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Newfoundland Regulation 1998 Smoke-free Environment Regulations (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 John R.
Cummings 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".
(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. ©Earl G. Tucker, Queen's Printer |