clean-air entranceways

To assist with drafting an amendment to White Rock’s Smoking Regulation Bylaw, I have compiled information and examples from these jurisdictions with regulations on smoking within close proximity to building entrances: Delta, BC; Airdrie, AB; Beaumont, AB; Camrose, AB; St. Albert, AB; Stettler, AB; Strathcona, AB; Huron Shores, ON; Sioux Lookout, ON; State of California; Philadelphia, PA; Santa Fe, NM; Normal, IL.

I have no doubt that this list is not exhaustive. There are likely many other examples throughout North America. However, these are those I have found to date which have their legislation available on the Internet. Unless it would be of further assistance, I do not plan on researching further precedent legislation as I presume these form a sufficient body of reference.

Considering the material I have found and am presenting here, I suggest that the distance for White Rock’s amendment be a minimum of 6m(19.7ft). This would not be unusual in the context of the examples cited below (including the entire State of California) and is supported by scientific evidence currently available.

SIGNAGE

Regulations in each of these jurisdictions have sections regarding signage. However, none require anything more than a sign posted at the entrance. Most had criteria for the size, but not distance of placement from the entrance. Most stipulated certain text and a standard symbol.

ASHTRAYS

Most regulations included sections on ashtrays. It appears standard, not that ashtrays be required, but that they simply not be located (or that they be removed from) within the area designated smoke-free.

DISTANCE FROM ENTRANCEWAYS

Outdoor environmental tobacco smoke has not been extensively studied, as has indoor smoke. A report titled Environmental Tobacco Smoke in Indoor and Outdoor Public Places from the Provincial Health Services Authority in Vancouver BC, June 8 2006, references two studies. This is an excerpt from the conclusion of an unpublished study by James Repace, MSc.

Smoke levels do not approach background levels for fine particles or carcinogens until about 7 meters or 23 feet from the source. Therefore it makes sense to post signs warning smokers not to smoke closer than about 20 feet from building entrances, and to place ashtrays at that distance and no closer. Moreover, because some persons suffer from severe asthma, and secondhand smoke is a known asthmatic trigger, this is another good reason to keep smokers from congregating closer to building entrances than 20 feet.

In the following examples, the radius from an entranceway designated smoke-free ranges from 2m(6.6ft) to 10m(32.8ft) — the shortest distance being in Sioux Lookout ON and the greatest in Delta BC. Most simply state that smoking is prohibited from within a certain distance from an entrance or exit. Delta BC, Santa Fe NM, and the State of California treat the area outside of vents and windows the same as they do doors. The intention seems to be, not just to prevent unwanted exposure to tobacco smoke for people accessing the buildings, but also to prevent smoke from entering the building.

Delta, BC — 2006
There have been media reports of outdoor smoke-free zones being established in Delta. But it seems the only information available is a report to Council from the Chairs of the Parks and Fields Committee, and Civic Properties and Buildings Committee dated August 25, 2006. My understanding is that their recommendation was adopted but I was unable to find any resulting regulation or bylaw at this time. These are the paragraphs that seem most relevant to White Rock’s requested bylaw amendment:

RECOMMENDATION: That establishment of smoke-free zones for exterior areas of municipal facilities and parks, where the public must pass to enter a building, a ventilation system draws air into the building, or where the public tend to congregate to participate or view regularly scheduled events.

Identifying locations that should be smoke-free is a relatively easy task. A distance of approximately 30 feet (10 metres) from access points to buildings, from windows that open, where people congregate, playgrounds, sport field bleachers, directly behind backstops and players benches are the most likely areas. Communication of the smoke-free zone is proposed by way of signage and painting on the walkways leading into the buildings.

Establishment of smoke-free zones would mean that employees who smoke would also be asked to follow the same practice. Relocation of ashtrays to areas further away from the building entries may be necessary. It is suggested smoke-free zones be established at recreation centres, park facilities, and the front entrance to municipal hall, as they are locations where public use is most concentrated.

LEGISLATION TEXT

Airdrie, AB — 2004, 2006
3.1 …the following are Designated Public Places for the purposes of this bylaw:
a) Public Buildings and those areas within 3m of an entrance or exit to a Public Building;
b) City Buildings and those areas within 3m of an entrance or exit to a City Building;
d) Workplaces and those areas within 3m of an entrance or exit to a Workplace.
3.2 No person shall Smoke in a Designated Public Place, whether or not a ‘No Smoking’ sign in posted or visible.

Beaumont, AB — 2003
2.14 “Public Building” means any enclosed building or structure to which the public can and does have access by right or by invitation
2.19 “Town Building” means any building owned, leased, operated or occupied by the Town;
4.1 …the following are Designated Public Places for the purposes of this bylaw:
a) Public Buildings and those areas within 6m of an entrance or exit to a Public Building;
b) Town Buildings and those areas within 6m of an entrance or exit to a Town Building;
c) Public Transportation Vehicle Shelters; and,
d) Workplaces and those areas within 6m of an entrance or exit to a Workplace.
4.3 No person shall smoke in a Designated Public Place, whether or not a “No Smoking” sign is posted or visible.

