CHAPTER 37. CLEAN INDOOR AIR LAW
IC 16-41-37
Chapter 37. Clean Indoor Air Law
IC 16-41-37-1
Agency
Sec. 1. As used in this chapter, "agency" means a board, acommission, a department, an agency, an authority, or other entityexercising a part of the executive, administrative, legislative, orjudicial power of the state or local government.
As added by P.L.2-1993, SEC.24.
IC 16-41-37-2
Public building
Sec. 2. As used in this chapter, "public building" means anenclosed structure or the part of an enclosed structure that is one (1)of the following:
(1) Occupied by an agency of state or local government.
(2) Used as a classroom building or a dining area at a stateeducational institution.
(3) Used as a public school (as defined in IC 20-18-2-15).
(4) Licensed as a health facility under IC 16-21 or IC 16-28.
(5) Used as a station for paid firefighters.
(6) Used as a station for paid police officers.
(7) Licensed as a child care center or child care home orregistered as a child care ministry under IC 12-17.2.
(8) Licensed as a hospital under IC 16-21 or a county hospitalsubject to IC 16-22.
(9) Used as a provider's office.
As added by P.L.2-1993, SEC.24. Amended by P.L.110-1997, SEC.3;P.L.20-1998, SEC.2; P.L.1-2005, SEC.148; P.L.2-2007, SEC.194.
IC 16-41-37-2.3
School bus
Sec. 2.3. As used in this chapter, "school bus" means a motorvehicle that is:
(1) designed and constructed for the accommodation of at leastten (10) passengers;
(2) owned or operated by a public or governmental agency, orprivately owned and operated for compensation; and
(3) used for the transportation of school children to and fromthe following:
(A) School.
(B) School athletic games or contests.
(C) Other school functions.
As added by P.L.252-2003, SEC.9.
IC 16-41-37-2.7
School week
Sec. 2.7. As used in this chapter, "school week" means a normalMonday through Friday week that contains three (3) or more days
that each contain more than four (4) hours of classroom instruction.
As added by P.L.252-2003, SEC.10.
IC 16-41-37-3
Smoking
Sec. 3. As used in this chapter, "smoking" means the carrying orholding of a lighted cigarette, cigar, pipe, or any other lightedsmoking equipment, or the inhalation or exhalation of smoke fromany lighted smoking equipment.
As added by P.L.2-1993, SEC.24.
IC 16-41-37-3.1
Retail area
Sec. 3.1. As used in this chapter, "retail area" means the sales areaof a grocery store or drug store. The term does not include an area ofa grocery store or drug store that is used for:
(1) the service of food; or
(2) an employee lounge or a break room.
As added by P.L.256-1996, SEC.5.
IC 16-41-37-4
Locations where smoking prohibited; infractions following priorviolations
Sec. 4. A person who smokes:
(1) in a public building, except in an area designated as asmoking area under section 5 of this chapter;
(2) in the retail area of a grocery store or drug store that isdesignated as a nonsmoking area by the store's proprietor;
(3) in the dining area of a restaurant that is designated andposted as the restaurant's nonsmoking area by the restaurant'sproprietor; or
(4) in a school bus during a school week or while the school busis being used for a purpose described in section 2.3(3) of thischapter;
commits a Class B infraction. However, the violation is a Class Ainfraction if the person has at least three (3) previous unrelatedjudgments for violating this section that are accrued within thetwelve (12) months immediately preceding the violation.
As added by P.L.2-1993, SEC.24. Amended by P.L.256-1996, SEC.6;P.L.20-1998, SEC.3; P.L.252-2003, SEC.11.
IC 16-41-37-5
Designation of smoking and nonsmoking areas
Sec. 5. (a) The official in charge of a public building shalldesignate a nonsmoking area and may designate a smoking area inthe building.
(b) When smoking and nonsmoking areas are designated, theofficial in charge of a public building may take reasonably necessarymeasures to accommodate both smokers and nonsmokers.
(c) If a public building consists of a single room, any part or all of
the room may be reserved and posted as a nonsmoking area.
As added by P.L.2-1993, SEC.24.
IC 16-41-37-6
Posting of signs; requests to stop smoking; removal of smokers
Sec. 6. (a) The official in charge of a public building shall do thefollowing:
(1) Post conspicuous signs that read "Smoking Is Prohibited ByState Law Except In Designated Smoking Areas" or othersimilar language.
(2) Request persons who are smoking in violation of section 4of this chapter to refrain from smoking.
(3) Remove a person who is smoking in violation of section 4of this chapter and fails to refrain from smoking after beingrequested to do so.
(b) The proprietor of a restaurant shall, under sections 4 and 5 ofthis chapter, post conspicuous signs at each entrance to therestaurant, informing the public of the establishment's smokingpolicy.
As added by P.L.2-1993, SEC.24. Amended by P.L.256-1996, SEC.7.
IC 16-41-37-7
Rules
Sec. 7. The state department may adopt rules under IC 4-22-2 torestrict or prohibit smoking in public buildings where the closeproximity of workers causes smoking to affect the health and comfortof nonsmoking employees.
As added by P.L.2-1993, SEC.24.
IC 16-41-37-8
Waiver of requirements
Sec. 8. The state department may waive the requirements ofsection 5(b), 5(c), or 6 of this chapter if the state departmentdetermines that:
(1) there are compelling reasons to do so; and
(2) the waiver will not significantly affect the health andcomfort of nonsmokers.
As added by P.L.2-1993, SEC.24.
IC 16-41-37-9
Local ordinances
Sec. 9. Notwithstanding IC 16-41-39, this chapter does notprohibit a county, city, town, or other governmental unit fromadopting an ordinance more restrictive than this chapter.
As added by P.L.2-1993, SEC.24. Amended by P.L.256-1996, SEC.8.