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Clean Indoor Air Act

 

The Nebraska Clean Indoor Air Act of 2008 required indoor workplaces in Nebraska to be smoke-free as of June 1, 2009. The purpose of the Act is to protect the public health and welfare by prohibiting smoking in public places and places of employment.

The Act eliminates smoking in enclosed indoor workspaces including restaurants, bars, keno establishments, other workplaces (retail/office space, manufacturing, etc.) and indoor public places.

PDF Summary of  the Law  PDF Summary of the Law in Spanish

PDF Rules and Regulations

PDF Outdoor Area Compliance Guidance Document

PDF Nebraska Fire Marshal's Office Construction and Safety Guidelines

Inspections
Inspections of facilities can be conducted by either a local or state health department in response to a complaint. An inspector will determine:

  1. if an indoor public place or place of employment is entirely smoke-free and
  2. if an outdoor smoking area meets the guidelines.

Penalties
A person who smokes in a place of employment or a public place in violation of the Nebraska Clean Indoor Air Act is guilty of a Class V misdemeanor for the first offense and a Class IV misdemeanor for the second and any subsequent offenses.

A proprietor who fails, neglects, or refuses to perform a duty under the Nebraska Clean Indoor Air Act is guilty of a Class V misdemeanor for the first offense and a Class IV misdemeanor for the second and any subsequent offenses.

Updated: October 20, 2017