Prohibition of smoking at places of employment
Iowa statues defines smoking as follows:
"Smoking" means inhaling, exhaling, burning, or carrying any
lighted cigar, cigarette, pipe, or other tobacco product in any manner or
in any form. "Smoking" does not include smoking that is associated with a
recognized religious ceremony, ritual, or activity, including but not
limited to burning of incense.
In Iowa, smoking is prohibited in all public places and all enclosed areas within places of employment. If an employer wishes to provide a smoking area for employees, it must be outdoors and not in an area prohibited by the Act. Most parking lots will be acceptable, but an employer wishing to establish such an area should consult with their attorney to ensure their parking lot or outdoor area qualifies. Employers have the option to prohibit smoking on any property under their control, including parking lots.
SMOKEFREE AIR ACT-Iowa Code § 142D.3
Prohibition of smoking - public places, places of employment, and outdoor areas.
1. Smoking is prohibited and a person shall not smoke in any of the following:
a. Public places.
b. All enclosed areas within places of employment including but not limited to work areas, private offices, conference and meeting rooms, classrooms, auditoriums, employee lounges and cafeterias, hallways, medical facilities, restrooms, elevators, stairways and stairwells, and vehicles owned, leased, or provided by the employer unless otherwise provided under this chapter.
2. In addition to the prohibitions specified in subsection 1, smoking is prohibited and a person shall not smoke in or on any of the following outdoor areas:
a. The seating areas of outdoor sports arenas, stadiums, amphitheaters, and other entertainment venues where members of the general public assemble to witness entertainment events.
b. Outdoor seating or serving areas of restaurants.
c. Public transit stations, platforms, and shelters under the authority of the state or its political subdivisions.
d. School grounds, including parking lots, athletic fields, playgrounds, tennis courts, and any other outdoor area under the control of a public or private educational facility, including inside any vehicle located on such school grounds.
e. The grounds of any public buildings owned, leased, or operated by or under the control of the state government or its political subdivisions, including the grounds of a private residence of any state employee any portion of which is open to the public with the following exceptions:
(1) This paragraph shall not apply to the Iowa state fairgrounds, or fairgrounds as defined in section 174.1.
(2) This paragraph shall not apply to institutions administered by the department of corrections, except that smoking on the grounds shall be limited to designated smoking areas.
(3) This paragraph shall not apply to facilities of the Iowa national guard as defined in section 29A.1, except that smoking on the grounds shall be limited to designated smoking areas.
Iowa Code § 142D.4. Areas where smoking not regulated.
Notwithstanding any provision of this chapter to the contrary, the following areas are exempt from the prohibitions of section 142D.3:
1. Private residences, unless used as a child care facility, child care home, or a health care provider location.
2. Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided that not more than twenty percent of the rooms of a hotel or motel rented to guests are designated as smoking rooms, all smoking rooms on the same floor are contiguous, and smoke from smoking rooms does not infiltrate into areas in which smoking is otherwise prohibited under this chapter. The status of smoking and nonsmoking rooms shall not be changed, except to provide additional nonsmoking rooms.
3. Retail tobacco stores, provided that smoke from these locations does not infiltrate into areas in which smoking is otherwise prohibited under this chapter.
4. Private and semiprivate rooms in long-term care facilities, occupied by one or more individuals, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted, provided that smoke from these locations does not infiltrate into areas in which smoking is otherwise prohibited under this chapter.
5. Private clubs that have no employees, except when being used for a function to which the general public is invited, provided that smoke from these locations does not infiltrate into areas in which smoking is otherwise prohibited under this chapter. This exemption shall not apply to any entity that is established for the purpose of avoiding compliance with this chapter.
6. Outdoor areas that are places of employment except those areas where smoking is prohibited pursuant to section 142D.3, subsection 2.
7. Limousines under private hire; vehicles owned, leased, or provided by a private employer that are for the sole use of the driver and are not used by more than one person in the course of employment either as a driver or passenger; privately owned vehicles not otherwise defined as a place of employment or public place; and cabs of motor trucks or truck tractors if no nonsmoking employees are present.
8. An enclosed area within a place of employment or public place that provides a smoking cessation program or a medical or scientific research or therapy program, if smoking is an integral part of the program.
9. Farm tractors, farm trucks, and implements of husbandry when being used for their intended purposes.
10. Only the gaming floor of a premises licensed pursuant to chapter 99F exclusive of any bar or restaurant located within the gaming floor which is an enclosed area and subject to the prohibitions of section 142D.3.
11. The Iowa veterans home.
Iowa Code § 142D.5. Declaration of area as nonsmoking.
1. Notwithstanding any provision of this chapter to the contrary, an owner, operator, manager, or other person having custody or control of an area otherwise exempt from the prohibitions of section 142D.3 may declare the entire area as a nonsmoking place.
2. Smoking shall be prohibited in any location of an area declared a nonsmoking place under this section if a sign is posted conforming to the provisions of section 142D.6.