35 PA. Cons. Stat. § 637.11 Preemption of local ordinances
Effective: 9/11/08 – Through: 6/1/23
(a) General rule.–Except as set forth in subsection (b), the following apply:
(1) This act shall supersede any ordinance, resolution or regulation adopted by a political subdivision concerning smoking in a public place.
(2) No political subdivision shall have the authority to adopt or enforce any ordinance, regulation or resolution which is in conflict with this act.
(b) Exception.–Subsection (a) shall not apply to a city of the first class. A city of the first class may not change or amend its ordinance to conflict with any provision of this act.
35 PA. Cons. Stat. § 637.2 Definitions
Effective: 9/11/08 – Through: 6/1/23
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Cigar bar.” Any of the following:
(1) An establishment which, on the effective date of this section, operates pursuant to an eating place retail dispenser’s or restaurant liquor license under the act of April 12, 1951 (P.L. 90, No. 21), known as the Liquor Code, and is physically connected by a door, passageway or other opening and directly adjacent to a tobacco shop.
(2) An establishment which, at any time, operates pursuant to an eating place retail dispenser’s license, malt or brewed beverage distributor’s license or restaurant liquor license under the Liquor Code, and has total annual sales of tobacco products, including tobacco, accessories or cigar storage lockers or humidors of at least 15% of the combined gross sales of the establishment.
“Department.” The Department of Health of the Commonwealth.
“Drinking establishment.” Any of the following:
(1) An establishment which:
(i) operates pursuant to an eating place retail dispenser’s license, restaurant liquor license or retail dispenser’s license under the act of April 12, 1951 (P.L. 90, No. 21), known as the Liquor Code;
(ii) has total annual sales of food sold for on-premises consumption of less than or equal to 20% of the combined gross sales of the establishment; and
(iii) does not permit individuals under 18 years of age.
(2) An enclosed area within an establishment which, on the effective date of this section:
(i) operates pursuant to an eating place retail dispenser’s license, restaurant liquor license or retail dispenser’s license under the Liquor Code;
(ii) is a physically connected or directly adjacent enclosed area which is separate from the eating area, has a separate air system and has a separate outside entrance;
(iii) has total annual sales of food sold for on-premises consumption of less than or equal to 20% of the combined gross sales within the permitted smoking area of the establishment; and
(iv) does not permit individuals under 18 years of age.
The term does not include a nightclub.
“Full-service truck stop.” An establishment catering to long-haul truck drivers that provides shower facilities for a fee.
“Gaming floor.” Any portion of a licensed facility where slot machines have been installed for use or play as approved by the Pennsylvania Gaming Control Board. The term does not include an area adjacent to the gaming floor, including any hallway, reception area, retail space, bar, nightclub, restaurant, hotel, entertainment venue or office space.
“Licensed facility.” As defined in 4 Pa.C.S. § 1103 (relating to definitions).
“Night club.” A public hall or hall for which admission is generally charged and which is primarily or predominantly devoted to dancing or to shows or cabarets as opposed to a facility that is primarily a bar, tavern or dining facility.
“Private club.” An organization which is any of the following:
(1) A reputable group of individuals associated together as an organization for legitimate purposes of mutual benefit, entertainment, fellowship or lawful convenience which does all of the following:
(i) Regularly and exclusively occupies, as owner or lessee, a clubhouse or quarter for the use of its members.
(ii) Holds regular meetings; conducts its business through officers regularly elected; admits members by written application, investigation and ballot; and charges and collects dues from elected members.
(iii) Has been in continuous existence for a period of ten years as such an organization.
(2) A volunteer ambulance service.
(3) A volunteer fire company.
(4) A volunteer rescue company.
“Public meeting.” A meeting open to the public. The term includes a meeting under 65 Pa.C.S. Ch. 7 (relating to open meetings).
“Public place.” An enclosed area which serves as a workplace, commercial establishment or an area where the public is invited or permitted. The term includes:
(1) A facility which provides education, food or health care-related services.
(2) A vehicle used for mass transportation. This paragraph includes a train, subway, bus, including a chartered bus, plane, taxicab and limousine.
(3) A train station, subway station or bus station.
(4) A public facility. This paragraph includes a facility to which the public is invited or in which the public is permitted and a private home which provides child-care or adult day-care services.
(5) A sports or recreational facility, theater or performance establishment.
“Smoking.” The carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.
