16 DE Code § 2902. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 29. Clean Indoor Air Act|§ 2902. Definitions.

§ 2902. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:  (1) “Auditorium” means the part of a public building where an audience sits and any corridors, hallways or lobbies adjacent thereto. (2) “Bar” means any indoor area open to the public operated primarily for the sale and service of alcoholic beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages. An establishment which has been licensed by the Delaware Alcoholic Beverage Control Commission as a “taproom or tavern” as that term is defined in Title 4 shall be considered a “bar” for purposes of the application of the provisions of this chapter. (3) “Electronic smoking device” means any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. (4) “Employer” means any person, partnership, association, corporation or nonprofit entity that employs 1 or more persons, including the legislative, executive and judicial branches of state government; any county, city, town, village or any other political subdivision of the State, public improvement or special district, public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government. (5) “Environmental tobacco smoke” (ETS) or “secondhand smoke” is the complex mixture formed from the escaping smoke of a burning tobacco product (termed as “sidestream smoke”) and smoke exhaled by the smoker. Exposure to ETS is also frequently referred to as “passive smoking” or “involuntary smoking.” (6) “Food service establishment” means any indoor area open to the public or portion thereof in which the principal business is the sale of food for on-premises consumption including, but not limited to, restaurants, cafeterias, coffee shops, diners, sandwich shops or short order cafes. A food service establishment shall not include the bar area of such establishment. An establishment which has been licensed by the Delaware Alcoholic Beverage Control Commission as a “restaurant” as that term is defined in Title 4 shall be considered a “food service establishment” for purposes of the application of the provisions of this chapter. (7) “Indoor area open to the public” means any indoor area or portion thereof generally accessible to the public. (8) “Place of employment” means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services but that is not generally accessible to the public. (9) “Public building” means any building owned or operated by the State, including the legislative, executive and judicial branches of state government; any county, city, town, village or any other political subdivision of the State, public improvement or special district, public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government. (10) “Public meeting” means all meetings open to the public pursuant to the laws of Delaware and its political subdivisions. (11) “Smoke-free work area” means an indoor area in a place of employment where no smoking occurs. (12) “Smoking” means:  a. The burning of a lighted cigarette, cigar, pipe or any other matter or substance that contains tobacco; or b. The use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form. (13) “Tobacco business” means a sole proprietorship, corporation, partnership or other enterprise engaged primarily in the sale, manufacture or promotion of tobacco, tobacco products and accessories either at wholesale or retail, and in which the sale, manufacture or promotion of other products is merely incidental. (14) “Vapor establishment” means a business that:  a. Generates at least 80% of its revenue from the sale of electronic smoking devices and substances for use within electronic smoking devices; and b. Does not share indoor common space with other businesses unless there are doors from the vapor establishment to the indoor common space that remain closed other than for ingress and egress. (15) “Work area” means an area in a place of employment where 1 or more employees are routinely assigned and perform services for their employer.69 Del. Laws, c. 287, §  1;  73 Del. Laws, c. 275, §§  1-6;  80 Del. Laws, c. 81, §  2;