These Regulations are stipulated in accordance with Paragraph 3 of Article 15 of the Tobacco Hazards Prevention and Control Act (hereunder referred to the "Act").
Indoor smoking rooms (hereunder referred to as "Smoking Rooms") may be established in hotels, shopping malls, dining and drinking establishments, or other indoor places for public consumption (hereunder referred to as "Indoor Place"), as well as welfare institutions for the elderly (hereunder referred to as "Institution"). The area of each Smoking Room shall be no less than 6 square meters and no more than 35 square meters. The total area of Smoking Rooms therein shall not exceed 20 percent of total area of that Indoor Place or Institution.
A dining and drinking establishment, where, on the same floor, there are no walls or its total open areas directly facing outside are more than one-fourth of its total wall areas, and has good ventilation, shall be regarded as semi-outdoor open space and may be exempt from the restrictions on Smoking Room establishment under these Regulations.
Smoking Rooms may not be used for any other purpose except for smoking.
Smoking Rooms shall be compartmentalized according to the following stipulations:
1.Partitioned from other indoor spaces with roofs (or ceilings), floors and walls (concrete wall, partition board or other materials).
2.The materials used for compartmentalization shall be air and fire proof, and shall not be designed with hollows that may lead to smoke leakage. The materials shall also comply with the stipulations of fire control laws and regulations.
3.The entrances and exits thereof shall be designed as being horizontal sliding mode and able to close automatically. It may not be opened except when people enter or exit.
An independent ventilation system of Smoking Rooms shall conform to the following stipulations:
1.It shall have ventilation pipes for the sole purpose of air-taking and exhausting linked to outdoor space, which shall not be interlinked with other indoor spaces, air-conditioning or ventilation system.
2.The atmospheric pressure thereof compared to that outside shall be negative and shall be more than 0.816 mmH2O8 (8 Pascal).
3.The quantity of ventilation per hour thereof shall not be less than 30 cubic meters per square meter of the floor area. Fresh air in the amount that is more than 10 times the volume of the Smoking Room shall be provided every hour.
4.The ventilation pipes shall be positioned 5 meters or more away from the entrances and exits of the building and other building, or any places where smoking is prohibited by law.
Entrances of Smoking Rooms shall be placed with conspicuous signs in Chinese language containing the following:
1.No smoking allowed except in this smoking room.
2.Information related to warnings on the harms of smoking and smoking cessation.
3.No entry for persons under 18 years of age.
4.The certificates of approved inspection described under Article 9.
The length and width of each word on the signs prescribed in Item 1 to 3 in the preceding paragraph shall not be smaller than two centimetres.
Smoking Rooms shall not be used within 1 hour prior to and after cleaning or maintenance. During the suspended hours, independent ventilation equipment therein shall be continuously switched on to allow ventilation.
Any establishment of Smoking Rooms or change of facilities thereof shall be certified with certificate by persons with appropriate profession and technical licences.
The scope of the persons prescribed in the preceding paragraph shall be published by the central competent authority in charge.
The certified certificates prescribed in Paragraph 1 shall be valid for 2 years.
These Regulations shall be implemented from January 11, 2009