Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-52 - Smoking Prohibitions › Section 3701-52-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								"Ashtray" means any receptacle that is used for
			 disposing of smoking materials including ash, butts, and
			 filters.
(B)
								"Club" as set forth in division (B)(13) of section
			 4301.01 of the Revised Code
			 means a corporation or association of individuals organized in good faith for
			 social, recreational, benevolent, charitable, fraternal, political, patriotic,
			 or athletic purposes, which is the owner, lessor, or occupant of a permanent
			 building or part of a permanent building operated solely for the purposes,
			 membership in which entails the prepayment of regular dues, and includes the
			 place so operated.
(C)
								"Department" means the Ohio department of health or its
			 authorized designee, unless otherwise specified.
(D)
								"Directly or
			 indirectly under the control" means the ability to exercise authority over an
			 area based upon property rights set forth under a real estate lease, title, or
			 deed.
(E)
								"Director" means the director of health or the
			 director's authorized representative.
(F)
								"Electronic
			 smoking device" means any device that can be used to deliver aerosolized or
			 vaporized nicotine or any other substance to the person inhaling from the
			 device including an electronic cigarette, electronic cigar, electronic hookah,
			 vaping pen, or electronic pipe. "Electronic smoking device" includes any
			 component, part, or accessory of such a device, whether or not sold separately,
			 and includes any substance intended to be aerosolized or vaporized during the
			 use of the device. "Electronic smoking device" does not include any product
			 that is a drug, device, or combination product, as those terms are defined or
			 described in 21 U.S.C.
			 321 and
			 353(g).
(G)
								"Employee" means
			 a person who is employed by an employer, or who contracts with an employer or
			 third person to perform services for an employer, or who otherwise performs
			 services for an employer for compensation or for no
			 compensation.
(H)
								"Employer" means the state or any individual, business,
			 association, political subdivision, or other public or private entity,
			 including a nonprofit entity, that employs or contracts for or accepts the
			 provision of services from one or more employees.
(I)
								"Enclosed area"
			 means an area with a roof or other overhead covering of any kind and walls or
			 side coverings of any kind, regardless of the presence of openings for ingress
			 and egress, on all sides or on all sides but one. For purposes of this chapter,
			 a "roof or other overhead covering" includes any structure or arrangement above
			 and area, including an outdoor patio, including substantial coverage by
			 umbrellas or awnings, that may impede the flow of air into the area, regardless
			 of the type or nature of roof or other overhead covering. A roof or other
			 overhead covering does not include materials provided by a proprietor to ensure
			 security in a confined residential setting on an outdoor patio that is
			 otherwise open to the air.
(J)
								"Enter" as used
			 in paragraph (B) of rule
			 3701-52-02 of the Administrative
			 Code means any physical movement of tobacco smoke or vapor into any area in
			 which smoking is prohibited under Chapter 3794. of the Revised Code through
			 entrances, windows, ventilation systems, or other means.
(K)
								"Entrance" means
			 a doorway through which pedestrians, including the public or employees, enter a
			 public place or place of employment. Entrance does not mean doorways through
			 which vehicles pass or through which the loading or unloading of materials
			 including but not limited to cargo or goods takes place.
(L)
								"Hotel or motel"
			 for the purposes of the exemption in division (B) of section
			 3794.03 of the Revised Code has
			 the same meaning as set forth in section
			 3731.01 of the Revised
			 Code.
(M)
								"Migrate" or "migration" means the transit or movement
			 of tobacco smoke from one place to another, regardless of cause, including the
			 movement of tobacco smoke induced or caused by changes in air
			 flow.
(N)
								"Outdoor patio" as defined in division (I) of section
			 3794.01 of the Revised Code,
			 means an area that is either: enclosed by a roof or other overhead covering and
			 walls or side coverings on not more than two sides; or has no roof or other
			 overhead covering regardless of the number of walls or other side
			 coverings.
(O)
								"Place of employment" means an enclosed area under the
			 direct or indirect control of an employer that the employer's employees use for
			 work or any other purpose, including offices, meeting rooms, sales, production
			 and storage areas, restrooms, stairways, hallways, warehouses, garages, and
			 vehicles. An enclosed area as described herein is a place of employment without
			 regard to the time of day or the presence of employees.
