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State of Wa. Smoking regulation. 1. How far from a public

Resolved Question:

State of Wa. Smoking regulation. 1. How far from a public building must a smoker be?
Is a Senior Apt, with food services considered a public buildiing?
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.
Hello there:

Thank you for your question. Smoking in public places is prohibited in public places in Washington.

Pursuant to Revised Code of Washington sec. 70.160.020 (2):

(2) "Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance, as set forth in RCW 70.160.075, of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does not include a private residence unless the private residence is used to provide licensed child care, foster care, adult care, or other similar social service care on the premises.

Public places include, but are not limited to: Schools, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, casinos, reception areas, and no less than seventy-five percent of the sleeping quarters within a hotel or motel that are rented to guests. A public place does not include a private residence. This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public.


Under Revised Code of Washington sec. 70.160.075:

Smoking is prohibited within a presumptively reasonable minimum distance of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited so as to ensure that tobacco smoke does not enter the area through entrances, exits, open windows, or other means.

In plain English, this means:

(1) smoking must ordinarily be a minimum of 25 feet from any openings (doors, windows, etc.) of a public place.

(2) "Public place includes a food service area of a senior apartment, but not the residential apartments themselves.

Let me know if further clarification, and please feel free to leave a positive rating once you are finished (I work for positive ratings). Thanks.
Expert:  Brandon M. replied 1 year ago.
Good day:

I realize that I had a typographical error in the first line of my answer. I wrote " Smoking in public places is prohibited in public places in Washington." Clearly, that was a typing error. However, the remainder of the answer is unchanged: a smoker must generally be 25 feet from a public building, and although residences do not constitute public buildings, a building with food service would be considered a public building. Thanks, XXXXX XXXXX do apologize if there was any confusion.
Expert:  Brandon M. replied 1 year ago.
Hi:

Did you intend to leave a negative review for me? Please understand, when you leave a negative review, you are reviewing my service, not the law at hand. Negative reviews affect my standing on the website which, in turn, affects my compensation. Naturally, you're not one of those people who intends to shoot the messenger. If you did intend to leave a negative review, I hope that you would explain the basis for that review to at least give me the chance to explain or redeem myself. Thanks.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12235
Experience: Attorney experienced in numerous areas of law.
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