A Guide for Child Care Facilities
Effective January 1, 2020, the use of vapor products or e-cigarettes as well as the smoking of tobacco products in most public places and indoor places of employment are no longer allowed under the Nevada Clean Indoor Air Act.
What does the Nevada Clean Indoor Air Act do?
The Act protects the public from secondhand cigarette smoke and secondhand aerosol from electronic vaping products. Secondhand smoke, also called environmental tobacco smoke, is a combination of smoke from the burning end of a cigarette, cigar, or pipe and the smoke exhaled by smokers. The U.S. Environmental Protection Agency reports that secondhand smoke contains more than 4,000 substances, many of which are known to cause cancer in humans.
Nevada’s Desert Research Institute published research from 2016-18 that showed there is a “significant amount of cancer-causing chemicals” along with dangerous aldehydes that are “formed during the chemical breakdown of flavored e-liquids and emitted in e-cig vapors.” The health risks extend to second and thirdhand exposure.
Not a single vapor product has been approved by the U.S. Food and Drug Administration as less harmful, despite industry claims to the contrary.
Where is smoking and the use of electronic vaping products now banned in Nevada?
The use of vapor products or e-cigarettes, and smoking tobacco in any form is prohibited within most indoor places of employment including:
- Public and private school buildings and on public and private school grounds
- Child care facilities
- All areas of grocery stores, convenience stores, and drug stores
- All indoor areas within restaurants, including those in casinos or gaming establishments
- Shopping malls and retail establishments
- Video arcades
- Government buildings and public places
- Movie theaters
Where is smoking and the use of electronic vaping products still allowed?
Smoking and the use of electronic cigarettes or vaping products is permitted in:
- Areas within casinos where loitering by minors is already prohibited by state law pursuant to NRS 463.350.
- Completely enclosed areas within stand-alone bars, taverns, and saloons in which patrons under 21 years of age are not allowed to enter.
- Age-restricted stand-alone bars, taverns, and saloons.
- Strip clubs and brothels.
- Retail tobacco stores.
- Private residences, including private residences that may serve as an office workplace, except if used as a child care, adult day care, or health care facility.
- The area of a convention facility in which a meeting or trade show is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:
- Is not open to the public
- Is being produced or organized by a business relating to tobacco or a professional association for convenience stores
- Involves the display of tobacco products
What child care facilities are included in the Act?
The Act prohibits smoking and the use of electronic cigarettes or vaping products in child care facilities with five or more children under the age of 18 years, if compensation is received for any one of the five children. This includes on-site child care at businesses for employees, outdoor youth programs and private homes where licensed child care is provided.
Since cities and counties may have more stringent licensing requirements than outlined in this Act, it is advised that you contact the licensing department in your jurisdiction for more information. The Act does prohibit smoking and the use of electronic cigarettes or vaping products within most indoor places of employment.
Are private residences included in the Act?
Only private residences that also serve as licensed child care facilities are included in the Nevada Clean Indoor Air Act.
As the operator of a child care facility, what does the Act require me to do?
Employers must post conspicuous “No Smoking” signs at every entrance. Non-exempt businesses must keep smoking paraphernalia, including items to be used as ash receptacles, from areas where smoking and the use of electronic cigarettes or vaping products is prohibited and inform customers or clients that use these products that it is not allowed.
Free, downloadable “No Smoking” and “No Vaping” signs are available on the “No Smoking” Signs webpage.
How will the Act be enforced?
Compliance with the Act is the responsibility of the establishment, its agents and employees. The Southern Nevada Health District has the duty to enforce the provisions of the Act and responds to complaints of violations.
How can I report violations of the Nevada Clean Indoor Air Act?
Violations can be reported by completing the NCIAA Complaint Form or by calling (702) 759-1990.
Where can I find more information?
For more information regarding compliance with the Act, call the Southern Nevada Health District’s Environmental Health Division at (702) 759-0588.
For more information on the dangers of secondhand smoke and secondhand aerosol from electronic cigarettes or vaping products, call the Southern Nevada Health District’s Tobacco Control Program at (702) 759-1270.
If I smoke or vape and want to quit, where can I get more information?
Residents 13 years of age and older can call the Nevada Tobacco Quitline at 1-800-QUIT NOW (1-800-784-8669) from a Nevada area code to access a free, phone-based service. Go to www.nevadatobaccoquitline.com for more information.
Updated on: December 9, 2019