Non-Smoker Protection Act

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Non-Smoker Protection Act

Reference Number: MTAS-1232
Reviewed Date: 09/04/2026

Overview
The Tennessee Non-Smoker Protection Act bans smoking in enclosed public places, including city workplaces. Since July 1, 2022, the definition of smoking also covers vapor products (e-cigarettes and other vaping devices).

What the law covers
Public Chapter 410 created Part 18 of T.C.A. Title 39, Chapter 17. It took effect for rulemaking on June 11, 2007, and cities had to comply by October 1, 2007. Almost every public and private employer in Tennessee must follow the ban. A "place of employment" is any enclosed area under an employer's control where employees regularly work. Examples include offices, lounges, restrooms, conference rooms, classrooms, hallways, cafeterias, and vehicles. A private residence is not a place of employment unless it is used as a child care, adult day care, or health care facility.

Enclosed public places where smoking is prohibited
Under T.C.A. § 39-17-1803, smoking is banned in enclosed public places, including:

  • Aquariums, galleries, libraries, and museums
  • Public areas of businesses and nonprofits (banks, laundromats, factories, professional offices, retail stores)
  • Child care and adult day care facilities
  • Convention facilities
  • Public and private educational facilities (with the exception in § 49-7-135)
  • Elevators
  • Health care facilities
  • Hotels and motels
  • Common areas of multi-unit residential buildings (apartments, condos, trailer parks, nursing homes)
  • Polling places
  • Public and private transportation facilities (trains, buses, taxis, airports, transit depots)
  • Restaurants
  • Restrooms, lobbies, reception areas, hallways, and common-use areas
  • Retail stores and shopping malls
  • Meeting rooms of state or local government bodies
  • Service lines
  • Sports arenas (including enclosed spaces in outdoor arenas)
  • Theaters and other performance venues

What counts as smoking (updated 2022)
Public Chapter 1110 (2022), effective July 1, 2022, moved and expanded the definition of "smoking." It now appears at T.C.A. § 39-17-1802(18) and has two parts:

  • Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form.
  • Using a vapor product that delivers aerosolized or vaporized nicotine, or any other substance, to the person inhaling from the device.
    This means vaping is prohibited in enclosed public places and places of employment as a matter of state law. Cities no longer need a separate local policy to keep e-cigarettes out of city buildings and enclosed vehicles.

Exceptions
T.C.A. § 39-17-1804 lists exceptions, though only a few apply to city-owned facilities:

  • Private residences (unless used as a licensed child care, adult day care, or health care facility, or as a taxi or commercial vehicle for hire)
  • Commercial vehicles occupied solely by the operator
  • Hotel and motel rooms designated as smoking rooms
  • Retail tobacco stores and retail vapor product stores that limit patrons to persons 21 or older (the vapor store exemption was added by Public Chapter 1110 in 2022)
  • Non-enclosed outdoor areas where smoke is not expected to enter no-smoking areas (open patios, porches, decks, garage-door enclosures, tents with removable sides)
  • Enclosed smoking areas that are physically separated and independently ventilated from no-smoking areas
  • Venues that restrict access to persons 21 or older (Tennessee raised the tobacco age to 21 in 2020 alignment with federal Tobacco 21 under T.C.A. §§ 39-17-1504, 39-17-1505)
  • Cigar bars
  • Private clubs
  • Small private businesses (three or fewer employees) where smoking is confined to areas not open to the public
  • Private vehicles (unless used to transport children, patients, or for hire)
  • Premises of tobacco manufacturers, importers, wholesalers, leaf dealers, and tobacco storage facilities

Signs
Cities must post "No Smoking" signs, or the international no-smoking symbol, at every entrance to a public place or place of employment where smoking is prohibited.

Enforcement and penalties
The Tennessee Department of Health and the Tennessee Department of Labor and Workforce Development enforce the ban. Under T.C.A. § 39-17-1807, a person who smokes in a prohibited place is subject to a $50 civil penalty. An owner or manager who violates the law receives a written warning for the first violation, a $100 penalty for a second violation in 12 months, and a $500 penalty for a third or later violation in 12 months.

Frequently asked questions

Q: Does the law set a minimum distance for smokers from a building entrance?
A: No. The Act does not set a distance requirement. Cities may adopt guidelines. Smoke should not enter the building when a door opens.

Q: Do e-cigarettes and other vaping devices fall under the workplace ban?
A: Yes. Since July 1, 2022, Public Chapter 1110 expanded the definition of smoking in T.C.A. § 39-17-1802(18) to include the use of any vapor product that delivers aerosolized or vaporized nicotine or other substances. Vaping is now banned in enclosed public places and places of employment by state law. Cities may still adopt stricter policies (for example, prohibiting vaping in outdoor areas near entrances) so long as those policies do not conflict with state law.

Statutory anchors

  • T.C.A. §§ 39-17-1801 through 39-17-1810 (Non-Smoker Protection Act)
  • T.C.A. § 39-17-1802(18) (definition of smoking, including vapor products)
  • T.C.A. § 39-17-1803 (public places where smoking is prohibited)
  • T.C.A. § 39-17-1804 (exceptions)
  • T.C.A. § 39-17-1807 (penalties)
  • T.C.A. §§ 39-17-1504, 39-17-1505 (Tennessee tobacco/vapor purchase age of 21)
  • Public Chapter 410 (2007) (original Act)
  • Public Chapter 1110 (2022) (added vapor products to definition of smoking)
     

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