Frequently Asked Questions - Clean Indoor Air Act
Effective October 1, 2026, Alabama's Clean Indoor Air Act includes electronic nicotine delivery systems (ENDS), such as e-cigarettes and vaping devices, in the definition of smoking.- Why was the law passed?
- When does the Clean Indoor Air Act take effect?
- Where can I find a copy of the law and the administrative rules?
- Does the Clean Indoor Air Act prohibit smoking and vaping?
- Where is smoking and vaping prohibited?
- In which outdoor areas are smoking and vaping prohibited?
- Can employees smoke or vape in a designated break room or in an outdoor areas?
- Do all bars and restaurants have to be
smoke- and vape-free ? - I own a bar and do not allow smoking or vaping on my patio. Does the law allow me to keep my patio smoke- and vape-free even though the law says that smoking and vaping may be allowed?
- Is smoking or vaping allowed in a cigar bar?
- At what distance from an entrance is outside smoking or vaping allowed?
- Is smoking or vaping allowed in a private residence?
- Is smoking or vaping allowed in multi-unit apartment buildings?
- Is smoking or vaping allowed when children or minors are present?
- Do "no smoking/no vaping" signs have to be posted?
- Where can I get the required signs?
- How will the Clean Indoor Air Act be enforced?
- What happens when the Alabama Department of Public Health receives a complaint?
- What are the penalties for an individual who violates the law?
- What are the penalties for a business that violates the law?
- What are my responsibilities as an employer or business owner?
- As a business owner, what do I do if I observe someone smoking or vaping in my establishment?
- Can you still smoke or vape at a public campground or on a public lake in your boat?
- How are golf courses affected by the law?
- How does the Alabama Clean Indoor Air Act apply to federal buildings and vehicles?
- What assistance is available if I want to quit smoking or vaping or for my employees who want to quit smoking or vaping?
- How are daycares/child care facilities impacted by the law?
Why was the law passed?
The Alabama Legislature enacted the Alabama Clean Indoor Air Act to protect the public and employees from exposure to secondhand smoke in covered public places and public meetings. In 2026, the Act was amended to include electronic nicotine delivery systems within the definition of smoking.
When does the Clean Indoor Air Act take effect?
The original law took effect September 1, 2003. The amended law is named the Alabama Vivian Davis Figures and Barbara Drummond Clean Indoor Air Act and was enacted on October 1, 2026.
Where can I find a copy of the law and the administrative rules?
View a copy of the law. The administrative code provides guidance on how the provisions of the law will be carried out and enforced. View a copy of the Administrative Code.
Does the Clean Indoor Air Act prohibit smoking and vaping?
The Act prohibits smoking in specified places and circumstances. Effective October 1, 2026, the definition of smoking includes the use of an electronic nicotine delivery system. Therefore, where smoking is prohibited under the Act, the use of an electronic delivery system is also prohibited, subject to the Act's applicable exceptions.
Where is smoking or vaping prohibited?
Under the Alabama Clean Indoor Air Act, smoking or vaping is not allowed in the following places, unless the area is enclosed and well-ventilated:
- Child care facilities
- Hospitals, health care clinics, doctors' offices, physical therapy facilities, and dentists' offices
- Elevators
- Buses, taxicabs, and other means of public conveyance
- Government buildings, except private offices
- Restrooms
- Service lines
- Public areas of aquariums, galleries, libraries, and museums
- Lobbies, hallways, and other common areas in apartment buildings, senior citizen residences, nursing homes, and other multiple-unit residential facilities
- Polling places
- Schools or other school facilities or enclosed school sponsored events for grades K-12
- Retail establishments, excluding restaurants, except areas in retail establishments not open to the public
- Lobbies, hallways, and other common areas in multiple-unit commercial facilities
In which outdoor areas is smoking and vaping prohibited?
The Alabama Clean Indoor Air Act does not address outdoor areas, however, there are city ordinances that may address outdoor areas.
