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

§ 143‑597.  Nonsmokingareas in State‑controlled buildings.

(a)        All of thefollowing areas may be designated as nonsmoking in buildings owned, leased, oroccupied by State government:

(1)        Any library open tothe public.

(2)        Any museum open tothe public.

(3)        Any area establishedas a nonsmoking area, so long as at least twenty percent (20%) of the interiorspace of equal quality to that of the nonsmoking area shall be designated as asmoking area, unless physically impracticable. If physically impracticable, theperson in charge of the facility shall provide an adequate smoking area withinthe facility as near as feasible to twenty percent (20%) of the interior space.

(4)        Any indoor space ina State‑controlled building such as an auditorium, arena, or coliseum, oran appurtenant building thereof; except that a designated area for smokingshall be established in lobby areas.

(5)        Any educationalbuildings primarily involved in health care instruction and the grounds ofthose buildings.

(6)        Except as providedin G.S. 143‑599(11), any facilities of The University of North Carolinaand the grounds of those facilities. Each constituent institution, except forthe North Carolina School of Science and Mathematics, shall make a reasonableeffort to provide residential smoking rooms in residence halls in proportion tostudent demand for those rooms. For purposes of this subdivision, the term"facilities" includes all of the following:

a.         State‑ownedbuildings allocated to and occupied by The University of North Carolina.

b.         State‑ownedbuildings allocated to The University of North Carolina and leased to a thirdparty.

c.         The area of anybuilding owned by a third party and occupied by The University of NorthCarolina as lessee.

(7)        Repealed by SessionLaws 2007‑114, s. 2, effective July 1, 2007.

(a1)      All areas of anybuilding occupied by the General Assembly shall be designated as nonsmokingareas.

(b)        Any area designatedas nonsmoking or smoking shall be established by the appropriate department,institution, agency, or person in charge of the State‑controlled buildingor area, except as specified in subsection (a1). The person in charge of thebuilding shall conspicuously post or cause to be posted, in any area designatedas a smoking or nonsmoking area, one or more signs stating that smoking is oris not permitted in the area.

(c)        Where a nonsmokingarea is designated, existing physical barriers and ventilation systems shall beused where appropriate to minimize smoke from adjacent areas. This subsectionshall not be construed to require fixed structural or other physicalmodification in providing these areas or to require installation or operationof any heating, ventilating, or air‑conditioning system in any mannerwhich adds expense. (1993, c. 367, s. 1; 2003‑292, s. 1; 2006‑66, s. 9.11(cc);2006‑76, s. 1; 2007‑114, s. 2.)