Smoking FAQs - Lorain County General Health District

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Who is responsible for the enforcement of the new Law?
Are ALL Private Clubs Exempt?
Does the Smoking Law apply to places other than bars and restaurants?
We have a gazebo outside our establishment. Is this considered an enclosed area?
How will this affect Hotels?
How can I make a complaint and will I remain anonymous?
There is smoking in my place of employment. How can I report smoking without be
I know that ashtrays are not to be present in places where smoking is prohibited
What can a proprietor do if an individual refuses to quit smoking?
Where should signs be posted and what information should be on the signs?
Where can I get signs?
I have a restaurant with an outside patio. Can I allow smoking there?
We have clients who smoke outside our building. How far from a building does an
What will happen if I am found to be in violation of the law?
What is a business owner’s responsibility?
How to Quit Smoking
Want to report a violation?
Questions about the Smoking Law
FINAL Rules

Who is responsible for the enforcement of the new Law?
Local Health Districts throughout Ohio will be responsible for enforcing the Smoke Free Workplace Law. Enforcement is performed on a complaint basis. The Lorain County General Health District and other Health Departments in Ohio began the enforcement process on May 3, 2007.

Are ALL Private Clubs Exempt?
Private clubs are NOT exempt; this ruling was made on May 17th, 2007 by Judge David Cain, Franklin County.

Does the Smoking Law apply to places other than bars and restaurants?
Yes. This law applies to all enclosed public places. A "Public Place" means an enclosed area to which the public is invited or in which the public is permitted and that is not a private residence.

We have a gazebo outside our establishment. Is this considered an enclosed area?
A gazebo would be considered an enclosure if more than 50 percent of the combined surface area of the sidewalls is closed to air flow and if there is a roof or overhead covering.

How will this affect Hotels?
Hotels, Motels, and other Lodging Facilities cannot have more than 20% of their rooms designated as smoking rooms.

How can I make a complaint and will I remain anonymous?
You can report a violation by simply calling Ohio Department of Health, toll free, at 1-866-559-OHIO (6446). You DO NOT have to give your name in order to file a complaint.

There is smoking in my place of employment. How can I report smoking without be
As an employee, you have the right to make a complaint to your local health department without any retribution and your name not known. A proprietor cannot discharge, refuse to hire, or in any manner retaliate against an individual for reporting a violation. Fines for retaliation range from $1,000 to $2,500.

I know that ashtrays are not to be present in places where smoking is prohibited
“Ashtray” means ANY receptacle that is used for disposing of smoking materials including but not limited to ash and filters. Therefore, disposing of ashes into a cup would be considered an ashtray and this would be a violation.

What can a proprietor do if an individual refuses to quit smoking?
The proprietor could file a complaint or call the local police.

Where should signs be posted and what information should be on the signs?
Signs, that shall include the words “No Smoking” or the universal symbol for no smoking and the toll free reporting telephone number 1-866-559-6446, must be posted in every public place or place of employment where smoking is prohibited including at all entrances. The sign shall be of sufficient size and easy to read. Refer to the Ohio Smoking Law Section of www.loraincountyhealth.com to download a copy.

Where can I get signs?
To obtain a No Smoking sign for your establishment, contact your local health department. The Lorain County General Health District does have signs available for establishments within our Health jurisdiction. Please call 440-322-6367 for additional information. Refer to the Ohio Smoking Law Section of www.loraincountyhealth.com to download a copy.

I have a restaurant with an outside patio. Can I allow smoking there?
Smoking on an outside patio is acceptable as long as it is not an enclosed area (does not have a roof and has no more than two walls) and smoke does not migrate into any area where smoking is prohibited.

We have clients who smoke outside our building. How far from a building does an
There is no set distance; the individual must be far enough away to keep any smoke from migrating into an area where smoking is prohibited.

What will happen if I am found to be in violation of the law?
The reason for the Smoke Free Workplace Act is to eliminate cancer causing agents and toxic chemicals from tobacco smoke in the air. There are many children and other individuals who are vulnerable to these cancer causing agents and toxic chemicals; we hope and expect that those who smoke will respect others and will not smoke in prohibited areas.

Other cities and states with smoke-free laws have reported that most people will comply. Business owners are law-abiding and Ohioans overwhelmingly support the law. We expect the same will occur in Lorain County.

However, business owners and persons smoking who are in violation of the law after enforcement begins would get a warning letter. Smokers who repeatedly violate the law could face civil fines of up to $100. Businesses that repeatedly violate the law face fines starting at $100, but the fine could escalate for repeated violations in a 2-year period, up to $2500.

What is a business owner’s responsibility?
A proprietor must

prohibit smoking in enclosed public places and workplaces and areas near windows and doors,

post easy to read no smoking signs,

remove all ashtrays.

How to Quit Smoking

Are you or a loved one trying to quit smoking? The Lorain County General Health District encourages you to call the Ohio Tobacco Quit Line, 1-800-QUIT-NOW [800-784-8669], and/or visit the Ohio Tobacco website.

Want to report a violation?
To report a violation, call toll free 1-866-559-OHIO (6446).

If the complaint is for an establishment in the Lorain County Generl Health District, you can click here to report a violation online.

The individuals or businesses against which a complaint is made will received a letter detailing the complaint along with information on how to comply with the law.

Questions about the Smoking Law
If you have additional questions about the Smoking Law, you can contact the Ohio Department of Health by calling toll free 1-866-ODH-7654 (1-866-634-7654).

FINAL Rules
Enforcement rules for Ohio's SmokeFree Workplace Act are now available on the Ohio Department of Health's website. Click here to read the final draft of the enforcement rules. Enforcement began on May 3, 2007.