Frequently Asked Questions about R.I.'s Smoking Law

Question: When did the law go into effect?

Answer: The law went into effect on March 1, 2005 at midnight. TOP

Question:  What is the law?

Answer:  The law is called the “Public Health and Workplace Safety Act”.

It requires that smoking shall be prohibited in all enclosed facilities within places of employment and enclosed public places, including common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. TOP

Question: What places are covered by the law?

Answer: § 23-20.10-3 of the law specifically lists the places where smoking is prohibited. Review the list of places covered by the law. TOP

Question: What should I do if my employer allows smoking in my workplace?

Answer: You have the right to ask your employer to enforce the law. Should the problem persist, you can complete the no smoking complaint form or call (401) 222-3293. TOP

Question: Can my employer fire me for filing a complaint?

Answer: § 23-20.10-8 of the law includes the following language regarding Nonretaliation--No person or employer shall discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or customer because that employee, applicant or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter. TOP

Question: Can an employer establish separate smoking and nonsmoking sections/indoor break areas?

Answer: No. Smoking is prohibited in any indoor workplace. TOP

Question: Can businesses create outdoor smoking areas?

Answer: Nothing in the law prohibits an employer from providing an outdoor smoking space for their employees, but it must be physically separated from the enclosed workplace and must be far enough away that smoke cannot migrate into the building. TOP

Question: What does an outdoor smoking area mean?

Answer: Smoking can occur outside but must not migrate into the building.

Allowed locations include sidewalk tables, patios, decks and areas covered by an awning. However, if the section has walls and a ceiling and is deemed an enclosed area, smoking would not be allowed. Smoking is prohibited in all enclosed areas. TOP

Question: What is an enclosed area?

Answer: "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling. TOP

Question: How far away from an entrance to a building does somebody need to be to smoke?

Answer: The law does not specify a set limit of feet that somebody must be from an entrance. However, people are prohibited from smoking in an area were smoke can migrate into the building. Businesses are recommended to set a policy that ensures that the smoke does not migrate back into the building. The RI Department of Health recommends 50 feet. TOP

Question: Is a tenant allowed to smoke in their apartment?

Answer: Smoking is not regulated in private residences, except when used as a licensed childcare, adult day care or health care facility. However, smoking is prohibited in lobbies, hallways, and other common areas. The law does not prohibit a landlord from adopting a smoke free policy. TOP

Question: How about hotel rooms?

Answer: The hotel may allow smoking to occur in designated smoking rooms provided, however, that not more than fifty percent (50%) of rooms rented to guests in a hotel or motel are designated as smoking rooms. This does not prohibit a hotel from choosing to go completely smoke-free. TOP

Question: Is smoking allowed in assisted-living residences or nursing homes?

Answer: Smoking is allowed in private and semi-private rooms or designated areas in assisted living residences and nursing facilities. Smoking is prohibited in lobbies, hallways and other common areas. TOP

Question: Is anyone exempt from the law?

Answer: Yes. Newport Grand, Lincoln Park, cigar or smoking bars and retail tobacco shops are exempt. There are no exemptions for Class C or D establishments. All small bars and private clubs must prohibit smoking according to the law. TOP

Question: Are there any special requirements of Newport Grand and Lincoln Park?

Answer: Yes. Newport Grand and Lincoln Park shall provide designated smoking and nonsmoking gaming areas in their facilities. The designated nonsmoking gaming area shall be physically separated from any smoking area and shall be required to have separate and distinct ventilation systems so as to prohibit the migration of smoke into the nonsmoking area. TOP

Question: What is a smoking bar?

Answer:"Smoking bar" means an establishment whose business is primarily devoted to the serving of tobacco products for consumption on the premises, in which the annual revenues generated by tobacco sales are greater than fifty percent (50%) of the total revenue for the establishment and the serving of food or alcohol is only incidental to the consumption of such tobacco products. The establishment must annually demonstrate that revenue generated from the serving of tobacco products is greater than the total combined revenue generated by the serving of beverages and food. The Rhode Island Division of Taxation shall be responsible for the determination under this section and shall promulgate any rules or forms necessary for the implementation of this section. TOP

Question: Can people smoke at outdoor sporting events, or sports arenas?

Answer: No. Smoking is prohibited in sports arenas, including outdoor arenas. TOP

Question: What is considered a sports arena?

Answer: "Sports arena" means sports pavilions, stadiums, (indoor or outdoor) organized sports fields, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition or witness sports or other events. TOP

Question: Can people smoke at the beach or park?

Answer: Yes. Smoking is allowed at outdoor spaces that are not confined and/or designated as sports arenas. TOP

Question: How will the law be enforced?

Answer: Any citizen who desires to register a complaint may call the Department of Health at (401) 222-3293. However, for a formal action to take place, the Department of Health needs a written and signed letter of complaint, or a completed no smoking complaint form. TOP

Question: What are the punishments for breaking this law?

Answer: The fines are $250 for the first violation, $500 for the second and $1,000 for each subsequent violation. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense. TOP

Question: Who pays the fine the business owner or the person who is smoking?

Answer: The business owner. TOP

Question: What happens when establishments continue to allow smoking?

Answer: Two, written formal complaints are required before formal action is taken. If the Department of Health receives two, written formal complaints against a business, the complaints are forwarded to the local town or city solicitors who prosecute these matters in municipal court. TOP

Question: Who gets the money from the fines?

Answer: The local municipality splits any penalties with the state. One-half (1/2) of any penalty assessed and recovered in an action brought pursuant to this subsection shall be transferred to the municipality in which the civil action originated and the other one-half (1/2) of any penalty assessed and recovered shall be transferred to the general fund. TOP

Question: Are business owners required to post a no smoking sign?

Answer: Yes, "No smoking" signs shall be clearly and conspicuously posted at every entrance to every public place and place of employment where smoking is prohibited. TOP

Question: Where can business owners get these signs?

Answer: Signs are available at no cost to businesses. The Department of Health has examples, in English and in Spanish, which can be printed out from its Web site. There is also an order form on the website, or telephone orders may be taken by calling (401) 222-3293. TOP

Question: Can businesses develop a no smoking sign or do they have to use the signs obtained from the Department of Health?

Answer: Yes, businesses may develop their own no smoking sign. All signs shall be attached at eye level and shall contain the following words “IT IS ILLEGAL TO SMOKE IN THIS ESTABLISHMENT. To report a violation call Rhode Island Department of Health: 222-3293.” TOP

Question: Where can people get more information about the law, or get a copy of the law?

Answer: By calling the Department of Health, Tobacco Control program (401) 222-3293 or visiting its website.  TOP