Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 355 - Smoking in Public Places and Indoor Workplaces › Subchapter 1 - General Provisions › Section 310:355-1-6 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used herein, shall have
				  the following meaning, unless the context clearly indicates otherwise:
"Act"
means the Oklahoma Smoking in Public
				  Places and Indoor Workplaces Act [63:1-1521 et seq].
"Building"
means an entire free standing
				  structure enclosed or predominantly enclosed by exterior walls.
"Department"
means the Oklahoma State Department
				  of Health.
"Eating establishment"
means an establishment
				  licensed by the Department under Chapter 256 or any Chapter adopted to replace
				  Chapter 256 that is primarily engaged in preparing and selling food, exclusive
				  of low-point beer and alcoholic beverages, for immediate consumption on or off
				  the premises, based upon gross receipts of the establishment.
"Indoor workplace"
means
any indoor
				  place of employment or employment-type service for or at the request of another
				  individual or individuals, or any public or private entity, whether part-time
				  or full-time and whether for compensation or not. Such services shall include,
				  without limitation, any service performed by an owner, employee, independent
				  contractor, agent, partner, proprietor, manager, officer, director, apprentice,
				  trainee, associate, servant or volunteer. An indoor workplace includes work
				  areas, employee lounges, restrooms, conference rooms, classrooms, employee
				  cafeterias, hallways, any other spaces used or visited by employees and all
				  space between a floor and ceiling that is predominantly or totally enclosed by
				  walls or windows, regardless of doors, doorways, open or closed windows,
				  stairways or the like. The provisions of this section shall apply to such
				  indoor workplace at any given time, whether or not work is being
				  performed.
[21 O.S. § 1247(A)]
"Nonsmoking area"
or
"nonsmoking
				  space"
means a smoke-free area or space.
"Recirculate"
means movement of air or smoke
				  from one area to another either mechanically by way of the heating, air
				  conditioning and ventilation system or by other means of circulation, drifting,
				  transfer or migration.
"Secondhand smoke"
means the aerosol produced
				  from vapor devices or combustion of marijuana or tobacco products---consisting
				  of a combination of many different gases, types of particulate matter, and
				  semi-volatile organic compounds, visible and invisible, odorless and with
				  odors---including smoke or vapor exhaled by smokers, smoke from the burning tip
				  of a cigarette or other marijuana or tobacco product, and materials escaping
				  through cigarette paper.
"Smoke-free location"
means
a location
				  where the use of tobacco, nicotine, marijuana or other lawful products consumed
				  in a smoke or vaporized manner are prohibited.
[21 O.S. § 1247]
"Smoke"
means smoke from combustion of marijuana
				  or tobacco products, including secondhand smoke.
" Smoke-free area"
or
"smoke-free
				  space"
means an area or space within or outside a building where smoking
				  is prohibited. Within a building that is not entirely exempt from the Act, if
				  smoking is permitted anywhere in the building, the air in the smoke-free areas
				  inside the building is protected from secondhand tobacco smoke from the smoking
				  spaces by a combination of direct exhaust from the smoking spaces to the
				  outside, full enclosure surrounding the smoking spaces, and sufficient negative
				  air pressure in the smoking spaces relative to the smoke-free areas to prevent
				  the escape of smoke from the smoking spaces to any smoke-free
				  areas.
Added at 23 Ok Reg 2363,
				  eff 6-25-06