“Tobacco shop.” A business establishment whose sales of tobacco and tobacco-related products, including cigars, pipe tobacco and smoking accessories, comprise at least 50% of the gross annual sales. This term does not include a stand-alone kiosk or establishment comprised solely of cigarette vending machines.
“Volunteer ambulance service.” As defined in section 102 of the act of July 31, 2003 (P.L. 73, No. 17), known as the Volunteer Fire Company and Volunteer Ambulance Service Grant Act.
“Volunteer fire company.” As defined in section 102 of the act of July 31, 2003 (P.L. 73, No. 17), known as the Volunteer Fire Company and Volunteer Ambulance Service Grant Act.
“Volunteer rescue company.” As defined in section 102 of the act of July 31, 2003 (P.L. 73, No. 17), known as the Volunteer Fire Company and Volunteer Ambulance Service Grant Act.
“Workplace.” An indoor area serving as a place of employment, occupation, business, trade, craft, professional or volunteer activity.
Allegheny County, PA, Code of Ordinances § 880-1. Definitions.
Effective: 9/26/06 – Through: 6/1/23
For the purposes of this article, the following definitions shall apply:
COMMON USE AREA
An area in any building intended for the common use of residents, the public or invited guests.
DRINKING ESTABLISHMENT
Any food or beverage establishment whose on-site sales of food for consumption on the premises comprises no more than 10% of gross sales of both food, nonalcoholic beverages and alcoholic beverages on an annual basis and having fewer than 10 employees. For the purposes of this section, any individual receiving compensation of any type from the food or beverage establishment for work performed, regardless of full- or part-time status, salary or hourly pay rate, benefit status, or any other employment shall be deemed to be an employee of that establishment.
[Added 10-24-2006 by Ord. No. 30-06]
ENCLOSED AREA
All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from the floor to the ceiling.
FOOD FACILITY
Any enclosed area, stationary or mobile, permanent or temporary, where food is prepared, handled, served, sold or provided to any consumer, whether for consumption on or off of the premises, including lodging establishments, sports or recreational facilities, or theater or performance establishments. Any individual who owns, operates, manages or otherwise controls any of the businesses described in this definition shall be cited as a “food facility” for the purposes of this article.
FOOD OR BEVERAGE ESTABLISHMENT
Any restaurant, bar, coffee shop, cafeteria, sandwich stand, diner, fast-food establishment, cafeteria, banquet hall, catering facility, food court, or any other eating or drinking establishment which gives or offers for sale food or drink to the public, guests, or employees whether for consumption on or off the premises, and including any such eating or drinking establishment located in a lodging establishment, sports or recreational facility, or theater or performance establishment.
LODGING ESTABLISHMENT
Any hotel, motel, inn, resort, guest house, bed-and-breakfast establishment, or other building which holds itself out by any means, including advertising, license, registration with an innkeepers’ group convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging or use of facility space, such as space for food and beverage service or meeting rooms, for consideration to persons seeking temporary accommodation.
PASSAGEWAY
An enclosed means of ingress and egress to any regulated area, used by employees, residents, guests, contractors or the public, up to and including 15 feet in any direction from the outermost point of public contact with such area.
REGULATED AREA
Any area where smoking is prohibited under this article.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigarette, cigar, pipe or other such device which contains tobacco or other smoke-producing products.
SPECIALTY TOBACCO ESTABLISHMENT
An establishment whose on-site sales or rentals of tobacco, tobacco-related products and accessories for consumption or use on or off the premises comprises 85% or more of gross sales on an annual basis, or on such other basis as the Health Department shall provide with respect to such establishments that have been open for less than one full year, and including any tobacco cigar bar operated in conjunction with such establishment. If the establishment is adjoined to or shares a common access that is a regulated area under this article with any business that is not a specialty tobacco establishment, a Health Department approved negative air pressure ventilation system that is entirely separate from any ventilation system used in relation to any other regulated area shall be required for classification as a specialty tobacco establishment. For purposes of computing gross sales data, sales from vending machines shall not be included. For the purposes of this section, a ventilation system shall only be deemed to be approved by the Health Department upon written approval of the system by the Health Department to the owner of the establishment, the holder of the establishment’s business license, or the individual in control of the premises.
SPORTS OR RECREATIONAL FACILITY
Any enclosed or unenclosed stadium, pavilion, gymnasium, health club, spa, swimming pool, roller or ice rink, bowling alley, boxing arena, billiard parlor, pool hall or other similar place where members of the general public assemble either to engage in physical exercise, participate in recreational activities or athletic competition, or witness sports or other events.