Camrose, AB — 2003
201 (2) Except when on a public sidewalk, no person shall carry or possess a lit cigarette, cigar or pipe, or burn tobacco in any manner within three (3) metres of an entrance or exit to a public premises.
(4) No person shall provide services or allow services to be provided to any person who is carrying or possesses a lit cigarette, cigar or pipe in an area or premises in which smoking is provided by this By-Law.

St. Albert, AB — 2004
2. (a) “Building” means a fully or substantially enclosed structure constructed such that it may accommodate human occupation. A bus shelter shall be considered a building for the purposes of this Bylaw;
3. (1) Unless an exception applies under this Bylaw, no person may engage in Smoking activity:
(a) at or in any City-owned structural facility;
(b) within a Building;
(c) within 3 metres of any Building entrance or exit, except on a public sidewalk adjacent to a roadway;
(d) on the grounds of an Outdoor Public Event, except in an area reserved for motor vehicle parking;
(e) on a Patio

Stettler, AB — 2004
3.1 Subject to Section 3.2, the following are Designated Public Places for the purposes of this bylaw:
a) Public Buildings and those areas within 6m of an entrance or exit to a Public Building;
b) Town Buildings and those areas within 6m of an entrance or exit to a Town Building;
c) Public Transportation Vehicles and Public Transportation Vehicle Shelters; and
d) Workplaces and those areas within 6m of an entrance or exit to a Workplace.
3.2 No person shall Smoke in a Designated Public Place, whether or not a “No Smoking” sign is posted or visible
4.1 The proprietor and employer of every Designated Public Place shall ensure that no ashtrays are placed or allowed to remain in any Designated Public Place.
4.2 The proprietor and employer of every Designated Public Place shall, if employees or members of the public from time to time gather to smoke at a location outside the Designated Public Place, ensure that ashtrays are placed more than 6m from the entrance or exit of the Designated Public Place.

Strathcona, AB — 2006
2.2 (t) “Public Place” means all or any part of a building, structure or other enclosed area to which member of the public have access… including, …
(iii) within 3m of the main entrance or exit to a Public Place;
4.1 no Person shall smoke;
(a) in a Public Place

Huron Shores, ON — 2004
1.3 “entranceway” means the area within a 4 metre radius surrounding any public entrance to a public building or workplace, but does not include a street, road or highway;
2.1 No person shall smoke in any workplace or entranceway to any workplace within the Municipality, whether or not a No Smoking sign is posted.
3.1 No person shall smoke in any public place or entranceway to any public place within the Municipality, whether or not a No Smoking sign is posted.

Sioux Lookout, ON — 2003
2. (2) The outside area not forming part of the street, road or highway that is within two metres of an entrance to any public place as designated pursuant to Subsection 2(1) hereof is also designated as a public place for the purposes of this By-Law.
3. (1) No person shall smoke in a public place.

California (State of) — 2005
7596. (a) “Public building” means a building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California Community College district.
7597. (a) No public employee or member of the public shall smoke any tobacco product inside a public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building

Philadelphia, PA — 2005
(3)(a) No person shall smoke in any of the following places
(xiii) (.7) Outdoors within ten (10) feet of any entrance to any Enclosed Area in which smoking is prohibited under this Section.

Santa Fe, NM — 2006
10-6.2 E. the city council finds and declares that the purposes of this section are
(1) to protect the public health and welfare by prohibiting smoking in public places of employment;
(2) to guarantee the right of nonsmokers to breathe smoke-free air; and
(3) to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.
10-6.7 (1) Smoking shall occur only at a distance of twenty-five (25′) feet in radius from the entrance to any enclosed area where smoking is prohibited to insure that tobacco smoke does not enter the area through entrances, windows, ventilation systems or any other means.

Normal, IL — 2006
17.6-7 Smoking is prohibited within fifteen feet of any public entrance to an area in which smoking is prohibited.
17.6-8 … the following areas shall be exempt from the provisions of Section 17.6-7.
5. Outdoor patios, except for that area of an outdoor patio within fifteen feet (15’) of a primary public entrance to an area where smoking is prohibited.

REFERENCES

• Provincial Health Services Authority, Vancouver BC: Environmental Tobacco Smoke in Indoor and Outdoor Public Places, June 8 2006
• Repace Associates, Bowie MD: Measurements Of Outdoor Air Pollution From Secondhand Smoke On The UMBC Campus, June 1 2005
• Airdrie, AB
• Beaumont, AB
• Camrose, AB
• St. Albert, AB
• Stettler, AB
• Strathcona, AB
• Huron Shores, ON
• Sioux Lookout, ON
• Berkeley, CA
• Calabasas, CA
• State of California
• Philadelphia, PA
• Santa Fe, NM
• Normal, IL



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