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, smoking is not allowed in any pubic 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.

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:-
• Maximum occupancy rate must be 1 person per m², or equal to the number of seats.
• 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.
• 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.

Fines for Smoking in Public Places

An admission of guilt fine of R200.00 has been set by the various Magistrates Courts within the City of Cape Town, with regard to non-compliance with a notice related to the Smoking of Tobacco Products in Public Places.

Frequently Asked Questions

• How would one determine "primary business" of certain premises for purposes of section 2 of the Notice?
  A common-sense judgement based on readily ascertainable and observable criteria must be used (i.e. what it primarily taking place on the premises?)
• Is a hotel or airport one indivisible unit for purposes of the notice?
  Any restaurant, bar or nightclub in a hotel or airport must be considered a separate public place. If the various portions are all operated as a single business they can be considered as one public place.
• Do the restrictions on smoking apply to a function room rented out for a private function?
  A function room used for a private celebration is in a sense an extension of a "private dwelling" and therefore the prohibitions do not apply. The organiser may well provide certain smoking areas but does not need to comply with ratios. (The lessor may impose certain restrictions on smoking in terms of the lease agreement.)
• Is a restaurant with a bar area one or two public places for the purposes of the Notice?
  Premises should either be classified as a restaurant or a bar, therefore the bar area of a restaurant can be designated as its smoking area provided 25% of floor area is not exceeded.
• Are "private clubs" with membership requirements bound by the notice?
  No distinction should be drawn between bars and restaurants calling themselves private clubs and those that do not require a membership fee.
• Are sports clubs with membership open to the public regarded as public places?
  Smoking is not permitted in the clubhouse in general, but bar, pub or restaurant areas may have up to 25% designated as smoking areas.
• Where is smoking permitted in a workplace?
  In retail stores, etc which are not public places for purposes other than as 'workplace' only 25% of the private staff area can be designated as a smoking area. Employees' offices cannot anonymously be smoking areas. It is unlikely that the Minister intended for separate offices to be designated as smoking areas. (The practicality on installing the required ventilation and displaying prescribed signs is also an important factor).
• What kind of partition is required by the Notice?
  A partition extending from floor to ceiling.
• What percentage of hotel rooms may be used for smoking?
  Any number of rooms may be designated smoking areas provided it is not more than 25% of total floor space of the hotel. The most logical alternative would be for a hotel manager to designate specific floor(s) entirely as smoking areas.

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