Is there a federal law which prohibits smoking within 30 feet of an entrance to federal buildings?
If such a guideline does exist, does it pertain to only federal buildings, such as federal courthouses and HUD facilities, or does this guideline pertain to all buildings? And, can a court injunction be sought to enforce this guideline?
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Smoking
§ 102-74.315 What is the smoking policy for Federal facilities?
Pursuant to Executive Order 13058, “Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace” (3 CFR, 1997 Comp., p. 216), it is the policy of the Executive branch to establish a smoke-free environment for Federal employees and members of the public visiting or using Federal facilities. The smoking of tobacco products is prohibited in all interior space owned, rented or leased by the Executive branch of the Federal Government, and in any outdoor areas under Executive branch control in front of air intake ducts.
§ 102-74.320 Are there any exceptions to this smoking policy for Federal facilities?
Yes, this smoking policy does not apply in—
(a) Designated smoking areas that are enclosed and exhausted directly to the outside and away from air intake ducts, and are maintained under negative pressure (with respect to surrounding spaces) sufficient to contain tobacco smoke within the designated area. Agency officials must not require workers to enter such areas during business hours while smoking is ongoing;
(b) Any residential accommodation for persons voluntarily or involuntarily residing, on a temporary or long-term basis, in a building owned, leased or rented by the Federal Government;
(c) Portions of Federally owned buildings leased, rented or otherwise provided in their entirety to non-Federal parties;
(d) Places of employment in the private sector or in other non-Federal governmental units that serve as the permanent or intermittent duty station of one or more Federal employees; and
(e) Instances where an agency head establishes limited and narrow exceptions that are necessary to accomplish agency missions. Such exceptions must be in writing, approved by the agency head, and to the fullest extent possible provide protection of nonsmokers from exposure to environmental tobacco smoke. Authority to establish such exceptions may not be delegated.
§ 102-74.325 Who has the responsibility to determine which areas are to be smoking and which areas are to be nonsmoking areas?
Agency heads have the responsibility to determine which areas are to be smoking and which areas are to be nonsmoking areas. In exercising this responsibility, agency heads will give appropriate consideration to the views of the employees affected and/or their representatives and are to take into consideration the health issues involved. Nothing in this section precludes an agency from establishing more stringent guidelines. Agencies in multi-tenant buildings are encouraged to work together to identify designated smoking areas.
§ 102-74.330 Who must evaluate the need to restrict smoking at doorways and in courtyards?
Agency heads must evaluate the need to restrict smoking at doorways and in courtyards under Executive branch control to protect workers and visitors from environmental tobacco smoke, and may restrict smoking in these areas in light of this evaluation.
§ 102-74.335 Who is responsible for monitoring and controlling areas designated for smoking and for identifying these areas with proper signage?
Agency heads are responsible for monitoring and controlling areas designated for smoking and identifying these areas with proper signage. Suitable uniform signs reading “Designated Smoking Area” must be furnished and installed by the occupant agency.
§ 102-74.340 Who is responsible for signs on or near building entrance doors?
Federal agency buildings managers must furnish and install suitable, uniform signs reading “No Smoking Except in Designated Areas” on or near entrance doors of buildings subject to this section. It is not necessary to display a sign in every room of each building.
§ 102-74.345 Does the smoking policy in this part apply to the Judicial branch?
This smoking policy applies to the Judicial branch when it occupies space in buildings controlled by the Executive branch. Furthermore, the Federal Chief Judge in a local jurisdiction may be deemed to be comparable to an agency head and may establish exceptions for Federal jurors and others as indicated in §102–74.320(e).
§ 102-74.350 Are agencies required to meet their obligations under the Federal Service Labor-Management Relations Act where there is an exclusive representative for the employees prior to implementing this smoking policy?
Yes. Where there is an exclusive representative for the employees, Federal agencies must meet their obligations under the Federal Service Labor-Management Relations Act (5 U.S.C. 7101 et seq. ) prior to implementing this section. In all other cases, agencies may consult directly with employees.
It for everywhere in public area.
Not sure on a national level but i know in utah they ahve the clean air act which is like 25 feet from all public entrances.
most likely, i cant be too sure though. most buildings make their own rules about this and the rules can be held up in a court. for example my college only allows smoking in the student parking lot. if fined you must pay it or you can be taken to court
in tupelo ms, you can get ticketed by the police for smoking in public, even in your car(if children are in it, or if the window is down)
All buildings. And yes, I'd assume since it's a federal law, you could seek an injunction, however simply talking to the person and handing them a copy of the law might be a nicer way to go...
I live in Utah as well. States control smoking and where you can do it. So in Utah it would be 25 feet from the public entrance. There are many citys now in CA that ban smoking in any public place including the sidewalk or parks. Check your local state laws about how far you have to be from the building entrance, it will be a state decision. The federal government only controls the buildings. These are the federal laws for buildings.
FEDERAL BUILDINGS
General Rule: The Federal Government bans smoking in all offices owned or used by the executive branch of the Federal Government, including office space for essentially all of the departments and agencies of the executive branch. 41 Code Fed. Regs. §101-20.105-3.
There are some exceptions. People may smoke in designated areas that are physically enclosed and properly ventilated to ensure all tobacco smoke is immediately removed to the outside. A second exception allows smoking in those federally owned buildings leased to private citizens or businesses. Also, people may smoke in federal residential facilities, and people may smoke in privately owned offices that house "duty stations" for one or more federal employees. Lastly, the head of an agency may allow narrow exceptions for smoking when it is necessary to accomplish an agency’s mission. 41 Code Fed. Regs. §101-20.105-3.
Enforcement Agency: The director of the government agency or department on whose property the violation has occurred.
Penalty: Penalties are not specified.
Good Luck, hope this helps.
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