Revised Code of Washington

Wash. Rev. Code § 70.160.075 (2026)

✓ current as of May 2026
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Smoking is prohibited within a presumptively reasonable minimum distance of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited so as to ensure that tobacco smoke does not enter the area through entrances, exits, open windows, or other means. Owners, operators, managers, employers, or other persons who own or control a public place or place of employment may seek to rebut the presumption that twenty-five feet is a reasonable minimum distance by making application to the director of the local health department or district in which the public place or place of employment is located. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the unique circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke will not infiltrate or reach the entrances, exits, open windows, or ventilation intakes or enter into such public place or place of employment and, therefore, the public health and safety will be adequately protected by a lesser distance.
[ 2006 c 2 s 6 (Initiative Measure No. 901, approved November 8, 2005).]

Notes:

Captions not law2006 c 2 (Initiative Measure No. 901): See note following RCW 70.160.011.
Notes of Decisions
Cited in 2 cases, 2008–2008 · leading case: Am. Legion Post 149 v. WASH. DEPT. OF HEALTH, 192 P.3d 306 (Wash. 2008).
Am. Legion Post 149 v. WASH. DEPT. OF HEALTH, 192 P.3d 306 (Wash. 2008). · cites it 2× “ublic place'" as: [T]hat portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee…”
Am. Legion Post No. 149 v. Dep't of Health, 164 Wash. 2d 570 (Wash. 2008). · cites it 2× “plublic place’ ” as that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee…”
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