New laws regarding smoking in public places go into effect January 1, 2009. The Smokefree Workplace Law Oregon Revised Statue, 433.835-433.990, places restrictions on indoor smoking in public places and places of employment. Please visit http://www.oregon.gov?DHS/ph/smokefree/statue.shtml for more information on the new laws.
The new laws allow limited outdoor smoking areas subject to the following requirements:
A person may not smoke or carry any lighted smoking instrument within 10 feet of the following parts of public places or places of employment:
(c) Windows that open; and
(d) Ventilation intakes that serve an enclosed area.
The Bureau of Development Services does not enforce compliance with the new state law. However, the Bureau of Development Services administers local building permit and zoning regulations pertaining to designated smoking area structures erected to comply with the new state law.
Building Permit Requirements:
A commercial building permit is required for designated smoking area structures (platforms, free standing structures, covered areas, etc.) unless the structure is not more than one-story, detached, and the floor area does not exceed 120 square feet. If the structure is not more than one-story, detached, and the floor area does not exceed 120 square feet then a commercial building permit is not required. Questions regarding these requirements should be directed to the Building Code Information Line - 503-823-1456.
Although the proposed structure may not require a building permit, as specified above, Zoning Code regulations still apply to structures. To ensure that these requirements are met, a Zoning Permit is required for any detached roofed structure (even structures exempt from building permits). Planning and Zoning staff will review the proposed structure to ensure compliance with all Zoning requirements, including setbacks, building coverage, height and design review regulations. Questions regarding these requirements should be directed to the Zoning Information Hotline - 503-823-7526.
Compliance and Enforcement:
The Bureau of Development Services does not enforce compliance with the Smokefree Workplace Law. Per ORS 433.855 & 433.860 the Department of Human Services or the local board of health may inspect compliance or initiate enforcement actions. To get more information regarding the new law please contact the Department of Human Services at (971) 673-0984 or visit http://oregon.gov/DHS/ph/smokefree/index.shtml.
To file a complaint with the Department of Human Services you may call 1-866-621-6107 or visit http://oregon.gov/DHS/ph/smokefree/gotoforms.shtml