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The Minnesota Clean Indoor Air Act (MCIAA)

Minnesota Statutes 144.411 - 144-417

The Minnesota Clean Indoor Air Act (MCIAA) was enacted in 1975 to protect public health by restricting smoking in public places and workplaces. The MCIAA only regulates the act of smoking. The act does not regulate where the smoke goes, and it does not cover other indoor air quality issues. The act is enforced by the Minnesota Department of Health, who delegates enforcement activities to some (city or county) health departments. Rules

MCIAA pdf File

Sections 144.411 to 144.417  may be cited as the Minnesota Clean Indoor Air Act.

HIST: 1975 c 211 s 1

The purpose of sections 144.411 to 144.417  is to protect the public health, comfort and environment by prohibiting smoking in areas where children or ill or injured persons are present, and by limiting smoking in public places and at public meetings to designated smoking areas.

HIST: 1975 c 211 s 2; 1987 c 399 s 1

Subdivision 1. Scope. As used in sections 144.411 to 144.416 , the terms defined in this section have the meanings given them.

Subd. 2. Public place. "Public place" means any enclosed, indoor area used by the general public or serving as a place of work, including, but not limited to, restaurants, retail stores, offices and other commercial establishments, public conveyances, educational facilities other than public schools, as defined in section 120A.05, subdivisions 9, 11, and 13, hospitals, nursing homes, auditoriums, arenas, meeting rooms, and common areas of rental apartment buildings, but excluding private, enclosed offices occupied exclusively by smokers even though such offices may be visited by nonsmokers.

Subd. 3. Public meeting. "Public meeting" includes all meetings open to the public pursuant to section 13D.01.

Subd. 4. Smoking. "Smoking" includes carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment.

HIST: 1975 c 211 s 3; 1992 c 576 s 1; 1994 c 520 s 1; 1998 c 397 art 11 s 3; 1999 c 245 art 2 s 24

Subdivision 1. Public places. No person shall smoke in a public place or at a public meeting except in designated smoking areas. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place. Furthermore, this prohibition shall not apply to places of work not usually frequented by the general public, except that the state commissioner of health shall establish rules to restrict or prohibit smoking in factories, warehouses, and those places of work where the close proximity of workers or the inadequacy of ventilation causes smoke pollution detrimental to the health and comfort of nonsmoking employees.

Subd. 2. Day care premises. Smoking is prohibited in a day care center licensed under Minnesota Rules, parts 9503.0005  to 9503.0175 , or in a family home or in a group family day care provider home licensed under Minnesota Rules, parts 9502.0300  to 9502.0445, during its hours of operation.

Subd. 3. Health care facilities and clinics. (a) Smoking is prohibited in any area of a hospital, health care clinic, doctor's office, or other health care-related facility, other than a nursing home, boarding care facility, or licensed residential facility, except as allowed in this subdivision.

(b) Smoking by patients in a chemical dependency treatment program or mental health program may be allowed in a separated well-ventilated area pursuant to a policy established by the administrator of the program that identifies circumstances in which prohibiting smoking would interfere with the treatment of persons recovering from chemical dependency or mental illness.

(c) Smoking by participants in peer reviewed scientific studies related to the health effects of smoking may be allowed in a separated room ventilated at a rate of 60 cubic feet per minute per person pursuant to a policy that is approved by the commissioner and is established by the administrator of the program to minimize exposure of nonsmokers to smoke.

HIST: 1975 c 211 s 4; 1977 c 305 s 45; 1984 c 654 art 2 s 113; 1987 c 399 s 2; 1992 c 576 s 2; 1993 c 14 s 1; 1995 c 165 s 2; 1999 c 245 art 2 s 25

Subdivision 1. Public places. No person shall smoke in a public place or at a public meeting except in designated smoking areas. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place. Furthermore, this prohibition shall not apply to places of work not usually frequented by the general public, except that the state commissioner of health shall establish rules to restrict or prohibit smoking in factories, warehouses, and those places of work where the close proximity of workers or the inadequacy of ventilation causes smoke pollution detrimental to the health and comfort of nonsmoking employees.