THEATER OR PERFORMANCE ESTABLISHMENT
Any enclosed or unenclosed facility primarily used for the exhibition of any motion picture, concert, stage drama, musical recital, dance, lecture or other similar performance.
TOBACCO-SMOKE-PRODUCING INSTRUMENT
Any device or configuration designed to facilitate the inhalation of tobacco or other plant material smoke, including factory or hand-rolled cigarettes or cigars, hookahs, and pipes.
VOLUNTEER ORGANIZATIONS
Organizations for charitable, civic, fraternal, social, and religious purposes, including but not limited to volunteer fire departments and veterans groups for which events are held that only utilize non-paid volunteers.
[Added 10-24-2006 by Ord. No. 31-06]
WORKPLACE
Any enclosed area under the control of a public or private employer where one or more employees are routinely assigned and normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias and hallways. A private residence is not a workplace unless it is used as a child-care, adult day-care or health-care facility.
35 PA. Cons. Stat. § 637.3 Prohibition
Effective: 9/11/08 – Through: 6/1/23
(a) General rule.–Except as set forth under subsection (b), an individual may not engage in smoking in a public place. Nothing in this act shall preclude the owner of a public or private property from prohibiting smoking on the property.
(b) Exceptions.–Subsection (a) shall not apply to any of the following:
(1) A private home, private residence or private vehicle unless the private home, private residence or private vehicle is being used at the time for the provision of child-care services, adult day-care services or services related to the care of children and youth in State or county custody.
(2) Designated quarters:
(i) within a lodging establishment which are available for rent to guests accounting for no more than 25% of the total number of lodging units within a single lodging establishment; or
(ii) within a full-service truck stop.
(3) A tobacco shop.
(4) A workplace of a manufacturer, importer or wholesaler of tobacco products; a manufacturer of tobacco-related products, including lighters; a tobacco leaf dealer or processor; or a tobacco storage facility.
(5) Any of the following residential facilities:
(i) A long-term care facility regulated under 42 CFR 483.15 (relating to quality of life). This subparagraph shall not apply if 42 CFR 483.15 is abrogated or expires.
(ii) A separate enclosed room or designated smoking room in a residential adult care facility, community mental health care facility, drug and alcohol facility or other residential health care facility not covered under subparagraph (i).
(iii) A designated smoking room in a facility which provides day treatment programs.
(6) Subject to subsection (c)(2), a private club, except where the club is:
(i) open to the public through general advertisement for a club sponsored event; or
(ii) leased or used for a private event which is not club sponsored.
(7) A place where a fundraiser is conducted by a nonprofit and charitable organization one time per year if all of the following apply:
(i) The place is separate from other public areas during the event.
(ii) Food and beverages are available to attendees.
(iii) Individuals under 18 years of age are not permitted to attend.
(iv) Cigars are sold, auctioned or given as gifts, and cigars are a feature of the event.
(8) An exhibition hall, conference room, catering hall or similar facility used exclusively for an event to which the public is invited for the primary purpose of promoting or sampling tobacco products, subject to the following:
(i) All of the following must be met:
(A) Service of food and drink is incidental.
(B) The sponsor or organizer gives notice in all advertisements and other promotional materials that smoking will not be restricted.
(C) At least 75% of all products displayed or distributed at the event are tobacco or tobacco-related products.
(D) Notice that smoking will not be restricted is prominently posted at the entrance to the facility.
(ii) A single retailer, manufacturer or distributor of tobacco may not conduct more than six days of a promotional event under this paragraph in any calendar year.
(9) A cigar bar.
(10) A drinking establishment.
(11) Unless otherwise increased under this paragraph, 25% of the gaming floor at a licensed facility. No earlier than 90 days following the effective date of this section or the date of commencement of slot machine operations at a licensed facility, whichever is later, a licensed facility shall request a report from the Department of Revenue that analyzes the gross terminal revenue per slot machine unit in operation at the licensed facility within the 90-day period preceding the request. If the report shows that the average gross terminal revenue per slot machine unit in the designated smoking area equals or exceeds the average gross terminal revenue per slot machine unit in the designated nonsmoking area, the licensed facility may increase the designated smoking area of the gaming floor in proportion to the percentage difference in revenue. A licensed facility may request this report from the Department of Revenue on a quarterly basis and may increase the designated smoking area of the gaming floor accordingly. At no time may the designated smoking area exceed 50% of the gaming floor. The board shall have jurisdiction to verify the gross terminal revenues included in the report to ensure compliance with the requirements under this paragraph. Movement of the licensed facility from a temporary facility to a permanent facility shall not require the licensed facility to revert to the minimum percentage set forth under this paragraph.
