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Where Nobody May Smoke

ORS 433.845 — no smoking or vaping in a public place or workplace, or within 10 feet of its doors and windows

Inside, and 10 feet out. No one may smoke, aerosolize or vaporize an inhalant, or carry a lighted smoking instrument, in a public place or place of employment, or within 10 feet of its entrances, exits, windows that open, or ventilation intakes serving an enclosed area.

  • ORS 433.845
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An employer provides a workplace free of smoke, aerosols and vapors, may not let employees smoke or vape there, and posts signs about the law. A place of employment is an enclosed area an employer controls, including vehicles used for work by more than one employee, but not a private residence unless it is used as a child care or adult day care facility. A public place is an enclosed area open to the public.

  • ORS 433.850
  • ORS 433.835
  • Up to 25 percent of a hotel's or motel's sleeping rooms.
  • Traditional ceremonies under the American Indian Religious Freedom Act.
  • Tobacco in a certified smoke shop, and cigars in a qualifying cigar bar.
  • A performer in a scripted production, with nothing containing tobacco, nicotine or cannabis.
  • ORS 433.850

Those are the exceptions the law allows. The Oregon Health Authority may impose a civil penalty of up to $500 per day for each violation, and responds to complaints. Local rules may go further. Questions about a particular place are for the authority or a licensed Oregon attorney.

  • ORS 433.855
Sources for this section (4)
  1. ORS 433.845 — Prohibition on aerosolizing, smoking or vaporizing in public place or place of employment
  2. ORS 433.850 — Prohibition on aerosolizing, smoking or vaporizing in place of employment
  3. ORS 433.835 — Definitions for ORS 433.835 to 433.875
  4. ORS 433.855 — Duties of Oregon Health Authority

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.

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