PRINTER'S NO. 1430
No. 1149 Session of 2001
INTRODUCED BY GREENLEAF, ERICKSON AND SCHWARTZ, OCTOBER 12, 2001
REFERRED TO PUBLIC HEALTH AND WELFARE, OCTOBER 12, 2001
AN ACT
1 Amending the act of April 27, 1927 (P.L.465, No.299), entitled,
2 as amended, "An act to provide for the safety of persons
3 employed, housed, or assembled in certain buildings and
4 structures by requiring certain construction and ways of
5 egress, equipment, and maintenance; providing for the
6 licensing of projectionists, except in cities of the first
7 class and second class; requiring the submission of plans for
8 examination and approval; providing for the promulgation of
9 rules and regulations for the enforcement of this act;
10 providing for the enforcement of this act by the Department
11 of Labor and Industry, the Department of Health, boards of
12 school directors and, in certain cases, by the chiefs of fire
13 departments in cities of the third class; providing penalties
14 for violations of the provisions of this act; and repealing
15 certain acts," expanding the list of public places wherein
16 smoking is prohibited; further providing for smoking in
17 restaurants and in the workplace; and providing penalties.
18 The General Assembly finds as follows:
19 (1) The Environmental Protection Agency has recently
20 classified second-hand tobacco smoke as a Class A carcinogen,
21 a classification reserved for the most lethal environmental
22 hazards, such as asbestos, benzene, formaldehyde and radon.
23 (2) It is anticipated that 53,000 nonsmokers in the
24 United States will die annually from lung and heart disease
25 due to exposure to passive smoke.
1 (3) Three hundred thousand children exposed to tobacco
2 smoke have increased frequency of lower respiratory
3 infections, such as pneumonia, bronchitis and bronchiolitis.
4 (4) Tobacco smoke is also responsible for up to
5 1,000,000 attacks of asthma, 8,000 to 26,000 new cases of
6 asthma and significant reduction in lung function and causes
7 serious middle ear infections among children each year.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 10.1 of the act of April 27, 1927
11 (P.L.465, No.299), referred to as the Fire and Panic Act, added
12 December 21, 1988 (P.L.1315, No.168), is amended to read:
13 Section 10.1. Clean Indoor Air.--(a) The purpose of this
14 section is to protect the public health [and to provide for the
15 comfort of all parties by regulating and controlling smoking in
16 certain public places and at public meetings and in certain
17 workplaces.], the comfort of all parties and the environment by
18 prohibiting smoking in public places, public meetings and
19 workplaces, except in designated smoking areas as provided for
20 in this section.
21 (b) As used in this section, the following words and phrases
22 shall have the meanings given to them in this subsection:
23 ["Bar areas" means those areas which are devoted to the
24 serving of alcoholic beverages for consumption by guests on the
25 premises and in which the serving of food is only incidental to
26 the consumption of such beverages.]
27 "Public meetings" [means] include, but are not limited to,
28 all meetings open to the public pursuant to the act of July 3,
29 1986 (P.L.388, No.84), known as the "Sunshine Act."
30 "Public place" means either of the following:
20010S1149B1430 - 2 -
1 (1) An [enclosed,] indoor area owned, leased or operated by
2 a State or local governmental agency and used by the general
3 public or serving as a place of work for public employes or a
4 meeting place for a public body, including, but not limited to,
5 an office, educational facility, health facility, auditorium,
6 arena, meeting room, exhibition hall, restroom, waiting area,
7 hallway, lobby, rotunda or public conveyance.
8 (2) An [enclosed,] indoor area which is not owned or
9 operated by a State or local governmental agency, and which is
10 used by the general public [and which is], including, but not
11 limited to, any of the following:
12 (i) A workplace.
13 (ii) An educational facility.
14 (iii) A health facility.
15 (iv) An auditorium.
16 (v) An arena.
17 (vi) A theater.
18 (vii) A museum.
19 (viii) A restaurant.
20 (ix) A concert hall.