Subd. 2. Day care premises. Smoking is prohibited in a day care center licensed under Minnesota Rules, parts 9503.0005  to 9503.0175 , or in a family home or in a group family day care provider home licensed under Minnesota Rules, parts 9502.0300  to 9502.0445 , during its hours of operation.

Subd. 3. Health care facilities and clinics. (a) Smoking is prohibited in any area of a hospital, health care clinic, doctor's office, or other health care-related facility, other than a nursing home, boarding care facility, or licensed residential facility, except as allowed in this subdivision.

(b) Smoking by patients in a chemical dependency treatment program or mental health program may be allowed in a separated well-ventilated area pursuant to a policy established by the administrator of the program that identifies circumstances in which prohibiting smoking would interfere with the treatment of persons recovering from chemical dependency or mental illness.

(c) Smoking by participants in peer reviewed scientific studies related to the health effects of smoking may be allowed in a separated room ventilated at a rate of 60 cubic feet per minute per person pursuant to a policy that is approved by the commissioner and is established by the administrator of the program to minimize exposure of nonsmokers to smoke.

HIST: 1975 c 211 s 4; 1977 c 305 s 45; 1984 c 654 art 2 s 113; 1987 c 399 s 2; 1992 c 576 s 2; 1993 c 14 s 1; 1995 c 165 s 2; 1999 c 245 art 2 s 25

Smoking areas may be designated by proprietors or other persons in charge of public places, except in places in which smoking is prohibited by the fire marshal or by other law, ordinance or rule.

Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas. In the case of public places consisting of a single room, the provisions of this law shall be considered met if one side of the room is reserved and posted as a no smoking area. No public place other than a bar shall be designated as a smoking area in its entirety. If a bar is designated as a smoking area in its entirety, this designation shall be posted conspicuously on all entrances normally used by the public.

HIST: 1975 c 211 s 5; 1985 c 248 s 70

The proprietor or other person in charge of a public place shall make reasonable efforts to prevent smoking in the public place by

(a) posting appropriate signs;

(b) arranging seating to provide a smoke-free area;

(c) asking smokers to refrain from smoking upon request of a client or employee suffering discomfort from the smoke; or

(d) any other means which may be appropriate.

HIST: 1975 c 211 s 6

No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco product in a public school, as defined in section 120A.05 , subdivisions 9, 11, and 13. This prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or controls. Nothing in this section shall prohibit the lighting of tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony. For purposes of this section, an Indian is a person who is a member of an Indian tribe as defined in section 260.755 subdivision 12.

HIST: 1992 c 576 s 3; 1993 c 224 art 9 s 42; 1996 c 412 art 13 s 30; 1998 c 397 art 11 s 3; 1999 c 139 art 4 s 2; 1999 c 245 art 2 s 26

Subdivision 1. Rules. (a) The state commissioner of health shall adopt rules necessary and reasonable to implement the provisions of sections 144.411 to 144.417, except as provided for in section 144.414.

(b) Rules implementing sections 144.411  to 144.417 adopted after January 1, 2002, may not take effect until approved by a law enacted after January 1, 2002. This paragraph does not apply to a rule or severable portion of a rule governing smoking in office buildings, factories, warehouses, or similar places of work, or in health care facilities. This paragraph does not apply to a rule changing the definition of "restaurant" to make it the same as the definition in section 157.15 , subdivision 12.

Subd. 2. Penalties. Any person who violates section 144.414 or 144.4165  is guilty of a petty misdemeanor.

Subd. 3. Injunction. The state commissioner of health, a board of health as defined in section 145A.02, subdivision 2, or any affected party may institute an action in any court with jurisdiction to enjoin repeated violations of section 144.416 or 144.4165.

