Smoking Regulations in Michigan

MCLS § 333.12616 of the Michigan Compiled Laws Service is known as the “Michigan Clean Indoor Air Act”.

§ 333.12603. (1) of the Michigan Compiled Laws Service prohibits smoking in public place or at meeting of public body.  An individual is not allowed to smoke in a public place or at a meeting of a public body, except in a designated smoking area.[i]

This regulation on smoking does not apply to a room, hall, or building used for a private function if the seating arrangements are under the control of the sponsor of the function, to a food service establishment or to licensed premises and  to a private educational facility after regularly scheduled school hours.[ii]

The laws of Michigan also prohibits smoking in a child caring institution or child care center or on real property that is under the control of a child caring institution or a child care center and upon which the child caring institution or child care center is located, including other related buildings.[iii]

 The state or local governmental agency or the person who owns or operates a public place can designate an area as a smoking area.  But such an area should not be a public place in which smoking is prohibited by law. If a smoking area is designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in both smoking and adjacent nonsmoking areas.

In the case of a public place consisting of a single room, at least half of the room should be reserved and posted as a no smoking area.  If smoking is permitted in a public place, the state or local governmental agency or the person who owns or operates the public place shall develop a written policy for the separation of smokers and nonsmokers.  The policy shall allow nonsmokers to be located closest to the source of fresh air; provide special consideration for individuals with hypersensitivity to tobacco smoke and set a procedure to receive, investigate, and take action on complaints.[iv]

A person who violates the rules relating to smoking or a person or state or local governmental agency that owns or operates a public place and violates the smoking rules will be directed to comply with the rules and will be subject to a civil fine of not more than $100.00 for a first violation and not more than $500.00 for a second or subsequent violation.[v]

 [i] MCLS § 333.12603

[ii] MCLS § 333.12603

[iii] MCLS § 333.12604

[iv] MCLS § 333.12605

[v] MCLS § 333.12611


Inside Smoking Regulations in Michigan