# COMAR Title 10 — Maryland Department of Health

## Subtitle 19 — Dangerous Devices and Substances

### Chapter 04 — Prohibition of Smoking or Vaping in Public Indoor Areas

**Authority:** Health-General Article, §§24-205 and 24-501 — 24-511, Annotated Code of Maryland

**Administrative History:** Effective date: April 21, 1978 (5:8 Md. R. 594)

**Administrative History:** Regulation .02W-1 adopted as an emergency provision effective March 26, 1979 (6:7 Md. R. 575); adopted permanently effective June 29, 1979 (6:13 Md. R. 1128)

**Administrative History:** Regulation .02PP amended as an emergency provision effective September 11, 1978 (5:9 Md. R. 1442), expired January 20, 1979; adopted permanently effective February 26, 1979 (6:4 Md. R. 277)

**Administrative History:** Regulation .02QQQ amended as an emergency provision effective April 27, 1979 (6:10 Md. R. 839) (Emergency provisions are temporary and not printed in COMAR)

**Administrative History:** Chapter revised effective May 16, 1980 (7:10 Md. R. 952)

**Administrative History:** Chapter revised effective November 23, 1981 (8:23 Md. R. 1856)

**Administrative History:** Chapter, Drug Formulary of Equivalent Drug Products, repealed effective May 16, 1988 (15:10 Md. R. 1202)

**Administrative History:** Chapter, Tobacco Smoking in Retail Stores, adopted effective February 4, 1991 (18:2 Md. R. 149)

**Administrative History:** Chapter, Tobacco Smoking in Retail Stores, repealed, and new Chapter, Prohibition of Smoking in Indoor Areas Open to the Public, adopted effective February 1, 2008 (34:26 Md. R. 2262)

**Administrative History:** Regulation .01 amended effective February 16, 2026 (53:3 Md. R. 122)

**Administrative History:** Regulation .02B amended effective February 16, 2026 (53:3 Md. R. 122)

**Administrative History:** Regulation .03C, D, F amended effective February 16, 2026 (53:3 Md. R. 122)

**Administrative History:** Regulation .04 amended effective February 16, 2026 (53:3 Md. R. 122)

**Administrative History:** Regulation .05 amended effective February 16, 2026 (53:3 Md. R. 122)

**Administrative History:** Regulation .06 amended effective February 16, 2026 (53:3 Md. R. 122)

**Administrative History:** Regulation .12 repealed effective February 16, 2026 (53:3 Md. R. 122)

#### Regulation .01 Scope.

*COMAR 10.19.04.01*

A. This chapter establishes regulations that preserve and improve the health, comfort, and environment of the people of the State by protecting the public and employees from involuntary exposure to environmental smoke in indoor areas open to the public, except for those covered by Health-General Article, §24-205, Annotated Code of Maryland.

B. Nothing in this chapter preempts a county or municipal government from enacting and enforcing more stringent measures to protect the public from involuntary exposure to environmental smoke in indoor areas open to the public.

#### Regulation .02 Definitions.

*COMAR 10.19.04.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Act” means the Clean Indoor Air Act of 2007, Health-General Article, Title 24, Subtitle 5, Annotated Code of Maryland.

  (2) “Cannabis” has the meaning stated in the Alcoholic Beverages and Cannabis Article, §1-101, Annotated Code of Maryland.

  (3) “Club” means a club as defined in Alcoholic Beverages and Cannabis Article, §1-101, Annotated Code of Maryland.

  (4) “Day care transportation” means the use of a vehicle owned, operated, or contracted for by a licensed day care facility to transport the facility's clients.

  (5) “Department” means the Maryland Department of Health.

  (6) “Electronic smoking device” has the meaning stated in Business Regulation Article, §16.7-101, Annotated Code of Maryland.

  (7) “Environmental smoke” means the complex mixture formed from the:

    (a) Smoke of a burning tobacco, cannabis, or hemp product, or exhaled by the smoker; or

    (b) Aerosol of an electronic smoking device or exhaled as electronic smoking device aerosol.

  (8) “Establishment” means a single physical location where business is conducted or where services are performed.

  (9) “Health care transportation” means transportation of patients for medical care in a vehicle owned, operated, or contracted for by a licensed health care facility.

  (10) “Health officer” means the health officer of each of the 23 counties and the Commissioner of Health in Baltimore City, the duly designated representative of the health officer, or both.

  (11) “Hemp” has the meaning stated in the Agriculture Article, §14-101, Annotated Code of Maryland.

  (12) “Indoor area” means all space in a structure or building with a ceiling that is enclosed on all sides by any combination of permanent or temporary walls, windows, or doorways, whether open or closed, or other physical barriers extending from floor to the ceiling.

  (13) “Indoor area open to the public” means:

    (a) An indoor area or a portion of an indoor area accessible to the public by either invitation or permission; or

    (b) An indoor area of an establishment licensed or permitted under the Alcoholic Beverages and Cannabis Article, Annotated Code of Maryland, for the sale or possession of alcoholic beverages.

