Okla. Admin. Code § 310:355-1-6

Current through Vol. 41, No. 19, June 17, 2024
Section 310:355-1-6 - Definitions

The following words and terms, when used herein, shall have the following meaning, unless the context clearly indicates otherwise:

"Act" means the Oklahoma Smoking in Public Places and Indoor Workplaces Act [63:1-1521 et seq].

"Building" means an entire free standing structure enclosed or predominantly enclosed by exterior walls.

"Department" means the Oklahoma State Department of Health.

"Eating establishment" means an establishment licensed by the Department under Chapter 256 or any Chapter adopted to replace Chapter 256 that is primarily engaged in preparing and selling food, exclusive of low-point beer and alcoholic beverages, for immediate consumption on or off the premises, based upon gross receipts of the establishment.

"Indoor workplace" means any indoor place of employment or employment-type service for or at the request of another individual or individuals, or any public or private entity, whether part-time or full-time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant or volunteer. An indoor workplace includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways or the like. The provisions of this section shall apply to such indoor workplace at any given time, whether or not work is being performed. [21 O.S. § 1247(A)]

"Nonsmoking area" or "nonsmoking space" means a smoke-free area or space.

"Recirculate" means movement of air or smoke from one area to another either mechanically by way of the heating, air conditioning and ventilation system or by other means of circulation, drifting, transfer or migration.

"Secondhand smoke" means the aerosol produced from vapor devices or combustion of marijuana or tobacco products---consisting of a combination of many different gases, types of particulate matter, and semi-volatile organic compounds, visible and invisible, odorless and with odors---including smoke or vapor exhaled by smokers, smoke from the burning tip of a cigarette or other marijuana or tobacco product, and materials escaping through cigarette paper.

"Smoke-free location" means a location where the use of tobacco, nicotine, marijuana or other lawful products consumed in a smoke or vaporized manner are prohibited. [21 O.S. § 1247]

"Smoke" means smoke from combustion of marijuana or tobacco products, including secondhand smoke.

" Smoke-free area" or "smoke-free space" means an area or space within or outside a building where smoking is prohibited. Within a building that is not entirely exempt from the Act, if smoking is permitted anywhere in the building, the air in the smoke-free areas inside the building is protected from secondhand tobacco smoke from the smoking spaces by a combination of direct exhaust from the smoking spaces to the outside, full enclosure surrounding the smoking spaces, and sufficient negative air pressure in the smoking spaces relative to the smoke-free areas to prevent the escape of smoke from the smoking spaces to any smoke-free areas.

Okla. Admin. Code § 310:355-1-6

Added at 23 Ok Reg 2363, eff 6-25-06
Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022