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Toole County updates smoke-free rules to reflect Montana vaping law
Summary
Toole County’s Board of Health updated its 2005 smoke‑free resolution after Montana’s Senate Bill 390 broadened the Clean Indoor Air Act to cover vaping, e‑cigarettes and aerosolized marijuana products; the county raised the smoke‑free buffer from 15 to 25 feet and will post signage and coordinate enforcement with the state.
The Toole County Board of Health adopted revisions to the county’s smoke‑free policy to align with Montana’s Senate Bill 390, which state officials and county staff said expands the Clean Indoor Air Act to include vaping devices and aerosolized marijuana products and takes effect immediately.
County staff summarized the change for the board, saying the updated local resolution applies smoke‑free rules to all county‑owned and leased buildings, enclosed county spaces and county vehicles and increases the required smoke‑free buffer from 15 feet to 25 feet from any doorway, window or ventilation system. "Inhaling or exhaling vapor or aerosol, use of e‑cigarettes, vape pens, dabbing, [and] marijuana products in any smokable or aerosolized form ... are all under the Clean Air Act's protections," the wellness nurse told the board.
Why it matters: the revision brings local policy in line with state law and changes where people may smoke or vape on county property. Staff said the state is supplying clear, readable smoke‑free signage for public doorways and that enforcement will be guided by the Montana Department of Public Health and Human Services (DPHHS) working with local boards of health.
Board members and staff emphasized enforcement is largely complaint‑driven. The wellness nurse told the meeting that unless complaints are filed, county staff do not actively patrol doorways: "If you see someone smoking by the door, you can tell them, 'Hey, the limit is 25 ft.' And then, you can file a complaint if you want. But if you're like, 'Who cares? I don't want to deal with this,' and just walk on by, then it's not a big deal," the nurse said. Recurrent complaints within a three‑year period can result in fines and would be handled with sheriff involvement as the enforcement mechanism for misdemeanors, the staff summary said.
County officials said they will distribute the new resolution and can email members a printout. The board did not take separate formal enforcement action at the meeting; staff described the operational steps for responding to complaints and tracking fines under the statute.
Next steps: signage from the state will arrive for county doorways, and staff will circulate the updated resolution and guidance to affected county departments and leased facilities.
