Public Smoking
Standards for Compliance with Statutes on Public Smoking
Since September 1, 2003, new statutes governing smoking in public spaces and indoor workplaces have been in effect. Presented here is an overview of current policies. For the full, current listing, see Breathe Easy and click "Current Statutes & Rules."
Most Indoor Places Are Smoke free
New Oklahoma laws apply to the following:
- Indoor places used by or open to the public
- Indoor workplaces
- Public transportation
Smoking is prohibited in these places, except for certain exempt places specified in the laws and described here.
Specific Places Smoking May Be Allowed
The following types of places are listed as exempt in the laws, so smoking is permitted, provided the nonsmoking areas are protected:
- Stand-alone bars, taverns and cigar bars
- Retail tobacco stores
- Up to 25% of the guest rooms at hotels or other lodging establishments
- Licensed charitable bingo games, during operations for bingo
- Workplaces in private residences, except in licensed child care centers in private residences during hours of operation
- Veterans' organizations, except that they shall be smoke-free during events open to the public
- Medical research or treatment centers, if smoking is integral to the research or treatment
General Places Smoking May Be Allowed
Smoking may also be permitted in these general types of places, providing they have only incidental public access and providing requirements are met to protect nonsmoking areas:
- Workplaces where only the owner/operator and immediate family work
- Workplaces occupied exclusively by one or more smokers
- Private offices occupied exclusively by one or more smokers
Other places may establish smoking rooms unless the law prohibits all smoking in that particular type of place. Such smoking rooms must meet the requirements to protect all nearby nonsmoking areas, and no work can be performed in these smoking rooms.
Protection for Nonsmoking Areas
In places where smoking is permitted, the following precautions must be taken to protect nonsmoking areas within the same building, unless the place permitting smoking fills the entire building.
The smoking space must be:
- Separately enclosed
- Directly exhausted to the outdoors, with none of its exhaust air circulated indoors
- Exhaust air vents must be located at safe distances from any entrances, exit or air intake to the building (15 to 25 feet depending on the type of place)
Signage
Places that are entirely smoke free or that limit all smoking to rooms that meet the above requirements for protection of nonsmoking areas shall post signs at entrances indicating the place is smoke free.
These signs shall be at least two by four inches in size, and it is the responsibility of the owner, lessee, manager or supervisor of each place to post them.
Acceptable signs include the Breathe Easy decals available free of charge from the Oklahoma State Department of Health. These are available at many county health department offices or can be requested from the State Department of Health by calling toll free 1-866-ONLY AIR (1-866-665-9247).
Frequently Asked Questions About Oklahoma's New Secondhand Smoke Laws
Are any buildings required to have smoking rooms?
No building is required to permit smoking, and any building is free to be entirely smoke free.
How are restaurants affected?
The new laws have a slightly different timetable for restaurants, which have an additional 30 months (until March 1, 2006) to be either all smoke free or - if they elect to permit smoking - to provide enclosed and separately ventilated smoking rooms that meet the laws' requirements for nonsmoking areas.
Are bars exempt?
Yes, stand-alone bars and taverns and cigar bars are exempt with the following qualifications:
- They must derive at least 60% of their gross receipts from the sale of alcohol and low-point beer.
- They must not admit persons under the age of 21 (except hired musicians).
- They cannot be located within or share an entrance or common indoor area with another workplace such as a restaurant.
Can a resident smoke in a nursing home?
Current state laws and regulations will continue in effect. Some nursing homes choose to be all smoke free. However, a nursing home may provide an indoor smoking room for residents and guests but such rooms must be enclosed and separately ventilated to protect nonsmoking areas. The new laws clarify these smoking room requirements and reinforce existing Board of Health rules on tobacco use in nursing homes.
How are bowling alleys affected?
Like other businesses open or used by the public, bowling alleys must be smoke free. They are not exempted under the new laws, even if they serve food or beverage.
What about convenience stores?
They are indoor places that are required to be smoke free. Though some have seating, their food service operations are incidental to other business activities.
How are buses and taxis affected?
As provider of public transportation, they are to be smoke free.
How are city, county and state buildings affected?
Government buildings are required to be smoke free, and no smoking is permitted within 25 feet outside any entrance or exit. Only one smoking room may be permitted in any of these buildings. It must be separately ventilated and no public business can be done in this room.
Can smoking be permitted in a private office?
Yes, providing there is only incidental public access to the individual office. This does not include businesses that depend on walk-in customers for any part of their business. All occupants of the office must be smokers, and the space must be fully enclosed, separately ventilated and under negative air pressure to keep smoke from nonsmoking areas.
What is the responsibility of the owner or manager of a place with nonsmoking areas? Owners and managers in charge must adopt appropriate smoking policy, post signs at entrances, and must ask smokers to refrain when in a nonsmoking area.
Related Resources
Second Hand Smoke Law [179 kb] Summary of Second Hand Smoke Law [129 kb]