HIST: 1975 c 211 s 7; 1977 c 305 s 45; 1985 c 248 s 70; 1986 c 444; 1987 c 309 s 24; 1992 c 576 s 4,5; 1995 c 165 s 3; 2002 c 375 art 3 s 7

Parts 4620.0050 to 4620.1450 must be read in conjunction with the Minnesota Clean Indoor Air Act, Minnesota Statutes, sections 144.411 to 144.417 .

Nothing in parts 4620.0050 to 4620.1450 shall be construed to affect smoking prohibitions imposed by the fire marshal or other laws, ordinances, or regulations or to affect the right of building owners or operators to designate their premises as smoke-free.

STAT AUTH: MS s 144.411 to 144.417

HIST: 19 SR 1128; 27 SR 407

Subpart 1. Scope. For the purpose of parts 4620.0050 to 4620.1450, the terms in this part have the meanings given them.

Subp. 2. Acceptable nonsmoking area. "Acceptable nonsmoking area" means:

A. a contiguous portion of a public place or public meeting including seating arrangements, measuring a minimum of 200 square feet, where smoking is prohibited; and

B. where at least one of the conditions in subitems (1) to (3) exists.

(1) There is a continuous, physical barrier such as a wall, partition, or furnishing, of at least 56 inches (1.42 meters) in height separating the smoking-permitted and acceptable nonsmoking areas. The barrier may contain doors or portals for exit and entry.

(2) There is a space of at least four feet (1.22 meters) in width separating the smoking-permitted and acceptable nonsmoking areas. This space may be either an unoccupied area or a section of seating area acting as a buffer zone in which smoking is not permitted, but which itself is not part of the acceptable nonsmoking area.

(3) The ventilation system in the room containing both a smoking-permitted and an acceptable nonsmoking area must provide outdoor air requirements for ventilation of not less than 15 cubic feet per minute per person.

Subp. 3. [Repealed, 19 SR 1128]

Subp. 4. Bar. "Bar" means an establishment or portion of an establishment where one can purchase and consume alcoholic beverages. Any such establishment or portion of an establishment is not considered a "bar" for the purposes of parts 4620.0050 to 4620.1450 if it has:

A. table and seating facilities for more than 50 people at one time; and

B. licensed food service provided, in consideration of payment, excluding licensed limited food service establishments under Minnesota Statutes, section 157.16 , subdivision 3, paragraph (d), clause (1), item (i) or (ii).

Subp. 4a. Environmental tobacco smoke. "Environmental tobacco smoke" means:

A. smoke from a cigarette, pipe, cigar, or other lighted smoking equipment; and

B. exhaled smoke from a smoker.

Subp. 5. Factory, warehouse, or similar place of work. "Factory, warehouse, or similar place of work" means the indoor area of any facility of an enterprise not usually frequented by the general public used principally to manufacture, assemble, or store goods, products, or merchandise not for the purpose of direct retail sale, and includes those areas incidental but related to the primary operation.

Subp. 6. [Repealed, 19 SR 1128]

Subp. 7. [Repealed, 19 SR 1128]

Subp. 8. Office. "Office" means a building, structure, or area used by the general public or serving as a place of work at which the principal activities consist of professional, clerical, or administrative services. An office includes, but is not limited to, professional offices, offices in financial institutions, business offices, telemarketing offices, and government offices.

Subp. 9. One side of the room. "One side of the room" means a contiguous portion of a room, including any seating arrangements.

Subp. 10. Other person in charge. "Other person in charge" means the agent of the proprietor authorized to perform administrative direction to and general supervision of the activities within a public place at any given time.

Subp. 11. Place of work. "Place of work" means any location at which two or more individuals perform any type of a service for consideration of payment under any type of employment relationship, including but not limited to an employment relationship with or for a private corporation, partnership, individual, or government agency. This term includes any location where two or more individuals gratuitously perform service for which individuals are ordinarily paid. Examples of a place of work include an office, a public conveyance, a factory, a warehouse, or a similar place of work.

Subp. 11a. Private enclosed office. "Private enclosed office" means a room occupied by one person with floor to ceiling walls and a closeable door.

