Last updated: September 17, 2019
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
The law prohibits the use of tobacco products in public places and public transportation but exempts four areas: (1) private homes “where no public business is transacted,” (2) personal vehicles “when used for private purposes [and] no minor is in the vehicle,” (3) “outdoors in predominantly or substantially open areas,” and (4) “specially designated areas” in public places that meet specific requirements.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, indoor public places, and public transport.
All indoor public places
The law prohibits the use of tobacco products in public places and public transportation but exempts four areas: (1) private homes “where no public business is transacted,” (2) personal vehicles “when used for private purposes [and] no minor is in the vehicle,” (3) “outdoors in predominantly or substantially open areas,” and (4) “specially designated areas” in public places that meet specific requirements.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, indoor public places, and public transport.
All public transport
The law prohibits the use of tobacco products in public places and public transportation but exempts four areas: (1) private homes “where no public business is transacted,” (2) personal vehicles “when used for private purposes [and] no minor is in the vehicle,” (3) “outdoors in predominantly or substantially open areas,” and (4) “specially designated areas” in public places that meet specific requirements. Because “public place” is defined to include public transport, the law is interpreted as permitting designated smoking areas on means of public transport.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, indoor public places, and public transport.
Government facilities
While government facilities are not specifically addressed, the law prohibits the use of tobacco products in “public places,” but exempts, among other areas, “outdoors in predominantly or substantially open areas” and “specially designated areas” that meet specific requirements. “Public places” is interpreted to include government facilities, but the exemptions permit smoking in certain areas. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including government facilities.
Private offices
The law prohibits the use of tobacco products in “public places,” including “private offices … intended for public use,” but exempts, among other areas, private homes “where no public business is transacted” and “specially designated areas” that meet specific requirements. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, including private offices.
Hospitals
The law prohibits the use of tobacco products in “public places,” including “medical service institutions,” but exempts, among other areas, “outdoors in predominantly or substantially open areas” and “specially designated areas” that meet specific requirements. “Medical service institutions” include hospitals, but the exemptions permit smoking in certain areas. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including hospitals.
Residential healthcare facilities - public areas
The law prohibits the use of tobacco products in “public places,” including “medical service institutions,” but exempts, among other areas, private homes “where no public business is transacted”; “outdoors in predominantly or substantially open areas”; and “specially designated areas” that meet specific requirements. “Medical service institutions” is interpreted to include residential healthcare facilities, but the exemptions permit smoking in certain areas. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including public areas of residential healthcare facilities.
Non-residential healthcare facilities
The law prohibits the use of tobacco products in “public places,” including “medical service institutions,” but exempts, among other areas, “outdoors in predominantly or substantially open areas” and “specially designated areas” that meet specific requirements. “Medical service institutions” include non-residential healthcare facilities, but the exemptions permit smoking in certain areas. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including non-residential healthcare facilities.
Childcare facilities/preschools
The law prohibits the use of tobacco products in “public places,” including “educational institutions,” but exempts four areas: (1) private homes “where no public business is transacted,” (2) personal vehicles “when used for private purposes [and] no minor is in the vehicle,” (3) “outdoors in predominantly or substantially open areas,” and (4) “specially designated areas” that meet specific requirements. “Educational institutions” include childcare facilities/preschools, but the exemptions permit smoking in certain areas. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including childcare facilities/preschool.
Primary and secondary schools
The law prohibits the use of tobacco products in “public places,” including “educational institutions,” but exempts four areas: (1) private homes “where no public business is transacted,” (2) personal vehicles “when used for private purposes [and] no minor is in the vehicle,” (3) “outdoors in predominantly or substantially open areas,” and (4) “specially designated areas” that meet specific requirements. “Educational institutions” include primary and secondary schools, but the exemptions permit smoking in certain areas. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including primary and secondary schools.
Universities/vocational facilities
The law prohibits the use of tobacco products in “public places,” including “educational institutions,” but exempts, among other areas, “outdoors in predominantly or substantially open areas” and “specially designated areas” that meet specific requirements. “Educational institutions” include universities/vocational facilities, but the exemptions permit smoking in certain areas. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including universities/vocational facilities.
Shops
The law prohibits the use of tobacco products in “public places,” including commercial wholesale and retail outlets, but exempts, among other areas, “outdoors in predominantly or substantially open areas” and “specially designated areas” that meet specific requirements. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including shops.
Cultural facilities
The law prohibits the use of tobacco products in “public places,” including “public movie halls, theatres, video clubs, and other recreational facilities and private facilities intended for public use” and “… entertainment facilities that provide service to the public,” but exempts, among other areas, “outdoors in predominantly or substantially open areas” and “specially designated areas” that meet specific requirements. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including cultural facilities.
