[HISTORY: Adopted as indicated in article histories. Amendments noted where applicable.]
Article I Smoking
Article II Use of Electronic Cigarette Devices
[Adopted by the County Council of Allegheny County 9-26-2006 by Ord. No. 23-06]
Editor's Note: The findings of the Council included in this ordinance are on file in the County offices, as amended 10-24-2006 by Ord. No. 34-06.
For the purposes of this article, the following definitions shall apply:
- COMMON USE AREA
- An area in any building intended for the common use of residents, the public or invited guests.
- DRINKING ESTABLISHMENT
- Any food or beverage establishment whose on-site sales of
food for consumption on the premises comprises no more than 10% of
gross sales of both food, nonalcoholic beverages and alcoholic beverages
on an annual basis and having fewer than 10 employees. For the purposes
of this section, any individual receiving compensation of any type
from the food or beverage establishment for work performed, regardless
of full- or part-time status, salary or hourly pay rate, benefit status,
or any other employment shall be deemed to be an employee of that
establishment.[Added 10-24-2006 by Ord. No. 30-06]
- ENCLOSED AREA
- All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from the floor to the ceiling.
- FOOD FACILITY
- Any enclosed area, stationary or mobile, permanent or temporary, where food is prepared, handled, served, sold or provided to any consumer, whether for consumption on or off of the premises, including lodging establishments, sports or recreational facilities, or theater or performance establishments. Any individual who owns, operates, manages or otherwise controls any of the businesses described in this definition shall be cited as a "food facility" for the purposes of this article.
- FOOD OR BEVERAGE ESTABLISHMENT
- Any restaurant, bar, coffee shop, cafeteria, sandwich stand, diner, fast-food establishment, cafeteria, banquet hall, catering facility, food court, or any other eating or drinking establishment which gives or offers for sale food or drink to the public, guests, or employees whether for consumption on or off the premises, and including any such eating or drinking establishment located in a lodging establishment, sports or recreational facility, or theater or performance establishment.
- LODGING ESTABLISHMENT
- Any hotel, motel, inn, resort, guest house, bed-and-breakfast establishment, or other building which holds itself out by any means, including advertising, license, registration with an innkeepers' group convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging or use of facility space, such as space for food and beverage service or meeting rooms, for consideration to persons seeking temporary accommodation.
- An enclosed means of ingress and egress to any regulated area, used by employees, residents, guests, contractors or the public, up to and including 15 feet in any direction from the outermost point of public contact with such area.
- REGULATED AREA
- Any area where smoking is prohibited under this article.
- Inhaling, exhaling, burning or carrying any lighted cigarette, cigar, pipe or other such device which contains tobacco or other smoke-producing products.
- SPECIALTY TOBACCO ESTABLISHMENT
- An establishment whose on-site sales or rentals of tobacco, tobacco-related products and accessories for consumption or use on or off the premises comprises 85% or more of gross sales on an annual basis, or on such other basis as the Health Department shall provide with respect to such establishments that have been open for less than one full year, and including any tobacco cigar bar operated in conjunction with such establishment. If the establishment is adjoined to or shares a common access that is a regulated area under this article with any business that is not a specialty tobacco establishment, a Health Department approved negative air pressure ventilation system that is entirely separate from any ventilation system used in relation to any other regulated area shall be required for classification as a specialty tobacco establishment. For purposes of computing gross sales data, sales from vending machines shall not be included. For the purposes of this section, a ventilation system shall only be deemed to be approved by the Health Department upon written approval of the system by the Health Department to the owner of the establishment, the holder of the establishment's business license, or the individual in control of the premises.
- SPORTS OR RECREATIONAL FACILITY
- Any enclosed or unenclosed stadium, pavilion, gymnasium, health club, spa, swimming pool, roller or ice rink, bowling alley, boxing arena, billiard parlor, pool hall or other similar place where members of the general public assemble either to engage in physical exercise, participate in recreational activities or athletic competition, or witness sports or other events.
- THEATER OR PERFORMANCE ESTABLISHMENT
- Any enclosed or unenclosed facility primarily used for the exhibition of any motion picture, concert, stage drama, musical recital, dance, lecture or other similar performance.
- TOBACCO-SMOKE-PRODUCING INSTRUMENT
- Any device or configuration designed to facilitate the inhalation of tobacco or other plant material smoke, including factory or hand-rolled cigarettes or cigars, hookahs, and pipes.
