The Oregon Indoor Clean Air Act prohibits smoking, vaping, and the aerosolizing of inhalants in enclosed public places and workplaces across the state, and it extends that ban to a 10-foot buffer around entrances, exits, operable windows, and ventilation intakes. The law covers tobacco, e-cigarettes, vape pens, and cannabis devices alike. It is codified at ORS 433.835 through 433.875, with penalties at ORS 433.990 and rules at OAR 333-015-0025 through 333-015-0085.1Oregon Health Authority. Smokefree Workplace Law
What’s Banned and Where
Under ORS 433.845, no one may smoke, aerosolize, or vaporize an inhalant, or carry a lighted smoking instrument, in any public place or place of employment. The prohibition also reaches outdoors: it applies within 10 feet of entrances, exits, windows that open, ventilation intakes, and accessibility ramps leading to or from those openings. Smoking is also barred in any room being used by jurors.2Oregon Public Law. ORS 433.845
Since January 1, 2016, the law has reached inhalant delivery systems, meaning e-cigarettes, vape pens, e-hookahs, and similar devices are treated the same as a lit cigarette.3Yamhill County. Tobacco Laws and Regulations The statute defines an “inhalant” broadly as nicotine, a cannabinoid, or any other substance delivered into the respiratory system, excluding products approved and marketed solely for therapeutic use by the FDA.4Justia. ORS 433.835 Because cannabinoids are named, smoking or vaping marijuana in a covered place is prohibited regardless of Oregon’s recreational cannabis laws, and the Oregon Health Authority has confirmed that cannabis vape pens fall within the inhalant delivery system rules.5Oregon Health Authority. Marijuana Laws
Where the Rules Apply
A “public place” is any enclosed area open to the public. A “place of employment” is any enclosed area under the control of a public or private employer that employees use during their work, including lounges, shared vehicles, restrooms, and hallways. Private residences are excluded from the workplace definition unless they are used as licensed child care or adult day care facilities.4Justia. ORS 433.835
An “enclosed area” is the space between a floor and ceiling enclosed on three or more sides by permanent or temporary walls or windows. That definition pulls in some spaces people assume are outdoor: stairwells, covered apartment hallways, and patios with three walls and a roof can all qualify.6Oregon Health Authority. Enclosed Areas
In multiunit housing, common spaces such as lobbies, hallways, and laundry rooms count as workplaces under the Act and are covered by the ban.7Smoke Free Oregon. Smoke-Free Housing Tools The law does not reach inside individual residential units.
Exemptions
A small number of settings remain legal for indoor smoking:
- Certified smoke shops. A business qualifying for OHA certification must derive at least 75% of gross revenue from tobacco products, prohibit entry by anyone under 21, and meet other requirements.8Oregon Health Authority. Certification
- Certified cigar bars. Qualifying businesses must have generated at least $5,000 in on-site retail cigar sales during the 2006 calendar year, hold a full on-premises liquor license, maintain a humidor, limit smoking to cigars, cap seating at 40, meet ventilation requirements, and bar anyone under 21. Employees must sign a form acknowledging the health dangers of secondhand smoke.9Oregon Public Law. OAR 333-015-0066
- Designated hotel and motel rooms. Up to 25% of sleeping rooms may be designated as smoking-allowed.10Oregon Health Authority. The Law
- American Indian ceremonial use of non-commercial tobacco.10Oregon Health Authority. The Law
The law does not create a blanket exemption for tribal casinos or tribal properties.8Oregon Health Authority. Certification Certified smoke shops and cigar bars remain subject to unannounced OHA inspections.
Signage Businesses Must Post
Operators must post no-smoking signs prominently at each entrance and exit, at a height and location easily seen by someone entering, and the signs cannot be obscured. The signs must state that smoking, aerosolizing, or vaporizing of inhalants is prohibited within 10 feet of entrances, exits, operable windows, and ventilation intakes. A business that imposes stricter rules, such as pushing the buffer out further or going entirely smoke-free, may adjust the sign language to match.11Oregon Public Law. OAR 333-015-0040
Outdoor seating or dining areas that fall within 10 feet of a covered opening must be clearly marked as non-smoking. Cigar bars and smoke shops have additional signage requirements, including notices that entry is prohibited for anyone under 21 and that smoking of non-cigar or non-tobacco products is not allowed.11Oregon Public Law. OAR 333-015-0040 The Oregon Health Authority publishes downloadable posters, brochures, and decals.10Oregon Health Authority. The Law
Reporting a Violation and the Fines That Follow
Enforcement runs through the Oregon Health Authority, with local public health authorities handling outreach and remediation on OHA’s behalf. The system is complaint-driven: OHA investigates when a member of the public or an employee files a report. Complaints can be submitted through an online form or by calling 1-866-621-6107, and they should identify a specific violation, because vague reports may not trigger an investigation. Reports are public records, and confidentiality is not guaranteed.10Oregon Health Authority. The Law
Civil penalties run up to $500 per day. Under OAR 333-015-0085, fines are graduated: first-time violations are $300 or $500 depending on the type of violation, second violations are $400 or $500, and third and later violations are $500 across the board.12Oregon Public Law. OAR 333-015-0085 Some Oregon cities and counties have enacted stricter local smoke-free rules that employers must follow in addition to the state law.10Oregon Health Authority. The Law