SMOKE FREE OHIO
On Nov. 7, 2006, Ohio voters passed Issue 5, creating Ohio’s new smoking ban under a new Chapter of the Ohio Revised Code (ORC). This new law requires public places and workplaces be smoke free as of Dec. 7, 2006. It also required the director of health to adopt rules focusing on education of the public and businesses as well as designation of enforcement authority and enforcement procedures. The director of health then had six months, to adopt rules. Rules have been adopted and enforcement began May 3, 2007, one month before the mandated enforcement date of June 7, 2007.
The major requirements of the statute include:
§ Prohibiting smoking in any public place or place of employment.
§ Posting conspicuous signs in every public place and place of employment where smoking is prohibited, including at each entrance. The statute requires these signs to say “No Smoking” or have the “No Smoking” international symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). The signs must be clearly legible and shall contain the toll free number [1-866-559-OHIO (6446)] for reporting violations. Downloadable versions of acceptable signs are posted on the ODH main Web site at www.odh.ohio.gov.
§ Removing all ash trays and other receptacles used for disposing of smoking materials from any area where smoking is prohibited by the statute.
ODH wrote the enforcement rules in collaboration with an advisory committee made up of 34 representatives from 27 statewide oraganizations and in recognition of some 55,000 public comments received either in person, at public hearings, in writing or via telephone and e-mail.
Because of an April 30 temporary restraining order, Ohio's private clubs will be subject to the smoking ban until at least May 14th, when a hearing is scheduled in Columbus.
Terrence Holman, DVM, RS, Health Commissioner at the Darke County Health Department stated, “Alleged violations have already started to be forwarded to the Darke County Health Department from the Ohio Department of Health. We will be investigating these complaints and all complaints we receive at the Health Department. We at the Darke County Health Department will do our best to help educate businesses. We understand the importance the voters have placed on this issue and on protecting their health.”
Businesses cited under the law are subject to a warning letter for the first violation and fines of $100 (second violation), $500 (third), $1500 (fourth) and $2500 (fifth and subsequent violations). Individuals are subject to a warning letter for a first violation and $100 for second and subsequent violations. Upon a final finding of violation, each day that specific violation continues shall constitute a separate violation. The total penalty assessment for the separate violation is calculated as the product of the number of days the proprietor or individual remained in violation after the final finding of a violation multiplied by the applicable penalty amount. Fines shall be doubled for intentional violations. Businesses and individuals cited under the law have the right to appeal.
ODH has established two toll free lines regarding this new law. For enforcement related questions or for reporting violations, please call ODH’s Toll-free enforcement line at 1-866-559-OHIO (6446). For general information concerning the law or for non-enforcement related questions, please call ODH’s Toll-free information line at 1-866-ODH (634)-7654.
Page Last Updated: 5/7/2007