Statewide Smoke-Free Air Laws & Restrictions

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Smoking Is Prohibited:

Child/Day Care Centers

• Within licensed day care centers, including private residences licensed as family day care homes.

          Health and Safety Code Section 1596.795

Farmer’s Markets

• Within 25 feet of the common commerce area of certified farmers’ markets.

          Health and Safety Code Section 114371

Foster and Group Homes

• Within a foster or group home, as well as outside the home when children are present.

          Health and Safety Code Section 1530.7

Government Buildings

• In all state, county, and city government buildings, including California community college district buildings, as well as within 20 feet from their main exits, entrances, or operable windows, and in any passenger vehicle owned by the state.

          Government Code Section 7596-7597

Multi-Unit Housing

• In apartment and condominium indoor common areas (including hallways, stairwells, laundry rooms and recreation rooms). In addition, it is legal for landlords to make all housing they own and manage smoke-free.

          Labor Code Section 6404.5; Civil Code Section 1947.5

State Parks & Beaches

• Within state parks and state coastal beaches. Additionally, the disposal of used cigar or cigarettes waste is prohibited unless the disposal is made in an appropriate waste receptacle. Exceptions include paved roadways or parking facilities of state parks and state coastal beaches.

          Public Resources Code Section 5008.10

Personal Vehicles

• When a minor (less than 18 years of age) is present in a motor vehicle that is in motion or at rest.

          Health and Safety Code Section 118948

Public Transportation

• In all public Transportation systems and in any vehicle of an entity receiving transit assistance.

          Health and Safety Code Section 118925

Workplaces

• In all indoor workplaces including bars, restaurants, offices, factories and warehouses. Exceptions include long-term health care facilities (which may designate smoking areas for patients), theatrical productions (where smoking is an integral part of the story), and medical research or treatment sites (where smoking in integral to the research or treatment). Cabs of trucks or tractors must be smoke-free when nonsmoking employees are present. All hotel and motel lobbies, common areas, employee-only areas, meeting or banquet rooms, and at least 80% of guest rooms within a hotel must be smoke-free. Smoking is allowed in tobacco shops and in private smoker’ lounges, as long as it occurs in an enclosed area in or attached to a retail or wholesale tobacco shop.

          Labor Code Section 6404.5

Youth Buses

• By an operator of youth bus at all times when operating a youth bus.

          Vehicle Code 12523

Smoking and Tobacco Products Are Prohibited:

Correctional Facilities

• In all state correctional facilities. Only possession of tobacco products in Department of Corrections’ residential staff housing where inmates are not present is permitted.

          Penal Code Section 5030.1

Playground, Tot Lots & Youth Sporting Events

• Within 25 feet of playground, tot lot sandbox, or recreational area specifically designed for use by children, and within 250 feet of a youth sports event, which includes any practice, game, or related activity at which athletes up to 18 years of age are present.

          Health and Safety Code 104495

Schools (Public & Charter)

• In all school districts, charter schools, and county offices of education, while students attend school-sponsored activities or are under the supervision and control of school employees. Tobacco and nicotine products are prohibited in charter school-or school district-owned or leased buildings, on school or district, and in school or district vehicles.

          Health and Safety Code Sections 104420, 104559; Education Code 48901