Georgia Coastal Health District

Georgia Smokefree Air Act Complaints: Injunctive Relief

If it is determined the violation has not been corrected after the Second Violation Letter is sent, a Final Violation Notice may be issued within 10 days and a written request submitted to legal counsel to address non-compliance.

Counsel is instructed to file Petition no later than (time frame to be determined by the CBOH) days following receipt of the file. All evidence should be included in the file, including, but not limited to complaint form, photographs, all notice letters, correspondence, and witnesses’ contact information.

A hearing on the Petition for Injunctive relief will be held. Upon the conclusion of the hearing, the Court order is placed in the Local Board’s file with a copy forwarded to the CBOH and the Georgia Department of Public Health Chronic Disease Prevention Section.

If the Court grants the injunction and the business fails to abide by the terms of the order, forward the file to local counsel to proceed with a contempt action.

Key Focus Areas for CBOH Duly Authorized Agent(s)/designees to consider when enforcing the law:

Hours of Operation/Designating Smoking Status

All non-exempt public places must declare their smoking status by posting the appropriate signage.  All businesses and public places must post signage designating the business as:

1. No smoking
2. Smoking Is Allowed
3. Smoking Is Allowed, No One Under the Age of 18 Permitted

All businesses and public places applying for a business license with the State must designate the smoking status of the business on the application and inform the public upon opening with the appropriate signage. If a public place is a non-smoking facility, it must remain non-smoking 24 hours a day, 7 days a week.

Signage

All public places must obtain appropriate signage for the smoking designation of the facility. The following specifications must be met to comply with the requirements related to “No Smoking” signs:

1. Visibility. “No Smoking” signs or signs bearing the international ‘No Smoking’ symbol shall be easily readable, be conspicuously posted, and shall not be obscured in any way.
   
2. Format. The words ‘No Smoking’ ‘Smoking Permitted’, ‘Smoking Permitted, No One Under the Age of 18 Allowed’, and ‘No Smoking Beyond this Point’ shall not be less than 1.5 inches in height. These signs shall bear the applicable annotated code section, ‘O.C.G.A.§ 31-12A-1 et seq.’.
   
3. Smokefree Public Place. In a public place where smoking is prohibited, the building owner, agent, operator, person in charge or proprietor shall conspicuously post a sign bearing the words ‘No Smoking’ or conspicuously post the international ‘No Smoking’ symbol on all entrances or in a position clearly visible on entry into the place.
   
4. Smoking Area in a Public Place. In a public place where smoking is allowed in an enclosed area, the building owner, agent, operator, person in charge, or proprietor shall conspicuously post a sign bearing the words ‘Smoking Permitted, No One Under the Age of 18 Allowed’ on all entrances or in a position clearly visible on entry into the place. Such a sign must be posted if the exit of an area that allows smoking serves as an entrance to a smoke free area. The smoke free area must bear a sign with the international ‘No Smoking’ symbol.
   
5. Exempt status. The building owner, agent, operator, person in charge, or proprietor of a public or private place that is exempt from the Act shall conspicuously post a sign using the words ‘Smoking Permitted, No One Under the Age of 18 Allowed’ on all entrances or in a position clearly visible on entry into the place. A private residence is not required to comply with this provision unless such residence is used as a licensed childcare, adult day care, or health care facility.

Ventilation Systems and Separate Ventilated Rooms

The building owner, agent, operator, person in charge, or proprietor of a public place that desires to allow smoking must have a separate ventilation system for the designated enclosed area. Certification that the ventilation or air handling system serving the enclosed area meets the requirements as set for in the Act (see Rules of DHR Smokefree Air Act of 2005) must be obtained from a contractor licensed by the State of Georgia or from an appropriately certified professional. All public places allowing smoking in designated rooms without separate ventilation systems are in violation of this Act and subject to injunctive relief.

Reasonable Distance/Outdoor Smoking Areas

Smoking is prohibited at entrances, doorways, exits, windows, vents, or intake systems of a building where smoking is prohibited. Violations under this section are subject to injunctive relief. Smoking is allowed in outdoor smoking areas, but outdoor areas designated for smoking must be a reasonable distance from entrances, doorways, exits, windows, vents, or intake systems.

1. Reasonable Distance. The building owner, agent, operator, person in charge, or proprietor of a public place may designate an outdoor smoking area that is located a reasonable distance from any entrance, exit, window, vent, or air intake system of a building where smoking is prohibited.
   
   a. If the location of an entrance, exit, window, vent, or air intake system of a building where smoking is prohibited or if the location of a barrier, such as a wall, property line, parking lot, or street makes the reasonable distance requirement impossible to meet, then the building owner, agent, operator, person in charge or proprietor of a public place shall maximize the distance between the outdoor smoking area and the entrance, exit, window, or air intake system of a building where smoking is prohibited.
   
2. Ashtrays. Any ashtrays located in an outdoor smoking area shall be placed a reasonable distance from any entrance, exit, window, vent, or air intake system.