  (14) “Owner” means an individual or entity having an ownership interest in an establishment or vehicle.

  (15) “Person in charge” means an owner, operator, manager, or other person who controls, governs, or directs the activities of an establishment.

  (16) “Public transportation of children” means the transportation of children in a vehicle owned, operated, or contracted for by a government entity or a private educational institution.

  (17) “Secretary” means the Secretary of Health or the Secretary's designee.

  (18) “Smoking” means the burning of a lighted cigarette, cigar, pipe, or another matter or substance containing, wholly or in part, tobacco, cannabis, or hemp.

  (19) “Tobacco product” has the meaning stated in Health-General Article, §13-1001, Annotated Code of Maryland.

  (20) “Vaping” means the use of:

    (a) An electronic smoking device; or

    (b) Any device through which the user inhales aerosol containing tobacco, cannabis, or hemp.

#### Regulation .03 Exclusions.

*COMAR 10.19.04.03*

This chapter does not apply to:

A. Private homes and residences, including a residence used as a business or place of employment, unless being used by a person who is licensed or registered under Family Law Article, Title 5, Subtitle 5, Annotated Code of Maryland, to provide day care or child care;

B. Private vehicles, unless being used:

  (1) For the public transportation of children; or

  (2) As part of health care or day care transportation;

C. A hotel or motel room rented to one or more guests, if the total percent of hotel or motel rooms being rented where smoking or vaping is allowed, does not exceed 25 percent of the guest rooms in the hotel or motel;

D. A retail tobacco business that is a sole proprietorship, limited liability company, corporation, partnership, or other enterprise, in which:

  (1) The primary activity is the retail sale of  tobacco products and accessories; and

  (2) The sale of other products is incidental;

E. A facility of a manufacturer, importer, wholesaler, or distributor of tobacco-containing products or a tobacco leaf dealer or processor in which employees of the manufacturer, importer, wholesaler, distributor, or processor work or congregate; and

F. A research or educational laboratory for the purpose of conducting scientific research into the health effects of environmental smoke.

#### Regulation .04 Prohibition of Smoking or Vaping.

*COMAR 10.19.04.04*

Except as provided in Regulation .03 of this chapter, an individual may not smoke or vape in:

A. An indoor area open to the public;

B. An indoor place in which a meeting is open to the public in accordance with State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland;

C. An indoor place of employment;

D. A government-owned or government-operated means of mass transportation, including:

  (1) Buses;

  (2) Vans;

  (3) Trains;

  (4) Taxicabs; and

  (5) Limousines;

E. A private home or residence that is being used by a person who is licensed or registered under Family Law Article, Title 5, Subtitle 5, Annotated Code of Maryland, to provide day care or child care; and

F. A private vehicle while it is being used:

  (1) For the public transportation of children; or

  (2) As part of health care or day care transportation.

#### Regulation .05 Owner Requirements.

*COMAR 10.19.04.05*

A. The owner of a bar, club as defined in Regulation .02B of this chapter, restaurant, pub, tavern, retail establishment, theater, concert hall, athletic facility, financial service institution, government building, educational institution, museum, or library shall:

  (1) Prohibit smoking or vaping in an indoor area open to the public; and

  (2) Post a sign indicating where smoking or vaping is prohibited as set forth in Regulation .06A of this chapter.

B. An owner of a hotel or motel shall:

  (1) Prohibit smoking or vaping in an indoor area open to the public except where smoking or vaping is permitted under Regulation .03C of this chapter; and

  (2) Post a sign indicating where smoking or vaping is permitted or prohibited, as set forth in Regulation .06B and C of this chapter.

C. An owner of a vehicle listed in Regulation .04D of this chapter shall:

  (1) Prohibit smoking or vaping in the vehicle; and

  (2) Post a sign indicating where smoking or vaping is prohibited as set forth in Regulation .06D of this chapter.

D. An owner of an establishment containing an indoor area open to the public not listed in Regulation .05A—C of this chapter shall prohibit smoking or vaping in an indoor area open to the public.

#### Regulation .06 Posting of Signs.

*COMAR 10.19.04.06*

A. An indoor area open to the public and every public entrance to an indoor area open to the public where smoking or vaping is prohibited under Regulation .05A of this chapter shall display conspicuously a “NO SMOKING OR VAPING” sign that conforms to the requirements of Regulation .06E of this chapter.

B. A hotel or motel room in which smoking or vaping is permitted shall display a sign containing the words “SMOKING OR VAPING PERMITTED IN THIS ROOM” conforming to the following requirements:

  (1) The words “SMOKING OR VAPING PERMITTED IN THIS ROOM” are in capital letters;

  (2) The background and the print are in contrasting colors; and

  (3) The letters “SMOKING OR VAPING PERMITTED IN THIS ROOM” on the sign are a minimum of 1 inch in height.

C. An indoor area open to the public and every public entrance to an indoor area open to the public where smoking is prohibited in a hotel or motel shall display conspicuously a “NO SMOKING OR VAPING” sign that conforms to the requirements of Regulation .06E of this chapter.

