Philadelphia’s Clean Indoor Air Worker Protection Law went into effect on January 8, 2007. The law protects Philadelphians at work and in public spaces from the harmful effects of secondhand smoke by making virtually all workplaces smoke-free.

• All workplaces
• All indoor areas accessible to the public, including, but not limited to: retail stores, food and drinking establishments, office buildings, child care centers, common areas of multiple dwelling buildings, public meeting spaces, health care facilities, lodging establishments and bingo facilities
• All sports and recreational facilities
• All theaters and performance establishments
• All private residences while they are used as day care facilities, and all vehicles being used for transportation to and from day care
• All public transportation vehicles and enclosed areas of transportation stations
• All outdoor areas within 20 feet of any entrance to any smoke-free area
• All sidewalk cafes and any outdoor deck, patio or similar outdoor service area which is part of a food or beverage establishment

Some classes of establishments are exempted from the requirements of the Ordinance.
Examples of these establishments include:

• Tobacco products distribution businesses
• Specialty tobacco retail establishments whose tobacco-related products for use on the premises constitute at least 15% of gross sales
• Lodging establishments (up to 25% of the sleeping quarters)

Exemptions/Waivers:
Some classes of establishments meeting certain criteria are eligible to apply for a waiver. Any establishment operator wishing to apply for a waiver must do so by April 9, 2007 and must remain smoke-free until an official waiver is granted by the Department of Public Health. Examples of establishments that may apply for waivers are as follows:

• Private clubs
• Drinking establishments whose on-site sales of food for consumption on the premises comprises no more than 20% of gross sales of both food, non-alcoholic and alcoholic beverages, providing that all other criteria are met
• Some workplaces covered by preexisting collective bargaining agreements

Enforcement:
The Department of Public Health is responsible for enforcement measures. Owners of covered establishments must take reasonable measures to ensure no person smokes on the premises.

• Informing any person smoking that it is prohibited by law, and requesting that the person refrain from smoking or leave the area.
• Reporting immediately to the Department of Public Health any person not complying with the operator’s request.
• Posting “No Smoking” or “Smoking Permitted” (where applicable) signs and other signage in compliance with regulations.
• Advising tenants of office buildings that smoking is prohibited in the building, and including such provisions in leases.
• Referring complaints about smoking immediately in writing to the tenant.