Smoking (Prohibition in Certain Places) (Amendment) Notification 2008

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Published in Subsidiary Legislation Supplement
on 31 Dec 2008

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No. S 706

Smoking (Prohibition in Certain Places) Act

(Chapter 310)

Smoking (Prohibition in Certain Places) (Amendment) Notification 2008

In exercise of the powers conferred by section 3(1) of the Smoking (Prohibition in Certain Places) Act, the National Environment Agency, with the approval of the Minister for the Environment and Water Resources, hereby makes the following Notification:

Citation and commencement

1. This Notification may be cited as the Smoking (Prohibition in Certain Places) (Amendment) Notification 2008 and shall come into operation on 1st January 2009.

Amendment of paragraph 2

2. Paragraph 2 of the Smoking (Prohibition in Certain Places) Notification (N 1) is amended —

(a)

by deleting the definition of “factory” and substituting the following definitions:

“ “exercise area” means any premises designated for any physical exercise or sport;

“factory” means any premises used for any industrial or manufacturing purpose, and includes any repair or processing workshop and any warehouse, as well as any corridor, lobby, stairwell, washroom or other common area in such premises to which persons employed therein have access, but does not include a construction site within the meaning of the Environmental Protection and Management Act (Cap. 94A);”;

(b)

by inserting, immediately after the definition of “hospital”, the following definition:

“ “market” has the same meaning as in the Environmental Public Health Act (Cap. 95) but excludes any outdoor market;”; and

(c)

by deleting the full-stop at the end of the definition of “theatre” and substituting a semi-colon, and by inserting immediately thereafter the following definitions:

“ “uncovered area” means an area that does not have a ceiling, roof or other structure or device (whether fixed or moveable) that prevents or impedes upward airflow;

“ventilation intake” means an air duct or other opening in any building through which outdoor fresh air is drawn into the building, whether mechanically or otherwise, to replace the air within the building.”.

Amendment of First Schedule

3. The First Schedule to the Smoking (Prohibition in Certain Places) Notification is amended —

(a)

by deleting the word “air-conditioned” in items 3, 12, 13, 18, 21 and 22;

(b)

by deleting item 9 and substituting the following item:

“9. Any lift, including the lift lobby.”;

(c)

by deleting the words “or air-conditioned” in items 14, 15 and 24;

(d)

by deleting the word “air-conditioned” in item 17 and substituting the word “enclosed”;

(e)

by deleting the words “shop, atrium,” in item 18 and substituting the words “atrium, courtyard,”; and

(f)

by inserting, immediately after item 31, the following items:

“32. Any hotel lobby.

33. Any car park —

(a)	in a multi-storey building; or
(b)	in the basement of a building,

including any corridor, lobby, stairwell or other common area within the car park, but excluding any uncovered area of the car park.

34. Any market.

35. Any playground or exercise area 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), including any sidewalk, chair or bench or other adjacent amenity for the users of the playground or exercise area or for care givers accompanying such users.

36. The following ferry terminals and piers:

(a)	West Coast Pier;
(b)	Marina South Pier;
(c)	Pasir Panjang Ferry Terminal;
(d)	Regional Ferry Terminal at Harbour Front;
(e)	Tanah Merah Ferry Terminal;
(f)	Changi Point Ferry Terminal;
(g)	Changi Ferry Terminal.

37. Any of the following areas adjacent to any building specified in any of the items from items 1 to 36 that is 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):

(a)

any part of any porch, portico, porte-cochère, vestibule, foyer, verandah of the building, or any five-foot way or other covered pedestrian thoroughfare, which lies within a radius of 5 metres from the outer edge of —

(i)	any ventilation intake of the building;
(ii)	any external window or other opening that opens into or onto any interior part of the building; or
(iii)	any part of the entrance to or exit from any such building while either public access to the building, or access usually available by the entrance or exit to enable the building to be used in a way it is ordinarily used, is available by that entrance or exit;

(b)

any uncovered area which lies within a radius of 5 metres from the outer edge of —

(i)	any ventilation intake of the building;
(ii)	any external window or other opening that opens into or onto any interior part of the building; or
(iii)	any part of the entrance to or exit from any such building while either public access to the building, or access usually available by the entrance or exit to enable the building to be used in a way it is ordinarily used, is available by that entrance or exit.”.

[G.N. Nos. S 621/2005; S 345/2006; S 268/2007]

Made this 30th day of December 2008.

CHEW GEK KHIM

Chairman,
National Environment Agency,
Singapore.

[NEA/LD/39/4 V.1/9; MEWR 030/01/119 Vol. 2; AG/LEG/SL/310/2004/1 Vol. 1]