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Ohio Smoking Ban Frequently Asked Questions

How do I file a complaint?


By phone: 1-866-559-OHIO (6446) [Smoking Ban Enforcement Line]

By e-mail: NoSmoke@odh.ohio.gov

How long has Ohio had a smoking ban?

Voters approved the indoor smoking ban in November 2006, making Ohio the first Midwestern state and the first tobacco-growing state to enact such a ban.

Who is affected?

ODH estimates there are some 280,000 public places and places of employment in the State that are covered by the ban. Anyone who visits or works in these places should no longer be exposed to secondhand smoke.

Are any places exempt from the ban?

Under certain conditions, private residences; family-owned businesses without non-family employees; certain areas of nursing homes; outdoor patios; and some retail tobacco stores are exempt.

 

What are the penalties for violating the smoking ban?

Businesses: Warning letter, first violation; $100, second violation; $500, third violation; $1,000, fourth violation; and $2,500, fifth and subsequent violations. Note: fines may be doubled for intentional violations at the discretion of the enforcement entity and may be assessed on a daily basis for continuing violations.

Individuals: Warning letter; first violation; $100, second and subsequent violations.

Retaliation against Complainant: Warning letter, first violation; $1,000, second violation; $2,500 third and subsequent violations.

What are their proprietors’ obligations under the smoking ban?

They are essentially threefold: prohibit smoking, remove ashtrays and post no-smoking signs with the toll-free enforcement number – 1-866-559-OHIO (6446).
 

§         Prohibit smoking in any “public place” or “place of employment." For definitions of a “public place” and “place of employment,” please follow this link to ORC 3794.01 Definitions.ORC 3794.01 Definitions

 

§         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 (A) Posting of Signs.

 

 

Please note: These are not the only signs that meet the statute, but are sample signs that, when properly placed, meet the requirements.

 

Follow this link for a pdf of a sample color sign (8.5 x 11 inches).
Follow this link for a pdf of a sample color sign (5.5 x 8.5 inches).

Follow this link for a pdf of a sample black and white sign (8.5 x 11).

 

Follow this link for a high resolution vector (.eps) sample of a color sign (8.5 x 11).

Follow this link for an editable sample of a color sign in Quark XPress (8.5 x 11).

Follow this link for an editable sample of a color sign in Adobe Illustrator (8.5 x 11).

 

Follow this link for a pdf of a sample 4x6 color sign or a sample 4x6 black and white sign that meet the requirements currently proposed in the draft rules. 

 

Follow this link for a high resolution vector (.eps) sample of a color sign (4x6).

Follow this link for an editable sample of a color sign in Quark XPress (4x6).

 

Please note: If the no smoking symbol ( no smoking symbol ) is used, it must, in accordance with ORC 3794.06A be printed in color.

§         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.

Revised 12/24/08