2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 7A - Functions of the Department of Health › Subchapter II - Inspections, Penalties, Waiver, and Employee Rights › § 7–741.01. Definitions

§ 7–741.01. Definitions.
For the purposes of this subchapter, the term:
(1) "Electronic smoking device" means any product, including one composed of a heating element, battery, or electronic circuit, that contains or delivers nicotine or any other 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 "electronic smoking device" includes any such product, regardless of whether it is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or by any other product name or descriptor.
(1A) “Enclosed area” means all the space between a floor and ceiling that is enclosed on all sides by solid walls or windows or doors, exclusive of doorways, that extend from the floor to the ceiling.
(2) “Place of employment” means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, and vehicles owned by a private employer, if the vehicle is used by more than one person, and excludes a private residence, unless it is used as a child care, adult day care, or health care facility.
(3) “Public place” means an enclosed area to which the public is invited or in which the public is permitted, including banks, educational facilities, health care facilities, Laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, nightclubs, retail service establishments, retail stores, shopping malls, sports arenas, taverns, theaters, and waiting rooms, and excludes a private residence, unless it is used as a child care, adult day care, or health care facility.
(4) "Smoking" means the inhaling, exhaling, burning, or carrying of a lightedor heated cigar, cigarette, pipe, electronic smoking device, or any other tobacco or plant product intended for human consumption through inhalation, in any manner or in any form.
(5) “Tobacco bar” means a restaurant, tavern, brew pub, club, or nightclub that generates 10% or more of its total annual revenue from the on-site sale of tobacco products, excluding sales from vending machines, or the rental of on-site humidors.
(Oct. 3, 2001, D.C. Law 14-28, § 4915; as added Apr. 4, 2006, D.C. Law 16-90, § 2(b), 53 DCR 1087; Feb. 18, 2017, D.C. Law 21-189, § 2, 63 DCR 14370.)
Prior Codifications
2001 Ed., § 7-741.
Cross References
Restrictions on tobacco smoking, see § 7-1701 et seq.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(a) of Department of Health Functions Clarification Emergency Amendment Act of 2019 (D.C. Act 23-83, July 16, 2019, 66 DCR 8272).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(a) of Department of Health Functions Clarification Temporary Amendment Act of 2019 (D.C. Law 23-23, Sept. 11, 2019, 66 DCR 9730).