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#1 Posted : 19 June 2007 16:52:00(UTC)
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Posted By Clive Ledner
I work for a Housing Association and the management is saying we need to post smokefree signs on the entrances to our blocks of flats because of the communal areas. I would argue that where the exemptions and vehicles Regs talk about common areas of private dwellings being smokefree except where:

(2) There is excluded from paragraph (1)(b) all work that is undertaken solely—

(a) to provide personal care for a person living in the dwelling;

(b) to assist with the domestic work of the household in the dwelling;

(c) to maintain the structure or fabric of the dwelling; or

(d) to install, maintain or remove any service provided to the dwelling for the benefit of persons living in it.

Would mean that contractors and caretakers who visit occasionally, would not be covered by smokefree regulations? Is there anyone working in housing or otherwise who may know this?
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#2 Posted : 21 June 2007 09:38:00(UTC)
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Posted By Robert K Lewis
Clive

One punt at this suggests that this is where the signage regulations show yet again the total banality of their existence and the minds of those drafting them.

The exemptions you set out refer only to the dwelling areas, ie the individual flats, therefore common areas have to be regarded as Smoke Free. The logical situation, given you have to sign the building because of these requirements, is to put a sign on the entrance doors which states, Smoke Free Premises, Except For Designated Areas" Tenants can then be informed where these are, ie their own flat only.

The problems started when the definition of Smoke Free Premises was drafted. If it had been something like "any building, structure, vehicle etc which was not the persons place of residence, unless otherwise signed, or in the case of a vehicle personally owned" then all the issues causing the signage debate would have disappeared.

Ho Hum what wonderful legislators we have.

Bob
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