Office of Environmental Health

Q. What is the Clean Indoor Air Act of 2007?
A. Maryland’s Clean Indoor Air Act of 2007 was signed into law on May 17, 2007. The purpose of the Act is to preserve and improve the health, comfort, and environment of the people of Maryland by limiting exposure to environmental tobacco smoke.

Q. What does the Clean Indoor Air Act of 2007 do, and whom does it affect?
A. The Act has several provisions. It defines the types of business and establishments that are covered and are not covered. The Act states that beginning on February 1, 2008, a person may not smoke in:

An indoor area open to the public;
An indoor place in which meetings are open to the public in accordance with Title 10, Subtitle 5 of the State Government Article;
A government-owned or government-operated means of mass transportation including buses, vans, trains, taxicabs, and limousines; or
An indoor place of employment.

Q. What is meant by “indoor area?”
A. The regulation defines an “indoor area” as “all space in a structure or building with a ceiling that is enclosed on all sides by any combination of permanent or temporary walls, windows, or doorways, whether open or closed, or other physical barriers extending from floor to the ceiling.”

Q. What is meant by “indoor area open to the public?”
A. An indoor area open to the public is either: (a) An indoor area or a portion of an indoor area accessible to the public by either invitation or permission; or (b) An indoor area of an establishment licensed or permitted under Article 2B, Annotated Code of Maryland, for the sale or possession of alcoholic beverages.

Q. Who is not affected by the Clean Indoor Air Act of 2007?
A. The Act does not apply to:

Private homes and residences;
A hotel or motel room rented to one or more guests as long as the total percent of hotel or motel rooms being so used does not exceed 25%;
A retail tobacco business that is a sole proprietorship, limited liability company, corporation, partnership, or other enterprise, in which the primary activity is the retail sale of tobacco products and accessories, and the sale of other products is incidental;
Any facility of a manufacturer, importer, wholesaler, or distributor of tobacco products or of any tobacco leaf dealer or processor in which employees of the manufacturer, importer, wholesaler, distributor, or processor work or congregate; or
A research or educational laboratory for the purpose of conducting scientific research into the health effects of tobacco smoke.

Q. What is the relationship between the Clean Indoor Air Act of 2007 and other smoking-related legislation in other jurisdictions in Maryland?
A. The law permits certain other jurisdictions of the State to enact regulations or enact laws to regulate the smoking of tobacco products in public buildings if they are at least as strict as the provisions of the Clean Indoor Air Act.

Q. Wasn’t smoking already banned in many workplaces?
A. Maryland Occupational Safety and Health, in the Department of Labor, Licensing and Regulation, has banned smoking for 10 years in most workplaces in Maryland. These workplaces are now covered under the new Clean Indoor Air Act of 2007. The Department of Labor, Licensing and Regulation still has responsibility under the Act for smoking in indoor places of employment not normally open to the public. The Department of Labor, Licensing, and Regulation and the Department of Health and Mental Hygiene are working together to ensure that the regulations that are called for in the Act are consistent and clear.

Q. What do businesses have to do to comply with the law?
A. All businesses (unless they are exempt or have a waiver) must prohibit smoking in indoor areas open to the public. Some businesses (bars, restaurants, pubs, taverns, retail establishments, theaters, concert halls, athletic facilities, financial service institutions, government buildings, educational institutions, museums, and libraries) have to post no smoking signs at public entrances to the areas where smoking is prohibited, as well as within the areas where smoking is prohibited.

Q. Are private clubs also covered by the new law?
A. Yes, if they meet the definition of club in Article 2B, §1-102(a)(4), of the Annotated Code of Maryland (that is, if they are “an association or corporation which is organized and operated exclusively for educational, social, fraternal, patriotic, political or athletic purposes and not for profit” serving alcohol). These clubs must also prohibit smoking and post signs.

Q. Is smoking outside or at entrances covered by the law?
A. Smoking outside of an establishment is not covered under the new regulations, whether it is on an open deck, outside an entrance to an establishment, or on a sidewalk in front of a building. If smoke from outside is getting into an area where smoking is prohibited, the Department hopes that the owner will attempt to minimize the possibility of exposures from outside sources. However, while smoking outside is not addressed in the Department’s regulations, businesses that are considering permitting smoking outside under covered structures need to be certain that the structures do not become an “indoor area” as defined above . For example, if a deck is fully enclosed with a roof but has open windows, it would still meet the definition of an “indoor area open to the public.”

Q. Do exempt establishments need to do anything special?
A. No. If an establishment is exempt from the law, it does not need to do anything at all.

Q. What should I do if someone smokes in my business?
A. You and your employees are obligated to inform the customer to stop smoking immediately.

Q. What happens if they do not and continue to smoke?
A. You must inform the customer to leave.

Q. What happens if I don’t tell them to leave?
A. If you fail to prohibit smoking, any individual (customers, employees, or others) is entitled to make a complaint about a possible violation to the local health department.

Q. What will the local health department do about complaints?
A. The regulations state that the local health department will investigate complaints. If violations of the law and regulations are found during the investigation, you will be notified by mail, and may receive a letter of reprimand or a fine. You will also be required to correct the violations that are found, and send a letter to the local health department certifying that you have made the corrections.

Q. How much is the fine?
A. There is no monetary fine for the first violation, but you will receive a letter of reprimand. The second violation is $100, the third is $500, and each additional violation is $1,000.

Q. If I own a business, can I apply for a waiver from the Clean Indoor Air Act of 2007?
A. The Act permits applications for waivers under the Act, although all waivers terminate on January 31, 2011, and no waivers can be granted after that time. The Department of Health and Mental Hygiene is currently developing regulations and requirements for the waivers, as well as application forms. No application for waivers will be accepted until the regulations are in place. Information about the regulations and waivers will be regularly added to the Department of Health and Mental Hygiene website.

Q. How do I apply for a waiver?
A. You can download a waiver application from this website (see “Tools for Business”) or get an application from your local health department. Follow all of the instructions on the application, and make sure that the application is complete before submitting the application to your local health department. Once the health department reviews the application and judges it complete, the health department will make a decision on the application within 90 days. Be aware that the waiver application is a public document, and may be reviewed by the Office of the Comptroller in evaluating the financial information you submit.

Q. Can people smoke in my hookah cafe or cigar cantina?
A. Only if it is exempt because it meets the definition of a retail tobacco business, that is, it must be a sole proprietorship, limited liability company, corporation, partnership, or other enterprise, in which: (1) the primary activity is the retail sale of tobacco-containing products and accessories; and (2) the sale of other products is incidental. If the sale of other products such as food and beverage are more than incidental, it would not qualify as exempt under the law and the regulation. If it is not exempt, then you must decide whether to apply for a waiver (bear in mind that waivers are temporary and will not be in effect after January 31, 2011).

A. Yes. Even if it contains a relatively small of amount of tobacco, it is considered a tobacco under the law.

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FAQ’s for Maryland’s Clean Indoor Air Act of 2007