Smoke-free guide: Determining an enclosed public place version 1.

4 - 2nd November 2009

Smoke-free guide:
How can I determine what is a wall or ceiling?
Determining an enclosed public place
Walls and ceilings do not need to be continuous to be
Introduction considered a wall or ceiling. They may have gaps and
openings and can be made out of any material, including (and
This guide contains information regarding clause 6, of the
not limited to) shade cloth, plastic and/or louvres.
Smoke-free Environment Regulation 2007 (incorporating
amendments made by the Smoke-free Environment For example, if louvres in a wall are fixed in a completely
open, horizontal position with substantial distance between
Amendment Regulation 2009).
them, it is unlikely the louvres will prevent or impede lateral
The provisions of clause 6 prescribe guidelines in relation to airflow. Therefore it is unlikely the louvres will be considered a
determining what an “enclosed public place” is, and when a ‘wall’.
covered outside area is considered to be substantially
Similarly, if louvres in a ceiling are fixed in a completely open,
enclosed for the purposes of the Smoke-free Environment Act
vertical position the louvres are unlikely to prevent or impede
2000 (the ‘Act’).
lateral airflow. Therefore the louvres are unlikely to be
It is suggested that you read this guide in conjunction with the considered a ‘ceiling’.
Act and Smoke-free Regulation 2007 (the ‘Regulation’). The
Once the louvres are angled, they may be seen to prevent or
Act and Regulation can be found at:
impede airflow and therefore may be considered to be a
http://www.legislation.nsw.gov.au/ ‘ceiling’ or a ‘wall’.
What is an enclosed public place? Locked-open doors, windows, louvres, roofs
A “public place” means a place, or vehicle, that the public, with fixed or movable slats and retractable
or a section of the public, is entitled to use or that is open to, awnings
or is being used by, the public or a section of the public
(whether on payment of money, by virtue of membership of a Clause 6 (7) of the Regulation provides the following definition:
club or other body, or otherwise). A locked-open door or locked-open window means a door or
In relation to a public place, “enclosed” means having a window that opens directly to the outside and is locked fully
ceiling or roof and, except for doors and passageways, is open (that is, secured in its fully open position by means of
completely or substantially enclosed, whether permanently or a key operated lock) for the entire duration of the trading
temporarily. day.
For the purposes of the Regulation, a public place is Any locked-open doors or windows are treated as open space
considered to be enclosed if the total area of the ceiling and provided they open directly to the outside.
wall surfaces (the total actual enclosed area) of the public
place is more than 75% of its total notional ceiling and wall Louvres that are closed, or partially closed for any reason,
area (the total notional area). for instance due to adverse weather at any point in a trading
What is the ‘total notional area’? day, whether by manual or automatic means, do not comply
with the definition of locked open door or window and will
The total notional ceiling and wall area is the sum of: NOT be counted as open space.
a) the wall surfaces, if all the walls were continuous and
the same height, equal to the lowest ceiling point and, A roof with fixed or moveable slats that is closed for any
b) the floor area, within the walls, if the walls were reason, for instance due to adverse weather at any point in a
continuous. trading day, whether by manual or automatic means, does not
comply with the definition of locked open door or window and
What is the ‘total actual enclosed area’? will NOT be counted as open space or an unroofed area.
The total actual enclosed area is the sum of the actual wall
surfaces and ceiling surfaces. A roof or awning which is extended for any reason and so
encloses, or partially encloses a smoking area, does not
Walls and ceilings comply with the definition of locked open door or window and
Clause 6 (7) of the Regulation provides the following will NOT be counted as open space or an unroofed area.
definitions:
• A wall includes any structure or device (whether fixed or How do I determine if a public place is
moveable) that prevents or impedes lateral airflow. enclosed?
• A ceiling includes a roof or any structure or device In some cases it is possible to determine an enclosed public
(whether fixed or moveable) that prevents or impedes place by simply looking at the area.
upward airflow.
In more difficult to determine areas measurements of the area
• A moveable structure includes a retractable awning, will need to be undertaken to ensure that the total actual
umbrella or any other moveable structure or device. enclosed area does not exceed 75% of its total notional area.