Indoor stadium/arenas
The law prohibits the use of tobacco products in “public places,” including “public sporting facilities and recreational centers and private facilities and centers intended for public use” and “… entertainment facilities that provide service to the public,” but exempts, among other areas, “outdoors in predominantly or substantially open areas” and “specially designated areas” that meet specific requirements. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including indoor stadiums/arenas.
Restaurants
The law prohibits the use of tobacco products in “public places,” including restaurants and food preparation centers, but exempts, among other areas, “outdoors in predominantly or substantially open areas” and “specially designated areas” that meet specific requirements. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including restaurants.
Bars/pubs/nightclubs
While bars/pubs/nightclubs are not specifically addressed, the law prohibits the use of tobacco products in “public places,” including “… entertainment facilities that provide service to the public,” but exempts, among other areas, “outdoors in predominantly or substantially open areas” and “specially designated areas” that meet specific requirements. “Public places” is interpreted to include bars/pubs/nightclubs, but the exemptions permit smoking in certain areas. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including bars/pubs/nightclubs.
Casinos
While casinos are not specifically addressed, the law prohibits the use of tobacco products in “public places,” including “… entertainment facilities that provide service to the public,” but exempts, among other areas, “outdoors in predominantly or substantially open areas” and “specially designated areas” that meet specific requirements. “Public places” is interpreted to include casinos, but the exemptions permit smoking in certain areas. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including casinos.
Hotels/lodging - public areas
The law prohibits the use of tobacco products in “public places,” including “hotels, motels, lodges, and other public commercial dwelling facilities,” but exempts, among other areas, “outdoors in predominantly or substantially open areas” and “specially designated areas” that meet specific requirements. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including public areas of hotels/lodgings.
Hotels/lodgings - guest rooms
The law prohibits the use of tobacco products in “public places,” including “hotels, motels, lodges, and other public commercial dwelling facilities,” but exempts, among other areas, “outdoors in predominantly or substantially open areas” and “specially designated areas” that meet specific requirements. Hotel/lodging guest rooms are not specifically addressed; therefore, the regulatory status code “Uncertain” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including guest rooms for hotels/lodging.
Prisons/detention facilities - public areas
The law prohibits the use of tobacco products in “public places,” including “security detention and correction institutions,” but exempts, among other areas, “outdoors in predominantly or substantially open areas” and “specially designated areas” that meet specific requirements. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including public areas of prison/detention facilities.
Trains, buses and other shared ground transportation other than taxis
The law prohibits the use of tobacco products in “public places” and “public transportation” but exempts, among other areas, personal vehicles “when used for private purposes [and] no minor is in the vehicle”; “outdoors in predominantly or substantially open areas”; and “specially designated areas” in public places that meet specific requirements. Because “public place” is defined to include public transport, the law is interpreted as permitting designated smoking areas on means of public transport. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking on all means of shared ground transportation, including trains, buses, and other shared ground transportation.
Taxis (for-hire vehicle)
The law prohibits the use of tobacco products in “public places” and “public transportation” but exempts, among other areas, personal vehicles “when used for private purposes [and] no minor is in the vehicle”; “outdoors in predominantly or substantially open areas”; and “specially designated areas” in public places that meet specific requirements. Because “public place” is defined to include public transport, the law is interpreted as permitting designated smoking areas on means of public transport. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking on all means of shared ground transportation, including taxis.
Commercial aircraft
The law prohibits the use of tobacco products in “public places” and “public transportation” but exempts, among other areas, personal vehicles “when used for private purposes [and] no minor is in the vehicle”; “outdoors in predominantly or substantially open areas”; and “specially designated areas” in public places that meet specific requirements. Because “public place” is defined to include public transport, the law is interpreted as permitting designated smoking areas on means of public transport. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking on all means of public transportation, including commercial aircraft.
Commercial watercraft
The law prohibits the use of tobacco products in “public places” and “public transportation” but exempts, among other areas, personal vehicles “when used for private purposes [and] no minor is in the vehicle”; “outdoors in predominantly or substantially open areas”; and “specially designated areas” in public places that meet specific requirements. Because “public place” is defined to include public transport, the law is interpreted as permitting designated smoking areas on means of public transport. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking on all means of public transportation, including commercial watercraft.
Public transport facilities (waiting areas for mass transit)
The law prohibits the use of tobacco products in “public places” and “public transportation,” including “related facilities” and “waiting rooms, alleys, hallways, transit centers, air and sea ports terminals, train stations and bus stop terminals,” but exempts, among other areas, personal vehicles “when used for private purposes [and] no minor is in the vehicle”; “outdoors in predominantly or substantially open areas”; and “specially designated areas” that meet specific requirements. Thus, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and public places, including public transport facilities.