Whatcom County, WA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Buffer distance
- 25 feet from entrances/exits/windows/vents
- Enforcing agency
- Whatcom County health officer
- 1st violation
- up to $125/day civil infraction
- 3rd violation
- misdemeanor, $1,000/day + 90 days jail
- Signage required
- posted at every building entrance
Summary
Whatcom County bans smoking and vaping in indoor public places and workplaces, and the ban follows people outdoors: WCC § 24.14.050 prohibits smoking or vaping within a presumptively reasonable 25-foot buffer of every entrance, exit, opening window, and ventilation intake serving those spaces, so patios and doorway areas are covered too.
Use of vapor products is prohibited within a presumptively reasonable minimum distance of 25 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where use of vapor products is prohibited so as to ensure that vapor does not enter the area through entrances, exits, open windows, or other means. Owners, operators, managers, employers, or other persons who own or control a public place or place of employment may seek to rebut the presumption that 25 feet is a reasonable minimum distance by making application to the director of the local health department or district in which the public place or place of employment is located.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4963078; v4 updated 2026-06-23; through 06-23-2026).
Full Breakdown
030(F)-(G) to already include a 25-foot buffer around entrances, exits, opening windows, and ventilation intakes. 050 spells out the buffer as its own standalone rule: the 25 feet is a 'presumptively reasonable minimum distance' meant to keep smoke and vapor from drifting back through doorways or windows. That presumption is rebuttable, but only by the property owner, employer, or manager applying to the local health officer and proving by clear and convincing evidence that the layout of the entrances, windows, and vents means vapor will not reach them at a shorter distance. 070. 07 WCC, which lets an inspector enter and inspect any building or property at reasonable times to check compliance.
Violations & Fines
A first violation is a Class 2 civil infraction capped at $125 per day (WCC § 24.07.050). A second violation of the same rule becomes a Class 1 civil infraction, up to $250 per day. A third violation by the same person is a criminal misdemeanor, up to $1,000 per day and/or 90 days in jail. Penalties are assessed directly by the health department and deposited to the county's current expense fund.
Frequently Asked Questions
Can I smoke on a restaurant patio in unincorporated Whatcom County?
Can a business shrink the 25-foot buffer?
What happens if a business ignores the buffer repeatedly?
Sources & Official References
Other rules in Whatcom County
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