Subp. 12. Private social function. "Private social function" means any function for which all the following conditions are met:

A. the function is a specific social event for which an entire room or building has been reserved for the purpose of entertainment or pleasure and not for the principal purpose of education, sales, or business;

B. the function is limited in attendance to people who have been specifically designated and their guests; and

C. seating arrangements for the function, if any, are under control of the sponsor of the function and not of the person otherwise responsible for the public place.

Subp. 13. Proprietor. "Proprietor" means the party, regardless of whether the party is owner or lessee of the public place, who ultimately controls, governs, or directs the activities within the public place. The term does not mean the owner of the property unless the owner ultimately controls, governs, or directs the activities within the public place. The term "proprietor" may apply to a corporation as well as an individual.

Subp. 14. Public conveyance. "Public conveyance" means any air, land, or water vehicle used for the transportation of persons whether or not for compensation, including but not limited to airplanes, trains, buses, boats, and taxis. The term includes vans and trucks which may be used to transport persons to, from, and during work or jury duty and those which serve as a place of work, for example, locomotives, police vehicles, or fire vehicles. The term does not include privately owned vehicles when used for private purposes.

Subp. 14a. Public meeting. "Public meeting" has the meaning given in Minnesota Statutes, section 144.413.

Subp. 14b. Public place. "Public place" has the meaning given in Minnesota Statutes, section 144.413. For purposes of parts 4620.0050 to 4620.1450, a public place includes all indoor areas used by the general public or serving as a place of work or jury duty. It does not include a place used for a private social function or a private enclosed office.

Subp. 15. Responsible person. "Responsible person" means the proprietor or other person in charge.

Subp. 16. Restaurant. "Restaurant" has the meaning given in Minnesota Statutes, section 157.15, subdivision 12, when food service is provided in consideration of payment other than a bar as defined in subpart 4.

Subp. 16a. Retail store. "Retail store" means that portion of a commercial occupancy used for the transaction of business or the rendering of a service directly to the public, including shops, retail food stores, laundries or laundromats, and department stores.

Subp. 17. Room. "Room" means any indoor area bordered on all sides by a floor to ceiling wall. The sides must be continuous and solid except for closeable doors for entry and exit.

STAT AUTH: MS s 31.101; 31.11; 144.05 ; 144.08; 144.12 ; 144.411 to 144.417 ; 157.011 

HIST: 17 SR 1279; 19 SR 1128; 23 SR 519; 27 SR 407

4620.0200 [repealed, 19 sr 1128]

Smoking is prohibited in all sections of public places or public meetings except in areas designated as smoking-permitted areas. The responsible person must arrange for an acceptable nonsmoking area. The size and location of a smoking-permitted area must minimize environmental tobacco smoke in any adjacent acceptable nonsmoking area according to parts 4620.0050 to 4620.1450 .

STAT AUTH: MS s 144.411 to 144.417

HIST: 19 SR 1128; 27 SR 407

Subpart 1. Smoking-permitted area in one room. If smoking is to be permitted in an area of a public place or public meeting, the responsible person must designate the area as "smoking-permitted." One and only one smoking-permitted area may be designated per room. However, rooms containing at least 20,000 square feet (1,858 square meters) in total floor space may designate no more than one smoking-permitted area per 20,000 square feet, or fraction thereof, and shall otherwise comply with parts 4620.0050 to 4620.1450 .

Subp. 2. Smoking-permitted area in two or more rooms. In a public place that contains two or more rooms used for the same activity, the responsible person may designate one entire room as smoking-permitted as long as at least one other comparable room has been designated as an acceptable nonsmoking area.

Subp. 3. Acceptable nonsmoking area within a room. In the case of a public place consisting of a single room in which a smoking-permitted area is designated, the responsible person is responsible for reserving and clearly designating an acceptable nonsmoking area on one side of the room. The responsible person must make reasonable efforts to prevent smoking in nonsmoking areas.

