Delaware Smoking: What you need to know

The Delaware Clean Indoor Air Act prohibits smoking in any indoor enclosed area to which the general public is invited or permitted, including all public and private workplaces, schools, and healthcare facilities; restaurants, bars, and casinos, and public transportation vehicles. (DE Stat. Tit. 16 Sec. 2901et seq.).

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Smoking near entrances. The Clean Indoor Air Act does not specify how close to a building entrance a person may smoke. However, a business or organization may set its own policy giving a specific distance from the building where smoking is permitted.

Exemptions. The following are excluded from the Clean Indoor Air Act:

  • Private homes, automobiles, except homes or autos that are used for child care, day care, or public transportation of children
  • Private social events
  • Private-hire limousines
  • Hotel or motel rooms--up to 25 percent of rooms
  • Fund raising activity sponsored by a fire company or ambulance or rescue company, on its own premises
  • Fraternal benefit society fund raising activity, on its own premises
  • Dover Downs outdoor motor speedway

Posting. Employers, owners, or landlords must prominently post and adequately maintain "Warning: Smoking Permitted" signs where smoking is permitted. Letters must be at least 1 inch high.

Whistleblowers. Employers may not discharge or discriminate against a worker that complains or gives information to the state labor department about a violation of the Act or causes proceedings to be instigated against an employer.

Please see the national Smoking section.

Questions regarding workplace smoking and the Delaware Clean Indoor Air Act may be directed to 302-741-2900 or the state of Delaware's Helpline at 800-464-4357 or 800-273-9500 (toll-free out of ...

>> Read more about Smoking

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