On November 7, 2006 over 2 million
people voted for Issue 5 or Ohio's indoor smoking ban. The passage
of the law at the polls made the ban effective December 7, 2006.
The intent of the law states that due to medical studies
conclusively showing that exposure to secondhand smoke from tobacco
causes illness and disease, smoking in the workplace is a statewide
concern and, therefore, it is in the best interest of public health
that smoking of tobacco products be prohibited in public places and
places of employment.
The law prohibits
smoking in indoor workplaces and public places. Some of the written
exemptions include, but are not limited to:
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Private residences, except during hours of operation as a child care or adult care facility or as a business when employees, who do not reside in the residence, are present. |
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No more than 20% of sleeping rooms in hotels, motels, or other lodging facilities. |
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Family owned and operated business where al the employees are family members, the business is not open to the public, and the business is a free standing building. |
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A separately enclosed and separately ventilated smoking room for residents in a nursing home. No employee of the nursing facility is required to accompany a resident into the smoking room. |
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Retail tobacco store (a retail establishment that derives more than 80% of its gross revenue from the sale of cigars, cigarettes, pipes, or other smoking items). |
Smoking Ban Enforcement Process
The Health
Dept. is responsible for enforcement of the smoking ban. The steps
of the process are outlined below:
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We receive a complaint, either on the database or through the Health Dept. All complaints are entered into a database where they are easily tracked and documents can be generated. |
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The owner is notified of the complaint with a Notice of Report letter, a copy of the complaint, and a summary of the law |
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The owner/facility then has 30 days to respond to the complaint or provide evidence against the complaint. Any subsequent complaints within that 30 day time period are aggregated into one report. |
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Within that 30 days the Health Dept. must conduct an investigation. Telephone interview, on-site interviews, and on-site investigations are all means of investigating a complaint. |
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If no evidence of smoking is found and the Health Dept. feels that there is compliance then a Letter of Dismissal is sent and the investigation is closed. At the end of the 30-day time period the case is closed.
If evidence of smoking is noted then the Health Dept. must wait until the 30-day time period elapses and then a Notice of Violation is sent. The owner/facility then has an additional 30 days to provide further evidence. If nothing is noted at the end of the second 30-day time period then a Letter of Warning is sent for a first offense. With a second offense a finding of violation and proposed civil fine is sent certified mail with return receipt. The owner/facility may then requst an administrative review within 30 days. |
The first violation results in a warning letter, the second
violation results in a $100 fine, the third violation results in a
$500 fine, the fourth violation results in a $1000 fine and the
fifth and subsequent violations result in a $2500 fine.
There are also rules
established for an individual which could result in a warning letter
for the first offense and a $100 fine for any subsequent
violations. The fines for retaliation include a warning letter for
the first offense, then $1000 for the second violation and $2500 for
the third violation.
The Health Dept. may
also choose to dismiss a violation if it is determined to be
frivolous, not made in good faith, or too old to be reasonably
investigated.
Chapter 3794 of the Ohio Revised Code (Law)
Chapter 3701-52 of the Ohio Administrative
Code (Rules)
Press Release
Regarding Beginning of Enforcement
Signs
No Smoking Black
and White Sign (8.5 x 11)
No Smoking Color
Sign (8.5 x 11)
No Smoking Color
Sign (4 per page)
No Smoking Black
and White Sign (4 x 6)
No Smoking Color Sign (4 x 6)