- VOLUNTEER ORGANIZATIONS
- Organizations for charitable, civic, fraternal, social, and
religious purposes, including but not limited to volunteer fire departments
and veterans groups for which events are held that only utilize non-paid
volunteers.[Added 10-24-2006 by Ord. No. 31-06]
- Any enclosed area under the control of a public or private employer where one or more employees are routinely assigned and normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias and hallways. A private residence is not a workplace unless it is used as a child-care, adult day-care or health-care facility.
No person shall smoke or possess a lit tobacco-smoke-producing instrument in any of the following locations, except as provided in § 880-2B of this article:
In any enclosed area to which the general public is invited or in which the general public is routinely permitted, including, but not limited to:
Elevators, restrooms, lobbies, reception areas, passageways and other common-use areas;
Retail or wholesale stores;
Service establishments, office buildings, banks or financial institutions;
Food or beverage establishments;
Galleries, libraries and museums;
Any school or educational or vocational facility;
Any licensed gaming facility;
Any County-owned or -leased building or facility;
Any enclosed place at which a public meeting is held by any public agency, during such time as a public meeting is in progress;
Any health-care facility, including, but not limited to, hospitals, clinics, physical therapy facilities, and doctors' offices, and including any private residence used as a health-care facility during those hours it is used as such, and patient transport vehicles owned or leased by the facility;
Any child-care or adult day-care facility, including any private residence used as a child-care or adult day-care facility during those hours it is used as such. In addition, no person shall smoke in a vehicle when such vehicle is being used for the public transportation of children or adults as part of day-care transportation;
Lobbies, hallways, and other common areas in apartment buildings, in condominiums and other multiple-unit residential facilities, or in retirement facilities and nursing homes; and
Lobbies, hallways, and other common areas in lodging establishments and in no less than 75% of the sleeping quarters within a lodging establishment that are available for rent to guests.
In any sports or recreational facility.
In any theater or performance establishment.
In any workplace.
In any place where "No Smoking" signs are posted by order of any individual or agency authorized by law to do so.
Outdoors within five feet of any entrance or in any location that blocks any entrance to any enclosed area in which smoking is prohibited under the terms of this section.
[Amended 11-21-2006 by Ord. No. 36-06]
In any vehicle of public transportation or any fare-paid area of a Port Authority of Allegheny County facility.
In any food facility, as defined in this article.
Exceptions. The provisions § 880-2A shall not apply:
In a specialty tobacco establishment, as defined by this article; provided that such specialty tobacco establishment is in legal operation and has a valid business privilege license.
In designated sleeping quarters within a lodging establishment that are available for rent to guests accounting for no more than 25% of the total number of lodging units within any single lodging establishment, as defined by this article.
In private residences, except when used as a child care, adult day-care, or health-care facility, or when operated as a business or other entity which would otherwise fall within the restrictions of this article.
In drinking establishments opened prior to September 26, 2006, provided that:
[Added 10-24-2006 by Ord. No. 30-06]
The exception provided under the terms of this subsection shall not be available to any drinking establishment during any time at which individuals under the age of 18 years are present within such establishment.
The drinking establishment submits a written waiver application to the Allegheny County Health Department and forwards a copy of the application to the municipal police department(s) with jurisdiction over the location in which the drinking establishment is located. Such application, at a minimum, shall include:
The name of the drinking establishment;
An address and telephone number for the owner(s) of the drinking establishment;
The date upon which the drinking establishment was opened, together with copies of the drinking establishment's two most recent annual federal income tax returns;
A general description of the business conducted at the Drinking Establishment, together with any other documentation that the Department shall deem necessary to demonstrating the Drinking Establishment's annual sales and percentage thereof derived from food, non-alcoholic beverages, and alcoholic beverages; and
The drinking establishment receives a written waiver from the Health Department, as follows:
The Department may require that applications include any information deemed pertinent to the identification of the entity applying for a waiver under the terms of this subsection. The Department may also designate the form of the application and establish written application guidelines. The Department shall issue a written approval or denial of all applications and shall develop a system, policies and procedures for tracking the issuance of all approvals or denials.
The Department may disapprove an application only if it finds that an applicant does not meet one or more of the requirements of this subsection. The Department shall provide written notices of all denials that include the specific reason(s) for which any application was not approved.
The drinking establishment displays the relevant waiver in a prominent location within the establishment at all times, and provides a copy to the municipal police department(s) with jurisdiction over the drinking establishment.
