NJ Smokefree Air Act (NJ SFAA) and DHSS Regulations That Restrict Outdoor Smoking

The 2007 DHSS regulation N.J.A.C 8:6-2.3 restricts smoking outdoors if the smoke migrates into an indoor public place or workplace where smoking is banned:

N.J.A.C 8:6-2.3 Exterior area of indoor public place or a workplace

(a) Subject to (b) below, smoking is prohibited at an exterior area if smoking in the exterior area results in migration, seepage, or recirculation of smoke to an indoor public place or a workplace at which smoking is prohibited.

(b) Subsection (a) above shall not apply to a designated outdoor smoking area established by the administrator of a correctional facility in accordance with N.J.A.C. 10A:14-2.6, provided that this exception shall not apply to smoking areas established for the exclusive use of persons other than inmates.

The 2007 DHSS regulation N.J.A.C. 8:6-7.2 bans smoking for K-12 in public and private school buildings and on school grounds as well as playgrounds and recreational areas off of school property when the school district has exclusive use. N.J.A.C. 8:6-7.2 helps to implement the 2006 NJ SFAA 26:3D-58, “Smoking is prohibited in any area of any building of, or on the grounds of, any public or nonpublic elementary or secondary school, regardless of whether the area is an indoor public place or is outdoors”:

N.J.A.C. 8:6-7.2 Smoking prohibited in school buildings and on school grounds

(a) Pursuant to N.J.S.A. 26:3D-58b, smoking is prohibited in school buildings and on school grounds.

(b) As used in (a) above, “school buildings” and “school grounds,” means and includes, with respect to public and nonpublic elementary and secondary schools:

1. Land, portions of land, structures, buildings, and vehicles, owned, operated or used for the provision of academic or extracurricular programs sponsored by a school or a community provider and structures that support these buildings, such as school wastewater treatment facilities, generating facilities, and other central service facilities including, but not limited to, kitchens and maintenance shops;

2. Athletic stadiums, swimming pools, any associated structures or related equipment tied to such facilities including, but not limited to, grandstands and night field lights, greenhouses, garages, facilities used for non- instructional or non-educational purposes, and any structure, building or facility used solely for school administration;

3. Playgrounds, and recreational places owned by local municipalities, private entities or other individuals during those times when the school district has exclusive use of a portion of such land; and

4. Certain faculty or administrator residences on school grounds as provided in N.J.A.C. 8:6-8.1(b).