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The Smoke-free Premises etc. (Wales) Regulations 2007

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Exemptions for smoke-free premises

3.—(1) A private dwelling is not smoke-free except for any part of it which is —

(a)shared with other premises (including any other private dwelling) or

(b)used solely as a place of work other than work which is excluded by paragraphs (2) or (3).

(2) Work undertaken in part of a dwelling which is used solely as a place of work is excluded from paragraph (1)(b) if no person (other than a person who lives in the dwelling) works in that part or is invited to attend that part in connection with the work.

(3) There is excluded from paragraph (1)(b) all work which is undertaken solely —

(i)to provide personal or health care for a person living in the dwelling;

(ii)to assist with the domestic work of the household in the dwelling;

(iii)to maintain the structure or fabric of the dwelling;

(iv)to install, inspect, maintain or remove any service provided to the dwelling for the benefit of persons living in it.

(4) Subject to paragraphs (5) and (6) the following descriptions of premises are not smoke-free —

(a)designated rooms for use by those aged 18 years or more in —

(i)a care home;

(ii)an adult hospice;

(iii)a mental health unit which provides residential accommodation for patients;

(b)designated rooms in a research or testing facility;

(c)designated bedrooms in a hotel, guesthouse, inn, hostel or members' club.

(5) For the purposes of paragraph (4) a “designated room” or a “designated bedroom” as the case may be, means a room which —

(a)has been designated by the person in charge of the establishment concerned as a room in which smoking is permitted;

(b)has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid floor to ceiling walls;

(c)does not have a ventilation system that ventilates into any other part of the premises (except any other designated rooms or designated bedrooms, as the case may be);

(d)does not have any door which opens on to smoke-free premises that is not mechanically closed immediately after use; and

(e)is clearly marked as a room in which smoking is permitted.

(6) A designated room in a research or testing facility is not smoke-free whilst it is being used for any research or tests which relate to —

(i)emissions from tobacco and other products used for smoking;

(ii)development of products for smoking with lower fire hazard or the fire safety testing of materials involving products for smoking;

(iii)development of smoking or pharmaceutical products that could result in the manufacture of less dangerous products for smoking; or

(iv)smoking cessation programmes.

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