Smoking Regulations in Indiana

Smoking is generally prohibited in Indiana in a public building, a place of employment, a vehicle owned, leases, or operated by the state, an area within 8 feet of public entrance to a public place or a place of employment.  A person who violates these provisions commits a Class B infraction.  However, the violation will be treated as a Class A infraction if the person has at least three previous unrelated judgments for violating this section that are accrued within the twelve months immediately preceding the violation.[i] 

Officials in charge of a public building shall designate a nonsmoking area and may designate a smoking area in the building.  At the time of designation, the official should take reasonably necessary measures to accommodate both smokers and nonsmokers.  However, 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.[ii]

The official in charge of a public building should also post conspicuous signs that clearly state that smoking is prohibited in the area.[iii]  The person in charge should also request persons who are smoking in violation of the smoking rules to refrain from smoking.[iv]  He also has the power to remove the person who is smoking in violation of the rules, from the premises.[v]  The law also requires the proprietor of a restaurant to post conspicuous signs at each entrance to the restaurant, informing the public of the establishment’s smoking policy.[vi]

The state department may adopt rules 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.[vii]  The state department can dispel with this condition if there are compelling reasons to do so and if the waiver will not significantly affect the health and comfort of nonsmokers.[viii]

A covered entity may also prohibit or impose restrictions on smoking in places of employment.[ix] 

[i] Burns Ind. Code Ann. § 16-41-37-4 

[ii] Burns Ind. Code Ann. § 16-41-37-5

[iii] Burns Ind. Code Ann. § 7-5-12-7

[iv] Burns Ind. Code Ann. § 7-5-12-7

[v] Burns Ind. Code Ann. § 7-5-12-7

[vi] Burns Ind. Code Ann. § 7-5-12-7

[vii] Burns Ind. Code Ann. § 16-41-37-7

[viii] Burns Ind. Code Ann. § 16-41-37-8

[ix] 910 IAC 3-3-16


Inside Smoking Regulations in Indiana