North Carolina § 143-599 - Exemptions.

§ 143-599. Exemptions.

All of the following facilities shall be exempt from the provisions of this Article: Any primary or secondary school or child care center, except for a teacher's lounge. An enclosed elevator. Public school bus. Hospital, nursing home, rest home, and State facility operated under the authority of G.S. 122C-181. Local health department and local department of social services and the building and grounds where the local health department or local department of social services, as applicable, is located. For the purposes of this subdivision, "grounds" means the area located within 50 linear feet of a local health department or a local department of social services. Any nonprofit organization or corporation whose primary purpose is to discourage the use of tobacco products by the general public. Tobacco manufacturing, processing, and administrative facilities. Indoor arenas with a seating capacity greater than 23,000. State correctional facilities operated by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety. Community colleges. The buildings, grounds, and walkways of the University of North Carolina Health Care System and of the East Carolina University School of Medicine, Health Sciences Complex, and Medical Faculty Practice Plan. History (1993, c. 367, s. 1; 1997-506, s. 53; 2005-19, s. 1; 2005-168, s. 1; 2005-239, s. 1; 2005-372, s. 1; 2006-133, s. 1; 2007-114, s. 3; 2011-145, s. 19.1(h); 2017-186, s. 2(eeeeee).) Cross References. - As to the prohibition of tobacco products in State correctional facilities, see G.S. 148-23.1 . Editor's Note. - Session Laws 2005-372, s. 3, provides: "The Department of Correction shall conduct one or more pilot programs banning smoking both inside buildings and on the grounds of State correctional institutions and administering smoking cessation programs for staff and inmates. The pilot smoking cessation programs shall be available to inmates and staff on a volunteer basis, and no person shall be compelled or coerced to participate. The smoking cessation program shall include instructions and education that will help inmates and staff cease the use of tobacco products and remain smoke free. The cost of administering the pilot smoking cessation program shall be paid from existing funds available to the Department of Correction. The Department of Correction may use services, personnel, and resources donated by nongovernmental agencies and organizations to implement this program. The Department of Correction shall report to the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee on or before April 1, 2006, on the progress and status of the pilot programs." Session Laws 2005-372, s. 4, provides: "The Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee shall study and make legislative recommendations on the feasibility and implementation of a two-year phase-in program banning smoking by all inmates, personnel, and visitors in all buildings and on all grounds of State correctional institutions operated by the Department of Correction. This study shall examine methods to assist with smoking cessation, including the use of nongovernmental agencies, organizations, and corporations for counseling, training, cessation aids, and interventions. The Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee shall report the results of this study to the General Assembly prior to the convening of the 2006 Session of the 2005 General Assembly." Effect of Amendments. - Session Laws 2005-19, s. 1, effective April 28, 2005, added "and the building and grounds where the local health department is located. For the purposes of this subdivision, 'grounds' means the area located within 50 linear feet of a local health department" at the end of subdivision (5). Session Laws 2005-168, s. 1, effective July 7, 2005, in subdivision (5), rewrote the first sentence, and added "or a local department of social services" in the second sentence. Session Laws 2005-239, s. 1, effective July 29, 2005, added subdivision (8). Session Laws 2005-372, s. 1, effective January 1, 2006, added subdivision (9). Session Laws 2006-133, s. 1, effective July 19, 2006, added subdivision (10). Session Laws 2007-114, s. 3, effective July 1, 2007, added subdivision (11). Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in subdivision (9). Session Laws 2017-186, s. 2(eeeeee), effective December 1, 2017, inserted "and Juvenile Justice" in subdivision (9).