Admin Order 21-19-01-F - Laserfiche WebLink

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4. As of the effective date of this Order, Smoking Prohibited Administrative Rule R- 6.230 provides as follows: SMOKING PROHIBITED ADMINISTRATIVE RULE R-6.230 R-6.230-A Smoking Prohibited Except in Outdoor Areas. y (1) Rules R-6.230-A through R-6.230-C implement Section 6.230 of the Eugene Code, 1971 ("EC"), by defining more precisely where smoking is allowed in areas associated with a restaurant, bar or tavern with an on-premises liquor license. (2) Smoking is permitted only in designated o'Utdoor smoking areas. (3) F or purposes of this rule, a "designated outdoor smoking area" is any portion of a restaurant, bar or tavern, which is at least 1 0 feet from a door, air intake or openable window, and that either: (a) Has no roof or other overhead covering at all, regardless of whether the smoking area has any walls or sides of any type. An area qualifies as an outdoor smoking area under this paragraph only where the walls of the area are configured so that the open area at the top of any walls or side coverings is at least as large as the floor space of the smoking area below; or (b) If the smoking area is covered by a roof or other overhead covering, no more than 25 per cent of the smoking area is enclosed by walls or other side coverings. Walls and side coveripgs within ten feet of any portion of an outdoor smoking area shall be considered as walls or coverings enclosing the space. In addition, walls or side coverings more than ten feet from the outdoor smoking area may be considered as walls or side coverings enclosing the space if their effect is to prevent substantially the free flow of outdoor air into the smoking area. (4) Notwithstanding paragraph (3)(b) of this rule , (a) A smoking area that is entirely open on three sides but abuts a single , straight outside wall of a restaurant, bar or tavern complies with the standards for an outdoor smoking area in this rule even if the length of the wall exceeds 25% of the perimeter of the smoking area. (b) For purposes of this rule , "wall or other side covering" does not include walls or other structures up to 30 inches above the floor or ground level of the smoking area, or safety railings as required by the State of Oregon Structural Specialty Code , so long as they do not prevent substantially the free flow of outdoor air into the smoking area. Security coverings or other measures to protect the designated outdoor smoking area from theft and vandalism are allowed, but must be removed during hours of operation to provide a minimum 75 percent opening to the outside air. Administrative Order -Page 2 of 5