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Newfoundland Regulation 1998


NEWFOUNDLAND REGULATION 54/98

NEWFOUNDLAND REGULATION 54/98

Smoke-free Environment Regulations
under the
Smoke-free Environment Act
(O.C. 98-122)

(Filed April 6, 1998)

Under the authority of section 12 of the Smoke-free Environment Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, April 2, 1998.

John R. Cummings
Deputy Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Signs

        4.   Symbols to be used

        5.   Public to be informed

        6.   Ventilation

        7.   Designated smoking room

        8.   Exemptions

        9.   Signs and systems to be installed

      10.   Prohibition


Short title

        1. These regulations may be cited as the Smoke-free Environment Regulations.

Definitions

        2. In these regulations

             (a)  "acute health care facility" means a facility or section of a facility where acute health care is provided;

             (b)  "air cleaning system" means equipment consisting of a unit or combination of units, which can take air from a public place or a workplace and is capable of removing particles from the air before air is returned to that place or workplace; and

             (c)  "independent mechanical ventilation system" means equipment which provides fresh air to and exhausts air from a public place or workplace so that no amount of air which is exhausted from a designated smoking area in a public place or from a smoking room in a workplace is permitted to return to a public place or workplace.

Signs

        3. (1) An employer shall, by posting clearly visible signs, inform all employees in a workplace under the control of the employer

             (a)  that smoking is prohibited in all work spaces except in designated smoking areas; and

             (b)  of the location of all the rooms and areas which are designated smoking areas.

             (2)  Where an employer is in control of a workplace to which the public is admitted, the employer shall, by means of a clearly visible sign posted at each entrance to the workplace used by the public inform members of the public who enter the workplace that

             (a)  smoking is prohibited in the workplace; or

             (b)  smoking is permitted in the workplace only in designated smoking rooms.

Symbols to be used

        4. (1) Where by a section of these regulations a sign is required, the sign shall use one of the following graphic symbols to indicate "No Smoking Areas" or "Designated Smoking Areas or Rooms".

 

No Smoking

Designated Smoking

No Smoking Symbol

Designated Smoking Area Symbol

 

             (2)  Notwithstanding that the symbol in subsection (1) is a cigarette, it shall prohibit the smoking of a tobacco product.

Public to be informed

        5. An owner of a public place shall, by means of clearly visible signs, inform members of the public who enter the public place that

             (a)  smoking is prohibited in the public place; or

             (b)  smoking is permitted in the public place only in designated smoking rooms or designated smoking areas.

Ventilation

        6. (1) Where an air cleaning system, an independent mechanical ventilation system, or a combination of them, is installed in accordance with the requirements of these regulations, the employer or owner shall ensure that

             (a)  air cleaning systems maintain an operating efficiency of 70% at a 0.3 micrometre particle size while functioning at a complete air exchange rate as under paragraph (g);

             (b)  the positioning of the intake or exhaust openings provides for the removal of the smoke from the smoke room or designated smoking area in an effective, efficient manner and prevents smoke movement into adjoining rooms and areas;

             (c)  the system is maintained and monitored in accordance with the manufacturer’s requirements, but in no case shall the maintenance interval exceed 6 months;

             (d)  records of maintenance are maintained and available on demand to inspectors designated under the Act and maintenance records shall be kept for a minimum of 2 years;

             (e)  the volume of air supplied and the rate of exchange of air is determined with consideration to the size and expected occupancy of the smoking room or designated smoking area and subject to the minimum requirements as outlined in subsection (2);

              (f)  the operating efficiency referred to in paragraph (a) is measured using an ASHRAE 52-76 dust spot test or another test method acceptable to the Department of Health; and

             (g)  the rate of exchange of air is at least

                      (i)  where the occupancy of the smoking room is not more than 5 persons and their use of that room is occasional, not less than 6 air changes per hour,

                     (ii)  where the occupancy of the smoking room exceeds 5 persons or the room is utilized regularly, not less than 10 changes per hour, and

                    (iii)  where a designated smoking area is in a public place, not less than 8 changes per hour.

             (2)  The volume of air supplied in a designated smoking room or a designated smoking area, shall be of a flow volume that is not less than 14 litres per second or 29.7 cubic feet per minute of air supplied for each occupant.

             (3)  A designated smoking area in a public place shall be ventilated by either an independent mechanical ventilation system, an air cleaning system or both, designed to control the discharge of smoke and to ensure that smoke is routed away from non-smoking areas.

Designated smoking room

        7. (1) A designated smoking room in a workplace shall be ventilated by an independent mechanical ventilation system.

             (2)  Notwithstanding subsection (1), a designated smoking room in a building constructed before June 1, 1994, which does not have an existing exhaust system or where the installation of an independent mechanical ventilation system is impractical, shall be equipped with an air cleaning system which is capable of removing smoke particulate matter from the air.

Exemptions

        8. (1) The prohibition against the designation of a smoking area or room under section 5 of the Act shall not apply to

             (a)  a facility which provides long term care, including a long term care facility located within an acute care facility; and

             (b)  a psychiatric facility or unit.

             (2)  A recreational facility may be categorized as nonrecreational when it is not being used for physical recreation, in which case, a smoking area may be designated for that facility which does not exceed 20% of its public space, or if licensed under the Liquor Control Act or the Food and Drug Act, a smoking area may be designated which does not exceed 50% of the public space.

             (3)  A designated smoking area or room established under this section shall comply with section 6.

             (4)  In this section, a "recreational facility" means a building which is primarily used for physical recreation.

Signs and systems to be installed

        9. The employer or owner shall ensure that signs, air cleaning systems or independent mechanical ventilation systems required by these regulations are posted or installed.

Prohibition

     10. Smoking shall not be permitted in designated smoking rooms or designated smoking areas unless ventilation equipment as required by these regulations is installed and in operation.