(12) A designated outdoor smoking area within the confines of a sports or recreational facility, theater or performance establishment.
(c) Conditions and qualifications for exceptions.–
(1) In order to be excepted under subsection (b), a drinking establishment, cigar bar or tobacco shop must submit a letter, accompanied by verifiable supporting documentation, to the department claiming an exception under subsection (b). Exception shall be based upon the establishment’s books, accounts, revenues or receipts, including those reported to the Department of Revenue for sales tax purposes, from the previous year or stated projected annual revenues, which shall be verified within six months.
(2) In order to qualify for the exception under subsection (b)(6), a private club must take and record a vote of its officers under the bylaws to address smoking in the private club’s facilities.
Allegheny County, PA, Code of Ordinances § 880-3. Workplace smoking prohibitions.
Effective: 9/26/06 – Through: 6/1/23
A. No later than the effective date of this article, all employers with a workplace that is subject to the provisions of § 880-2A within the County shall adopt, implement, make known and maintain a written policy that prohibits smoking within any area of the workplace subject to the provisions of this article. This requirement shall not apply to any workplace covered by a collective bargaining agreement or similar binding agreement between labor and management that includes provisions regarding smoking in the workplace, so long as such agreement is executed and in force on the effective date of this article.
B. An employer’s written smoke-free policy shall be communicated to all employees within 30 days after its adoption, and an employer shall provide a copy of the written policy upon request to any employee or prospective employee.
Allegheny County, PA, Code of Ordinances § 880-2. Smoking prohibited.
Effective: 9/26/06 – Through: 6/1/23
A. No person shall smoke or possess a lit tobacco-smoke-producing instrument in any of the following locations, except as provided in § 880-2B of this article:
(1) In any enclosed area to which the general public is invited or in which the general public is routinely permitted, including, but not limited to:
(a) Elevators, restrooms, lobbies, reception areas, passageways and other common-use areas;
(b) Retail or wholesale stores;
(c) Service establishments, office buildings, banks or financial institutions;
(d) Food or beverage establishments;
(e) Galleries, libraries and museums;
(f) Any school or educational or vocational facility;
(g) Any licensed gaming facility;
(h) Any County-owned or -leased building or facility;
(i) Any enclosed place at which a public meeting is held by any public agency, during such time as a public meeting is in progress;
(j) Any health-care facility, including, but not limited to, hospitals, clinics, physical therapy facilities, and doctors’ offices, and including any private residence used as a health-care facility during those hours it is used as such, and patient transport vehicles owned or leased by the facility;
(k) Any child-care or adult day-care facility, including any private residence used as a child-care or adult day-care facility during those hours it is used as such. In addition, no person shall smoke in a vehicle when such vehicle is being used for the public transportation of children or adults as part of day-care transportation;
(l) Lobbies, hallways, and other common areas in apartment buildings, in condominiums and other multiple-unit residential facilities, or in retirement facilities and nursing homes; and
(m) Lobbies, hallways, and other common areas in lodging establishments and in no less than 75% of the sleeping quarters within a lodging establishment that are available for rent to guests.
(2) In any sports or recreational facility.
(3) In any theater or performance establishment.
(4) In any workplace.
(5) In any place where “No Smoking” signs are posted by order of any individual or agency authorized by law to do so.
(6) Outdoors within five feet of any entrance or in any location that blocks any entrance to any enclosed area in which smoking is prohibited under the terms of this section.
[Amended 11-21-2006 by Ord. No. 36-06]
(7) In any vehicle of public transportation or any fare-paid area of a Port Authority of Allegheny County facility.
(8) In any food facility, as defined in this article.
(9) Within 15 feet of any entrance to any health-care facility, as described in § 880-2A(1)(j) of this article.
[Amended 10-24-2006 by Ord. No. 32-06]
B. Exceptions. The provisions § 880-2A shall not apply:
(1) In a specialty tobacco establishment, as defined by this article; provided that such specialty tobacco establishment is in legal operation and has a valid business privilege license.
