North Carolina § 143-597 - Nonsmoking areas in State-controlled buildings.

§ 143-597. Nonsmoking areas in State-controlled buildings.

All of the following areas may be designated as nonsmoking in buildings owned, leased, or occupied by State government: Any library open to the public. Any museum open to the public. Any area established as a nonsmoking area, so long as at least twenty percent (20%) of the interior space of equal quality to that of the nonsmoking area shall be designated as a smoking area, unless physically impracticable. If physically impracticable, the person in charge of the facility shall provide an adequate smoking area within the facility as near as feasible to twenty percent (20%) of the interior space. Any indoor space in a State-controlled building such as an auditorium, arena, or coliseum, or an appurtenant building thereof; except that a designated area for smoking shall be established in lobby areas. Any educational buildings primarily involved in health care instruction and the grounds of those buildings. Except as provided in G.S. 143-599(11), any facilities of The University of North Carolina and the grounds of those facilities. Each constituent institution, except for the North Carolina School of Science and Mathematics, shall make a reasonable effort to provide residential smoking rooms in residence halls in proportion to student demand for those rooms. For purposes of this subdivision, the term "facilities" includes all of the following: State-owned buildings allocated to and occupied by The University of North Carolina. State-owned buildings allocated to The University of North Carolina and leased to a third party. The area of any building owned by a third party and occupied by The University of North Carolina as lessee. Repealed by Session Laws 2007-114, s. 2, effective July 1, 2007. All areas of any building occupied by the General Assembly shall be designated as nonsmoking areas. Any area designated as nonsmoking or smoking shall be established by the appropriate department, institution, agency, or person in charge of the State-controlled building or area, except as specified in subsection (a1). The person in charge of the building shall conspicuously post or cause to be posted, in any area designated as a smoking or nonsmoking area, one or more signs stating that smoking is or is not permitted in the area. Where a nonsmoking area is designated, existing physical barriers and ventilation systems shall be used where appropriate to minimize smoke from adjacent areas. This subsection shall not be construed to require fixed structural or other physical modification in providing these areas or to require installation or operation of any heating, ventilating, or air-conditioning system in any manner which adds expense. History (1993, c. 367, s. 1; 2003-292, s. 1; 2006-66, s. 9.11(cc); 2006-76, s. 1; 2007-114, s. 2.) Effect of Amendments. - Session Laws 2006-66, s. 9.11(cc), effective July 1, 2007, added subdivision (a)(7). Session Laws 2006-76, s. 1, effective July 10, 2006, added subsection (a1); and substituted "area, except as specified in subsection (a1)" for "area" in subsection (b). Session Laws 2007-114, s. 2, effective July 1, 2007, in subdivision (a)(5), added "and the grounds of those buildings" at the end; rewrote subdivision (a)(6); and deleted subdivision (a)(7), which read: "The North Carolina School of Science and Mathematics."