Article 23.

Smoking in Public Places.

Part 1. Smoking in State Government Buildings.

§ 130A‑491.  Legislative intent.

It is the intent of the General Assembly to protect the health of individuals working in or visiting State government buildings from the risks related to secondhand smoke. (2007‑193, s. 1.)

§ 130A‑492.  Definitions.

The following definitions apply in this Article:

(1)       "Smoking". – The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.

(2)       "State government". – The political unit for the State of North Carolina, including all agencies of the executive, judicial, and legislative branches of government.

(3)       "State government building". – A building owned, leased as lessor, or the area leased as lessee and occupied by State government. (2007‑193, s. 1.)

§ 130A‑493.  Smoking in State government buildings prohibited.

(a)       Notwithstanding Article 64 of Chapter 143 of the General Statutes pertaining to State‑controlled buildings, smoking is prohibited inside State government buildings as provided in this section. As to smoking rooms in residence halls that were permitted by G.S. 143‑597(a)(6), this Article becomes effective beginning with the 2008‑2009 academic year.

(b)       Smoking is permitted inside State government buildings that are used for medical or scientific research to the extent that smoking is an integral part of the research. Smoking permitted under this subsection shall be confined to the area where the research is being conducted.

(c)       The individual in charge of the State government building or the individual's designee shall post signs in conspicuous areas of the building. The signs shall state that "smoking is prohibited" and may include the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. In addition, in any State psychiatric hospital, the person who owns, manages, operates, or otherwise controls the hospital shall:

(1)       Direct any person who is smoking inside the facility to extinguish the lighted smoking product.

(2)       Provide written notice to individuals upon admittance that smoking is prohibited inside the facility and obtain the signature of the individual or the individual's representative acknowledging receipt of the notice.

(d)       Notwithstanding G.S. 130A‑25, a violation of Article 23 of this Chapter shall not be punishable as a criminal violation. (2007‑193, s. 1; 2007‑459, s. 4.1.)

§ 130A‑494.  Other prohibitions.

Nothing in this Article repeals any other law prohibiting smoking, nor does it limit any law allowing regulation or prohibition of smoking on walkways or on the grounds of buildings. (2007‑193, ss. 1, 3.2.)

§ 130A‑495.  Rules.

The Commission shall adopt rules to implement this Part. (2007‑193, s. 1.)

§ 130A‑496: Reserved for future codification purposes.

§ 130A‑497: Reserved for future codification purposes.

Part 2. Local Government Regulation of Smoking.

§ 130A‑498.  Local governments may restrict smoking in public places.

(a)       Notwithstanding any other provision of Article 64 of Chapter 143 of the General Statutes to the contrary, a local government may adopt an ordinance, law, or rule restricting smoking in accordance with subsection (b) of this section.

(b)       Any local ordinance, law, or rule authorized under this section may restrict smoking only in:

(1)       Buildings owned, leased as lessor, or the area leased as lessee and occupied by local government;

(2)       Building and grounds wherein local health departments and departments of social services are housed;

(3)       (Repealed effective August 1, 2008) Public schools, school facilities, on school campuses, at school‑related or school‑sponsored events, in or on other school property, public school buses, or at day care centers. Such restrictions may be imposed by local school boards having ownership or jurisdiction over the building, campus, event, property, or vehicle; and

(4)       Any place on a public transportation vehicle owned or leased by local government and used by the public.

(c)       As used in this Part, "local government" means any local political subdivision of this State, any airport authority, or any authority or body created by any ordinance, joint resolution, or rules of any such entity.

(d)       As used in this Part, "grounds" means the area located within 50 linear feet of a building wherein a local health department or a local department of social services is housed.

(e)       A county ordinance adopted under this section is subject to the provisions of G.S. 153A‑122. (2007‑193, ss. 2, 3.1; 2007‑484, s. 31.7.)