(2) In designated sleeping quarters within a lodging establishment that are available for rent to guests accounting for no more than 25% of the total number of lodging units within any single lodging establishment, as defined by this article.
(3) In private residences, except when used as a child care, adult day-care, or health-care facility, or when operated as a business or other entity which would otherwise fall within the restrictions of this article.
(4) In drinking establishments opened prior to September 26, 2006, provided that:
[Added 10-24-2006 by Ord. No. 30-06]
(a) The exception provided under the terms of this subsection shall not be available to any drinking establishment during any time at which individuals under the age of 18 years are present within such establishment.
(b) The drinking establishment submits a written waiver application to the Allegheny County Health Department and forwards a copy of the application to the municipal police department(s) with jurisdiction over the location in which the drinking establishment is located. Such application, at a minimum, shall include:
[1] The name of the drinking establishment;
[2] An address and telephone number for the owner(s) of the drinking establishment;
[3] The date upon which the drinking establishment was opened, together with copies of the drinking establishment’s two most recent annual federal income tax returns;
[4] A general description of the business conducted at the Drinking Establishment, together with any other documentation that the Department shall deem necessary to demonstrating the Drinking Establishment’s annual sales and percentage thereof derived from food, non-alcoholic beverages, and alcoholic beverages; and
(c) The drinking establishment receives a written waiver from the Health Department, as follows:
[1] The Department may require that applications include any information deemed pertinent to the identification of the entity applying for a waiver under the terms of this subsection. The Department may also designate the form of the application and establish written application guidelines. The Department shall issue a written approval or denial of all applications and shall develop a system, policies and procedures for tracking the issuance of all approvals or denials.
[2] The Department may disapprove an application only if it finds that an applicant does not meet one or more of the requirements of this subsection. The Department shall provide written notices of all denials that include the specific reason(s) for which any application was not approved.
(d) The drinking establishment displays the relevant waiver in a prominent location within the establishment at all times, and provides a copy to the municipal police department(s) with jurisdiction over the drinking establishment.
(e) Waivers granted under this subsection shall automatically expire if the drinking establishment to which they apply is moved or sold, or if any alteration is made to the establishment’s liquor license or incorporation status.
(f) All waivers granted under this subsection shall automatically expire on January 1, 2009.
(5) In volunteer organizations. This exception shall not apply to any event conducted by an entity that otherwise meets the definition of a “volunteer organization” under the terms of this article if any person under the age of 18 years is permitted access to that event, whether as staff, guest, or in any other capacity
Allegheny County, PA, Code of Ordinances § 880-9. Prohibition; exceptions.
Effective: 3/7/17 – Through: 6/1/23
A. General rule. Except as set forth under Subsection B of this section, no person shall use an e-cigarette in a public place. The use of an e-cigarette includes consuming, inhaling or exhaling an e-cigarette. Nothing in this article shall preclude the owner of a public or private property from prohibiting the use of e-cigarettes on the property.
B. Exceptions. Subsection A of this section shall not apply to any of the following:
(1) Any public place that qualifies for an exception under Section 3 of the Act of June 13, 2008 (P.L. 182, No. 27), known as the Clean Indoor Air Act.
(2) A specialty e-cigarette establishment that satisfies all of the following requirements:
(a) Vapors from the specialty e-cigarette establishment do not migrate into an enclosed area where e-cigarette use is prohibited under this article.
(b) The specialty e-cigarette establishment does not sell or serve food for consumption on the premises by customers.
(c) The specialty e-cigarette establishment does not allow individuals under 18 years of age to enter the premises.
Pittsburgh, PA, Code of Ordinances § 617.01 – FINDINGS AND PURPOSE.
Effective: 12/11/87 – Through: 6/1/23
(a) The City Council does hereby find that:
(1) The historic 1986 report of the Surgeon General concluded that healthy people who do not smoke can develop lung cancer and other diseases simply by inhaling smoke from others and that a substantial number of lung cancer deaths that occur among nonsmokers can be attributed to involuntary smoking;
(2) The right of smokers to smoke ends where their action affects the health, well-being and comfort of others;
(3) Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution;
(4) Reliable studies have shown that breathing secondhand smoke is a significant health hazard for several population groups, including but not limited to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function as asthmatics and those with obstructive airway diseases;
(5) Health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction and bronchospasm;
(6) Nonsmokers who suffer allergies, respiratory diseases and other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions;
(7) Numerous studies have shown that a vast majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employment; and
(8) Smoking is a potential cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause losses to businesses.
