333-015-0040 Oregon Indoor Clean Air Act: Signs (1) An employer or entity in charge, except in those places described in OAR 333-015-0035(5) through (8), must post signs prominently at each entrance and exit to the place of employment or public place. (a) Signs must state that smoking, aerosolizing or vaporizing of inhalants is prohibited within 10 feet of entrances, exits, windows that open, and ventilation intakes that serve an enclosed area. (b) Signs may be used without the words "within 10 feet" if the signs specify a restriction greater than 10 feet or designate the entire premises as smoke, aerosol and vapor free. (2) Nothing in these rules shall prevent an employer or an entity in charge from increasing the amount of property where smoking, aerosolizing or vaporizing of inhalants is prohibited beyond the 10-foot requirement or from designating the entire premises as smoke, aerosol or vapor free. (3) In addition to requirements under this rule, an owner or entity in charge of a hotel or motel shall comply with signage requirements as described in OAR 333-015-0035(5). (4) An employer or entity in charge of tables or outdoor seating or dining areas within 10 feet of entrances, exits, windows that open, ventilation intakes that serve an enclosed area of a public place or place of employment, or any portion of an accessibility ramp shall clearly mark the tables or outdoor seating or dining areas as non-smoking, non-vaporizing and non-aerosolizing. (5) In a cigar bar where smoking is allowed under OAR 333-015-0035(7), the employer or entity in charge shall post signs at each entrance and exit clearly stating that: (a) Smoking is allowed on all or part of the premises; (b) Smoking, aerosolizing or vaporizing of inhalants that are not cigars is prohibited; and (c) Anyone under the age of 21 is prohibited from entering the premises. (6) Smoke shops must post signs at each entrance and exit clearly stating that: (a) Smoking is allowed on all or part of the premises; (b) Anyone under the age of 21 is prohibited from entering the premises; (c) It is unlawful to sell tobacco products or inhalant delivery systems to anyone under the age of 21; (d) Cigarette smoking is prohibited on the premises, in a smoke shop where cigarette smoking is not allowed under these rules; (e) Smoking, aerosolizing or vaporizing of inhalants that are not tobacco products is prohibited; and (f) On-premises consumption of alcohol is prohibited. (7) All signs used to describe whether smoking is prohibited or allowed in a place of employment or public place shall be placed at a height and location easily seen by a person entering the establishment and shall not be obscured in any way. Statutory/Other Authority: ORS 433.855 Statutes/Other Implemented: ORS 433.835 - 433.870 History: PH 23-2019, amend filed 11/18/2019, effective 01/01/2020 PH 23-2017, amend filed 12/21/2017, effective 01/01/2018 PH 30-2015, f. 12-29-15, cert. ef. 1-1-16 PH 26-2014, f. & cert. ef. 10-8-14 PH 2-2012, f. & cert. ef. 2-1-12 PH 2-2010, f. & cert. ef. 1-14-10 PH 18-2008, f. 11-14-08, cert. ef. 1-1-09 PH 12-2008, f. 8-15-08, cert. ef. 1-1-09 PH 27-2004, f. & cert. ef. 8-19-04 PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04 OHD 12-2002, f. & cert. ef. 8-27-02 OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02 HD 10-1983, f. & ef. 7-1-83