Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 249 - SMOKING IN PUBLIC PLACES RULE › Section 144-249-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
As used in this rule, unless the context indicates otherwise,
				  the following terms and phrases have the following meanings:
A.
Designated smoking area
means
				an outdoor area where smoking is permitted, which must be at least 20 feet from
				windows, entryways, vents, doorways or other openings and must be designed to
				prevent smoke escaping from the designated smoking area into an enclosed area
				of a workplace or public place or other areas where smoking is
				prohibited.
B.
Dining and
				beverage service
means wait or self service of food or
				beverages.
C.
Eating
				establishment
has the same meaning as defined in
				22 M.R.S.
				§2491, Sub-§
									7.
D.
Electronic smoking device
means a device used to deliver nicotine or any other substance intended for
				human consumption that may be used by a person to simulate smoking through
				inhalation of vapor or aerosol from the device, including, without limitation,
				a device manufactured, distributed, marketed or sold as an electronic
				cigarette, electronic cigar, electronic pipe, electronic hookah or so-called
				vape pen.
E.
Enclosed
				area
means a space between a floor and a ceiling that is demarcated on
				all sides by walls, windows, shutters, doors or passageways. A partition,
				partial wall or office divider is a demarcation of an enclosed area if it
				extends from the floor to within 4 feet of the ceiling or from the ceiling to
				within 4 feet of the floor.
F.
Invited guest
means an individual who is 1) a relative or
				established acquaintance of a member of a club and who is continuously
				accompanied by the member; or 2) a relative, established acquaintance, or
				friend or relative of an established acquaintance of the host of a private
				function.
G.
Outdoor eating
				area
means a patio, deck or other property that is partially enclosed or
				open to the sky that is permitted for outdoor eating or drinking under the
				control of an eating establishment, as defined in
				22 M.R.S.
				§2491, Sub-§7, as long as food or
				drink is served by the eating establishment to the public for consumption on
				the premises.
H.
Public
				place
means any place not open to the sky into which the public is
				invited or allowed. Except as provided in
				22 M.R.S.
				§1542(2)(J) and §
									3(B)(7)
				of this rule, a private residence is not a public place.
I.
Residential facility
means a
				facility with one or more residential units or apartments that is licensed by
				the Department of Health and Human Services.
J.
Secondhand smoke
is tobacco
				or plant product smoke, whether natural or synthetic, given off by the burning
				end of a cigarette, pipe or cigar, a mixture of smoke from a combination of
				these sources, exhaled vapor or aerosol from use of an electronic smoking
				device, and smoke that is exhaled by a smoker.
K.
Smoking
includes carrying or
				having in one's possession a lighted or heated cigarette, cigar or pipe or a
				lighted or heated tobacco or plant product intended for human consumption
				through inhalation, whether natural or synthetic in any manner or in any form.
				"Smoking" includes the use of an electronic smoking device.
L.
State historic site
has the
				same meaning as "historic site" in
				12 M R.S.
				§1801, Sub-§
									5.
N.
State park
has the same
				meaning as "park" in
				12 M.R.S.
				§1801, Sub-§
									7.
O.
Tobacco specialty store
means
				a retail business under 2,000 square feet in which at least 60% of the
				business's gross revenue for the last calendar year was derived from the sale
				of tobacco or tobacco-related products.
P.
Ventilation
means a process
				of supplying and removing air by mechanical means. Ventilation technologies do
				not sufficiently protect individuals from the harmful effects of breathing
				secondhand smoke.