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 Smoke-free guide: Determining an enclosed public place version 1.4 - 2nd November 2009
As the layout of each area and establishment is different, you Wall (B) 15 x 3 = 45m2
may wish seek advice and assistance from an architect and/or Wall (C) 6x3 = 18m2
2
engineer. Ceiling (E) 15 x 6 = 90m
2
Total Actual Area = 171m
Work out the percentage enclosed
Once you have undertaken measurements and figured out Actual Area ÷ Notional Area x 100 =
your ‘total actual enclosed area’ and your ‘total notional area’ 171 m2 ÷ 216 m2 x 100 = 79%
use this calculation: The area is enclosed and smoking is not permitted.
Total Actual Enclosed Area m2 x 100 = % Enclosed ________________________________________
Total Notional Area m2
Following are some examples to assist you further in Example 2: Area has a flat ceiling, one wall
determining an enclosed public place. permanently open to the outside & two walls
________________________________________ with locked-open doors
(Diagrams not to scale)
Example 1: Area has a flat ceiling with one wall
permanently open to the outside
(Diagrams not to scale)

(Front view)
Notional Area:
The sum of the wall surfaces (if walls were
continuous) + ceiling
Ceiling height = 3m
(Front view) 2
Wall (A) 6x3 = 18m
Notional Area: 2
Wall (B) 15 x 3 = 45m
The sum of the wall surfaces (if walls were continuous) + 2
Wall (C) 6x3 = 18m
the ceiling 2
Wall (D) 15 x 3 = 45m
Ceiling height = 3m
Ceiling 15 x 6 = 90m2
Wall (A) 6x3 = 18m2
Total Notional Area = 216m2
Wall (B) 15 x 3 = 45m2
Wall (C) 6x3 = 18m2
Wall (D) 15 x 3 = 45m2
2
Ceiling (E) 15 x 6 = 90m
2
Total Notional Area = 216m

(Overhead view)
Actual Area:
The sum of the actual surfaces, including the ceiling.
Note that locked-open doors/windows are
(Overhead view)
treated as open space provided they open
Actual Area: directly to the outside and are locked open for
The sum of the actual surfaces, including the ceiling the entire duration of the trading day:
2 2
Wall (A) 6x3 = 18m Wall (B) 15 x 3 = 45m
Ceiling (E) 15 x 6 = 90m2

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 Smoke-free guide: Determining an enclosed public place version 1.4 - 2nd November 2009
Total Actual Area = 135m2
Actual Area ÷ Notional Area x 100 = Example 4:
135 m2 ÷ 216 m2 x 100 = 62.5% Outdoor area with sails as ceiling
The area is unenclosed when doors are locked open (Diagrams not to scale)

(for the entire duration of the trading day) and

(Front view)
Notional Area:
Ceiling height 2m
Wall of building (A) 20m2
Wall of building (B) 16m2
Open side (C) 16m2
2
Open side (D) 20m
2
Ceiling 80m
(Front view) 2
Total Notional Area 152m
Notional Area:
Ceiling height 2.5m
Shade cloth wall (A) 12.5m2
Wall of building (B) 20m2
Shade cloth wall (C) 12.5m2
Wall of building (D) 20m2
Open to outside (E) 7.5m2
2
Open to outside (F) 7.5m
2
Shade cloth ceiling 55m
2
Total Notional Area 135m

(Overhead view)
Actual Area: Ceiling height: 2m
Wall of building (A) 20m2
Wall of building (B) 16m2
Sail* (F) 25.5m2
2
Sail* (G) 32.8m
2
Total Actual Area 94.3m
* Area of triangle = Length x width ÷ 2
(Overhead view)
Actual area: Ceiling height 2.5m Actual Area ÷ Notional Area x 100 =
2
Shade cloth wall (A) 12.5m 94.3 m2 ÷ 152 m2 x 100 = 62%
2
Wall of building (B) 20m
2 The area is unenclosed and smoking is
Shade cloth wall (C) 12.5m
2 permitted.
Wall of building (D) 20m
Shade cloth ceiling 55m2
Total Actual Area 120m2
Disclaimer: This information is intended only as a guide and introduction to
the relevant provisions of the Smoke-free Environment Regulations 2007.
Actual Area ÷ Notional Area x 100 = The State of New South Wales does not accept any liability for any expense,
loss or damage suffered as a result of reliance upon the information
120 m2 ÷ 135 m2 x 100 = 89% contained in this document. Nothing in this document should replace the
The area is enclosed and smoking is not permitted seeking of appropriate legal advice where considered appropriate.