N.J. Admin. Code § 8:6-2.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:6-2.2 - Smoking in indoor public place or workplace; time irrelevant

(a) The time of entry into an establishment by workers or members of the public is irrelevant to the issue of whether the establishment is generally accessible to the public and/or a workplace.

1. For example, the fact that janitorial personnel may enter a structurally enclosed establishment during times other than those times when smoking would occur in the establishment does not matter; the establishment would be a workplace and/or an indoor public place at which smoking is prohibited.

(b) The fact that an establishment is not always structurally enclosed is irrelevant to the issue of whether smoking is prohibited at the establishment if the establishment is occasionally or seasonally an indoor public place and/or a workplace.

1. For example, the fact that smoking would occur in an establishment that is generally accessible to the public in the summer when screens would be in place in openings that would qualify the establishment as "not structurally enclosed," and that smoking would not occur in winter when storm windows are in place is irrelevant; if the openings are not permanently open, the area is an indoor public place and/or a workplace at which smoking is prohibited at all times.

N.J. Admin. Code § 8:6-2.2