Subp. 4. Size of the area. The size of the designated smoking-permitted area must not be more than proportionate to the preference of users of that location for a smoking-permitted area, as can be demonstrated by a responsible person. The proportional preference of users of a smoking-permitted area in that location may be demonstrated by the responsible person by evidence of any of the following:

A. the percent of users of the location who express a preference for a smoking-permitted area when the responsible person asks all users for their preference;

B. the percent of users of the location who request or select a smoking-permitted area when the responsible person does not ask all users for their preference; or

C. the percent of users who are determined by the responsible person to prefer a smoking-permitted area by an alternate method that reasonably indicates the users' preference.

Subp. 5. Private enclosed office. Smoking is permitted in a private enclosed office if the door is kept closed while smoking occurs.

STAT AUTH: MS s 144.411 to 144.417

Subpart 1. Posting. To advise persons of the existence of acceptable nonsmoking and smoking-permitted areas, "No Smoking" and "Smoking Permitted" signs must be posted according to this part. In addition, the statement "Smoking is prohibited except in designated areas" or a similar statement must be conspicuously posted on or immediately inside of all outside entrances to a public place.

Subp. 2. Statement on sign. All signs used to identify a location where the responsible person prohibits smoking in an entire public place or public meeting must use the statement, "No smoking is permitted in this entire establishment" or a similar statement. The sign must be conspicuously posted either on or immediately inside of all outside entrances to the public place. All signs used to identify a smoking-permitted area must use the words "smoking permitted" or the international smoking symbol, or both. Signs that are used to identify an acceptable nonsmoking area must use the words "no smoking" or the international no-smoking symbol, or both.

Subp. 3. Placement of sign. All signs used to identify smoking-permitted and acceptable nonsmoking areas must be placed at a height and location easily seen by a person in the establishment and must not be obscured in any way. In areas where signs have to be read from a distance, the following are minimum lettering and symbol sizes that must be used: Farthest distance from which sign Height of Diameter of outer is to be read: lettering: circle on symbol: Up to: 75 feet 1.5 inches 4 inches 150 feet 4 inches 6 inches 200 feet 6 inches 10 inches 350 feet 8 inches 15 inches 500 feet 12 inches 18 inches

The boundary between an acceptable nonsmoking area and a smoking-permitted area must be clearly designated so a person can differentiate between the two areas.

Subp. 4. Size of lettering. Signs used on tables, seats, or entrances to designate acceptable nonsmoking and smoking-permitted areas must use printed letters of not less than 0.5 inches (1.3 centimeters) in height. Whenever either of the international symbols is used, the diameter of the outer circle must not be less than three inches. The size of lettering on signs reading "Smoking Permitted" must not exceed the size of lettering on signs reading "No Smoking" in the same public place.

Subp. 5. Posting in a bar. All signs used to identify a bar that has been designated as a smoking area in its entirety must use the statement "This establishment is a smoking area in its entirety" or a similar statement. In a bar that has food service as specified in part 4620.0100, subpart 4, and that allows smoking in its entirety when food service is not available, all signs used to identify smoking-permitted areas must state "This establishment is a smoking area in its entirety except when food service is available" or a similar statement. The sign must be conspicuously posted either on or immediately inside of all outside entrances to the establishment.

Subp. 6. Posting in a restaurant or public place with controlled seating. A restaurant or other public place that has controlled seating (an employee directs patrons to seating or waiting areas) must ask each person whether that person prefers a smoking-permitted or a nonsmoking area before directing that person to a seat in the appropriate area. At least one sign advising the public of this procedure must be conspicuously posted on or immediately inside of all outside entrances to the establishment. Similarly, a restaurant or other public place that takes advance reservations must ask the person's preference for a smoking-permitted or nonsmoking area at the time the reservation is made. A restaurant or other public place that uses controlled seating as defined above is exempt from the sign requirements contained in subparts 3 and 4.

