Ways to comply with no smoking law explored

Real Estate Weekly, May 17, 1995 by Frank Tierno

EPA Studies

According to the U.S. Environmental Protection Agency (EPA), 26 percent of the U.S. population, or about 50 million Americans, smoke. The EPA has found that environmental tobacco smoke (ETS) is responsible for the lung cancer deaths of approximately 3,000 non-smokers each year. EPA studies also conclude that exposure to ETS causes other significant health problems in adults.

The New York City Council found that "virtually all Americans, including all citizens of New York City, are likely to be exposed to ETS by virtue of its widespread presence in public places and in the workplace." To correct this problem, the Council decided to "strengthen existing local laws which limit the areas in which smoking is permissible."

Impact in the Workplace

Perhaps the area that will have the greatest impact is the workplace. Thousands of buildings and millions of employees will be affected. The new laws do not, however, eliminate smoking in private offices - "smoking may be permitted in say private, enclosed office which is usually occupied by no more than three individuals." However, new regulations state that "the door to any such office shall be completely closed while smoking is occurring and for a reasonable period of time thereafter... to minimize or eliminate the drift of second-hand smoke [to adjacent non-smoking areas]." Furthermore, at least one of the usual occupants must be present, and all occupants must consent.

To comply with the new laws affecting open work areas, employers, regardless of company size, will have to decide whether to prohibit smoking or to limit smoking to a designated smoking room. A designated smoking room can provide certain advantages. In addition to protecting non-smokers, it eliminates the need for employees to leave the building for the occasional cigarette, and it enables the firm to accommodate visiting clients and guests who smoke.

Additional side effects to isolating smokers from non-smokers is the likelihood of fewer employee sick days, lower health and life insurance premiums, fewer complaintsby non-smokers, and improved indoor air quality.

Smoking Room Specifications

The Smoke Free Air Act sets forth several specifications for a separate smoking room with limitations to size and content. They include:

* The room must be completely enclosed on all sides; comply will all applicable fire code requirements; and have a separate ventilation system whereby the air is directly exhausted to the outdoors. Recirculation is not permitted;

* Doors shall remain closed except to permit ingress or egress;

* The size of the room must not exceed 300 square feet;

* Employees are not required to use or pass through the room for work-related functions;

* The room must not contain office equipment other than a telephone;

* The room must not be the sole source of access to vending machines, kitchen facilities, or other smoke-free areas;

* The room must clearly be designated as "the smoking area."

A Prototype

Atkinson Koven Feinberg built a smoking room in its corporate offices that offers an excellent prototype for other companies. The 96 square-foot room has a dedicated fan which exhausts more air than is supplied. This serves to contain the smoke within the room by creating an inflow condition or negative pressure thereby preventing smoke from drifting into the surrounding smoke-free areas. Strict operating procedures ensure that all doors remain closed, except when entering or leaving the room, to maintain the pressure differential. This designated smoking room is also used as a conference room or work space for employees and guests who smoke.

For some companies, implementing the required ventilation system for smoking rooms may impose a challenge to the building facilities and operating budgets. Facilities will require that smoke-filled air be exhausted to the outdoors, which in the absence of a general exhaust system, could be a problem particularly in high-rise office buildings. In numerous New York City structures, direct penetration of curtain walls is forbidden.

Any employer who elects to provide a smoking room has 150 days from April 10, 1995 to apply for construction permits. All employers are required to implement a smoking policy by November 1, 1995.

For a copy of the 1995 Smoke Free Air Act and/or further information on compliance and suitable ventilation solutions, contact Frank Tierno at Atkinson Koven Feinberg Engineers, (212) 354-5656.

(Frank J. Tierno, P.E. is a mechanical engineer with 15 years experience in industrial and commercial HVAC applications. He is currently consulting with several companies considering a smoking room installation.)