment" a written warning for the first violation. Subsequent violations are subject to a civil fine of up to one hundred dollars. Each day a violation occurs, or is permitted to continue, is considered a separate violation.