(b) Accordingly, Council finds and declares that the purposes of this Chapter are:
(1) To protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment; and
(2) To strike a reasonable balance between the needs of persons who smoke and the need of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority.
Allegheny County, PA, Code of Ordinances § 880-8. Definitions.
Effective: 3/7/17 – Through: 6/1/23
A. For the purposes of this article, the following definitions shall apply:
DEPARTMENT
The Allegheny County Health Department.
DIRECTOR
The Director of the Allegheny County Health Department or the Director’s authorized representative.
E-CIGARETTE
Any electronic oral device, such as one composed of a heating element, battery or electronic circuit, which provides a vapor of nicotine or any other substances and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar or e-pipe or under any other product name or descriptor.
ENCLOSED AREA
All space between a floor and a ceiling that is bounded on at least two sides by walls, doorways or windows, either open or closed. A wall includes any retractable divider, garage door or other physical barrier, whether temporary or permanent and whether or not containing openings of any kinds.
(1) A facility which provides education, food or health-care-related services.
(2) A vehicle used for mass transportation. This paragraph includes a train, subway, bus, including a chartered bus, plane, taxicab and limousine.
(3) A train station, subway station or bus station.
(4) A public facility. This definition includes a facility to which the public is invited or in which the public is permitted and a private home which provides child-care or adult day-care services.
(5) A sports or recreational facility, theater or performance establishment.
PUBLIC PLACE
An enclosed area which serves as a workplace, commercial establishment or an area where the public is invited or permitted. The term includes:
SPECIALTY E-CIGARETTE ESTABLISHMENT
A business establishment whose sales of e-cigarettes and e-cigarette-related products comprise at least 50% of the gross annual sales. E-cigarette-related products include atomizers, cartomizers, clearomizers, vaporizers, batteries, replacement cartridges, coils, e-liquids, tank systems, flavors, and programmable software.
B. The terms “cigar bar,” “drinking establishment,” “full-service truck stop,” “gaming floor,” “night club,” “private club,” “public meeting,” “tobacco shop,” “volunteer ambulance service,” “volunteer fire company,” “volunteer rescue company,” and “workplace” shall be as defined in Section 2 of the Act of June 13, 2008 (P.L. 182, No. 27), known as the Clean Indoor Air Act.
Pittsburgh, PA, Code of Ordinances § 617.06 – BINGO HALLS.
Effective: 12/11/87 – Through: 6/1/23
The party holding a license to conduct a bingo or the party’s designee shall provide a contiguous nonsmoking area or room sufficient to meet patron demand. The party may not determine that no demand exists. Signs shall be sufficiently and conspicuously posted in the nonsmoking area and notice shall be prominently posted at each entrance stating that a nonsmoking section is available and every patron who desires to be seated in the nonsmoking section shall be so seated.
Pittsburgh, PA, Code of Ordinances § 617.07 – REGULATION OF SMOKING IN PLACES OF EMPLOYMENT.
Effective: 12/11/87 – Through: 6/1/23
(a) It shall be the responsibility of employers to provide smoke-free areas for nonsmoking employees within the existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.
(b) Within ninety (90) days of the effective date of this Chapter, each employer having an enclosed place of employment located within the City with the exception of as provided in subsection (c) hereof, shall adopt, implement, make known and maintain a written smoking policy which shall contain at a minimum the following provisions.
(1) Any employee in a place of employment shall have the right to designate his or her work area as a nonsmoking area and to post the same with an appropriate sign or signs, to be provided by the employer.
(2) Prohibition of smoking in auditoriums, classrooms, conference and meeting rooms, elevators, medical facilities and restrooms.
(3) Provision and maintenance of separate and contiguous nonsmoking areas of not less than twenty (20) percent of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges or provision and maintenance of separate cafeterias, lunchrooms and employee lounges for smokers and nonsmokers.
(c) Employers who employ less than twenty-five (25) employees are not required to reduce the employer’s smoking policy to writing. Then employers are required to comply with all other provisions of this Chapter.
(d) The smoking policy shall be communicated to all employees within three (3) weeks of its adoption and at least annually thereafter, and shall be provided or made known to any existing or prospective employee upon request.
(e) Notwithstanding any other provision of this Chapter, every employer shall have the right to designate any place of employment, or any portion thereof, as a nonsmoking area.
