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Home » US Law » 2022 Georgia Code » Title 31 - Health » Chapter 12A - Smoke-Free Air

§ 31-12A-1. Short Title

This chapter shall be known and may be cited as the “Georgia Smoke-free Air Act of 2005.” History. Code 1981, § 31-12A-1 , enacted by Ga. L. 2005, p. 1184, § 2/SB 90. Code Commission notes. Pursuant to Code Section § 28-9-5 , in 2019, “Smoke-free” was substituted for “Smokefree” near the end of this […]

§ 31-12A-10. Enforcement by the Department of Public Health and County Boards of Health

The Department of Public Health and the county boards of health and their duly authorized agents are authorized and empowered to enforce compliance with this chapter and the rules and regulations adopted and promulgated under this chapter and, in connection therewith, to enter upon and inspect the premises of any establishment or business at any […]

§ 31-12A-11. Local Operating Procedures

The county boards of health may annually request other governmental and educational agencies having facilities within the area of the local government to establish local operating procedures in cooperation and compliance with this chapter. History. Code 1981, § 31-12A-11 , enacted by Ga. L. 2005, p. 1184, § 2/SB 90.

§ 31-12A-12. Other Laws, Rules, Regulations, and Ordinances Not Prohibited

This chapter shall be cumulative to and shall not prohibit the enactment of any other general or local laws, rules, and regulations of state or local governing authorities or local ordinances prohibiting smoking which are more restrictive than this chapter or are not in direct conflict with this chapter. History. Code 1981, § 31-12A-12 , […]

§ 31-12A-13. Construction

This chapter shall not be construed to permit smoking where it is otherwise restricted by other applicable laws. Nothing in this chapter shall be construed as to repeal the provisions of Code Section 16-12-2. This chapter shall be liberally construed so as to further its purposes. History. Code 1981, § 31-12A-13 , enacted by Ga. […]

§ 31-12A-2. Definitions

As used in this chapter, the term: “Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. “Business” […]

§ 31-12A-3. Smoking Prohibited in State and Local Government Buildings

Smoking shall be prohibited in all enclosed facilities of, including buildings owned, leased, or operated by, the State of Georgia, its agencies and authorities, and any political subdivision of the state, municipal corporation, or local board or authority created by general, local, or special Act of the General Assembly or by ordinance or resolution of […]

§ 31-12A-5. Smoking Prohibited in Enclosed Areas Within Places of Employment; Required Communications

Except as otherwise specifically provided in Code Section 31-12A-6, smoking shall be prohibited in all enclosed areas within places of employment, including, but not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed facilities. Such prohibition on smoking […]

§ 31-12A-6. Exemptions

Notwithstanding any other provision of this chapter, the following areas shall be exempt from the provisions of Code Sections 31-12A-4 and 31-12A-5: Private residences, except when used as a licensed child care, adult day-care, or health care facility; Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, […]

§ 31-12A-7. Smoking Prohibited in Designated Nonsmoking Places

Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of subsection (a) of […]

§ 31-12A-8. “No Smoking” Signs; Ashtrays Prohibited in Nonsmoking Areas

“No Smoking” signs or the international “No Smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be clearly and conspicuously posted by the owner, operator, manager, or other person in control in every public place and place of employment where smoking […]

§ 31-12A-9. Public Education Program

The Department of Public Health and the agency designated by each local governing authority in this state may engage in a continuing program to explain and clarify the purposes and requirements of this chapter to citizens affected by it and to guide owners, operators, and managers in their compliance with it. The program may include […]