Do our churches need to post a No Smoking Sign since this law has recently passed in Ohio?
Full Question:
Answer:
While there are some unresolved constitutional church/state issues, we
recommend that the churches follow the law. Below is a brief explanation of
the law.
Ohio voters passed Issue 5 on Nov. 7, 2006, creating Ohio’s indoor
smoking ban under a new chapter of the Ohio Revised Code (ORC) effective
Dec. 7, 2006. This new law requires “public places” and “places of
employment” prohibit smoking as of that date. These businesses and
organizations must also post “No Smoking” signs that contain the telephone
number 1-866-559-OHIO (6446) for reporting violations; and remove
ashtrays and other smoking receptacles.
To implement and enforce this new law, the Director of Health will adopt
rules focusing on enforcement authority and procedures. While ORC Chapter
3794 became effective Dec. 7, 2006, the director of health then has six
months, or until June 7, 2007, to adopt rules.
In order to help affected entities towards complying with the new law during
the rule-making process, ODH provides the following interim guidance:
a. Prohibit smoking in any “public place” or “place of employment." For
definitions of a “public place” and “place of employment,” please see the
statute printed out below.
b. All “public places” and “places of employment” must post conspicuous
signs at each entrance. The signs must be clearly legible and shall contain a
toll-free number for reporting violations. ODH has designed two sample
signs which, when properly placed, meet the requirements of ORC 3794.06
All “public places” and “places of employment” must remove all ashtrays
and other smoking receptacles, pursuant to ORC 3794.06(B).
In other words, affected entities must 1) prohibit smoking; 2) post “No
Smoking” signs including the telephone number 1-866-559-OHIO (6446) for
reporting of violations; and 3) remove all ashtrays and other smoking
receptacles.
3794.01 Definitions.
As used in this chapter:
(A) “Smoking” means inhaling, exhaling, burning, or carrying any lighted
cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or
any other plant. “Smoking” does not include the burning of incense in a
religious ceremony.
(B) “Public place” means an enclosed area to which the public is invited or in
which the public is permitted and that is not a private residence.
(C) “Place of employment” means an enclosed area under the direct or
indirect control of an employer that the employer’s employees use for work
or any other purpose, including but not limited to, offices, meeting rooms,
sales, production and storage areas, restrooms, stairways, hallways,
warehouses, garages, and vehicles. An enclosed area as described herein is
a place of employment without regard to the time of day or the presence of
employees.
(D) “Employee” means a person who is employed by an employer, or who
contracts with an employer or third person to perform services for an
employer, or who otherwise performs services for an employer for
compensation or for no compensation.
(E) “Employer” means the state or any individual, business, association,
political subdivision, or other public or private entity, including a nonprofit
entity, that employs or contracts for or accepts the provision of services
from one or more employees.
(F) “Enclosed Area” means an area with a roof or other overhead covering
of any kind and walls or side coverings of any kind, regardless of the
presence of openings for ingress and egress, on all sides or on all sides but
one.
(G) “Proprietor” means an employer, owner, manager, operator, liquor
permit holder, or person in charge or control of a public place or place of
employment.
(H) “Retail tobacco store” means a retail establishment that derives more
than eighty percent of its gross revenue from the sale of cigars, cigarettes,
pipes, or other smoking devices for burning tobacco and related smoking
accessories and in which the sale of other products is merely
incidental. “Retail tobacco store” does not include a tobacco department or
section of a larger commercial establishment or of any establishment with a
liquor permit or of any restaurant.
(I) “Outdoor patio” means an area that is either: enclosed by a roof or
other overhead covering and walls or side coverings on not more than two
sides; or has no roof or other overhead covering regardless of the number
of walls or other side coverings.