Waivers granted under this subsection shall automatically expire if the drinking establishment to which they apply is moved or sold, or if any alteration is made to the establishment's liquor license or incorporation status.
All waivers granted under this subsection shall automatically expire on January 1, 2009.
In volunteer organizations. This exception shall not apply to any event conducted by an entity that otherwise meets the definition of a "volunteer organization" under the terms of this article if any person under the age of 18 years is permitted access to that event, whether as staff, guest, or in any other capacity.
[Added 10-24-2006 by Ord. No. 31-06]
Editor's Note: Former § 880-2.1, Waiver for certain fund-raising activities, which followed this section, was repealed 10-24-2006 by Ord. No. 31-06.
No later than the effective date of this article, all employers with a workplace that is subject to the provisions of § 880-2A within the County shall adopt, implement, make known and maintain a written policy that prohibits smoking within any area of the workplace subject to the provisions of this article. This requirement shall not apply to any workplace covered by a collective bargaining agreement or similar binding agreement between labor and management that includes provisions regarding smoking in the workplace, so long as such agreement is executed and in force on the effective date of this article.
An employer's written smoke-free policy shall be communicated to all employees within 30 days after its adoption, and an employer shall provide a copy of the written policy upon request to any employee or prospective employee.
The owner, operator, manager, employer or other person in control or lessor of every place where smoking is regulated by this article shall not be cited for any violations of this article if the following actions are taken:
Post "No Smoking" signs and other signs relating to smoking on the premises, including all entranceways, as follows:
Such signs shall be no less than six inches high, with lettering no less than four inches high. A symbol consisting of a circle with a lit cigarette and a line diagonally through its center will be deemed to satisfy this requirement, so long as the sign is at least six inches in height and the symbol is at least four inches in height.
Signs posted at entry and exit doors shall include the language "No Smoking within 15 feet of this sign."
Take reasonable measures to see to it that no person smokes in such place in violation of this article, which, at a minimum, must include all of the following which apply in the regulated area at issue:
Removing all ashtrays from regulated areas;
Informing any individual smoking in a regulated area that smoking is prohibited by law in that area and requesting that the individual(s) immediately stop smoking or leave the regulated area; and
Providing written notice to lessees of the asserted violation of this article and the potential penalties for such violation in every instance in which complaints are received about smoking in regulated areas within two business days of receipt of the complaint.
This article shall be enforced by the Allegheny County Health Department and by any municipality's law enforcement agency, once such agency is designated for enforcement of this article by the Health Department. Citizen complaints regarding unlawful smoking in regulated areas shall be received on the Allegheny County Health Department's complaint system telephone line. The Department shall record and retain complaint information, and local law enforcement agencies shall transmit reports of all enforcement actions to the Department for the purpose of identifying repeat offenders and calculating fines or imposing other penalties under the terms of this article.
For the first 180 days in which this article is effective, all individuals and owners, individuals in control of, or business license holders for businesses or other establishments subject to the provisions of this article shall receive a warning for their first violation of the terms of this article and a fine of $250 for subsequent violations. After the first 180 days in which this article is effective, all individuals and owners, individuals in control of, or business license holders for businesses or other establishments subject to the provisions of this article shall be fined the sum of $250 for each violation of the terms of this article, subject to the limitations contained within § 880-4.
Upon a third violation by a business or other establishment, the Health Department may also suspend any licenses or other permits that the business or other establishment has been granted by the Department for a period not to exceed 180 days, pending a review of the procedures implemented by the business, the creation of a corrective action plan by the business, and approval of the corrective action plan by the Department. For the purposes of this subsection, each lighted cigarette, cigar, pipe or other such device which contains tobacco or other smoke-producing products ignited or carried shall constitute a single violation.
Nothing in this article shall be construed to create any private right of action for enforcement of its provisions or to authorize any person to file suit to recover damages or seek equitable relief for any violation of the terms of this section.
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant or customer exercises any rights afforded by this article or reports or attempts to otherwise prosecute a violation of this article.
No person, employer or other entity shall in any manner retaliate against any individual who performs work on a voluntary basis because that individual exercises a right afforded by this article or reports or attempts to otherwise prosecute a violation of this article.
Any employee or volunteer who performs work in a setting where an employer allows smoking does not, in so doing, waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
[Added 10-24-2006 by Ord. No. 33-06]
No sooner than 18 months nor later than two years after the effective date of this article, a review and analysis shall be conducted to determine the economic and health impacts of this article.
