Washington Code 70.160.075 – Smoking prohibited within twenty-five feet of public places or places of employment — Application to modify presumptively reasonable minimum distance
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Smoking is prohibited within a presumptively reasonable minimum distance of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited so as to ensure that tobacco smoke 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 twenty-five 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. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the unique circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke will not infiltrate or reach the entrances, exits, open windows, or ventilation intakes or enter into such public place or place of employment and, therefore, the public health and safety will be adequately protected by a lesser distance.
[ 2006 c 2 § 6 (Initiative Measure No. 901, approved November 8, 2005).]
NOTES:
Captions not law—2006 c 2 (Initiative Measure No. 901): See note following RCW 70.160.011.
Terms Used In Washington Code 70.160.075
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Place of employment: means any area under the control of a public or private employer which employees are required to pass through during the course of employment, including, but not limited to: Entrances and exits to the places of employment, and including a presumptively reasonable minimum distance, as set forth in RCW 70. See Washington Code 70.160.020
- Public place: means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance, as set forth in RCW 70. See Washington Code 70.160.020
- smoking: means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. See Washington Code 70.160.020