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Where Smoking is Regulated
Where Smoking is Prohibited
Smoker's Responsibilities and Rights
Nonsmoker's Rights
Responsibilities of the Person "In Charge"
Suggested Guidelines
Enforcement
The Law, Smoking in Public Places and Vehicles
The 1984 Alaska Legislature found that second-hand smoke is a significant health hazard, and enacted a law concerning smoking in public places. Amendments were made to the law by the 1990 Legislature. A copy of the amended law is available on the web.
Under the new law, effective August 14, 1990, two categories of places and vehicles were created, where a smokers privileges must yield to the public's right to clean air: places where smoking is regulated and places where smoking is prohibited. It also requires that when smoking areas are designated, reasonable accommodations are made to protect the health of nonsmokers and ensure they are not subject to second-hand smoke.
Whether you are a smoker, a nonsmoker, or the person in charge of a regulated place or vehicle, flexibility and cooperation will be helpful in determining what will work to achieve compliance with the law in any given facility. Preliminary decisions may need modification when it becomes clear that the needs of affected persons are not being adequately met.
The following brief summary details the places and vehicles covered by the amended law. Also, included here are some suggested guidelines to assist in implementing the law. You can access the law in its entirety on the web.
Where is Smoking Regulated?
Portions of the following places or vehicles may be designated as Smoking Areas in accordance with 35.320:
1) Public transportation waiting or boarding areas
2) Public transportation vehicles, including: buses, ferries, trains, interstate and intrastate aircraft
3) State and local government facilities, including: offices, libraries, museums, theaters, concert halls, convention halls, gymnasiums, swimming pools, entertainment or recreational facilities, buildings owned, leased or operated by the state or a municipality
4) Public and private post-secondary educational institution or adult day care facility
5) Courtrooms and jury rooms
6) Rooms, chambers or places under the control of the State Senate, House, when not in use for public meeting or assembly
7) Nursing homes, rest homes, other residential care institutions including Pioneer's Homes and mental health services offices and facilities
8) Food service establishments that seat 50 or more patrons (including bars which serve food)*
9) Correctional facilities
10) Any places of employment posted as nonsmoking
* After consultation with the Department of Law, it has been determined that "Food Service Establishment" includes bars and taverns that serve food, except food such as potato chips, popcorn and nuts.
Where is Smoking Prohibited?
The law prohibits smoking in all portions of the following:
1) Public, private elementary and secondary schools, preschools, and children's day care facilities*
2) State and local government public meeting and assembly rooms
3) Public and private laboratories, dental and health care and healing arts offices, hospitals, and nonresidential health care institutions or facilities
4) Elevators
Exemptions
- Smoking is allowed in limousines and taxicabs ONLY WHEN the driver and all passengers voluntarily consent.
- Performers may smoke on stage as part of a theatrical or entertainment production
* An Employees' smoking area may be designated as long as it complies with AS 18.35.305(1).
Smokers' Responsibilities and Rights
If you are a smoker, your main responsibilities is that of awareness. Before you light up or move about while smoking, check to see if smoking is prohibited. Since large signs must be conspicuously posted, it should be easy to determine if you are in a smoking-prohibited area.
If you want a smoking area designated, make that request to the person in charge of the facility. That person, however, is not obligated to designate a smoking area. Remember, the law clearly states that everyone's right to clean air takes precedence over your right to smoke in these areas. If the person in charge designates a smoking area, that person must make reasonable accommodations to protect the health of the nonsmokers by separation, partition or ventilation, to ensure that nonsmokers are not subject to second-hand smoke. If the person in charge determines that reasonable accommodations cannot be made by separation, partition or ventilation, the area should remain nonsmoking.
Nonsmokers' Rights
The law establishes that your right to clean, smoke-free air supercedes the rights of smokers in certain places. Those areas must be identified by large, conspicuously placed signs. If the person in charge designated a smoking area, he or she must protect your health by ensuring that you are not exposed to second-hand smoke. If this cannot be achieved by separation, partition or ventilation, then the area must remain nonsmoking.
Responsibilities of the Person in Charge
If you are a person in charge of a place or vehicle covered by this law, you have certain legal obligations. A person in charge is generally the proprietor, owner, building manager, chief executive officer, or the agent of that person authorized to supervise the place or vehicle. You may delegate your assignment if the delegate agrees and is clearly identified.
As a person in charge, your first legal obligation is to adequately post your facility by conspicuously displaying an adequate number of signs that read, "Smoking Prohibited by Law -- Maximum Fine $50." (Signs are not required in taxis or limousines). Each sign must include the international symbol for no smoking, and must be at least 18 inches wide by 6 inches high, with lettering at least 1.25 inches high. The Department of Environmental Conservation (DEC) will furnish signs upon request. It is recommended that at least one sign be posted on or near the entry and throughout the facility as needed to clarify where smoking is prohibited.
In places and vehicles where smoking is regulated, you may designate a portion (but not all) of the place or vehicle as a smoking area. If you designate a smoking area, you must make reasonable accommodations to protect the health of nonsmokers who use the place or vehicle by separation, partition or ventilation that ensures that nonsmokers in the place or vehicle are not subject to second-hand smoke from smokers.
If no reasonable accommodations can be made, for whatever reason, the nonsmoking designation requirement prevails.
Suggested Guidelines
If the person in charge decides to designate a smoking area, that person may wish to use some of the following suggested guidelines to reasonably accommodate nonsmokers' needs. Since every facility will have different considerations, only general guidelines are given. Common sense will necessarily dictate your decisions.
- To conspicuously display required signs, it is suggested that you place smoking-prohibited signs on or near the entrance doors and in the main lobbies of buildings subject to this law. It should not be necessary to display a sign in every room of a building.
- Common traffic areas, such as hallways, stairways, waiting rooms and restrooms, should remain no-smoking areas.
- Existing walls or barriers may be used to separate smoking and no-smoking areas only when they adequately prevent nonsmokers from being subjected to second-hand smoke.
- Distance between smoking and no-smoking areas is another consideration toward achieving reasonable accommodations. Separation can only be sued to separate smoking and no-smoking areas when smoke is prevented from circulating where it would subject nonsmokers to second-hand smoke.
- Mechanical devices and ventilation may be used in a designated smoking area only when the device ensures that nonsmokers are not subject to second-hand smoke.
- When designating a portion of a place as smoking, it is recommended that a separate room, with a separate ventilation system directly vented to the outside, be provided.
Enforcement
Those who smoke in a no-smoking area, may be served with a civil complaint or issued a citation. The fine could range from $10 to $50.
Persons in charge who fail to place no-smoking or smoking area signs, may be subject to a civil complain or a citation. The fine could range from $20 to $300. Each day a violation continues after a citation has been issued constitutes a separate violation.
Anyone who observes someone smoking in a prohibited area or notices that signs are not posted in a required area may report the violation to DEC. Completion of an affidavit and agreement to appear in court may be required. To report the violation, contact your local DEC official or peace officer. To issue a citation however, a peace officer must witness the violation.
FDA's children and tobacco website- (able to search database of vendors compliance checks) + Quiz Your Caterer |