(P)
								"Private
			 residence" means a dwelling or area of a dwelling used as an individual's
			 private residence where there is a reasonable expectation of privacy,including
			 employer-provided housing. "Private residence" does not mean a dwelling or area
			 of a dwelling used as an individual's residence during the hours in which the
			 dwelling or area of the dwelling is operated as a childcare facility for
			 compensation, as described in paragraph (B) of rule
			 3701-52-04 of the Administrative
			 Code.
(Q)
								"Proprietor" means an employer, owner, manager,
			 operator, liquor permit holder, or person in charge or control of a public
			 place or place of employment.
(R)
								"Public place"
			 means an enclosed area to which the public is invited or in which the public is
			 permitted and that is not a private residence.
(S)
								"Retail tobacco
			 store" means a retail establishment that derives more than eighty per cent of
			 its gross revenue from the sale of lighted or heated tobacco products and
			 related smoking accessories and in which the sale of other products is merely
			 incidental. "Retail tobacco store" does not include a tobacco department or
			 section of a larger commercial establishment or of any establishment with a
			 liquor permit or of any restaurant.
(T)
								"Retail vapor
			 store" means a retail establishment that derives more than eighty per cent of
			 its gross revenue from the sale of vapor products, electronic smoking devices,
			 or other electronic smoking product accessories and for which the sale of other
			 products is merely incidental. "Retail vapor store" does not include a section
			 of a larger commercial establishment or of an establishment with a liquor
			 license or that is a restaurant.
(U)
								"Smoking" means
			 inhaling, exhaling, burning, or carrying any lighted or heated tobacco product
			 or any plant product intended for inhalation in any manner or in any form.
			 Smoking includes the use of an electronic smoking device and a vapor product.
			 "Smoking" does not include the burning of incense in a religious
			 ceremony.
(V)
								"Smoking device" means any lighted cigar, cigarette,
			 pipe or other device designed for burning tobacco or any plant for the purposes
			 of inhaling smoke. Smoking device does not mean devices designed and primarily
			 used for the burning of any plant for cooking, heating, or illumination
			 purpose.
(W)
								"Tobacco product" means any product that is made or
			 derived from tobacco or that contains any form of nicotine, if it is intended
			 for human consumption or is likely to be consumed, whether smoked, heated,
			 chewed, absorbed, dissolved, inhaled, or ingested by any other means,
			 including, but not limited to, a cigarette, an electronic smoking device, a
			 cigar, pipe tobacco, chewing tobacco, snuff, or snus. "Tobacco product" also
			 means any component or accessory used in the consumption of a tobacco product,
			 such as filters, rolling papers, pipes, blunt or hemp wraps, and liquid used in
			 electronic smoking devices whether or not they contain nicotine. "Tobacco
			 product" does not include any product that is a drug, device, or combination
			 product, as those terms are defined or described in
			 21 U.S.C.
			 321 and
			 353(g).
(X)
								"Vapor product"
			 means a product, other than a cigarette or other tobacco product as defined in
			 Chapter 5743. of the Revised Code, that contains or is made or derived from
			 nicotine and that is intended and marketed for human consumption, including by
			 smoking, inhaling, snorting, or sniffing. "Vapor product" includes any
			 component, part, or additive that is intended for use in an electronic smoking
			 device, a mechanical heating element, battery, or electronic circuit and is
			 used to deliver the product. "Vapor product" does not include any product that
			 is a drug, device, or combination product, as those terms are defined or
			 described in 21 U.S.C.
			 321 and
			 353(g). "Vapor
			 product" includes any product containing nicotine, regardless of
			 concentration.
(Y)
								"Vehicle" means any of the following:
(1)
									An enclosed motor
			 vehicle registered by the Ohio bureau of motor vehicles while used for business
			 purposes when it is occupied by one or more non-smoking
			 persons;
(2)
									A motor vehicle registered by the Ohio bureau of motor
			 vehicles that is part of a business motor pool and shared by non-smoking
			 employees;
(3)
									A motor vehicle registered by the Ohio bureau of motor
			 vehicles that is part of a business motor pool and shared by non-smoking
			 employees;
(4)
									Tourist or scenic railcars operated exclusively in
			 Ohio.
Replaces: 3701-52-01