(f) All rights, functions and prerogatives of management normally possessed by employers which are not expressly and specifically restricted or modified by this Chapter are reserved and retained exclusively to the employer. In no event shall any right, function or prerogative of management ever be deemed or construed to have been modified, diminished or impaired by this Chapter other than by a specific provision of this Chapter.
(g) A work area separated from other work areas by floor to ceiling walls which is occupied exclusively by smokers, even though such work area may be visited by nonsmokers, may be designated a smoking area.
Pittsburgh, PA, Code of Ordinances § 617.08 – WHERE SMOKING IS NOT REGULATED.
Effective: 12/11/87 – Through: 6/1/23
(a) Notwithstanding any other provision of this Chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this Chapter:
(1) Bars.
(2) Private residences, except when used as a child care or health care facility.
(3) Hotel and motel rooms rented to guests, except those rooms designated as “nonsmoking rooms” by the proprietors.
(4) Retail tobacco stores.
(5) Hotel, motel and restaurant conference, meeting or banquet rooms and public and private assembly rooms while these places are being used for private functions, conferences, meetings or banquets, with the exception of as provided in § 617.04.
(6) An enclosed space occupied exclusively by smokers, even though such place may be visited by nonsmokers.
(7) Building stairwells.
(8) The common, public area in indoor shopping malls.
(b) Notwithstanding any other provision of this Chapter, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.
Pittsburgh, PA, Code of Ordinances § 617.05 – RESTAURANTS.
Effective: 12/11/87 – Through: 6/1/23
(a) All restaurants with a seating capacity of fifty (50) or more patrons exclusive of those seats at the counter which alcoholic beverages are prepared and at which alcoholic beverages are served and/or those restaurants whose food sales comprise eighty (80) percent or more of the total sales volume of the restaurant, shall be regulated by this Chapter. The regulation shall consist of the following:
(1) Every restaurant shall have posted a conspicuous sign or signs clearly stating that a nonsmoking section is available.
(2) Every patron shall be asked his or her preference whenever a host or hostess is available to make an inquiry.
(3) Every patron who desires to be seated in such nonsmoking section shall be so seated.
(4) The area or separate room designated as a nonsmoking area or room shall not contain less than twenty (20) percent of the seating capacity of the restaurant, exclusive of those seats at the counter behind which alcoholic beverages are prepared and at which alcoholic beverages are served.
(5) Ashtrays shall be removed from areas or rooms where smoking is prohibited except that an ashtray may be placed by the entrance of a nonsmoking area or room provided the area or room is clearly marked as a nonsmoking area or room.
(6) The owner, operator, manager or other person who controls or manages the restaurant or his or her employees or designees shall request persons smoking in designated nonsmoking areas or rooms to stop smoking.
(b) Notwithstanding any other provision of this Chapter, any owner, operator, manager or other person who controls any establishment or facility covered by this Chapter may declare that entire establishment or facility as a nonsmoking establishment, or may declare that a larger portion of the establishment or facility than that required by this Chapter shall be a nonsmoking area or room.
Pittsburgh, PA, Code of Ordinances § 617.02 – DEFINITIONS.
Effective: 12/11/87 – Through: 6/1/23
The following words and phrases, whenever used in this Chapter, shall be construed as defined in this section.
(a) BAR. Any establishment where there are no more than forty-nine (49) seats other than those at the counter behind which alcoholic beverages are prepared and at which alcoholic beverages are served and an establishment at which food sales comprise less than eighty (80) percent of the total volume of the establishment.
(b) BUSINESS. Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
(c) DINING AREA. Any enclosed area containing a counter or tables upon which meals are served.
(d) EMPLOYEE. Any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit and any person who volunteers his or her services for a nonprofit entity.
(e) EMPLOYER. Any person, partnership, corporation, including a municipal corporation or nonprofit entity, who employs the services of one (1) or more individual persons.
(f) ENCLOSED AREA. All space between a floor and ceiling which is enclosed on all sides by solid walls or windows, (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, “office landscaping” or similar structures.
(g) MOTION PICTURE THEATRE. Any theatre engaged in the business of exhibiting motion pictures.
(h) NONPROFIT ENTITY. Any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a “nonprofit” entity within the meaning of this section.
(i) PLACE OF EMPLOYMENT. Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms and classrooms, employee cafeterias and hallways.