Can employees smoke or vape in a designated break room or in an outdoor area?
The Alabama Clean Indoor Air Act states any employee shall have the right to designate his or her work area as a nonsmoking or vaping area and to post the same with an appropriate sign or signs, to be provided by the employer. Smoking or vaping is prohibited in all common work areas, unless a majority of the workers who work in that area agree that a smoking area will be designated. Any employer has the right to designate the entire place of employment smoke free. View city ordinances which may afford additional protection from secondhand smoke.
Do all bars and restaurants have to be smoke- and vape-free?
The Alabama Clean Indoor Air Act does not prohibit smoking or vaping in bars or restaurants, although designated smoking areas must be enclosed and well ventilated. No more than one fourth of the total square footage in any public place within a single enclosed area may be designated a smoking or vaping area, unless the clientele dictates otherwise. No area designated as smoking shall contain common facilities which are expected to be used by the public. Examples of common facilities include restrooms, service lines, hallways, lobbies, and elevators.
The Act further states that if any restaurant is deemed by its owner as being too small to have a designated smoking or vaping area, it shall be left up to the discretion of the owner if the facility will be a smoking or nonsmoking facility. The Administrative Code states a restaurant is too small when it seats less than 50 people and does not have existing barriers to contain toxic smoke. View city ordinances which may afford additional protection from secondhand smoke.
I own a bar and do not allow smoking or vaping on my patio. Does the law allow me to keep my patio smoke- and vape-free even though the law says that smoking or vaping may be allowed?
Yes. An owner, operator, manager, or other person having control of an area may declare the entire area as a non-smoking area.
Is smoking or vaping allowed in a cigar bar?
The Alabama Clean Indoor Air Act does not address cigar bars, however, the Act does not restrict smoking or vaping in bars or lounges. View city ordinances which may afford additional protection from secondhand smoke. View city ordinances which may afford additional protection from secondhand smoke.
At what distance from an entrance is outside smoking or vaping allowed?
The Alabama Clean Indoor Air Act does not impose distance requirements on outdoor smoking or vaping. However, many city ordinances do restrict this activity. View city ordinances which may afford additional protection from secondhand smoke.
In addition to city ordinances, most public schools, hospitals, public health departments, and mental institutions have adopted tobacco free campus policies that would prohibit tobacco use anywhere on the grounds or in the buildings they control.
Is smoking or vaping allowed in a private residence?
Smoking or vaping is allowed in a private home except when that home is used as a child care facility. Then smoking or vaping is allowed, if it is in an enclosed and well ventilated area.
Is smoking or vaping allowed in multi-unit apartment buildings?
The Alabama Clean Indoor Air Act prohibits smoking or vaping in common areas of apartment buildings, senior citizens' residences, nursing homes, and other multi-unit facilities. These common areas include: reception areas, lobbies, hallways, laundries, elevators, restrooms, stairways or stairwells, common dining facilities, mail rooms, service lines, and any other area that is expected to be used by the public. Smoking or vaping is not regulated in private apartments within a multi-unit apartment building. View city ordinances which may afford additional protection from secondhand smoke.
Is smoking or vaping allowed when children or minors are present?
The Alabama Clean Indoor Air Act does not address smoking or vaping when children or minors are present except when a private residence is a child care facility. Smoking or vaping is prohibited in child care facilities unless the area is enclosed and well ventilated. The Act also prohibits smoking or vaping at enclosed school-sponsored events, unless the area is enclosed and well ventilated.
In addition, most public schools have adopted tobacco free campus policies. View school system policies. View city ordinances which may afford additional protection from secondhand smoke.
Do "no smoking/no vaping" signs have to be posted?
The Act required covered facilities to post and maintain the signs specified by law in areas where smoking is prohibited. Because smoking now includes electronic nicotine delivery systems, facilities should review their signs and policies to ensure that employees, customers, and visitors understand that vaping is also prohibited where required.
