Minnesota Clean Indoor Air Act: Freedom to Breathe - EH: Minnesota Department of Health

Minnesota Clean Indoor Air Act (MCIAA) Family Day Care

The Freedom to Breathe (FTB) provisions amended the Minnesota Clean Indoor Air Act (MCIAA) to further protect employees and the public from the health hazards of secondhand smoke. The FTB amendments became effective October 1, 2007.

The MCIAA describes where smoking is prohibited, outlines the responsibilities of employers, managers and other persons in charge and lists exemptions that affect their workplaces and facilities.

In 2014, the Minnesota Legislature amended the MCIAA provisions related to child care to include the use of electronic cigarettes in the definition of smoking.

Definition of "Smoking"

“Smoking” means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco product or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe or any other lighted tobacco or plant product intended for inhalation.

In licensed day care facilities (including family home day care) the definition of smoking includes inhaling and exhaling of vapor from electronic cigarettes or any other electronic delivery device as defined in Minnesota Statutes, Section 609.685, subdivision 1.

Definition of "Indoor Area"

“Indoor Area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes [wall space] constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A [standard] window screen is not a wall.

No smoking during business hours

Smoking is not allowed anywhere within the indoor areas of a Minnesota licensed day care center, family home day care or group family day care provider home during hours of operation.

No smoking during non-business hours

If indoor smoking is allowed in a day care home outside of the hours of operation, the daycare provider must disclose after-hours smoking by:

  1. Posting a conspicuous written notice on or immediately inside of all entrances to the daycare area and,
  2. Orally informing parents or guardians that smoking is allowed in the home outside the hours of operation.

Outdoor smoking

The MCIAA does not prohibit outdoor smoking, regardless of distance from building openings such as doors and windows.

Compliance and enforcement

MDH has compliance authority over the MCIAA and may delegate compliance activities to local units of government. MDH, a local board of health or any affected person can request a court order directing a repeat MCIAA violator to stop.

In addition to the compliance authority provided to MDH and local units of government, local law enforcement has the authority to issue petty misdemeanor citations to proprietors or individuals who knowingly fail to comply with the MCIAA.

Local government ordinances

Local governments retain the authority to adopt and enforce more stringent measures to protect individuals from secondhand smoke.

Retaliation prohibited

An employer, manager or other person in charge cannot fire, refuse to hire, penalize, discriminate or retaliate against an employee, applicant, or customer who exercises any right to a smoke-free environment provided under the MCIAA.

Updated Wednesday, June 21, 2017 at 09:28AM