Kanawha County, West Virginia, has rules intended to protect people from exposure to vaping aerosol in workplaces and public spaces. On January 16, 2020, the Kanawha-Charleston Board of Health adopted the Kanawha County and City of Charleston Electronic Smoking Device Regulation of 2020. The measure extended local clean-air protections to electronic smoking devices, including e-cigarettes, vape pens, and related products.
The vaping regulation built on an earlier local clean indoor air policy covering tobacco smoke. Its purpose was to limit involuntary exposure to aerosol, support healthier public environments, and address concerns about nicotine addiction among young people. The health department continues to publish the regulation with its clean-air materials.
Updated October 2026. This article summarizes the published local regulation for general information; businesses and residents should consult the official text and health department for questions about specific premises or subsequent changes.
What Is the Kanawha County Indoor Vaping Regulation?
The 2020 regulation prohibits vaping in enclosed public places and places of employment covered by the rule in Kanawha County and the City of Charleston. It does not replace the area’s earlier Clean Indoor Air Regulation, which addresses smoking. Instead, the two measures work alongside each other.
In the regulation, an electronic smoking device is defined broadly. Its coverage is not limited to one brand or product name: e-cigarettes, electronic cigars and pipes, e-hookahs, and vape pens are among the examples listed. The definition encompasses devices delivering nicotine or other substances through an inhaled aerosol.
The regulation was adopted on January 16, 2020, and specifies an effective date 30 days after adoption. It should not be confused with the later statewide laws addressing vape retail sales and licensing.
Where Is Vaping Prohibited?
The rule covers a wide range of enclosed locations where employees work or members of the public gather. The examples listed in the official text include:
- Restaurants and bars: Dining establishments and bars are covered, and the regulation expressly includes restaurant outdoor seating areas.
- Offices and workplaces: Shared offices, private offices, conference rooms, employee lounges, stairways, hallways, restrooms, and other enclosed workplace spaces are covered.
- Retail businesses: Shops, grocery stores, enclosed malls, banks, and similar establishments are included.
- Schools and public buildings: School buildings, certain public meeting rooms, and county- or city-owned enclosed facilities are subject to the regulation.
- Healthcare facilities: Hospitals, clinics, doctors’ and dentists’ offices, waiting rooms, and other listed healthcare spaces are covered.
- Public transportation: Covered transit vehicles and associated ticketing, boarding, and waiting areas are included.
- Entertainment and community venues: Libraries, museums, theaters, sports arenas, convention halls, and other specified spaces are included.
- Shared residential spaces: Lobbies, hallways, and common areas in certain apartment buildings, condominiums, nursing homes, and similar buildings are covered.
The list is illustrative, not exhaustive. A location may still be covered even if it is not specifically named above. Certain outdoor areas are also covered by explicit provisions, so the regulation should not be described as applying only indoors.
Does the Regulation Apply to Outdoor Vaping?
Not every outdoor location is regulated in the same way. The text generally exempts outdoor areas of places of employment unless an area is expressly covered elsewhere in the regulation. For example, restaurant outdoor seating areas are specifically included among the prohibited locations.
The regulation also contains a 15-foot separation requirement for designated smoking or vaping areas near buildings where vaping is prohibited. Where the space is under the relevant proprietor’s control, designated areas must be at least 15 feet from entrances, exits, operable windows, and ventilation intakes to reduce the chance that aerosol enters the building.
Businesses should review the actual wording before assuming that a patio, doorway, or other outside area is an acceptable place to vape.
Are There Any Exceptions?
Yes. The 2020 regulation contains specific exceptions, and those exceptions should not be overlooked when explaining local law.
Private residences are generally outside the regulation, although exceptions to that exception apply when homes operate as certain childcare, adult care, healthcare, or registered residential care facilities.
The published text also identifies limited exceptions involving designated hotel or motel guest rooms, certain bingo halls, qualifying residential care situations, and some outdoor workplace areas. In particular, the hotel or motel room exception is limited to no more than 25% of guest rooms. An exception does not necessarily override other applicable laws or a property’s stricter rules.
Owners and operators may choose to make their entire property smoke-free and vape-free, even in situations where the county regulation would otherwise allow an exception. Because exceptions can turn on the type of property and other legal requirements, anyone relying on one should check with the health department rather than treating a general summary as permission.
What Must Employers and Businesses Do?
The 2020 regulation places compliance responsibilities on employers and people who operate covered locations. Employers are required to provide a vape-free enclosed workplace and maintain a written vaping policy. The original regulation set deadlines for communicating and adopting that policy after the measure took effect.
Owners and managers of covered public places must also post clearly visible No Vaping signs, including conspicuous signage at entrances stating that smoking and vaping are prohibited.
When someone violates the rules, an owner, manager, operator, or employee is expected to tell that person about the applicable restrictions. These requirements are intended to make rules understandable to customers, visitors, and staff, rather than leaving people to guess where vaping is permitted.
Why Did Health Officials Adopt the Restrictions?
