Can You Smoke On A Balcony?

Although the number of smokers in the United States has dramatically decreased in the last fifty years, an estimated 14% of the population still consider themselves regular tobacco smokers. However, with continually changing smoking laws, many smokers wonder whether they’re allowed to smoke on balcony.

When smoking on a public balcony, you will need to check state smoking regulations. When smoking on a private balcony, you must verify whether smoking is permitted in your tenancy agreement. However, if you own the property, you will be allowed to smoke on a balcony.

We’ll break down everything you should know about the legality of smoking on balconies. Once we’ve discussed when you’re legally allowed to smoke on a balcony (and when you’re not), we’ll discuss whether you can be fined for going for a smoke on a balcony.

Are You Legally Allowed To Smoke On Balconies?

If you’re wondering whether you’re allowed to smoke on a balcony, you need to consider the type of balcony it is. Ultimately, there will be different laws and regulations governing smoking on public and private balconies. After we’ve discussed whether you can smoke on public balconies, we’ll break down what you should know about smoking on a private balcony.

Can You Smoke On A Public Balcony?

When determining whether you can legally smoke on a public balcony, you need to consider the state’s smoking laws. There may be statewide laws banning you from smoking on a public balcony affixed to an enclosed bar, restaurant, or workplace.

Twenty-nine states have such statewide smoking bans, including California, New Jersey, and Massachusetts. However, some states have enacted smoking bans that exempt certain spaces from the ban, such as cigar bars, private clubs, casinos, and small workplaces.

To confirm whether you can smoke on a public balcony in your state, you should check the state smoking restrictions for worksites, restaurants, and bars. You may find smoking is completely banned in these public spaces, but you may find that smoking is allowed in ventilated or designated areas.

Can You Smoke On A Private Balcony?

Now that we’ve discussed the legality of smoking on public balconies let’s discuss smoking on a private balcony. Private balconies refer to porches or balconies only accessible by the unit listed in the rental or tenancy agreement. However, whether you’re allowed to smoke on a private balcony depends on whether the balcony is in a single-unit or multi-unit dwelling.

If you’re the owner of a single-unit dwelling, a home occupied by one household, you are allowed to smoke on private balconies. However, if you have a short- or long-term rental contract for a single-unit dwelling, you’ll need to check the rules and regulations set out in your lease agreement. Ultimately, the landlord may restrict you from smoking indoors or outdoors including going for a smoke on a balcony. .

However, smoking regulations will differ for those living in apartments, condominiums, and townhouses that contain two or more dwelling units. If you live in multi-unit housing, you must also check your rental agreement regarding smoking restrictions. You may find that some units have a smoke-free policy while other units do not have such a policy.

In most cases, the landlord must establish whether smoking is allowed in your unit or on your balcony. However, in some instances, a smoking policy may be applied to an entire multi-housing unit, such as an apartment building. Ultimately, you will need to carefully read your rental lease or tenancy agreement to determine whether you are allowed to smoke indoors or outdoors, including the balcony space.

Can You Smoke On A Hotel Balcony?

Now that we’ve discussed smoking on public and private balconies, let’s discuss whether you can smoke on a hotel balcony. To answer this , we need to discuss how statewide smoke-free policies affect hotel and motel establishments. Luckily, most states in America permit hotels to allow smoking in a certain number of rooms.

Currently, only five states require that all hotel and motel rooms be 100% smoke-free. Of course, this means you will not be able to smoke on a balcony in Indiana, Michigan, North Dakota, Vermont, or Wisconsin. However, in other states, you can find smoker-friendly hotels that allow you to smoke on a balcony!

Can You Smoke On A Cruise Ship Balcony?

Finally, let’s discuss whether you’re allowed to smoke on a cruise ship balcony. Like hotel rooms, smoking regulations are made at the discretion of management. On most major cruise lines, smoking is not permitted inside the stateroom or on any stateroom balcony.

Ultimately, this means you will not be allowed to smoke on a private cruise ship balcony attached to your stateroom. However, there will be designated smoking areas on cruise ships, which typically include the ship’s exterior decks, as well as certain onboard casinos and nightclubs.

Can You Be Fined For Smoking On A Balcony?

Now that we’ve outlined the legalities of smoking on different balconies, you may be wondering whether you can be fined for smoking on a balcony. If you are smoking on a balcony where smoking is permitted, you will not be fined. However, you should always be considerate of others and the effects of secondhand smoke.

However, if you smoke in a public venue where smoking is not allowed, the establishment could receive a hefty fine. If you smoke on a balcony where smoking is not allowed per the tenancy agreement, your landlord could act against you.

Finally, if you’re found smoking in a smoke-free hotel or cruise ship room – even on the balcony – you could be asked to vacate the premises and even pay a cleaning fee. Ultimately, therefore it’s important to verify smoking laws and restrictions before lighting up that cigarette on a balcony, unless of course, its your own!

As well as answering if you can smoke on a balcony we have a selection of other tips and advice for balconies here on the site. you can try a search or choose from the list below.

Conclusion

In this article, we discussed the legality of smoking on a balcony. Of course, whether you’re allowed to smoke on the balcony depends on where the balcony is located. Statewide smoking regulations may prevent you from smoking on a public balcony, while a clause in your tenancy agreement may prohibit you from smoking on a private balcony.

Can You Smoke On A Balcony?