Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way? Examples of such places include within a specified distance of doorways, outdoor patios of bars or restaurants, parks/beaches, outdoor stadiums, and outdoor markets.
Yes
Playgrounds or exercise areas
Analysis
The law and agency notification specifically prohibit smoking on or in any playground or exercise area to which the public or a section of the public has or ordinarily would have access, whether for the payment of a fee or otherwise. This prohibition includes any sidewalk, chair, bench, or other adjacent amenity for those using the playground or exercise area or for their caregivers.
The law and agency notification specifically prohibit smoking in a public swimming pool or in the vicinity of such a pool that is likely to be frequented by any user of the pool. This smoking ban extends to any changing or shower room.
The law and agency notification specifically prohibit smoking in several areas that are adjacent to buildings where smoking is prohibited pursuant to other sections of the notification. The adjacent areas in which smoking is prohibited are generally situated near parts of the building where smoke could enter if an individual were to smoke there (e.g., near any ventilation intake, any external window, any exit or entrance to the building, any part of a porch, etc.). Smoking is prohibited within a radius of 5 meters of these areas. This provision applies to those premises which are being used for commercial, industrial, or recreational purposes or to which the public or a section of the public has or ordinarily would have access, whether for a fee or otherwise.
The law and agency notification prohibit smoking in hospitals. The definition of "hospital" specifically includes "the grounds of the hospital, any car park within those grounds and any area with the compound of the hospital."
The law specifically identifies several parks as 100% smoke free, while also permitting designated smoking areas in other specific parks. For more detail, see the places listed in the First Schedule of the Smoking (Prohibition in Certain Places) Notification (as amended).
Areas adjacent to any childcare facility, school, premises of private education (degree and non-degree) institution, and university
Analysis
The notification prohibits smoking in any area used for commercial, industrial or recreational purposes or to which members of the public or a section of the public has or ordinarily would have access (whether on payment of a fee or otherwise) that is within a radius of five meters from the outer edge of the compound of the specified premises.
