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Enclosed Areas

This page is under development and will be complete by May 2018.

Enclosed Areas and the ICAA

Oregon's Indoor Clean Air Act (ICAA) requires workplaces and public places to be smoke, vapor, and aerosol free. This includes enclosed areas that are open to the public.

View examples and photos

Definition

In 2017, the Oregon Legislature defined "enclosed area" in statute as the following:

"...the entirety of the space between a floor and ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways, that extend from the floor to the ceiling." (ORS 433.835)

Enforcement of the ICAA

The Oregon Health Authority (OHA) is responsible for enforcing the ICAA, which includes enclosed areas that are open to the public.

On this page:


Determining whether an area is enclosed

During a site visit, inspectors will check for the presence of a “potential outside enclosed area.” If an inspector determines that the business has a potential outside enclosed area, they will notify the business’ person in charge, take photos and video of the area and record notes.


What is a potential outside enclosed area?

These are areas where people might smoke or are permitted by the business to smoke or vape tobacco products or inhalant delivery systems, but may meet the definition of an enclosed area. An outside enclosed area could also be a stairwell, an outside apartment hallway or other structure that is not designated or designed for smoking.

The Oregon Health Authority does not approve plans for structures. Businesses should consult legal counsel before constructing or modifying a structure.

OHA is responsible for enforcing the ICAA. In the past, there have been questions from businesses about OHA’s policy for enforcing “enclosed areas.” As a result of these questions, OHA will post photos of areas that OHA has determined are enclosed or not enclosed along with rationale as to why OHA made a particular determination. This webpage will be updated regularly as determinations are made.


Why won’t an inspector or OHA just tell me how to build a smoking area?

Inspectors provide education to businesses on the ICAA and how businesses can comply with the law. OHA does not have a process or funding to support reviewing and approving structures.

Therefore:

  • OHA does not provide direction or consultation to businesses as they create or modify structures.
  • OHA does not review or approve structures.
  • While you may have conversations with inspectors about how to comply with the law, and share ideas, conversations with inspectors are not legal advice. Businesses should consult legal counsel before creating or modifying structures.

Examples and photos

Click images to view larger photos.

Enclosed

As pictured, the structure has three walls and a ceiling (the right and left walls are tent tarps enclose the area). The area is enclosed and no smoking or vaping is allowed in the area or within 10 feet of entrances, exits, air-intakes, accessibility ramps and windows that open.

Structure that is enclosed. The area has three walls and a ceiling. 

Not Enclosed

As pictured, the area has one wall and a ceiling (the right side of the structure is open). This does not meet the definition of an enclosed area.
Structure that is not enclosed. The area has one wall and a ceiling. 

Not Enclosed

As pictured, the area has one wall and a ceiling (the left side of the structure is open). This does not meet the definition of an enclosed area.

Structure that is not enclosed. The area has one wall and a ceiling. 

Not Enclosed

As pictured, the area has no walls and a ceiling. This does not meet the definition of an enclosed area.

Structure that is not enclosed. The area has no walls and a ceiling. 

Not Enclosed

As pictured, the area has no walls and a ceiling. This does not meet the definition of an enclosed area.

 

Not Enclosed

As pictured, the area has two walls and a ceiling. This does not meet the definition of an enclosed area.

Structure that is not enclosed. The area has no walls and a ceiling. 

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