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Smoking Shelter Regulations

As of July 2010, there are 26 states that ban smoking in enclosed public places. (See References 2.) This includes restaurants, bars and other types of businesses where smoking used to be acceptable. States have decided to ban smoking in public due to health and comfort reasons. Secondhand smoke emits cancer-causing carcinogens that even non-smokers would be susceptible to in public places.

  1. The Benefits of Smoking Shelters

    • Many public businesses now offer outdoor smoking areas in lieu of allowing patrons to smoke inside. These shelters are often equipped with ashtrays and trash cans so that people can properly dispose of all smoking materials. Though some businesses construct smoking shelters, no legal definition or precedent has been set to outline requirements of these shelters. Most businesses provide the shelters as a means to keep customers who may otherwise be put off by smoking bans. Typical smoking shelters allow for at least 50 percent to contain permanent open areas or other forms of ventilation.

    Potential Problems with Smoking Shelters

    • In some situations, business owners might need to consult the planning commission or other planning body in their area to ensure that the shelter doesn't cause conflict due to size, aesthetics or other factors. Depending on the location and situation, business owners should keep in mind how smoking shelters will effect neighboring businesses and residents. If too close to other buildings, the secondhand smoke might infringe upon the space of others. Proper signage telling smokers to dispose of their smoking material inside of the shelter will help eliminate the issue of littering around the business and other nearby areas.

    Smoking Shelter Alternatives

    • Business owners can consider other forms of smoking shelters that might be more convenient or less expensive. Some examples of these include awnings, tall umbrella structures, umbrellas that customers may borrow, and less formal structures, such as benches with ashtrays and trash bins nearby.

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