New South Wales Consolidated Regulations

SMOKE-FREE ENVIRONMENT REGULATION 2016 - REG 8

8 Guidelines for determining if a place is enclosed

(1) The provisions of this clause prescribe guidelines in relation to determining what is an enclosed public place and when a covered outside area is considered to be substantially enclosed for the purposes of the Act.

(2) A public place is considered to be substantially enclosed if the total area of the ceiling and wall surfaces (the
"total actual enclosed area" ) of the public place is more than 75 per cent of its total notional ceiling and wall area.

(3) The
"total notional ceiling and wall area" is the sum of:

(a) what would be the total area of the wall surfaces if:

(i) the walls were continuous (any existing gap in the walls being filled by a surface of the minimum area required for that purpose), and

(ii) the walls were of a uniform height equal to the lowest height of the ceiling, and

(b) what would be the floor area of the space within the walls if the walls were continuous as referred to in paragraph (a).

(4) The following are to be included as part of the total actual enclosed area:

(a) any gap in a wall or ceiling that does not open directly to the outside,

(b) any door, window or moveable structure that is, or is part of, a ceiling or wall, regardless of whether the door, window or structure is open (other than the area of any locked-open door or window).

(5) A gap in a wall or ceiling that opens directly to the outside (other than a gap caused by a door, window or moveable structure being open) is not to be included as part of the total actual enclosed area.

(6) The area of a locked-open door or a locked-open window is not to be included as part of the total actual enclosed area.

(7) A gap, door, window or moveable structure required to be included as part of the total actual enclosed area is to be included as if the wall or ceiling were continuous and the gap, or the space occupied by the door, window or moveable structure, were filled by a surface of the minimum area required for that purpose.

(8) In this clause:

"ceiling" includes a roof or any structure or device (whether fixed or moveable) that prevents or impedes upward airflow.

"locked-open door" or
"locked-open window" means a door or window that opens directly to the outside and is locked fully open (that is, secured in its fully open position by means of a key operated lock).

"moveable structure" includes a retractable awning, umbrella or any other moveable structure or device, but does not include a security grill, shutter or screen that is used to secure premises only when the premises are not open for business and is fully open at all other times.

"wall" includes any structure or device (whether fixed or moveable) that prevents or impedes lateral airflow.