Item C: Standards for Outdoor Smoking Areas

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(E) There are sufficient nonsmoking lounges to accommodate nonsmokers. (4) Nothing in these rules shall prevent an employer in charge of a place of employment (PIC) or a person in charge of a public place listed in OAR 333-015-0035(3) from designating the entire place of employment or public place as smokefree. (5) Nothing in ORS 433.835 through 433.875 or in these rules requires an employer to provide an employee smoking lounge. (Stat. Auth.: ORS 433 Stats. Implemented: ORS 433 Hist.: HD 10-1983, f. & ef. 7-1-83; OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. & cert. ef. 8-19-04) 333-015-0050 Ventilation Standards (1) Any employee smoking lounge provided by an employer as permitted under OAR 333-015- 0035(3)(g) must be enclosed and shall meet the following ventilation standards and conditions: (a) Smoking lounge must have a negatively pressurized ventilation system that exhausts air to the exterior of the building with smoke-tight ducts. Termination of ducts shall be more than 30 feet from any air intake to any building; from any doors to any building; and from any window capable of being opened in any building. (b) Doors between the smoking lounge and other parts of the building must be solid and self- closing. (c) Building heating, ventilation and air conditioning (HVAC) system must be balanced to prohibit any migration of smoke from the smoking room to other parts of the building. (d) Smoking lounge ventilation system must operate at all times that the room is occupied. (e) Smoking lounge must be clearly identified with signs as described in OAR 333-015-0040(3). (2) Prior to permitting smoking in an employee lounge, an employer must obtain written certification by an actively registered professional engineer (PE) that the design, installation and performance of the ventilation system meet the standards described in these rules; and that all conditions and standards described in OAR 333-015-0050(1)(a) through (e) are met. The employer must keep the certification on the premises and must produce it for inspection at the request of DHS-HS or the Local Public Health Authority (LPHA). (Stat. Auth.: ORS 433 Stats. Implemented: ORS 433 Hist.: HD 10-1983, f. & ef. 7-1-83; OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. & cert. ef. 8-19-04)