21 (x) Any other facility during the period of its use for a
22 performance or exhibit of the arts.
23 (xi) A commercial establishment.
24 (xii) A retail store.
25 (xiii) A service line.
26 (xiv) A grocery store.
27 (xv) A bingo hall.
28 (xvi) A waiting room or area.
29 (xvii) A hallway.
30 (xviii) A polling place.
20010S1149B1430 - 3 -
1 (xix) A restroom.
2 (xx) A sports arena.
3 (xxi) A convention hall.
4 (xxii) An elevator.
5 (xxiii) Public transit.
6 (xxiv) A public food assistance program and facility.
7 (xxv) A shopping mall.
8 (xxvi) A public meeting not covered by the "Sunshine Act."
9 (xxvii) A rotunda.
10 (xxviii) An exhibition hall.
11 (xxix) A lobby.
12 "Restaurant" means any eating establishment which offers food
13 for sale to the public.
14 "Service line" means any line at which one or more persons
15 are waiting for or receiving service of any kind, whether or not
16 such service involves the exchange of money.
17 "Smoking" means the carrying by a person of a lighted cigar,
18 cigarette, pipe or other lighted smoking device.
19 "Smoking area" means a separately enclosed and separately
20 ventilated room of a building:
21 (1) in which air from the room is exhausted directly outside
22 and not recirculated within the building or mixed with the
23 general diluted ventilation for the building; and
24 (2) which has a slight negative pressure to ensure airflow
25 into the room rather than back into the airspace of the rest of
26 the building.
27 "Sports arena" means a sports stadium, sports pavilion,
28 exhibition hall, gymnasium, health spa, boxing arena, swimming
29 pool, roller or ice rink, bowling alley or other similar place
30 where members of the general public assemble either to engage in
20010S1149B1430 - 4 -
1 physical exercise, participate in athletic competition or
2 witness sports events.
3 "Workplace" means an [enclosed,] indoor area serving as a
4 place of employment, occupation, business, trade, craft [or],
5 profession or volunteer activity.
6 (c) No person shall smoke in [an area designated nonsmoking
7 by the proprietor or person in charge in a public place or at a
8 public meeting] a public place, public meeting or at the
9 workplace, except that the proprietor, person in charge or
10 employer may designate smoking areas that meet the requirements
11 of this section.
12 (d) The following places shall be exempt from this section:
13 (1) Private social functions where the area utilized is
14 under the control of the sponsor and not the proprietor, except
15 areas owned, leased or operated by a State or local governmental
16 agency.
17 [(2) Factories, warehouses and similar places of work not
18 frequented by the general public.
19 (3) Restaurants seating fewer than seventy-five (75)
20 persons.
21 (4) Bar areas in a liquor licensee establishment.
22 (5) Areas in public places commonly referred to as lobbies
23 and hallways.
24 (6) Hotel and motel rooms.
25 (7) Retail stores, the primary business of which is the sale
26 of tobacco or tobacco-related products.]
27 (8) Private residences, except when used as child care or
28 health care facilities.
29 (d.1) Any owner, operator, manager or other person who
30 controls any establishment or facility described under
20010S1149B1430 - 5 -
1 subsection (d) may declare that entire establishment or facility
2 nonsmoking.
3 (e) The [regulation] prohibition of smoking in all
4 restaurants [with seventy-five (75) or more seats] shall be
5 governed by the following:
6 (1) [Restaurants shall provide for their patrons smoking and
7 nonsmoking areas reasonably calculated to address the needs of
8 their clientele, the size of which may be increased or
9 decreased, by the proprietor or person in charge, according to
10 need.] The premises of all restaurants shall be totally
11 nonsmoking, except that the proprietors or persons in charge
12 thereof may designate smoking areas that meet the requirements
13 of this section.
