Smoking ban inquiries tackled in city Q&A

When Springfield's new smoking ordinance takes effect in June, patrons will be able to continue smoking legally on restaurant patios -- even those with roofs -- as long as the walls don't extend to the ceiling on all sides.

Add floor-to-ceiling wind screens, however, and smoking is out, even if all the flaps are raised.

Sound complicated?

The city hopes the answers in an expanded list of frequently asked questions will bring clarity to some of the murkier issues raised by the smoke-free air ordinance approved in April.

The expanded FAQ was drafted by city legal staff and was expected to be posted online today, at www.springfieldmo. gov/smokefree.

City Attorney Dan Wichmer said the FAQ is meant to guide the public as well as Springfield-Greene County Health Department staff charged with enforcing the ban.

It is scheduled to take effect at midnight June 11.

Many of the questions pertain to the division between private residences -- where smoking generally will be allowed -- and enclosed workplaces, where it will be prohibited.

Is someone who telecommutes or works from home prohibited from smoking there?

No, the document says, although it's less clear on the question of whether a home becomes a place of employment when service workers -- such as a housekeeper, plumber or home health care worker -- are present.

"Private residences are exempted from the ordinance unless used as a child care, adult day care, or a health care facility," the document says -- repeating what the ordinance says without offering any insight into what the sentence means.

Pressed for a more direct answer, Wichmer offered an unequivocal "No."

"Even if you hire a home health care worker, it's still a house," he said. Same with hiring a housekeeper or babysitter -- "It's kind of just incidental to you living there."

The difference, Wichmer said, centers on whether a homeowner has hired someone to provide a service at the home, or is employing workers who help the homeowner earn a living. In the latter case, the home likely counts as a place of employment (and may be in violation of city zoning codes, to boot).

In some cases, different answers may apply to different kinds of people -- for example, workers versus tenants -- when determining if a building is a home or place of employment.

At an apartment complex, for example, management could allow tenants to smoke in their own apartments or private balconies, although not in hallways, rec rooms or other common areas.

An apartment complex worker fixing a leak in a smoker's kitchen couldn't legally light up, however, even if invited.

"You can smoke in there because it's a residence," Wichmer said. "For the worker, the entire complex is a job site."