STAT AUTH: MS s 144.411 to 144.417

HIST: 17 SR 1279; 19 SR 1128; 27 SR 407

Portable ashtrays are banned in all acceptable nonsmoking areas. Only ash stands and permanent ashtrays may be used at or near the entrance to an acceptable nonsmoking area. Ash stands and permanent ashtrays must be conspicuously labeled with the following message or a similar statement and placed on or near the ash stand:

SMOKING IS PROHIBITED

PLEASE EXTINGUISH ALL SMOKING MATERIALS IMMEDIATELY

STAT AUTH: MS s 144.411 to 144.417

HIST: 19 SR 1128

A lunchroom or lounge must be designated as specified in this part.

A. The responsible person must designate an acceptable nonsmoking area in the lunchroom or lounge that meets demand. Amenities, such as refrigerators or microwave ovens, must be located in the nonsmoking area. The space occupied by these amenities must not be calculated as part of the square footage or percentage of area allocated to the nonsmoking seating area.

B. The demand for a nonsmoking area must be determined as specified in part 4620.0400, subpart 4, or the responsible person may designate at least 70 percent of the lunchroom or lounge as a nonsmoking area.

C. The responsible person must also provide a method of separation, as described in part 4620.0100, subpart 2, item B, between the nonsmoking and smoking-permitted areas.

D. If there are two or more lunchrooms or lounges, one may be designated as smoking-permitted in its entirety as long as at least one other comparable lunchroom or lounge is designated as nonsmoking in its entirety.

E. If there is only one lunchroom or lounge and it measures less than 200 square feet, the responsible person may alternate nonsmoking and smoking-permitted break times. Nonsmoking employees must not be required to take breaks while the lunchroom or lounge is designated as smoking-permitted in its entirety.

STAT AUTH: MS s 144.411 to 144.417

HIST: 19 SR 1128; 27 SR 407

Subpart 1. General. Smoking is prohibited in all offices, except in the following locations:

A. in a private enclosed office if the door is kept closed while smoking occurs;

B. in a designated smoking-permitted area of a lunchroom or lounge as specified in part 4620.0750; or

C. where a designated smoking-permitted area of a lunchroom or lounge is not available with the office space controlled by the responsible person, then one smoking-permitted area per 20,000 square feet, or fraction thereof, may be designated by the responsible person. One of the separation methods specified in part 4620.0100, subpart 2, item B, must be provided between the nonsmoking and smoking-permitted areas.

Subp. 2. Expiration date. This part expires on September 23, 2003.

STAT AUTH: MS s 144.411 to 144.417

HIST: 19 SR 1128; 27 SR 407

Subpart 1. General. Smoking is prohibited in all offices and factories, warehouses, or similar places of work, except:

A. in a private enclosed office if the door is kept closed while smoking occurs and it meets the requirements of subpart 2, items B to E;

B. in a designated smoking-permitted area of a lunchroom or lounge that complies with subitems (1) to (4) and meets the requirements of subpart 2, items B to E:

(1) the responsible person must designate a nonsmoking area in the lunchroom or lounge that meets demand. Amenities, such as refrigerators or microwave ovens, must be located in the nonsmoking area. The space occupied by the amenities must not be calculated as part of the percentage of area allocated to the nonsmoking seating area;

(2) the responsible person must determine the demand for a nonsmoking area according to part 4620.0400, subpart 4, or may designate at least 70 percent of the lunchroom or lounge as a nonsmoking area;

(3) if there are two or more lunchrooms or lounges, one may be designated as smoking-permitted in its entirety as long as at least one other comparable lunchroom or lounge is designated as nonsmoking in its entirety; and

(4) if there is only one lunchroom or lounge and it measures less than 200 square feet, the responsible person may alternate nonsmoking and smoking-permitted break times. Nonsmoking employees must not be required to take breaks while the lunchroom or lounge is designated as smoking-permitted in its entirety; or

C. when a lunchroom or lounge is not available with the space controlled by the responsible person, the responsible person may designate one smoking-permitted area per 20,000 square feet, or fraction thereof. If smoking-permitted areas are designated, the responsible person must comply with subpart 2, items B to E.

Subp. 2. Smoking-permitted area requirements.

