Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
The law prohibits smoking in all enclosed workplaces. Any designated smoking area must be outdoors and, therefore, does not affect the smoke free status of indoor workplaces. However, the law provides an exception for the airport, which is permitted to have a designated smoking area within the transit and departure lounge. Because the airport is a workplace for some people, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces, including the airport.
All indoor public places
The law prohibits smoking in all enclosed public places. Any designated smoking area must be outdoors and, therefore, does not affect the smoke free status of indoor public places. However, the law provides an exception for the airport, which is permitted to have a designated smoking area within the transit and departure lounge. Therefore, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places.
All public transport
The law prohibits smoking in “enclosed public places,” which by definition includes public transport. Therefore, smoking is prohibited in public transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport. However, to clarify the scope of the ban, the law should provide a definition of “public transport” that aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.
Government facilities
The law prohibits smoking in “enclosed public places,” which by definition specifically includes government offices. Therefore, smoking is prohibited in government facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.
Private offices
The prohibits smoking in “enclosed workplaces,” which by definition specifically includes any area that an employee frequents during the course of their employment. Therefore, smoking is prohibited in private offices.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.
Hospitals
The law expressly prohibits smoking in hospitals.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.
Residential healthcare facilities - public areas
The law prohibits smoking in “enclosed public places.” Public areas of residential healthcare facilities meet the definition of “enclosed pubic place.” Therefore, smoking is prohibited in public areas of residential healthcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.
Non-residential healthcare facilities
The law prohibits smoking in “enclosed public places.” Non-residential healthcare facilities meet the definition of “enclosed public place.” Therefore, smoking is prohibited in non-residential healthcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.
Childcare facilities/preschools
The law prohibits smoking in “any school . . . or enclosed public place.” Preschools are schools and therefore smoking is prohibited. In addition, childcare facilities and preschools meet the definition of “enclosed public place.” Therefore, smoking is prohibited in both types of facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.
Primary and secondary schools
The law expressly prohibits smoking in “any school.” Therefore, smoking is prohibited in primary and secondary schools.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.
Universities/vocational facilities
The law prohibits smoking in “any school.” “School” is interpreted to include universities and vocational facilities. Therefore, smoking is prohibited in universities and vocational facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.
Shops
The law prohibits smoking in “enclosed public places.” Shops meet the definition of “enclosed public place.” Therefore, smoking is prohibited in shops.
Cultural facilities
The law prohibits smoking in “enclosed public places.” Cultural facilities meet the definition of “enclosed public place.” Therefore, smoking is prohibited in cultural facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.
Indoor stadium/arenas
The law prohibits smoking in “enclosed public places,” which by definition specifically includes “any public place at which a sporting event is being held” as well as other public places enclosed by a roof or one or more walls. Therefore, smoking is prohibited in indoor stadiums and arenas.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.
Restaurants
The law prohibits smoking in “enclosed public places,” which by definition specifically includes restaurants and cafes. Therefore, smoking is prohibited in restaurants.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.
Note: the prohibition of smoking in restaurants and cafes went into effect as of July 20, 2013.
Bars/pubs/nightclubs
The law prohibits smoking in “enclosed public places,” which by definition specifically includes bars. In addition, bars, pubs, and nightclubs meet the definition of “enclosed public place.” Therefore, smoking is prohibited in bars, pubs, and nightclubs.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.
Note: the prohibition of smoking in bars, pubs, and nightclubs went into effect as of July 20, 2013.
Casinos
The law prohibits smoking in “enclosed public places.” Casinos meet the definition of “enclosed public place.” Therefore, smoking is prohibited in casinos.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.
Hotels/lodging - public areas
The law prohibits smoking in “enclosed public places,” which by definition specifically includes public spaces within any hotel. Therefore, smoking is prohibited in public areas of hotels and other lodging.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.
Hotels/lodgings - guest rooms
The law prohibits smoking in “enclosed public places,” which by definition specifically includes public spaces within any hotel. However, the law does not address hotel guestrooms. Therefore, the regulatory status code “Uncertain” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in guest rooms in hotels and lodging facilities.
Prisons/detention facilities - public areas
The law prohibits smoking in “enclosed public places.” Public areas of prisons and detention facilities meet the definition of “enclosed public place.” Therefore, smoking is prohibited in public areas of prisons and detention facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.
Public transport facilities (waiting areas for mass transit)
The law prohibits smoking in all enclosed public places. Public transport facilities meet the definition of “enclosed public place.” However, the law provides an exception for airports, which are permitted to have a designated smoking area within the transit and departure lounge. Therefore, the regulatory status code “Smoking is Restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public transport facilities, including airports.
Trains, buses and other shared ground transportation other than taxis
The law prohibits smoking in “enclosed public places,” which by definition includes public transport. Therefore, smoking is prohibited in trains, buses and other shared ground transportation.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transport. However, to clarify the scope of the ban, the law should provide a definition of “public transport” that aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.
Taxis (for-hire vehicle)
The law prohibits smoking in “enclosed public places,” which by definition includes public transport. Therefore, smoking is prohibited in taxis.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis. However, to clarify the scope of the ban, the law should provide a definition of “public transport” that aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.
Commercial aircraft
The law prohibits smoking in “enclosed public places”, which by definition includes public transport. This is interpreted as including commercial aircraft. Therefore, smoking is prohibited in commercial aircraft.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft. However, to clarify the scope of the ban, the law should provide a definition of “public transport” that aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.
Commercial watercraft
The law prohibits smoking in “enclosed public places”, which by definition includes public transport. This is interpreted as including commercial watercraft. Therefore, smoking is prohibited in commercial watercraft.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft. However, to clarify the scope of the ban, the law should provide a definition of “public transport” that aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.
