Outdoor Smoking Areas
Indoor workplaces including taverns and restaurants must be smoke-free starting July 5th, 2010. Customers, owners, and workers around the state are looking forward to this change. How will the law apply to outdoor areas?
All smoking MUST BE outside and AWAY FROM your main entrance.
Important definitions:
Enclosed Place: a structure with a roof and two or more substantial walls
Substantial Wall: any wall with no opening or with an opening that either does not allow air in from the outside or is less than 25% of the walls surface. This is the exact statutory language- in plain English:
- Solid walls with no openings are considered substantial
- Walls with openings like windows or doors are considered substantial
- Walls that have at least 25% open air flow all the time are NOT substantial
Remember: The main structure of all bars and restaurants MUST be smoke-free as of July 5th. Creating rooms within the existing structure of your bar is not allowed. Smoking within the licensed premise is not allowed, even if you add lots of windows.
The law says that "all lighted smoking equipment (i.e. cigarettes, cigars, pipes) must be smoked outside and a reasonable distance from all smoke-free facilities."
This "reasonable distance" provision is intended to do the following things:
- To prevent smoke from filtering back into the building.
- To prevent your non-smoking customers from having to walk past smoking customers in order to enter your business.
Consider placing outdoor ashtrays or receptacles a reasonable distance from doors. A reasonable distance varies widely but 5-10 feet away from the doorway is generally acceptable. Please remember a reasonable distance is NOT zero.
Keep in mind building a smoking shelter will be costly and there is no proven need to build such a shelter. Please remember that there is not proven need so smoking shelters. 28 other states have not needed such shelters and Wisconsinites will adapt to the changes. Before you build or modify, give us a call, send us an e-mail or submit a question online and we can talk about it.
**DON'T BUILD ANY DESIGNATED SMOKING AREA OR STRUCTURE THAT YOU CAN'T LIVE WITH, ESPECIALLY IF IT IS LATER DETERMINED TO BE ENCLOSED/INDOOR AND MUST BE SMOKE-FREE.**
BESIDES, THERE IS NO PROVEN NEED TO BUILD SUCH A ROOM. BEFORE YOU BUILD OR MODIFY GIVE US A CALL, SEND US AN EMAIL OR SUBMIT YOUR QUESTION ONLINE AND WE CAN TALK ABOUT IT.
Phone: 608-268-2620
E-mail: Click here to e-mail us.