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, a
commission, a department, an agency, an authority, or other entity
exercising a part of the executive, administrative, legislative, or
judicial 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 an
enclosed 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 state
educational 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 or
registered as a child care ministry under IC 12-17.2.
(8) Licensed as a hospital under IC 16-21 or a county hospital
subject 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 motor
vehicle that is:
(1) designed and constructed for the accommodation of at least
ten (10) passengers;
(2) owned or operated by a public or governmental agency, or
privately owned and operated for compensation; and
(3) used for the transportation of school children to and from
the 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 normal
Monday 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 or
holding of a lighted cigarette, cigar, pipe, or any other lighted
smoking equipment, or the inhalation or exhalation of smoke from
any 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 area
of a grocery store or drug store. The term does not include an area of
a 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 prior
violations
Sec. 4. A person who smokes:
(1) in a public building, except in an area designated as a
smoking area under section 5 of this chapter;
(2) in the retail area of a grocery store or drug store that is
designated as a nonsmoking area by the store's proprietor;
(3) in the dining area of a restaurant that is designated and
posted as the restaurant's nonsmoking area by the restaurant's
proprietor; or
(4) in a school bus during a school week or while the school bus
is being used for a purpose described in section 2.3(3) of this
chapter;
commits a Class B infraction. However, the violation is a Class A
infraction if the person has at least three (3) previous unrelated
judgments for violating this section that are accrued within the
twelve (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 shall
designate a nonsmoking area and may designate a smoking area in
the building.
(b) When smoking and nonsmoking areas are designated, the
official in charge of a public building may take reasonably necessary
measures 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 the
following:
(1) Post conspicuous signs that read "Smoking Is Prohibited By
State Law Except In Designated Smoking Areas" or other
similar language.
(2) Request persons who are smoking in violation of section 4
of this chapter to refrain from smoking.
(3) Remove a person who is smoking in violation of section 4
of this chapter and fails to refrain from smoking after being
requested to do so.
(b) The proprietor of a restaurant shall, under sections 4 and 5 of
this chapter, post conspicuous signs at each entrance to the
restaurant, informing the public of the establishment's smoking
policy.
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 to
restrict or prohibit smoking in public buildings where the close
proximity of workers causes smoking to affect the health and comfort
of 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 of
section 5(b), 5(c), or 6 of this chapter if the state department
determines that:
(1) there are compelling reasons to do so; and
(2) the waiver will not significantly affect the health and
comfort 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 not
prohibit a county, city, town, or other governmental unit from
adopting an ordinance more restrictive than this chapter.
As added by P.L.2-1993, SEC.24. Amended by P.L.256-1996, SEC.8.