Okla. Stat. tit. 21, § 21-1247

educational facilities prohibited - Exemptions - Penalty.

A. The possession of lighted tobacco in any form is a public

nuisance and dangerous to public health and is hereby prohibited

when such possession is in any indoor place used by or open to the

public, all parts of a zoo to which the public may be admitted,

whether indoors or outdoors, public transportation or any indoor

workplace, except where specifically allowed by law. Commercial

airport operators may prohibit the use of lighted tobacco or lighted

marijuana or the vaping of marijuana in any area that is open to or

used by the public whether located indoors or outdoors, provided

that the outdoor area is within one hundred seventy-five (175) feet

from an entrance.

As used in this section, "indoor workplace" means any indoor

place of employment or employment-type service for or at the request

of another individual or individuals, or any public or private

entity, whether part-time or full-time and whether for compensation

or not. Such services shall include, without limitation, any

service performed by an owner, employee, independent contractor,

agent, partner, proprietor, manager, officer, director, apprentice,

trainee, associate, servant or volunteer. An indoor workplace

includes work areas, employee lounges, restrooms, conference rooms,

classrooms, employee cafeterias, hallways, any other spaces used or

visited by employees and all space between a floor and ceiling that

is predominantly or totally enclosed by walls or windows, regardless

of doors, doorways, open or closed windows, stairways or the like.

The provisions of this section shall apply to such indoor workplace

at any given time, whether or not work is being performed.

B. All buildings and other properties, or portions thereof,

owned or operated by this state shall be designated as nonsmoking.

The tobacco smoking provisions of this subsection shall not apply to

veterans centers operated by this state pursuant to the provisions

of Section 221 et seq. of Title 72 of the Oklahoma Statutes, which

shall be designated nonsmoking effective January 1, 2015, at which

Oklahoma Statutes - Title 21. Crimes and Punishments Page 546

time veterans centers may establish outdoor designated smoking areas

for resident veterans only. Smoking tobacco shall only be allowed

in designated outdoor smoking areas.

C. Any building, property or portion of any building or

property owned or operated by a county or municipal government, or

any trust or authority with a county or municipal government as the

beneficiary, at the discretion of the county or municipal governing

body, may be designated as a smoke-free location. For the purposes

of this subsection, "smoke-free location" means a location where the

use of tobacco, nicotine, marijuana or other lawful products

consumed in a smoked or vaporized manner are prohibited.

D. All educational facilities or portions thereof as defined in

the Smoking in Public Places and Indoor Workplaces Act and all

educational facilities as defined in the 24/7 Tobacco-free Schools

Act shall be designated as nonsmoking as provided for in Section 1-

1523 of Title 63 of the Oklahoma Statutes. All campuses, buildings

and grounds, or portions thereof, owned or operated by an

institution within The Oklahoma State System of Higher Education may

be designated as tobacco and marijuana free including smoking or

smokeless tobacco or smokable or vaporable marijuana, by the

institution upon adoption of a policy stating the restrictions for

the institution and an intent to enforce the penalty for violations

as set forth in subsection M of this section.

E. No tobacco or marijuana smoking or marijuana vaping shall be

allowed within twenty-five (25) feet of the entrance or exit of any

building specified in subsection B, C or D of this section.

F. The restrictions on tobacco smoking provided in this section
ing the restrictions for

the institution and an intent to enforce the penalty for violations

as set forth in subsection M of this section.

E. No tobacco or marijuana smoking or marijuana vaping shall be

allowed within twenty-five (25) feet of the entrance or exit of any

building specified in subsection B, C or D of this section.

F. The restrictions on tobacco smoking provided in this section

shall not apply to stand-alone bars, stand-alone taverns and cigar

bars as defined in Section 1-1522 of Title 63 of the Oklahoma

Statutes.

G. The restrictions on tobacco smoking provided in this section

shall not apply to the following:

1. The room or rooms where licensed charitable bingo games are

being operated, but only during the hours of operation of such

games;

2. Up to twenty-five percent (25%) of the guest rooms at a

hotel or other lodging establishment;

3. Retail tobacco stores predominantly engaged in the sale of

tobacco products and accessories and in which the sale of other

products is merely incidental and in which no food or beverage is

sold or served for consumption on the premises;

4. Workplaces where only the owner or operator of the

workplace, or the immediate family of the owner or operator,

performs any work in the workplace, and the workplace has only

incidental public access. "Incidental public access" means that a

place of business has only an occasional person, who is not an

employee, present at the business to transact business or make a

Oklahoma Statutes - Title 21. Crimes and Punishments Page 547

delivery. It does not include businesses that depend on walk-in

customers for any part of their business;

