Allegheny County Council's health committee members haven't been blowing smoke about their intention to ban smoking in bars, restaurants and certain other public places.

Yesterday, they released their proposed ordinance for a council vote next week, and council president and primary sponsor Rich Fitzgerald, D-Squirrel Hill, expects the ordinance will be approved.

"The big news is, [on] Tuesday we're going to pass a smoking ban bill," he said. "It's major news in Allegheny County."

County Chief Executive Dan Onorato would have to sign off on it, and Mr. Fitzgerald was less certain whether there would be enough affirmative votes to override a veto if one occurred. Amendments to the ordinance could still be made at Tuesday's council meeting.

Even if it leapt over those hurdles, the ordinance, which would go into effect 90 days after approval, is likely to face legal challenges. The state's Clean Indoor Air Act of 1988 contains a clause that appears to pre-empt municipalities other than Philadelphia and Pittsburgh from enacting local smoking bans.

Last week, Philadelphia Mayor John F. Street signed a measure that will make most restaurants and bars there smoke-free. That and Allegheny County's efforts lend support to state legislators who have been pushing for a smoking ban for years.

"It's a huge shot in the arm for us, absolutely," said state Rep. Susan Cornell, R-Montgomery. "With Philadelphia and hopefully Allegheny [County] going forward, I think it gives us huge momentum."

In a June vote, the House Health and Human Services Committee deadlocked 14-14 on her bill, which would ban smoking in most indoor public places statewide. Before Philadelphia moved ahead, "I had my doubts" that it would advance, she said.

But the committee held an informational meeting on the issue last week that "went very well," and will be talking about it again next week, she said.

County Health Director Dr. Bruce Dixon submitted written testimony to the House committee encouraging it to act. He and other health experts, policy makers and business people have said that a statewide ban is preferable to multiple local rules.

The committee members "clearly understand we don't need 50 things in 50 different places in Pennsylvania," Dr. Dixon said.

In June, Harrisburg City Council members overrode a mayoral veto to pass a smoking ban. But it is now on hold because police union officials contend that such a change in working conditions has to be negotiated. Reading City Councilwoman Marcia Goodman-Hinnershitz has been working on a local smoking ban.

"Everybody needs to be educated to get them to where they understand what the health risks are," she said. Still, "what's different now is people are saying maybe the state is a little bit behind the times here. Local municipalities are going to have to take the lead on this."

Ms. Cornell's bill is more restrictive than the ordinance that passed in Philadelphia, which has exemptions for outdoor cafes and allows private clubs and bars that generate more than 90 percent of their income from drinks to apply for waivers.

She noted that House health committee members from Philadelphia that previously voted against her bill might now rethink their positions.

"Hopefully we can bring it up for a vote again and we'll have what we need to get it past the committee" and to the full House for consideration, Ms. Cornell said.

The Allegheny County ordinance would prohibit smoking in any enclosed area open to the public, including workplaces, retail stores, office buildings, health care facilities and licensed gaming facilities, and within 15 feet of entrances to such locations.

Restaurants and bars would have to go smoke-free, as would private clubs, which were exempt in earlier drafts of the proposal.

Specialty tobacco establishments, defined by having on-site sales of tobacco and tobacco-related products for use either on or off the premises that make up 85 percent or more of gross annual sales, are exempted from the ban, and hotels and other lodgings can designate 25 percent of their rooms for smokers.

In its meeting last night, the county Health and Human Services Committee decided that those who smoke in prohibited areas and noncompliant business owners would be fined $250 for any violation. However, for the first six months of the ban's implementation, first-time offenders would get only a warning. The committee also included language to prevent employer retaliation against employees who enforce the rules.

An amendment to reintroduce an exemption for private clubs, such as VFWs, failed, as did a proposal for a "part-time ban" in which taverns and bingo halls would be smoke-free four days per week but smoke-friendly on the other days.

Councilman Vince Gastgeb, R-Bethel Park, said he will suggest at next week's council meeting an amendment that would allow fund-raising organizations to apply for waivers for specific events.

In other business, county Health Department managers told the committee that redirection of funds to health care for inmates at the county jail has been at the expense of public health programs.

Restaurants, coke plants, schools, personal care homes and other businesses and establishments are not being inspected as frequently as they should be, they said.

One-third of the department's workforce is expected to retire in the next five years, and salaries are not competitive enough to hire replacement staff, noted management committee spokesman Guillermo Cole.

"This is really an S.O.S," he said. "We're seeing a steady decline in public health programs."