Posted By SBH Someone told me that a smoking shelter albeit correct in its construction should be at least three feet from the workplace and should not be attached to it. I have searched high and low for this legislation but cannot find it anywhere, smoking regs and ADB ETC, has anyone else seen this? I under stand the passive smoke principles and the need to locate away from entrances etc. SBH

Posted By Yossarian I have heard that some LA's use a distance of 1m from other structures as a figure to determine whether a structure is "substantially enclosed" or not. This arose from situations where a compliant smoking shelter was erected and then at a later date an unattached wind break was added around the structure for the comfort of users. I do not however know on what authority they use the figure though.

Posted By Tabs Some / most / all (?) LA's are using other definitions from other legislation and guidance to supplement what is in my opinion the worst drafted legislation in modern history. Imagine three walls of a building forming a convenient sized "U" space two storeys high ... add a wooden roof on a free-standing frame at 7 feet high, just the right size to fit into said "U" shaped space. Now, is the wooden frame a separate premises without walls, or does the building share walls with it and enclose said framework on three sides? Some LA's are using the separation of 1m (or other dimension) as defining separation of premises and therefore shared walls, it is a figure borrowed from elsewhere. It does not appear in the Smoking legislation - nor does a good enough definition of premises. Elsewhere, premises has been shown to mean some very strange places. Until a Court applies such a definition, we are all subject to the usual negotiations with LA's ... some are very helpful, others are not. I for one, don't want to be the test case :-)

Posted By SteveD-M Not so much an urban myth but could be part of your insurance requirements? I would check the policy as there may be a clause there stating the distance.

Posted By Merv Newman Declaration of self-interest : I am a pipe smoker. (but thinking about electric cigarettes) No legal requirement to provide shelters. Don't bother. Designate 2-metre area around all doors and 1 metre from other openings, such as windows, as no smoking. "Smoke breaks" taken in addition to normal tea/coffee/lunch breaks should be considered as "outside of working hours" and made up for at the end of the day. So there. Merv