The City of Cape Town's Environmental Health Section implements a "No Smoking in Public Places Program" that is designed to regulate, monitor and control all public facilities located within the City of Cape Town. The aim is to safeguard the health of the public from being exposed to secondary smoke inhalation by ensuring that tobacco products are smoked only in areas designated for smoking.

The services rendered by this program extends to the following:

• Investigate public complaints & concerns regarding the smoking of tobacco products in public places and if required fine transgressors of the regulation.
• Inspection of public facilities to establish their compliance with the Regulations Relating to Smoking of Tobacco Products in Public Places.
• Educate the general public with regard to the dangers of smoking and the requirements of the regulations.
• Scrutiny of building plans in order to ensure that commercial facilities adhere to ventilation standards laid down for designated smoking areas.

Guidelines for the Design of a Smoking Room/Area.

It should now be common knowledge that in terms of the Tobacco Products Control Amendment Act No. 83 of 1993 and 23 of 2007, smoking is not allowed in any public places, only in designated smoking areas or rooms.

Smoking Areas or Rooms

The object is to supply fresh air and to extract smoke from a smoking area or room in order to maintain a negative pressure in such smoking area or room (so that air is prevented from passing back into the building), and to supply the necessary signage, in accordance with the National Building Regulations and Standards Act No. 103 of 1997 and the Tobacco Products Control Amendment Act No. 83 of 1993 and 23 of 2007.

Definitions

“Smoking room” in terms of the National Building Regulations, means a dedicated room for smoking purposes only.

“Smoking area” in terms of the Tobacco Products Control Amendments Act, means an area that is partitioned off with a solid partition from floor to ceiling, and may not exceed 25 % of the total floor area of the public place.

Guidelines
 

• Smoking areas must be separated by a solid partition with an entrance door on which “SMOKING AREA” is displayed, written in black letters, at least 2 cm in height and 1,5 cm in width, on a white background.
• The message: “SMOKING OF TOBACCO PRODUCTS IS HARMFULL TO YOUR HEALTH AND TO THE HEALTH OF CHILDREN, PREGNANT OR BREASTFEEDING WOMEN AND NON-SMOKERS”, is to be displayed at the entrance to the designated smoking area or smoking room, written in black letters at least 2 cm in height and 1,5 cm in width on a white background.
• Notices and signs indicating where smoking is permitted must be permanently displayed and signs indicating that smoking is not permitted, must carry the warning: "ANY PERSON WHO FAILS TO COMPLY WITH THIS NOTICE SHALL BE PROSECUTED AND MAY BE LIABLE TO A FINE”.
• Artificial ventilation that serves the smoking area or smoking room must comply with the following:
1. Maximum occupancy rate must be 1 person per m², or equal to the number of seats.
2. 7,5 l/s minimum fresh air supply required per person in a smoking area and 20 l/s minimum fresh air supply per person in a smoking room.
3. The rate of extraction must exceed the rate of supply to such an extent that the area or room, will maintain a negative pressure i.e. air will not pass back into the building. Extract air must exhaust directly to the outside air in such a way that it will not cause a nuisance.

Example 1:
In the event of a smoking area or room adjoining an external wall, fresh air may be introduced via openable windows, but the smoke must be extracted via an independent extract system. A registered or competent person must submit a certificate of compliance. No plans are necessary unless structural changes are proposed or a ducted extract system is installed.

Example 2:
In the event of a smoking area or room not having an external wall with an openable window, fresh air may be introduced from an existing, if any, air supply system. Such existing system must not be used to extract from such area or room (i.e. return air inlets blanked off). An independent extract system must be installed. Building and Ventilation plans must be submitted to the Environmental Health Section for approval – such plans must be endorsed by a registered person as contemplated in terms of the National Building Regulations and Building Standards Act before any work commences).

Example 3:
Where no external wall adjoins the area or room, and where no artificial ventilation system exists, fresh air must be supplied by means of an artificial ventilation system. An independent extract system must be installed.

NB: Building and Ventilation plans must be submitted to the Environmental Health section for approval (examples 2 and 3) – such plans must be endorsed by a registered person as contemplated in terms of the National Building Regulations and Building Standards Act, 1977, before any work commences. In any public assembly occupancy, the escape routes must not be compromised by the provision of a smoking area or room, and a smoking area or room capable of containing 25 or more people, will be required to have a minimum of 2 escape routes.

The Tobacco Products Control Amendment Act 23 of 2007 defines certain expressions and amends certain definitions in relation to its main aim which is to provide for the control over smoking of tobacco products, to provide for standards in respect of the manufacture and export of tobacco products, to increase penalties and to provide for matter connected herewith. 

What’s new in terms of Act 23 of 2007?

• Public conveyance is now defined. (Previously in the regulations)
• Definition of a public place is amended to include partially enclosed area.
• The smoker can now be fined whereas before only the Owner or Manager of the premises was liable for a fine.
• Fines have been increased substantially.
• The definition of a tobacco product was broadened.
• No person may smoke in any motor vehicle when a child under the age of 12 years is present in that vehicle.
• No person may smoke any tobacco product in a private dwelling if that private dwelling is used for any commercial childcare activity or for schooling or tutoring.
• No person under the age of 18 years may be present in a “smoking area” of a public place or the workplace.
• The Minister may prohibit the smoking of any tobacco product in any prescribed outdoor public place, where person are likely to congregate within close proximity to one another.
  

The Tobacco Products Control Amendment Act 63 of 2008 primarily deals with the advertising, sponsorship, promotion, distribution and information required in respect of packaging and labelling of tobacco products and a new element to prohibit the sale of tobacco product to and by persons under the age of 18 years. Certain definitions and expressions are amended too. It furthermore adjusts the penalties. This Act would be enforced by the National Department of Health and the SAPS, and not the City Health Directorate.

What’s new in terms of Act 63 of 2008?

• May not sell tobacco products to persons under the age of 18.
• Sellers of tobacco products may not be under the age of 18.
• Warning pictorial now, which is to be dealt with in envisaged regulation.
• Claims of low tar/ light etc now not allowed.
• Promotion of tobacco products with toys and confectionary resembling cigarettes etc are no longer allowed.
  

The Minister may prohibit the smoking of any tobacco product in any prescribed outdoor public place, where person are likely to congregate within close proximity to one another 

Regulations to follow

• Distance that smokers must be from opening windows, door entrances, ventilation inlets etc.
• Outdoor public places that Minister may prohibit.

Summary of Requirements of New Tobacco Legislation and applicable Fines for Smoking in Public Places

See “New Tobacco Legislation Requirements - Summary” (PDF)

Please address any further questions to your nearest Environmental Health office.