5. Workplaces occupied exclusively by one or more tobacco

smokers, if the workplace has only incidental public access;

6. Private offices occupied exclusively by one or more smokers;

7. Workplaces within private residences, except that smoking

tobacco or marijuana or vaping marijuana shall not be allowed inside

any private residence that is used as a licensed child care facility

during hours of operation;

8. Medical research or treatment centers, if tobacco smoking is

integral to the research or treatment. Furthermore, the

restrictions on smoking or vaping of marijuana provided in this

section shall not apply to medical research or treatment centers, if

marijuana smoking or vaping is integral to the research or

treatment;

9. A facility operated by a post or organization of past or

present members of the Armed Forces of the United States which is

exempt from taxation pursuant to Section 501(c)(8), 501(c)(10) or

501(c)(19) of the Internal Revenue Code, 26 U.S.C., Section

501(c)(8), 501(c)(10) or 501(c)(19), when such facility is utilized

exclusively by its members and their families and for the conduct of

post or organization nonprofit operations except during an event or

activity which is open to the public; and

10. Any outdoor seating area of a restaurant; provided, smoking

tobacco or smoking or vaping marijuana shall not be allowed within

fifteen (15) feet of any exterior public doorway or any air intake

of a restaurant.

H. An employer not otherwise restricted from doing so may elect

to provide tobacco smoking rooms where no work is performed except

for cleaning and maintenance during the time the room is not in use

for tobacco smoking, provided each tobacco smoking room is fully

enclosed and exhausted directly to the outside in such a manner that

no tobacco smoke can drift or circulate into a nonsmoking area. No

exhaust from a tobacco smoking room shall be located within fifteen
de tobacco smoking rooms where no work is performed except

for cleaning and maintenance during the time the room is not in use

for tobacco smoking, provided each tobacco smoking room is fully

enclosed and exhausted directly to the outside in such a manner that

no tobacco smoke can drift or circulate into a nonsmoking area. No

exhaust from a tobacco smoking room shall be located within fifteen

(15) feet of any entrance, exit or air intake.

I. If tobacco smoking is to be permitted in any space exempted

in subsection F or G of this section or in a tobacco smoking room

pursuant to subsection H of this section, such tobacco smoking space

must either occupy the entire enclosed indoor space or, if it shares

the enclosed space with any nonsmoking areas, the tobacco smoking

space shall be fully enclosed, exhausted directly to the outside

with no air from the tobacco smoking space circulated to any

nonsmoking area, and under negative air pressure so that no tobacco

smoke can drift or circulate into a nonsmoking area when a door to

an adjacent nonsmoking area is opened. Air from a tobacco smoking

room shall not be exhausted within fifteen (15) feet of any

entrance, exit or air intake. Any employer may choose a more

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restrictive tobacco smoking policy including being totally tobacco

smoke free.

J. Notwithstanding any other provision of this section, until

March 1, 2006, restaurants may have designated tobacco smoking and

nonsmoking areas or may be designated as being a totally nonsmoking

area. Beginning March 1, 2006, restaurants shall be totally

nonsmoking or may provide nonsmoking areas and designated tobacco

smoking rooms. Food and beverage may be served in such designated

tobacco smoking rooms which shall be in a location which is fully

enclosed, directly exhausted to the outside, under negative air

pressure so tobacco smoke cannot escape when a door is opened, and

no air is recirculated to nonsmoking areas of the building. No

exhaust from such room shall be located within twenty-five (25) feet

of any entrance, exit or air intake. Such room shall be subject to

verification for compliance with the provisions of this subsection

by the State Department of Health.

K. The person who owns or operates a place where tobacco

smoking or use is prohibited by law shall be responsible for posting

a sign or decal, at least four (4) inches by two (2) inches in size,

at each entrance to the building indicating that the place is smoke-

free or tobacco-free.

L. Responsibility for posting signs or decals shall be as

follows:

1. In privately owned facilities, the owner or lessee, if a

lessee is in possession of the facilities, shall be responsible;

2. In corporately owned facilities, the manager and/or

supervisor of the facility involved shall be responsible; and

3. In publicly owned facilities, the manager and/or supervisor

of the facility shall be responsible.

M. Any person who knowingly violates the provisions of this

section shall be punished by a citation and fine of not more than

One Hundred Dollars ($100.00).