[Adopted by the Board of Health 11-2-2016, ratified by the County Council 3-7-2017 by Ord. No. 07-17]
For the purposes of this article, the following definitions shall apply:
- The Allegheny County Health Department.
- The Director of the Allegheny County Health Department or the Director's authorized representative.
- Any electronic oral device, such as one composed of a heating element, battery or electronic circuit, which provides a vapor of nicotine or any other substances and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar or e-pipe or under any other product name or descriptor.
- ENCLOSED AREA
- All space between a floor and a ceiling that is bounded on at least two sides by walls, doorways or windows, either open or closed. A wall includes any retractable divider, garage door or other physical barrier, whether temporary or permanent and whether or not containing openings of any kinds.
- PUBLIC PLACE
- An enclosed area which serves as a workplace, commercial establishment or an area where the public is invited or permitted. The term includes:
- (1) A facility which provides education, food or health-care-related services.
- (2) A vehicle used for mass transportation. This paragraph includes a train, subway, bus, including a chartered bus, plane, taxicab and limousine.
- (3) A train station, subway station or bus station.
- (4) A public facility. This definition includes a facility to which the public is invited or in which the public is permitted and a private home which provides child-care or adult day-care services.
- (5) A sports or recreational facility, theater or performance establishment.
- SPECIALTY E-CIGARETTE ESTABLISHMENT
- A business establishment whose sales of e-cigarettes and e-cigarette-related products comprise at least 50% of the gross annual sales. E-cigarette-related products include atomizers, cartomizers, clearomizers, vaporizers, batteries, replacement cartridges, coils, e-liquids, tank systems, flavors, and programmable software.
The terms "cigar bar," "drinking establishment," "full-service truck stop," "gaming floor," "night club," "private club," "public meeting," "tobacco shop," "volunteer ambulance service," "volunteer fire company," "volunteer rescue company," and "workplace" shall be as defined in Section 2 of the Act of June 13, 2008 (P.L. 182, No. 27), known as the Clean Indoor Air Act.
Editor's Note: See 35 P.S. § 637.1 et seq.
General rule. Except as set forth under Subsection B of this section, no person shall use an e-cigarette in a public place. The use of an e-cigarette includes consuming, inhaling or exhaling an e-cigarette. Nothing in this article shall preclude the owner of a public or private property from prohibiting the use of e-cigarettes on the property.
Exceptions. Subsection A of this section shall not apply to any of the following:
Any public place that qualifies for an exception under Section 3 of the Act of June 13, 2008 (P.L. 182, No. 27), known as the Clean Indoor Air Act.
A specialty e-cigarette establishment that satisfies all of the following requirements:
Vapors from the specialty e-cigarette establishment do not migrate into an enclosed area where e-cigarette use is prohibited under this article.
The specialty e-cigarette establishment does not sell or serve food for consumption on the premises by customers.
The specialty e-cigarette establishment does not allow individuals under 18 years of age to enter the premises.
This article shall be enforced by the Department or any other person authorized by the Director to enforce this article. Citizen complaints regarding unlawful use of e-cigarettes in regulated areas shall be received through either the Department's complaint system telephone line or the Department's website.
Any city, borough, or township in Allegheny County may enforce the provisions of this article and the standards adopted by the Department so far as such enforcement does not interfere with enforcement and administration by the Department.
Violations. It is a violation of this article to do any of the following:
The owner, operator, or manager of a public place where e-cigarette use is regulated by this article shall not be cited for violations of Subsection A or B of this section if the following actions are taken:
When the violation occurred, the actual control of the public place was not exercised by the owner, operator or manager but by a lessee.
The owner, operator or manager made a good-faith effort to prohibit e-cigarette use.
The owner, operator, or manager of a specialty e-cigarette establishment shall not be cited for a violation of Subsection B(3) if the following actions are taken:
The specialty e-cigarette establishment prominently posts signs prohibiting individuals under 18 years of age from entering; and
Upon learning that an individual under 18 years of age has entered the premises, the specialty e-cigarette establishment requests that the individual(s) immediately leave the premises.
A person who violates Subsection B commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $250.
Separate offenses. For the purpose of this section, violations on separate days shall be considered separate offenses. Each violation of any separate subsection or section of this article shall constitute a separate offense.
A specialty e-cigarette establishment that violates any provision of this article shall produce, at the request of the Department, verifiable documentation to support its qualification as a specialty e-cigarette establishment. The supporting documentation may include the establishment's books, accounts, revenues or receipts, including those reported to the Department of Revenue for sales tax purposes.