Where can I get the required signs?
Signs which meet the requirements of the Alabama Clean Indoor Air Act can be downloaded here. Customized signs or signs suitable for outdoor use should be ordered from private vendors. Please note municipalities may have additional signage requirements. View city ordinances.
How will the Clean Indoor Air Act be enforced?
ADPH receives and investigates complaints concerning possible violations of the Act. Complaints may be referred to appropriate law enforcement authorities when applicable. Enforcement procedures and available remedies are governed by the statute, administrative rules, and applicable local ordinances.
What happens when the Alabama Department of Public Health receives a complaint?
If the individual who filed the complaint leaves contact information, ADPH will contact them to further investigate the details of the complaint. ADPH will then conduct a site visit to investigate the complaint. If a violation is observed, the ADPH will issue a "notice of violation" to the person in charge of the facility and provide information regarding how the person in charge can come into compliance with the Alabama Clean Indoor Air Act.
The location will be reinspected within 40 days to ensure changes were implemented to come into compliance with the Act. ADPH will also review any relevant city smoke free ordinances to relay complaint information to the appropriate city official.
What are the penalties for an individual who violates the law?
A person who smokes or vapes in a non-smoking area may receive a citation and civil fine of $25 from a law enforcement official. Additional municipal penalties may also apply, as indicted in the relevant city smoke free ordinance. View city ordinances.
What are the penalties for a business that violates the law?
A business that violates the law may receive a civil fine of $50 for a first offense, up to $100 for a second offense (within a year), and up to $200 for the third and subsequent offense (within a year). Additional municipal penalties may also apply, as indicted in the relevant city smoke free ordinance. View city ordinances.
What are my responsibilities as an employer or business owner?
An employer, business owner or manager must not permit smoking or vaping in areas where smoking is prohibited by the Alabama Clean Indoor Air law. To meet this responsibility, an employer must post signs that meet the requirements of the law at every entrance to a non-smoking area. City smoke free ordinances may require additional responsibilities. View city ordinances.
As a business owner, what do I do if I observe someone smoking or vaping in my establishment?
The owner or person in control of the business must inform the individual who is smoking or vaping that smoking or vaping is not permitted in that area by law. City smoke free ordinances may provide additional guidance. View city ordinances.
Can you still smoke or vape at a public campground or on a public lake in your boat?
Under the Alabama Clean Indoor Air Act, smoking or vaping is allowed on hiking trails, at campsites or campfires, and on lakes, rivers or other bodies of water. However, nothing prohibits any owner, operator, manager, or other person having custody or control of a public campground from declaring the entire area or property a non-smoking place. View city ordinances which may afford additional protection from secondhand smoke.
How are golf courses affected by the law?
Under the Alabama Clean Indoor Air Act, the course of play of a golf course is not required to be smoke- or vape-free. However, nothing prohibits any owner, operator, manager, or other person having custody or control of a golf course from declaring the entire area or property a non-smoking place. View city ordinances which may afford additional protection from secondhand smoke.
How does the Alabama Clean Indoor Air Act apply to federal buildings and vehicles?
The Alabama Clean Indoor Air Act does not apply to federally-owned buildings, grounds, or vehicles. However, federal law may prohibit smoking on federally owned property.
What assistance is available if I want to quit smoking or vaping?
The Alabama Tobacco Quitline provides free smoking cessation services to all Alabamians. The Quitline offers free counseling and up to 8 weeks of free nicotine replacement therapy patches. Call 1-800-QUIT-NOW (1-800-784-8669), text “Ready” to 21586, or visit Alabama QuitNow for more information.
How are daycares/child care facilities impacted by the law?
Under the Alabama Clean Indoor Air Act, smoking and vaping is prohibited in any enclosed areas of a daycare or child care facility, including those in private residences, unless the area is well ventilated. View city ordinances which may afford additional protection from secondhand smoke.
Page last updated: October 19, 2026