Electronic cigarettes create an aerosol by heating liquid or other material. That aerosol is not simply harmless water vapor. Depending on the product, it can contain nicotine, small particles, flavoring-related chemicals, and other potentially harmful substances.
People nearby may inhale some of the emitted aerosol. The degree of exposure varies according to the product, how it is used, ventilation, and other factors. The Board of Health adopted its rule to reduce involuntary exposure in shared environments and strengthen protections already established for tobacco smoke.
The regulation also reflects concern about youth nicotine use. Nicotine can cause dependence and is particularly concerning for adolescents, whose brains are still developing. Preventing routine vaping in public places and workplaces can help establish clear expectations while reducing opportunities for secondhand exposure.
How Does the Vaping Rule Relate to the 2008 Clean Indoor Air Regulation?
Kanawha County’s clean indoor air rules predate the 2020 vaping measure. The earlier regulation, in effect since 2008, addressed conventional tobacco smoking in public places and workplaces. The vaping regulation was written separately so that electronic smoking devices would be expressly regulated.
The distinction matters because a person might assume that a rule written for burning tobacco did not apply to an electronic device. The 2020 measure clarified the local position on vaping and incorporated requirements specific to electronic smoking devices, including workplace policies and no-vaping signs.
In practice, businesses should consider both regulations, along with any applicable state laws and rules for their premises.
How Are Violations Reported and Enforced?
The regulation assigns enforcement to the Kanawha-Charleston Health Department or its designee. Residents may report suspected violations to the department, which can assess the complaint and the circumstances at the location involved.
The published rule provides for inspections related to compliance, including during other required health inspections. It also describes potential misdemeanor penalties under West Virginia law. The specific consequences depend on the applicable legal provision and enforcement process; a reported incident does not automatically establish a violation or result in a fine.
For a useful complaint, residents should identify the establishment and describe the location and circumstances as accurately as possible. The health department’s official clean-air program page provides information about submitting complaints.
What About Vape Shops and Product Sales?
Restrictions on using vapes indoors are different from rules governing the sale of vape products. The county’s 2020 measure primarily addresses where electronic smoking devices may be used and what owners and employers must do.
West Virginia has also adopted statewide requirements for vape and smoke retailers, including provisions in its Vape and Smoke Retailer Location and Operating Requirements Act. Those provisions address a different legal question: the operation of retail businesses selling covered products.
A retailer should therefore avoid assuming that compliance with product-sale rules resolves questions about vaping inside the shop. Likewise, consumers should not assume that a product being legally sold can be used in any public place.
Frequently Asked Questions
Can someone vape inside a restaurant in Charleston?
The 2020 regulation generally prohibits vaping in covered restaurants. It also specifically lists outdoor restaurant seating areas, so a patio is not automatically an exception.
Are offices and employee break rooms covered?
Yes. The regulation requires vape-free enclosed workplaces and specifically includes offices, meeting rooms, employee lounges, hallways, and similar areas.
Is vaping prohibited in every private home?
No. Ordinary private residences are generally exempt, although homes used for certain care services or registered facilities can be treated differently.
How far from a doorway must a designated vaping area be?
The regulation specifies a distance of at least 15 feet from entrances, exits, operable windows, and ventilation intakes in the circumstances described by its reasonable-distance provision. Other restrictions may also apply.
Does the county rule ban the sale of e-cigarettes?
No. Its principal focus is vaping in workplaces and public places. Retail sale and licensing are governed by other applicable federal, state, and local requirements.
Where can a resident report a suspected violation?
Residents can contact the Kanawha-Charleston Health Department, which is responsible for implementing the regulation. Its official clean-air program materials explain the complaint process.
Conclusion
The Kanawha County and City of Charleston Electronic Smoking Device Regulation of 2020 extended local clean-air protections to vaping in many public places and workplaces. It covers restaurants, retail businesses, workplaces, schools, healthcare settings, transportation areas, and various shared spaces, while providing defined exceptions.
For residents, the main takeaway is that vaping is generally prohibited in covered shared environments. For employers and property operators, compliance also involves written workplace rules, appropriate signs, and attention to outdoor-area requirements and exceptions.
The full regulation remains the best reference for location-specific decisions. Reading it alongside the county’s earlier clean indoor air rule and applicable state law helps avoid confusion about what is prohibited and what may be permitted.
Sources
- Kanawha-Charleston Board of Health. Kanawha County and City of Charleston Electronic Smoking Device Regulation of 2020 (adopted January 16, 2020). Read the official regulations (PDF).
- Kanawha-Charleston Health Department. Clean Air Regulations. Official clean-air program page.
- Kanawha-Charleston Health Department. Indoor Vaping Regulation. Health department program overview.
- West Virginia Alcohol Beverage Control Administration. Vape Safety Act. State retailer requirements and notices.
- West Virginia Legislature. West Virginia Code § 16-9H-1, Vape and Smoke Retailer Location and Operating Requirements Act. Read the state statute.
Editorial note: This is an informational summary, not legal advice. The local 2020 regulation and later state retail laws address related but different matters. Confirm the current rules with the appropriate authority before making compliance decisions.