A. A smoking-permitted area in an office or a factory, warehouse, or similar place of work must be designed and operated according to items B to E. Documentation of items B to E must be made available to the commissioner upon request.

B. The area must be maintained at a negative pressure with respect to adjacent or connected nonsmoking areas, as verified by a professional engineer licensed in the state or an individual certified by the National Environmental Balancing Bureau or the American Air Balance Council. The commissioner shall accept documentation of a negative pressure relationship that has been verified within the previous 12 months, provided changes affecting the operation of the ventilation system have not been made.

C. Air from a smoking-permitted area must not be recirculated into a nonsmoking area.

D. Air from the smoking-permitted area must be exhausted directly to the outdoors.

E. The area must be equipped with one of the following:

(1) a continuous physical barrier with closed doors, except to permit necessary ingress and egress, that separates the smoking-permitted area from adjacent or connected nonsmoking areas; or

(2) an air distribution system that is designed and operated to ensure a unidirectional airflow from adjacent or connected nonsmoking areas into the smoking-permitted area, as verified by an individual certified by the National Environmental Balancing Bureau or the Associated Air Balance Council. The commissioner shall accept documentation of unidirectional airflow that has been verified within the previous 12 months, provided changes affecting the operation of the ventilation system have not been made.

Subp. 3. Effective date. This part is effective September 23, 2003.

STAT AUTH: MS s 144.417

HIST: 27 SR 407

Subpart 1. Conditions. To avoid the restriction specified in subpart 2, in a factory, warehouse, or similar place of work, employees must be:

A. provided outdoor air requirements for ventilation of not less than 15 cubic feet per minute per person during occupied hours; and

B. stationed at least four feet apart.

Documentation of the ventilation rate in item A must be verified by an individual certified by the National Environmental Balancing Bureau or the Associated Air Balance Council. The commissioner will accept a ventilation rate specified in item A which has been verified within the previous 12 months provided changes affecting the operation of the ventilation system have not been made.

Subp. 2. Restriction. If the conditions specified in subpart 1, items A and B, cannot be met, then smoking must be restricted in a factory, warehouse, or similar place of work to the following locations:

A. a private enclosed office if the door is kept closed while smoking occurs;

B. the designated smoking-permitted area of a lunchroom or lounge as specified in part 4620.0750; or

C. where a designated smoking-permitted area of a lunchroom or lounge is not available with the factory or warehouse space controlled by the responsible person, then one smoking-permitted area per 20,000 square feet, or fraction thereof, may be designated by the responsible person. One of the separation methods specified in part 4620.0100, subpart 2, item B, must be provided between the nonsmoking and smoking-permitted areas.

Subp. 3. Expiration date. This part expires on September 23, 2003.

STAT AUTH: MS s 144.411 to 144.417

HIST: 19 SR 1128; 27 SR 407

During its hours of operation, a restaurant shall be in compliance with parts 4620.0500 to 4620.1450 if 30 percent of the seats in the eating area are designated as "Smoking Prohibited."

When a facility contains both a restaurant and a bar and the restaurant and bar are in separate rooms, and both the restaurant and bar have food service available to patrons, then:

A. the responsible person must calculate the total seating for both the restaurant and bar;

B. the responsible person must determine 30 percent of the total seating in item A to be designated as nonsmoking seating; and

C. the responsible person may locate the required 30 percent nonsmoking seating entirely in the restaurant, entirely in the bar, or allocate part of the 30 percent in the bar and part of the 30 percent in the restaurant.

STAT AUTH: MS s 144.411 to 144.417

HIST: 19 SR 1128

During the hours of operation when food service is available to patrons that requires licensure as a restaurant under Minnesota Statutes, chapter 157, and as a food establishment under part 4626.0020, subpart 35, a bar must provide the same percent or greater of nonsmoking seating as required for restaurants in part 4620.1000. During the hours of operation when a bar does not make such food service available, the bar may be designated as smoking-permitted in its entirety.