(1) A private residence is not a PLACE OF EMPLOYMENT unless it is used as a child care or health care facility.
(2) The dining area of a restaurant is not a PLACE OF EMPLOYMENT.
(j) PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, schools, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theatres and waiting rooms. A private residence is not a PUBLIC PLACE.
(k) RESTAURANT. Any coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment, organization, club, including veterans’ club, boardinghouse or guesthouse, which gives or offers for sale food to the public, guests, patrons or employees, exclusive of those establishments defined as “bars” in subsection (a) hereof.
(l) RETAIL TOBACCO STORE. A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental, or a department in a department store or a similar store which primarily sells tobacco products and accessories.
(m) SERVICE LINE. Any indoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
(n) SMOKING. Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or in any form.
(o) SPORTS ARENA. Any sports pavilion, gymnasium, health spa, swimming pool, roller and ice rink, bowling alley and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events.
(p) UNDERGROUND TRANSIT STATION. Those structures, areas and facilities at the street and underground levels which are owned, maintained and secured by the Port Authority for the purpose of providing underground transit operations (whether accessible to the public or not), including, but not limited to: entry structures and pedestrian accessways; areas used for circulation, fare collection, information and emergency access; elevators, escalators, stairs and ramps; platform and concourse levels and control booths, equipment storage areas and trainways.
Pittsburgh, PA, Code of Ordinances § 617.04 – PROHIBITION OF SMOKING IN PUBLIC PLACES.
Effective: 12/11/87 – Through: 6/1/23
(a) Smoking shall be prohibited in all enclosed public places within the city, including but not limited to, the following places:
(1) Elevators.
(2) Buses, taxicabs (unless the driver and all passengers of the taxicab affirmatively consent to smoking) and other means of public transit, and all forms of student transportation except private vehicles, and ticket, boarding and waiting areas of public transit depots; provided, however, that this prohibition does not prevent:
A. The establishment of separate waiting areas for smokers and nonsmokers of equal size, or
B. The establishment of a given waiting room as a smoking area.
(3) Public restrooms.
(4) Service lines.
(5) Lobbies, except those in hotels, sports arenas and municipal or civic convention halls, and hallways.
(6) Retail stores, except areas in such stores not open to the public and all areas within retail tobacco stores.
(7) All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including but not limited to, professional offices and other offices, banks, and all public areas of hotels and motels other than the lobbies.
(8) Public areas of galleries, libraries, halls, auditoriums and museums when open to the public, provided, however, that this prohibition does not prevent the designation of a separate room for smoking in such areas.
(9) Any building not open to the sky which is primarily used for, or designed for the primary purpose of, exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except when smoking is a part of a stage production; provided, however, that this prohibition does not prevent the designation of part of an area commonly called a lobby as a smoking area.
(10) Enclosed sports arenas and municipal or civic convention halls, except in lobbies and designated smoking areas.
(11) Every room, chamber, place of meeting or public assembly, including those in school buildings, under the control of any board, task force, authority, council, commission, committee, including joint committees or agency of the City or any political subdivision of the state during the time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city.
(12) Waiting rooms, hallways, wards and semi-private rooms of health facilities, including, but not limited to hospitals, clinics, physical therapy facilities, doctors’ offices and dentists’ offices. In bed space areas of health facilities used for two (2) or more patients, smoking shall be prohibited unless all patients within the room are smokers and request in writing of the health care facility to be placed in a room where smoking is permitted.
(13) Polling places. (Ord. 20-1987, eff. 12-11-87)
(14) Underground transit stations.
A. Eating and drinking is also prohibited. (Ord. 28-1985, eff. 7-23-85)
(b) Notwithstanding any other provision of this Chapter, any owner, operator, manager or other person who controls any establishment or facility described in this Chapter may declare that entire establishment or facility as a nonsmoking establishment.
Pittsburgh, PA, Code of Ordinances § 617.12 – EXEMPTIONS.
Effective: 12/11/87 – Through: 6/1/23
Any owner, operator or manager of a business or other establishment subject to this Chapter may apply to the Director of the Department of Public Safety for an exception or modification to any provision of this Chapter due to unusual circumstances or conditions. Exemptions may be granted on a showing of financial impracticability or other due cause.
Pittsburgh, PA, Code of Ordinances § 617.13 – OTHER APPLICABLE LAWS.
Effective: 12/11/87 – Through: 6/1/23
This Chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.