New Jersey Administrative Code › Title 8 - HEALTH › Chapter 6 - SMOKE-FREE AIR › Subchapter 1 - GENERAL PROVISIONS › Section 8:6-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms are defined in
				the Act at N.J.S.A. 26:3D-55et seq., particularly
				26:3D-57 and 59, and are used in this chapter as defined in the Act:
"Bar";
"Casino";
"Casino simulcasting facility";
"Cigar bar";
"Cigar lounge";
"Electronic smoking device";
"Indoor public place";
"Person having control of an indoor public place";
"Smoking";
"Tobacco retail establishment"; and
"Workplace".
(b) As used in this chapter, the following words
				and terms shall have the following meanings, unless the context clearly indicates
				otherwise:
"Backstream" means recirculate, as that term is defined in the
				  mechanical subcode of the New Jersey State Uniform Construction Code at
				  N.J.A.C.
				  5:23-3.20.
"Commission" means the New Jersey Casino Control Commission as
				  that term is defined at
				  N.J.S.A.
				  5:12-14.
"Comprehensive Tobacco Control Program" means the program by that
				  name established in the Community Health Services Division of the Integrated Health
				  Services Branch of the Department, for which the contact information is:
				  Comprehensive Tobacco Control Program, Community Health Services Division,
				  Integrated Health Services Branch, New Jersey Department of Health, PO Box 364,
				  Trenton, NJ 08625-0364.
"Department" means the Department of Health and Senior
				  Services.
"Establishment" means a place of business, commerce or other
				  service-related activity, whether public or privately-owned or operated on a
				  for-profit or nonprofit basis.
"Exterior area" means an area that is not structurally
				  enclosed.
1. Potential examples of exterior
				areas, depending upon whether an area is structurally enclosed, can include
				balconies, courtyards, decks, gazebos, parking lots, patios, porches, sidewalks,
				terraces, or yards.
"Generally accessible to the public," when used to describe an
				  establishment, means:
1. Persons
				other than persons having control of an establishment are permitted or required to
				enter the establishment, for any purpose, regardless of whether the entry is
				occasional or routine; or
2. Persons
				other than persons having control of the establishment perform a service or labor at
				the establishment, regardless of whether the service or labor is performed for
				profit or remuneration or on a non-profit or volunteer basis, and regardless of
				whether the service or labor is performed occasionally or routinely.
"Hookah" means an instrument or pipe, having one or more flexible
				  tubes, used to vaporize or smoke tobacco, flavored dried fruit, or any other
				  substance in which the vapor or smoke is passed through a liquid or water basin
				  before inhalation.
1. As the
				Smoke-Free Air Act defines smoking to include the burning of, inhaling from or
				exhaling the smoke from any other matter or substance that contains tobacco or any
				other matter that can be smoked, smoking by means of a hookah is included in the
				definition of "smoking" under the Smoke-Free Air Act.
"Incidental" means minor and occasional.
1. The sale of food or beverages for on-site
				consumption is a not an incidental sale of other products.
"Local board of health" shall have the meaning provided at
				  N.J.A.C.
				  8:52-2.1.
"Local health agency" shall have the meaning provided at
				  N.J.A.C.
				  8:52-2.1.
1. A searchable database and downloadable list of
				local health agencies, the municipalities over which they have jurisdiction, and
				their contact information is available at
https://www.nj.gov/health/lh
.
2. Contact information for local health agencies
				is available in the government listings section (blue pages) of most telephone
				directories.
3. The Department shall
				provide contact information for local health agencies upon request made by telephone
				to (609) 292-4993 or in writing to the Office of Local Public Health, PO Box 360,
				Trenton, NJ 08625-0360.
"New Jersey design professional" means:
1. A person licensed in New Jersey as a registered
				architect pursuant to Title 45 of the New Jersey Statutes, particularly
				N.J.S.A.
				45:3-1et seq., and the rules promulgated pursuant
				thereto at N.J.A.C. 13:27; or
2. A
				person licensed in New Jersey as a professional engineer pursuant to Title 45 of the
				New Jersey Statutes, particularly
				N.J.S.A.
				45:8-27et seq., and the rules promulgated pursuant
				thereto at N.J.A.C. 13:40.
"New Jersey-licensed certified public accountant" means a person
				  licensed in New Jersey as a certified public accountant pursuant to Title 45 of the
				  New Jersey Statutes, particularly
				  N.J.S.A.
				  45:2B-42et seq., and the rules promulgated
				  pursuant thereto at N.J.A.C. 13:29.
"Not structurally enclosed" means:
1. There are openings on the perimeter walls that
				are, in width, at least 50 percent of the width of the perimeter of the structure;
				and
2. The area of the openings totals at
				least 50 percent of the total area of the perimeter walls.
"Opening" means a door, a window, a louver, a skylight, a food or
				  beverage pass-through, or any aperture that allows the exchange of air between a
				  building interior and the outside atmosphere.
1. An opening remains an "opening" when screening
				is in place, such as at a screened-in porch, but not if or when the screening is
				replaced by a material that obstructs airflow such as a storm window, glass, wood,
				awning material, tent material, or plastic or polyethylene sheeting such as
				Visqueen(R).
2. An exterior wall or
				portion thereof consisting of glass, wood, awning material, tent material, or
				plastic or polyethylene sheeting such as Visqueen is not an "opening."
"Person having control of an establishment" means the owner or
				  operator of the establishment.
"School" means public and private elementary and secondary
				  schools.
"Tobacco product" shall have the meaning provided in the Tobacco
				  Products Wholesale Sales and Use Tax Act,
				  N.J.S.A.
				  54:40B-1et seq., particularly
				  N.J.S.A.
				  54:40B-2.