STAT AUTH: MS s 31.101; 31.11; 144.05 ; 144.08; 144.12 ; 144.411 to 144.417; 157.011

HIST: 19 SR 1128; 23 SR 519

No person is permitted to smoke in a public conveyance except in designated smoking areas. Smoking-permitted sections may be designated in any public conveyance with a capacity of ten or more persons including the driver. A public conveyance with a capacity of less than ten persons may be considered to be a smoking area in its entirety if the driver and all passengers expressly consent.

STAT AUTH: MS s 144.415; 144.417

Subpart 1. Chemical dependency and mental health patients. Smoking by a patient in a licensed chemical dependency treatment program or licensed mental health program located in a hospital, health care clinic, doctor's office, or other health care-related facility is only permitted in a separated room ventilated at a rate of 60 cubic feet per minute per person under the conditions specified in Minnesota Statutes, section 144.414, subdivision 3, paragraph (b).

Subp. 2. Smoking in a nursing home, boarding care facility. Smoking-permitted areas in nursing homes are regulated according to part 4658.4520. Smoking-permitted areas in boarding care facilities are regulated according to part 4660.9940, subpart 2. If a smoking-permitted area is provided, a comparable nonsmoking area must also be provided. Smoking in a nursing home, boarding care facility, or other licensed residential facility is permitted in a patient or resident room if the procedures in item A or B are followed.

A. The responsible person must ask all prospective patients or residents or a person authorized to represent the patient or resident whether a smoking-permitted or nonsmoking room is preferred. The responsible person must assign rooms according to this preference when space is available. When space is not available in a nonsmoking room and a person is admitted to a room originally designated for smoking, smoking must be prohibited in that room unless expressly permitted by the nonsmoker.

B. If the responsible person does not assign patient or resident rooms according to the smoking preference of the patient or resident, smoking must be prohibited in all such rooms except rooms occupied exclusively by persons who smoke or persons who express permission for smoking.

Visitors and staff must be prohibited from smoking in patient or resident rooms.

STAT AUTH: MS s 144.411 to 144.417

HIST: 19 SR 1128; 27 SR 407

No person may smoke in hotels, motels, and resorts except in designated smoking areas. This prohibition does not apply to sleeping rooms which are rented to a guest.

STAT AUTH: MS s 144.415; 144.417

Subpart 1. General. Common areas are areas used by both nonsmokers and smokers such as entry or exit areas, lobby areas, ticket areas, registration areas, common traffic areas, common areas of rental apartment buildings, or similar sections of public places. These common areas must not be designated in their entirety as a smoking-permitted area if nonsmokers would be required to use the area to participate in activities for which the public space is intended. Parts 4620.0050 to 4620.1450 shall not be construed to prevent designation of a smoking-permitted area in a portion of the establishment which nonsmokers must briefly cross to reach the intended activity.

Subp. 2. Elevators. Elevators must be designated smoking prohibited in their entirety.

Subp. 3. Restrooms. Smoking is prohibited in restrooms of office buildings, factories, warehouses, and similar places of work.

STAT AUTH: MS s 144.411 to 144.417

HIST: 19 SR 1128

Smoking is prohibited in all customer areas of retail stores, except for designated smoking areas. To allow smoking in a smoking-permitted area, the same goods and services must be available in a nonsmoking area. Smoking-permitted areas must be designated according to part 4620.0400. Smoking-permitted areas for employees may be designated according to parts 4620.0400 and 4620.0750. However, designated smoking-permitted areas for employees must be separate from all customer areas. When a restaurant is located within a retail store, that space licensed as a restaurant must comply with the provisions of part 4620.1000.

STAT AUTH: MS s 144.411 to 144.417

HIST: 19 SR 1128

The commissioner shall grant variances to parts 4620.0100 to 4620.1450, except part 4620.0300, only according to the procedures and criteria specified in parts 4717.7000  to 4717.7050.

STAT AUTH: MS s 14.05; 144.417

HIST: 15 SR 1597; 27 SR 407

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