2021 Tennessee Code
Title 39 - Criminal Offenses
Chapter 17 - Offenses Against Public Health, Safety and Welfare
Part 16 - Children's Act for Clean Indoor Air
§ 39-17-1604. Places Where Smoking and Use of Vapor Products Is Prohibited

Universal Citation: TN Code § 39-17-1604 (2021)

Smoking or the use of vapor products is not permitted, and no person shall smoke or use vapor products, in the following places:


  1. Child care centers; provided, that the prohibition of this section does not apply to child care services provided in a private home. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access. However, the child care center shall give written notification to the parent or legal guardian upon enrollment if the child care center has an indoor area designated for smoking or the use of vapor products;

  2. Any room or area in a community center while the room or area is being used for children's activities;

  3. Group care homes. Adults may smoke or use vapor products in any fully enclosed adult staff residential quarters contained within a group care home, but not in the presence of children who reside as clients in the group care home;

  4. Healthcare facilities, excluding nursing home facilities. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access, and adults may be permitted to smoke or use vapor products outside the facility;

  5. Museums, except when used after normal operating hours for private functions not attended by children. Adult staff members may be permitted to smoke or use vapor products while at work in designated smoking areas to which children are not allowed access;

  6. All public and private kindergartens and elementary and secondary schools. Adult staff members may be permitted to smoke or use vapor products outdoors but not within one hundred feet (100') of any entrance to any building. Adults may also smoke or use vapor products in any fully enclosed adult staff residential quarters but not in the presence of children attending the school;

  7. Residential treatment facilities for children and youth. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access;

  8. Youth development centers and facilities. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access;

  9. Zoos. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access; and

  10. School grounds, including any public seating areas, such as bleachers used for sporting events, or public restrooms.
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