T39CH55
Title 39 > T39CH55
Sections (10)
39-5501
TITLE 39 HEALTH AND SAFETY CHAPTER 55 CLEAN INDOOR AIR 39-5501. Legislative findings and intent. (1) Public health officials have concluded that secondhand tobacco smoke causes disease, including lung cancer and heart disease, in nonsmoking adults, as well as causes serious conditions in children such as asthma, respiratory infections, middle ear infections, and sudden infant death syndrome. In addition, public health officials have concluded that secondhand smoke can exacerbate adult asthma and allergies and cause eye, throat and nasal irritation. The conclusions of public health officials concerning secondhand tobacco smoke are sufficient to warrant measures that regulate smoking in public places in order to protect the public health and the health of employees who work at public places. (2) The intent of this chapter is to protect the public health, comfort and environment, the health of employees who work at public places and the rights of nonsmokers to breathe clean air by prohibiting smoking in public places and at public meetings. History: [39-5501, added 1985, ch. 60, sec. 1, p. 120; am. 2004, ch. 389, sec. 1, p. 1166.]
39-5502
TITLE 39 HEALTH AND SAFETY CHAPTER 55 CLEAN INDOOR AIR 39-5502. Definitions. As used in this chapter: (1) Auditorium means a public building where an audience sits and any corridors, hallways or lobbies adjacent thereto. (2) Bar means any indoor area open to the public operated primarily for the sale and service of alcoholic beverages for on-premises consumption and where: (a) the service of food is incidental to the consumption of such beverages, or (b) no person under the age of twenty-one (21) years is permitted except as provided in section 23-943 , Idaho Code, as it pertains to employees, musicians and singers, and all public entrances are clearly posted with signs warning patrons that it is a smoking facility and that persons under twenty-one (21) years of age are not permitted. Bar does not include any area within a restaurant. (3) Bar within a restaurant means a bar that: (a) Is physically isolated from all parts of the restaurant by solid floor to ceiling walls; (b) Has a separate outside public entrance that is not shared with the restaurant; (c) Does not have any windows that can be opened or doorways connecting it to the restaurant, either directly or through any public place, including lobbies, hallways, or passageways that the public uses. The bar may be connected through means not available for public use; and (d) Does not require restaurant patrons to pass through the bar or any indoor public place connected to the bar to access restrooms or other facilities or accommodations of the restaurant. (4) Bowling alley means a place of business with at least two (2) bowling lanes on its premises that is operated for public entertainment. (5) Educational facility means any room, hall, or building that is used for instruction or is supportive of instruction, including classrooms, libraries, auditoriums, gymnasiums, lounges, study areas, restrooms, halls, registration areas, and bookstores of any private or public preschool, kindergarten, elementary school, junior high or intermediate school, high school, vocational school, college, or university. (6) Employer means any person, partnership, limited liability company, association, corporation or nonprofit entity that employs one (1) or more persons, including the legislative, executive and judicial branches of state government; any county, city, or any other political subdivision of the state; or any other separate unit of state or local government. (7) Enclosed means the space between a floor and ceiling being surrounded on all sides at any time by solid walls, windows, or similar structures, not including doors, that extend from the floor to the ceiling. (8) Incidental service of food means only serving food that is low-risk and non-potentially hazardous food. (9) Indoor shopping mall means an indoor facility located at least fifty (50) feet from any public street or highway and housing no less than ten (10) retail establishments. (10) Person in charge or proprietor means any person, or ag
39-5503
TITLE 39 HEALTH AND SAFETY CHAPTER 55 CLEAN INDOOR AIR 39-5503. Prohibitions — Exceptions. (1) No person shall smoke in a public place, publicly-owned building or office, or at a public meeting, except in the following which may contain smoking areas or be designated as smoking areas in their entirety: (a) Bars; (b) Retail businesses primarily engaged in the sale of tobacco or tobacco products; (c) Buildings owned and operated by social, fraternal, or religious organizations when used by the membership of the organization, their guests or families, or any facility that is rented or leased for private functions from which the public is excluded and for which arrangements are under the control of the sponsor of the function; (d) Guest rooms in hotels, motels, bed and breakfast lodging facilities, and other similar lodging facilities, designated by the person or persons having management authority over such public lodging establishment as rooms in which smoking may be permitted; (e) Theatrical production sites, if smoking is an integral part of the story in the theatrical production; (f) Areas of owner-operated businesses, with no employees other than the owner-operators, that are not commonly open to the public; (g) Any office or business, other than child care facilities, located within the proprietor’s private home when all such offices and/or businesses occupy less than fifty percent (50%) of the total area within the private home; (h) Idaho state veterans homes, established pursuant to section 66-901 , Idaho Code, that permit smoking in designated areas, provided that physical barriers and ventilation systems are used to reduce smoke in adjacent nonsmoking areas; and (i) A designated employee breakroom established by a small business owner employing five (5) or fewer employees, provided that all of the following conditions are met: (i) The breakroom is not accessible to minors; (ii) The breakroom is separated from other parts of the building by a floor to ceiling partition; (iii) The breakroom is not the sole means of entrance or exit to the establishment or its restrooms and is located in an area where no employee is required to enter as part of the employee’s work responsibilities. For purposes of this paragraph, the term work responsibilities does not include custodial or maintenance work performed in a breakroom when it is unoccupied; and (iv) Warning: Smoking Permitted signs are prominently posted in the smoking breakroom and properly maintained by the employer. The letters on such signs shall be at least one (1) inch in height. (2) This section shall not be construed to require employers to provide reasonable accommodation to smokers, or to provide breakrooms for smokers or nonsmokers. (3) Nothing in this section shall prohibit an employer from prohibiting smoking in an enclosed place of employment. History: [39-5503, added 1985, ch. 60, sec. 1, p. 120; am. 2004, ch. 389, sec. 3, p. 1168; am. 2005, ch. 96, sec. 1, p. 315; am. 2007, ch. 27
39-5505
TITLE 39 HEALTH AND SAFETY CHAPTER 55 CLEAN INDOOR AIR 39-5505. Smoking in elevators prohibited. Notwithstanding any other provision of this chapter or any other statute, or county or city ordinance, no person shall smoke in any elevator generally accessible to the public. Signs indicating that smoking is prohibited shall be conspicuously posted in each elevator and at each entrance to an elevator car or bank of elevators. History: [39-5505, added 1985, ch. 60, sec. 1, p. 121.]
