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simjam31 | I build extensions does the smoking ban cover this ? |
I build extensions , does the smoking ban on the 1st july cover this ? it says open spaces are not included but its a work area , with this ban is it only when the roof , doors or windows are fitted ?? not sure what to do |
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claimbankchargesback
 |
All enclosed and partially enclosed public places and work places must now be non smoking. This includes all buildings, and temporary structures such as tents or marquees.
Premises which are said to be enclosed are ones with a ceiling or roof, and are completely enclosed on a temporary or permanent basis. Substantially enclosed premises are those with a ceiling or roof, and an opening which is smaller than half the total area of the walls.
Technically, you shouldn't allow smoking in the extension, as its a workplace. However, if you all smoke, no one is going to complain, so there shouldn't be a problem. |
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ragingmk
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You could speak to your local council for info - I suspect that the smoking ban will apply because it is a work place. |
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just trying to make a difference
 |
I was going to answer - probably but to be on the safe side avoid smoking at all...
however i decided to research the matter to get the facts and found that the act (law) stipulates exactly what is an 'enclosed' place:
Enclosed and substantially enclosed premises
2. —(1) For the purposes of section 2 of the Act, premises are enclosed if they—
(a) have a ceiling or roof; and
(b) except for doors, windows and passageways, are wholly enclosed either permanently or temporarily.
(2) For the purposes of section 2 of the Act, premises are substantially enclosed if they have a ceiling or roof but there is—
(a) an opening in the walls; or
(b) an aggregate area of openings in the walls,
which is less than half of the area of the walls, including other structures that serve the purpose of walls and constitute the perimeter of the premises.
(3) In determining the area of an opening or an aggregate area of openings for the purposes of paragraph (2), no account is to be taken of openings in which there are doors, windows or other fittings that can be opened or shut.
(4) In this regulation "roof" includes any fixed or moveable structure or device which is capable of covering all or part of the premises as a roof, including, for example, a canvas awning. |
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tynie98
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In Scotland a no go area is anything with a roof and 3 sides are considered no go as far as smoking goes and that includes bus shelters |
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Steve C
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I'm assuming you're interested in law in England.
If a single person only ever enters that area, then law allows smoking in that enclosed space. (Individual enclosed workspaces for smokers, with no cleaning staff/others/public allowed to enter them seem to be OK by the law)
You have to take steps to ensure that any workers you employ, and/or the public (which would include customers) are not exposed to smoke indoors (even if they all want to smoke).
If you are self-employed with no workers/public on the site, you would probably be covered if you put up "construction site keep out" sign and some railings/barriers.
Think anywhere that's outside is OK. Premises seem to mean building.
Are you taking about something like a car port? . I think anything with a roof and walls up to the roof would be enclosed. In Ireland a car port type structure is not enclosed (and in UK don't need planning permission)
I feel that a lot of the government/NHS "advice" doesn't quite tally with what the law passed by parliament actually says.
Could always ask the Citizens Advice Bureaux. |
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diane p
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probably will dont forget taht is someones home as well |
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abediv
|
In Scotland the ban covers any enclosed public place. It also applies to homes in some circumstances.
There is a silly bit about not smoking for 2 hours before someone official (eg plumber, electrician, police, council official etc) is due to visit your home.
As always Scotland is the guinea pig for mad-cap schemes, remember when the poll tax came in? |
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Rex
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What state?
In CA the smoking ban would be in effect. |
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beverley.newman1@btinternet.com
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Ask the home owner for whom you are building it.If they do not object,no problem,if they do then you will have to respect their wishes and smoke in the garden but keep your cigarette ends in a bin ,not on their flower beds etc! |
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