BP BHEAD INT H

AN ACT Relating to smoking in public places; amending RCW 70.160.020 and 70.160.040; and adding new sections to chapter 70.160 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 70.160.020 and 1985 c 236 s 2 are each amended to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly indicates otherwise.

(1) "Smoke" or "smoking" means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.

(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.

Public places include, but are not limited to: 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, and reception areas. 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.

(3) "Restaurant" means any building, structure, or area used, maintained, or advertised as, or held out to the public to be, an enclosure where ((~~meals are~~)) food is made available to be consumed on the premises, for consideration of payment.

Sec. 2. RCW 70.160.040 and 1985 c 236 s 4 are each amended to read as follows:

(1) A smoking area may be designated in a public place by the owner or, in the case of a leased or rented space, by the lessee or other person in charge except in:

(a) Elevators; buses, except for private hire; streetcars; taxis, except those clearly and visibly designated by the owner to permit smoking; public areas of retail stores and lobbies of financial institutions; office reception areas and waiting rooms of any building owned or leased by the state of Washington or by any city, county, or other municipality in the state of Washington; museums; public meetings or hearings; classrooms and lecture halls of schools, colleges, and universities; and the seating areas and aisle ways which are contiguous to seating areas of concert halls, theaters, auditoriums, exhibition halls, and indoor sports arenas; and

(b) Hallways of health care facilities, with the exception of nursing homes, and lobbies of concert halls, theaters, auditoriums, exhibition halls, and indoor sports arenas, if the area is not physically separated. Owners or other persons in charge are not required to incur any expense to make structural or other physical modifications in providing these areas.

(2) Except as provided in other provisions of this chapter, no public place, other than a bar, tavern, bowling alley, tobacco shop, or ((~~restaurant~~)) a public place where activities licensed under or authorized by chapter 9.46 RCW are conducted, may be designated as a smoking area in its entirety. If a bar, tavern, or tobacco shop((~~, or restaurant~~)) is designated as a smoking area in its entirety, this designation shall be posted conspicuously on all entrances normally used by the public. This subsection does not apply to a bar or tavern that is a restaurant as defined in this chapter.

((~~(2)~~)) (3) Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas.

((~~(3)~~)) (4) Managers of restaurants who choose to provide smoking areas shall designate an adequate amount of seating to meet the demands of restaurant patrons who wish to smoke. Owners of restaurants are not required to incur any expense to make structural or other physical modifications in providing these areas. Restaurant patrons shall be informed that separate smoking and nonsmoking sections are available.

((~~(4)~~)) (5) Except as otherwise provided in this chapter, a facility or area may be designated in its entirety as a nonsmoking area by the owner or other person in charge.

NEW SECTION. Sec. 3. A new section is added to chapter 70.160 RCW to read as follows:

(1) Except as provided by subsection (2) of this section, smoking is prohibited in any restaurant on the effective date of this section.

(2) Notwithstanding subsection (1) of this section or any local law or regulation, smoking may be permitted in (a) any restaurant having a seating capacity of fifty or fewer and (b) any other restaurant in which (i) smoking is confined to a single contiguous area that is adequate to accommodate patrons who wish to smoke and (ii) ventilation is provided in accordance with (A) the recommended ventilation rates specified for dining rooms and cafeterias in table 2 of ASHRAE Standard 62-1989 (Ventilation for Acceptable Indoor Air Quality) or (B) the requirements of the indoor air quality procedure described in ASHRAE Standard 62-1989.

(3) The ventilation and air quality requirements specified in subsection (2) of this section shall take effect six months following the effective date of this section. If a restaurant elects to provide ventilation in accordance with the recommended ventilation rate for purposes of subsection (2) of this section, the restaurant shall keep on the premises a current written certification, provided by the contractor who maintains the ventilation system that the system is operated at the specified rate. No action may lie and no claim may be asserted against any person for permitting smoking in a restaurant in accordance with this section.

(4) Any restaurant permitting smoking shall post a sign on the exterior of the building at each point of public entrance stating that smoking is allowed in the restaurant.

(5) This section shall not be construed to prevent the owner of any restaurant from prohibiting smoking entirely on any premises under his or her control.

NEW SECTION. Sec. 4. A new section is added to chapter 70.160 RCW to read as follows:

Section 3 of this act supersedes and renders void any county or city law, ordinance, or regulation that is in effect on the effective date of this section that purports to impose a prohibition or limitation with respect to smoking in restaurants that is more stringent than the requirements set forth in section 3 of this act. This act shall not be construed as an expression of legislative intent with respect to the validity or invalidity of any county or city law, ordinance, or regulation respecting smoking in any other public place that is in effect on the effective date of this section.