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 approve structures and does not review structures for this purpose.
- 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
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.
Click the image to view a larger photo:
Enclosed
As pictured, the structure has three walls and a ceiling. 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.
Click the image to view a larger photo:
Enclosed
As pictured, the structure has three walls and a ceiling. 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.
Click the image to view a larger photo:
Enclosed
As pictured, the structure has three walls and a ceiling. 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.
Click the image to view a larger photo:
Enclosed
As pictured, the structure has three walls and a ceiling. 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.
Click the image to view a larger photo:
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.
Click the image to view a larger photo:
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.
Click the image to view a larger photo:
Not Enclosed
As pictured, the area has no walls and a ceiling. This does not meet the definition of an enclosed area.
Click the image to view a larger photo:
Not Enclosed
As pictured, the area has no walls and a ceiling. This does not meet the definition of an enclosed area.
Click the image to view a larger photo:
Not Enclosed
As pictured, the area has two walls and a ceiling. This does not meet the definition of an enclosed area.
Click the image to view a larger photo:
Not Enclosed
As pictured, the area has two walls and a ceiling. This does not meet the definition of an enclosed area.
Click the image to view a larger photo:
Not Enclosed
The area does not have a ceiling and therefore does not meet the definition of an enclosed area.
Click the image to view a larger photo: