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EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Work Session: Standards for Outdoor Smoking Areas Meeting Date: May 23, 2005 Agenda Item Number: B Department: Planning and Development Staff Contact: Keli Osborn www. cl. eugene, or. us Contact Telephone Number: 682-5288 ISSUE STATEMENT Dozens of outdoor smoking areas have been established at Eugene's bars and other businesses to provide designated smoking areas, following a ban enacted in 2000 on smoking inside public places and places of employment. Standards for the location and degree of enclosure for these outdoor smoking areas initially were set by administrative rule in 2001 and may not fully support City Council's objectives for safe indoor air quality and conformance with State compliance practices. BACKGROUND In February 2005, the council adopted an ordinance extending the no-smoking area around entrances for publicly owned buildings from 10 to 25 feet. In addition, staff initially recommended incorporating administrative rule provisions for outdoor smoking areas into City Code. Public testimony and City Council discussion raised issues and concerns, and standards for outdoor smoking areas were set aside. On May 9, the council held a public hearing on a proposed moratorium on new outdoor smoking areas. I4/hat currently is allowed in Eugene ? The City's administrative rule allows outdoor smoking areas for which at least 25 percent of the wall surfaces are open to outside ventilation. The result is a variety of settings including open patios, covered outdoor areas and partially enclosed smoking rooms that are separate from other portions of the business. Neither the rule nor City Code restricts outdoor smoking areas to bars and taverns. I4/hat work; well and does not work so well with Eugene's current requirement,'? The standard gives bar and tavern owners a way to designate smoking areas, something the City Council in 2000 said was desirable. It also provides a measurement, which can be helpful for administration and enforcement. However, a number of issues have emerged for employees, patrons, business owners, public health advocates, and City staff involved with permitting and compliance. 1. There are no agreed-upon standards for safe levels of tobacco smoke exposure. The American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) has revised its standards for tobacco smoke and ventilation to reflect its position that there is no effective ventilation system that will entirely mitigate the health risks of tobacco smoke exposure. Concern L:\CMO\2005 Council Agendas\M050523\S050523B.doc