14 (2) Restaurants shall make reasonable efforts to prevent
15 smoking [in the designated nonsmoking section] by:
16 (i) [Posting] Removing all ashtrays and posting appropriate
17 signs which are readily visible. The color, size and placement
18 of the signs shall be left to the discretion of the proprietor
19 or person in charge in keeping with the decor or aesthetics of
20 the establishment.
21 (ii) [Arranging seating so that smokers and nonsmokers are
22 placed in contiguous groupings.
23 (iii) Asking smokers to refrain from smoking in the
24 nonsmoking areas.] Asking persons to refrain from smoking while
25 on the premises.
26 [(f) The regulation of smoking in restaurants with fewer
27 than seventy-five (75) seats shall be left to the discretion of
28 the proprietor, provided that:
29 (1) Restaurants which choose not to provide a nonsmoking
30 area nor develop a no-smoking policy based upon customer
20010S1149B1430 - 6 -
1 preference shall post notice of such lack of policy at each
2 entranceway.
3 (2) Restaurants which choose to provide a nonsmoking area
4 shall develop a policy in accordance with subsection (e).]
5 (g) [Except as otherwise provided in this section,
6 employers] Employers shall develop, post [and], implement and
7 enforce a policy to regulate smoking in [the workplace, provided
8 that nothing in this section or any local law, rule or
9 regulation shall be construed as to impair or diminish or
10 otherwise affect any contractual agreement, collective
11 bargaining agreement, collective bargaining rights or collective
12 bargaining procedures] their workplaces, except that the
13 employers, through collective bargaining procedure, if
14 applicable, may designate smoking areas that meet the
15 requirements of this section. The employer shall provide a copy
16 of the policy to any employe upon request.
17 (g.1) No person or employer shall discharge, refuse to hire
18 or in any manner retaliate against any employe or applicant for
19 employment because the employe or applicant exercises any right
20 to a smoke-free environment required by this act.
21 [(h) No proprietor or person in charge of a public place who
22 establishes a policy or designates areas pursuant to this
23 section shall be subject to any action in any court by any party
24 other than the Department of Health or local board or department
25 of health under this section.
26 (i) A violation of this section shall be punishable by a
27 civil fine of not more than fifty dollars ($50.00).
28 (j) The Department of Health shall promulgate and adopt
29 rules and regulations as are necessary and reasonable to
30 implement the provisions of this section.]
20010S1149B1430 - 7 -
1 (k) The Department of Health, a local board or department of
2 health or any affected party may institute an action in any
3 court with jurisdiction to enjoin violations of this section.
4 (l) Any person or entity who violates this section commits a
5 summary offense and shall pay:
6 (1) A fine not exceeding one hundred ($100.00) for a first
7 violation.
8 (2) A fine not exceeding two hundred dollars ($200.00) for a
9 second violation of this section that occurs within one (1)
10 year.
11 (3) A fine not exceeding five hundred dollars ($500.00) for
12 each additional violation of this section that occurs within one
13 (1) year.
14 (m) The Department of Health shall promulgate and adopt
15 rules and regulations as are necessary and reasonable to
16 implement the provisions of this section. The department shall
17 also engage in a continuing program to explain and clarify the
18 purposes and requirements of this section to citizens affected
19 by it, and to guide owners, operators and managers in their
20 compliance with it. The programs may include publication of a
21 brochure for affected businesses and individuals explaining the
22 provisions of this act.
23 (n) In any dispute arising under this section, the authority
24 adjudicating the dispute shall construe the provisions of this
25 act in favor of the health concerns of persons who do not engage
26 in smoking, whose concerns shall represent the public interest.
27 (o) This section shall apply throughout this Commonwealth,
28 but shall not supersede any existing ordinances, local laws,
29 rules or regulations which are more restrictive. Any
30 governmental body may adopt requirements to supplement this act
20010S1149B1430 - 8 -
1 provided no such requirement shall in any way be less
2 restrictive than the requirements set forth in this act.
3 Section 2. Section 15.1 of the act is repealed.
4 Section 3. This act shall take effect in 60 days.
I7L35DMS/20010S1149B1430 - 9 -