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Model
“Enclosed” means an area with a roof or other overhead covering, and walls or side coverings of any kind covering more than 50 percent of the surface area of the vertical planes constituting the perimeter of the area. A wall includes any divider, garage door, or other physical barrier, whether retractable, temporary or permanent, except that permanently uncovered window screens shall not be considered a wall or side covering for the purpose of this definition. |
Examples
Minnesota Clean Indoor Air Act, effective October 1, 2007
144.413 Definitions.
Subdivision 1a. Indoor area. “Indoor area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.011 gauge window screen with an 18 by 16 mesh count is (not in) not a wall.
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Hawaii Smokefree Law, effective November 16, 2006
§ -1 Definitions. As used in this chapter, unless the context otherwise requires:
"Enclosed or partially enclosed" means closed in by a roof or overhang and at least two walls. Enclosed or partially enclosed areas include but are not limited to areas commonly described as public lobbies, lanais, interior courtyards, patios, and covered walkways.
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New Jersey, Final Rules, adopted March 29, 2007
8:6-2.2 Smoking in indoor public place or workplace, time irrelevant
- The fact that an establishment is not always structurally enclosed is irrelevant to the issue of whether smoking is prohibited at the establishment if the establishment is occasionally or seasonally an indoor public place and/or a workplace.
- For example, the fact that smoking would occur in an establishment that is generally accessible to the public in the summer when screens would be in place in openings that would qualify the establishment as “not structurally enclosed,” and that smoking would not occur in winter when storm windows are in place is irrelevant; if the openings are not permanently open, the area is an indoor public place and/or a workplace at which smoking is prohibited at all times.
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Massachusetts Smoke-free Workplace Law, effective July 5, 2004
Section 22. (b)(1) It shall be the responsibility of the employer to provide a smoke free environment for all employees working in an enclosed workplace.
- If the outdoor space has a structure capable of being enclosed by walls or covers, regardless of the materials or the removable nature of the walls or covers, the space will be considered enclosed, when the walls or covers are in place. All outdoor spaces shall be physically separated from an enclosed work space. If doors, windows, sliding or folding windows or doors or other fenestrations form any part of the border to the outdoor space, the openings shall be closed to prevent the migration of smoke into the enclosed work space. If the windows, sliding or folding windows or doors or other fenestrations are opened or otherwise do not prevent the migration of smoke into the work space, the outdoor space shall be considered an extension of the enclosed work space and subject to this section.
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