Key Legislation

Georgia Smoke Free Air Act of 2005

Georgia’s state law (Senate Bill 90) went into effect July 1, 2005. The law prohibits smoking in some enclosed public places and work places. Smoking is still allowed in restaurants and bars that do not admit or employ people under 18 years old. Download the full document.

There is currently no statewide smoking ban in Georgia. Instead, Georgia’s 2005 statewide smoking law, the Georgia Smokefree Air Act, prohibits smoking in all enclosed public places in Georgia, except each of the following: designated smoking areas in non-work areas of businesses that are separately ventilated, bars and restaurants where persons under 18 years of age are not employed or permitted to enter, separately enclosed smoking rooms in any bar or restaurant, private residences not used as healthcare or child daycare facilities, hotel/motel rooms designated as smoking rooms, retail tobacco stores, nursing homes, outdoor areas, designated areas in international airports, workplaces of a tobacco manufacturer or other tobacco business, privately owned meeting and assembly rooms during private functions where persons under 18 are not allowed, and areas of private places of employment (other than medical facilities) that are open to the general public by appointment only. Local governments may regulate smoking more strictly than the state. Buildings in which smoking is banned under the Act may have an outdoor smoking area that is located a reasonable distance from any entrance, exit, window, vent, or air intake system, but any ashtrays located there must be placed a reasonable distance away. A violation of the Act is punishable by a fine of between $100 and $500.

Public Housing in Georgia

PIH’s Smoke-Free Public Housing Rule was finalized on December 5, 2016, and became effective February 3, 2017. All PHAs must comply with the rule and implement smoke-free policies within 18 months of the effective date, no later than July 31, 2018. The elimination of second hand smoke that can migrate between public housing units can be an important step towards improving the health of residents as well as reducing maintenance costs.

HUD Final Rule