D. A vehicle where smoking is prohibited under Regulation .04D of this chapter shall display conspicuously a “NO SMOKING OR VAPING” sign that conforms to the requirements of Regulation .06E of this chapter.

E. Sign Requirements. A “NO SMOKING OR VAPING” sign:

  (1) Shall contain the words “NO SMOKING OR VAPING” composed of letters at least one inch in height;

  (2) May contain the following symbols:

    (a) The international symbol for “no smoking”, consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar across the circle;

    (b) The international symbol for “no smoking” and pictorial representation of an electronic smoking device enclosed in a circle with a bar across the circle or pictorial representations of an electronic smoking device and a cannabis leaf, enclosed in separate circles, with a bar across each circle;

    (c) A modified international symbol for “No Smoking”, consisting of a circle with a bar across the circle, with the circle containing pictorial representations of a burning cigarette and an electronic smoking device or electronic smoking device and a cannabis leaf; or

    (d) Any combination of §E(2)(a)—(c) of this regulation; and

  (3) May contain additional information, such as:

    (a) The words, “For information on quitting smoking, call 1-800-QUIT NOW (1-800-784-8669)”;

    (b) The words “WARNING: TOBACCO SMOKE CAUSES CANCER AND HEART DISEASE AND CAN HARM YOUR CHILD.”; or

    (c) The words “WARNING: CANNABIS SMOKE CAN HARM LUNG TISSUE AND HAS MANY OF THE SAME CARCINOGENS AS TOBACCO SMOKE.”

F. The owner or person in charge shall ensure that a sign required under this regulation is conspicuously posted and in good condition.

#### Regulation .07 Complaints and Investigations.

*COMAR 10.19.04.07*

A. A person may register a complaint of a violation of a requirement of this chapter by means of:

  (1) A written complaint to the health officer in the jurisdiction where the alleged violation took place; or

  (2) A telephone complaint to the health officer in the jurisdiction where the alleged violation took place.

B. The Department shall make available a complaint form at the Department's website and at a local health department.

C. Upon receipt of a complaint, the health officer or the health officer's designee shall:

  (1) Record the complaint on the complaint form; and

  (2) Investigate the complaint.

#### Regulation .08 Enforcement.

*COMAR 10.19.04.08*

A. A health officer or the health officer's designee may investigate conditions relative to the enforcement of this chapter.

B. The person in charge of an establishment shall permit a health officer or health officer's designee to enter an establishment during its business hours for the purpose of determining compliance with this chapter.

C. When an investigation is made, the health officer or the health officer's designee shall:

  (1) Document:

    (a) The result of the investigation on a report form provided by the Department; and

    (b) A condition found that is in violation of the provisions of this chapter;

  (2) Furnish one copy of the report form to the person in charge of the establishment; and

  (3) Make the completed report form available for public disclosure in accordance with State Government Article, §10-611— 10-628, Annotated Code of Maryland.

#### Regulation .09 Violations and Certification of Correction.

*COMAR 10.19.04.09*

A. The health officer or the health officer's designee shall notify the owner of an establishment found in violation of a provision of this chapter or the Act:

  (1) By certified mail, return receipt requested, bearing a postmark from the United States Postal Service;

  (2) Of the specific finding and the penalty for the violation as set forth in Regulation .10 of this chapter;

  (3) Of a specific date by which the owner shall correct the violation;

  (4) That if the owner fails to correct the violation by the date specified, or is in violation of another provision of this chapter or the Act at another time, the Secretary may impose a subsequent penalty as set forth in Regulation .10 of this chapter; and

  (5) That the owner is entitled to request a hearing under Regulation .11 of this chapter on a violation and penalty, as set forth in Regulation .10 of this chapter.

B. The owner of an establishment shall submit to the health officer a certification of correction within a time frame provided by the local health department that:

  (1) Lists a violation; and

  (2) Includes a description of how the correction was accomplished.

#### Regulation .10 Penalties.

*COMAR 10.19.04.10*

A. A person who violates a provision of this chapter is subject to the following penalties:

  (1) A written reprimand by the Secretary for the first violation;

  (2) A civil penalty of $100 for a second violation;

  (3) A civil penalty of $500 for the third violation; and

  (4) A civil penalty of $1,000 per violation for each subsequent finding of violation.

B. The Department shall pay a penalty collected under this regulation to the Cigarette Restitution Fund established under State Finance and Procurement Article, §7-317, Annotated Code of Maryland.

#### Regulation .11 Request for Hearing.

*COMAR 10.19.04.11*

A. In order to preserve a right to a hearing on a violation and penalty of this chapter, a person shall submit a written request to the Department for a hearing, if a hearing is desired, within 10 days of receipt of the notice of violation and penalty.

B. In accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, the Secretary shall provide for a hearing on the violation by referring the matter to the Office of Administrative Hearings.

C. The Office of Administrative Hearings shall:

  (1) Schedule and conduct the hearing on the violation; and

  (2) Render a decision and notify the parties of the decision within 30 days after the hearing.