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December 03, 2020
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Oregon’s Indoor Clean Air Act (ICAA)
Jackson County, Oregon
/ Categories: Tobacco Prevention

Oregon’s Indoor Clean Air Act (ICAA)

Also known as the Oregon Smoke-free Workplace Law, the ICAA protects nearly every Oregonian from the health risks of secondhand smoke. The ICAA creates smoke-free public places and places of employment with the intent of protecting the health of employees and the public. The ICAA requires nearly all indoor workplaces to be completely smoke and vapor free. The ICAA applies to smoking, vaporizing and aerosolizing of inhalants in and around public places and places of employment. Inhalant delivery systems are devices that make nicotine, cannabinoids and other substances into a vapor or aerosol. These include e-cigarettes, vape pens, e-hookah and other devices.

Statute and Administrative Rules for the Law:

Oregon Revised Statutes [433.835 to 433.990]

Oregon Administrative Rules [333-015-0025 to 333-015-0090]  

The Facts:

  • Smoking, vaping, and aerosolizing of inhalants are not allowed within 10 feet of all entrances (including stairs), exits (including stairs), and accessibility ramps that lead to and from an entrance or exit, windows that open, and air-intake vents.
  • The law applies to workplaces, restaurants, bars and other indoor public places in Oregon.
  • As of January 1, 2016, there are no exemptions for electronic cigarette retail outlets, smoke shops, bars or other venues.[i]

I Own a Business. How Can I Comply with the Indoor Clean Air Act (ICAA)?

  • Businesses that sell tobacco products and inhalant delivery systems must post signs prohibiting sales of these products to persons under the age of 21.
  • Post "No Smoking or Vaping within 10 feet" signs at each entrance and exit providing notice that smoking and vaping is prohibited within 10 feet of all entrances, exits, accessibility ramps, windows, and air-intake vents.
  • Remove all ashtrays and other receptacles for smoking debris from your workplace and from within 10 feet of entrances, exits, accessibility ramps that lead to and from an entrance or exit windows, and ventilation intakes.
  • Mark as non-smoking/aerosolizing/vaporizing outdoor seating and dining areas that are within 10 feet of entrances, exits and accessibility ramps that lead to and from an entrance or exit, windows that open and ventilation intakes. 
  • Remove all ashtrays and other receptacles for smoking debris from your workplace and from within 10 feet of entrances, exits, accessibility ramps that lead to and from an entrance or exit windows, and ventilation intakes.
  • Businesses are not required to allow smoking on the premises. At any time, an owner may designate the entire business premises tobacco-free or smoke-free.

For more information about the law and your business, visit the Oregon Health Authority’s website here: For Businesses: FAQ

If your business needs new signs, you may contact your local TPEP Coordinator or print your own signs.

How is the ICAA Enforced?

The Oregon Health Authority (OHA) is responsible for enforcing the ICAA. On behalf of OHA, Local Public Health Authorities conduct educational and remediation activities with businesses. The ICAA is a complaint-driven law. That means that enforcement activities only take place as a result of a complaint from a member of the public, including employees of the business.[ii]

How Do I Report a Violation of the ICAA?

If you observe a possible violation of the law, you can report it to the Oregon Public Health Division for investigation and further action. Complaints must indicate a violation of the ICAA.

Employees and the public may report violations of the law by completing an online complaint form or by calling 1-866-621-6107.
REPORT A VIOLATION

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