39-5506
TITLE 39 HEALTH AND SAFETY CHAPTER 55 CLEAN INDOOR AIR 39-5506. Responsibilities of employers. (1) No employer or other person in charge of a public place or publicly-owned building or office shall knowingly or intentionally permit the smoking of tobacco products in violation of this chapter. (2) Any employer or other person in charge of a public place or publicly-owned building or office who knowingly violates the provisions of this section is guilty of an infraction and is subject to a fine not to exceed one hundred dollars (1,000) nor more than five thousand dollars ($5,000) for each violation. History: [39-5506, added 1985, ch. 60, sec. 1, p. 121; am. 2004, ch. 389, sec. 5, p. 1169.]
39-5507
TITLE 39 HEALTH AND SAFETY CHAPTER 55 CLEAN INDOOR AIR 39-5507. Violations. An employer, or other person in charge of a public place or publicly owned building, or the agent or employee of such person, who observes a person smoking in apparent violation of this chapter shall ask the person to extinguish all lighted tobacco products. If the person persists in violating this chapter, the employer, person in charge, agent or employee shall ask the person to leave the premises. Any person who refuses to either extinguish all lighted tobacco products or leave the premises is guilty of an infraction and is subject to a fine of seventeen dollars and fifty cents ($17.50). Any violation may be reported to a law enforcement officer. History: [39-5507, added 1985, ch. 60, sec. 1, p. 121; am. 2004, ch. 389, sec. 6, p. 1169; am. 2015, ch. 198, sec. 3, p. 608.]
39-5508
TITLE 39 HEALTH AND SAFETY CHAPTER 55 CLEAN INDOOR AIR 39-5508. posting of signs. Signs shall be appropriately sized, conspicuous, legible with letters at least one (1) inch in height, unobscured, and placed at a height and location easily seen and read by persons entering or within the posted area. Signs may contain information such as the international smoking and no smoking symbols and references to this chapter. History: [39-5508, added 2025, ch. 64, sec. 3, p. 304.]
39-5509
TITLE 39 HEALTH AND SAFETY CHAPTER 55 CLEAN INDOOR AIR 39-5509. Other statutes not affected. The provisions of this chapter shall not be deemed to amend, modify or repeal sections 18-5904 , 18-5905 and 18-5906 , Idaho Code, relating to no smoking during public meetings. History: [39-5509, added 1985, ch. 60, sec. 1, p. 121.]
39-5510
TITLE 39 HEALTH AND SAFETY CHAPTER 55 CLEAN INDOOR AIR 39-5510. Smoking on buses. (1) Smoking of tobacco or other products in or upon any bus, except a charter bus, is a violation of the provisions of this chapter, and any person smoking tobacco or other products on a bus, except a charter bus shall be guilty of an infraction and shall be punished as provided in section 39-5507 , Idaho Code. (2) As used in this section: (a) Bus means any passenger bus or coach or other motor vehicle having a seating capacity of fifteen (15) or more passengers operated by a bus company for the purpose of carrying passengers or cargo for hire. (b) Bus company means any person, group of persons, association, partnership, corporation or other recognized legal entity providing for-hire transportation to passengers or cargo by bus upon the highways in the state, including passengers and cargo in interstate or intrastate travel. These terms also include cities, counties, districts, public corporations, boards and commissions established under the laws of this state providing transportation to passengers or cargo by bus upon the highways in the state, whether or not for hire. (c) Charter means a group of persons, pursuant to a common purpose and under a single contract, and at a fixed charge in accordance with a bus company’s tariff, which has acquired the exclusive use of a bus to travel together to a specified destination or destinations, or special excursions to one (1) specific destination. History: [39-5510, added 1987, ch. 183, sec. 1, p. 362.]
39-5511
TITLE 39 HEALTH AND SAFETY CHAPTER 55 CLEAN INDOOR AIR 39-5511. Local provisions. Nothing in this chapter shall be interpreted to prevent local, county or municipal governments from adopting ordinances or regulations more restrictive than the provisions contained herein. History: [39-5511, added 2004, ch. 389, sec. 7, p. 1170.]