Smoking In Public Buildings - - CA Government

Section § 7596

This section defines key terms related to public buildings. 'Public building' refers to structures owned or leased by the state or local governments, including California community colleges. Inside such buildings includes most indoor areas except covered parking lots and private residential spaces. Residential spaces are private living areas, excluding common spaces such as lobbies and restrooms. A 'covered parking lot' is a sheltered vehicle parking area, with similar exclusions for common spaces. It also mentions smoking regulations within parking lots. The term 'state' includes various state entities, while 'public employee' refers to those working for state agencies or local governments.

As used in this chapter, the following terms have the following meanings:

(a) “Public building” means a building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California community college district.

(1) “Inside a public building” includes all indoor areas of the building, except for covered parking lots and residential space. “Inside a public building” also includes any indoor space leased to the state, county, or city, except for covered parking lots and residential space.

(2) “Residential space” means a private living area, but it does not include common areas such as lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of a multicomplex building such as a dormitory.

(3)

(A) “Covered parking lot” means an area designated for the parking of vehicles that is enclosed or contains a roof or ceiling. “Covered parking lot” does not include lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the parking lot or a building to which it is attached.

(B) The application of this subparagraph shall not supersede or render inapplicable permitted smoking of tobacco products under this chapter within any other part of a covered parking lot not specifically listed in subparagraph (1).

(b) “State” or “state agency” means a state agency, as defined pursuant to Section 11000, the Legislature, the Supreme Court and the courts of appeal, and each campus of the California State University and the University of California.

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(Amended by Stats. 2006, Ch. 736, Sec. 1. Effective January 1, 2007.)

Section § 7597

This law makes it illegal to smoke tobacco products inside public buildings, or within 20 feet of a main exit, entrance, or operable window of such buildings, as well as in state-owned vehicles. Schools, counties, and cities can create stricter rules if they choose. Smoking and tobacco product definitions must adhere to the specified terms in the Business and Professions Code.

(a) No public employee or member of the public shall smoke a tobacco product inside a public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building, or in a passenger vehicle, as defined by Section 465 of the Vehicle Code, owned by the state.

(b) This section shall not preempt the authority of any county, city, city and county, California Community College campus, campus of the California State University, or campus of the University of California to adopt and enforce additional smoking and tobacco control ordinances, regulations, or policies that are more restrictive than the applicable standards required by this chapter.

(c) For purposes of this section, “smoke” and “smoking” have the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.

(d) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

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(Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 10. (SB 5 2x) Effective June 9, 2016.)

Section § 7597.1

This law allows the governing bodies of California's public universities and community colleges to set rules about tobacco use on their campuses. They can also impose fines for violations, with penalties capped at $100 for each offense. The money collected goes towards enforcement, education, and tobacco cessation programs. Campuses that implement these measures must post signs about where tobacco use is prohibited or allowed and inform students and employees about these policies.

(a) The governing bodies of the California State University, the University of California, and each community college district have the authority to:

(1) Set enforcement standards for their local campuses.

(2) Impose a fine for a first, second, and third offense and for each subsequent offense. The amount of fines is to be determined by the local governing body. Funds shall be allocated to include, but not be limited to, the designated enforcement agency, education and promotion of the policy, and tobacco cessation treatment options. The civil penalty shall not exceed one hundred dollars ($100).

(b) If a campus adopts the enforcement and fine measures in subdivision (a), it shall, and the campuses of the University of California may, post signs stating their tobacco use policy on campus, as follows:

(1) The locations at which smoking or tobacco use is prohibited on campus.

(2) The locations at which smoking or tobacco use is permitted on campus.

(c) If a campus adopts the enforcement and fine measure in subdivision (a), it shall, and a campus of the University of California may, inform employees and students of the tobacco use policy and enforcement measures employed on their campus.

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(Added by Stats. 2011, Ch. 617, Sec. 1. (AB 795) Effective January 1, 2012.)

Section § 7598

This law says that people, including public employees, can smoke in outdoor areas of public buildings unless a state law or local rule says otherwise. If smoking is not allowed, there must be a sign posted by the appropriate government agency explaining the ban.

Except as provided in Section 7597, a public employee or other person may smoke in any outdoor area of a public building unless otherwise prohibited by state law or local ordinance and a sign describing the prohibition is posted by the state, county, or city agency or other appropriate entity.

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(Added by Stats. 2003, Ch. 342, Sec. 1. Effective January 1, 2004.)