N.J. Admin. Code § 8:6-1.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:6-1.2 - Definitions

(a) The following words and terms are defined in the Act at N.J.S.A. 26:3D-55et seq., particularly 26:3D-57 and 59, and are used in this chapter as defined in the Act:

"Bar";

"Casino";

"Casino simulcasting facility";

"Cigar bar";

"Cigar lounge";

"Electronic smoking device";

"Indoor public place";

"Person having control of an indoor public place";

"Smoking";

"Tobacco retail establishment"; and

"Workplace".

(b) As used in this chapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

"Backstream" means recirculate, as that term is defined in the mechanical subcode of the New Jersey State Uniform Construction Code at N.J.A.C. 5:23-3.20.

"Commission" means the New Jersey Casino Control Commission as that term is defined at N.J.S.A. 5:12-14.

"Comprehensive Tobacco Control Program" means the program by that name established in the Community Health Services Division of the Integrated Health Services Branch of the Department, for which the contact information is: Comprehensive Tobacco Control Program, Community Health Services Division, Integrated Health Services Branch, New Jersey Department of Health, PO Box 364, Trenton, NJ 08625-0364.

"Department" means the Department of Health and Senior Services.

"Establishment" means a place of business, commerce or other service-related activity, whether public or privately-owned or operated on a for-profit or nonprofit basis.

"Exterior area" means an area that is not structurally enclosed.

1. Potential examples of exterior areas, depending upon whether an area is structurally enclosed, can include balconies, courtyards, decks, gazebos, parking lots, patios, porches, sidewalks, terraces, or yards.

"Generally accessible to the public," when used to describe an establishment, means:

1. Persons other than persons having control of an establishment are permitted or required to enter the establishment, for any purpose, regardless of whether the entry is occasional or routine; or

2. Persons other than persons having control of the establishment perform a service or labor at the establishment, regardless of whether the service or labor is performed for profit or remuneration or on a non-profit or volunteer basis, and regardless of whether the service or labor is performed occasionally or routinely.

"Hookah" means an instrument or pipe, having one or more flexible tubes, used to vaporize or smoke tobacco, flavored dried fruit, or any other substance in which the vapor or smoke is passed through a liquid or water basin before inhalation.

1. As the Smoke-Free Air Act defines smoking to include the burning of, inhaling from or exhaling the smoke from any other matter or substance that contains tobacco or any other matter that can be smoked, smoking by means of a hookah is included in the definition of "smoking" under the Smoke-Free Air Act.

"Incidental" means minor and occasional.

1. The sale of food or beverages for on-site consumption is a not an incidental sale of other products.

"Local board of health" shall have the meaning provided at N.J.A.C. 8:52-2.1.

"Local health agency" shall have the meaning provided at N.J.A.C. 8:52-2.1.

1. A searchable database and downloadable list of local health agencies, the municipalities over which they have jurisdiction, and their contact information is available at https://www.nj.gov/health/lh.

2. Contact information for local health agencies is available in the government listings section (blue pages) of most telephone directories.

3. The Department shall provide contact information for local health agencies upon request made by telephone to (609) 292-4993 or in writing to the Office of Local Public Health, PO Box 360, Trenton, NJ 08625-0360.

"New Jersey design professional" means:

1. A person licensed in New Jersey as a registered architect pursuant to Title 45 of the New Jersey Statutes, particularly N.J.S.A. 45:3-1et seq., and the rules promulgated pursuant thereto at N.J.A.C. 13:27; or

2. A person licensed in New Jersey as a professional engineer pursuant to Title 45 of the New Jersey Statutes, particularly N.J.S.A. 45:8-27et seq., and the rules promulgated pursuant thereto at N.J.A.C. 13:40.

"New Jersey-licensed certified public accountant" means a person licensed in New Jersey as a certified public accountant pursuant to Title 45 of the New Jersey Statutes, particularly N.J.S.A. 45:2B-42et seq., and the rules promulgated pursuant thereto at N.J.A.C. 13:29.

"Not structurally enclosed" means:

1. There are openings on the perimeter walls that are, in width, at least 50 percent of the width of the perimeter of the structure; and

2. The area of the openings totals at least 50 percent of the total area of the perimeter walls.

"Opening" means a door, a window, a louver, a skylight, a food or beverage pass-through, or any aperture that allows the exchange of air between a building interior and the outside atmosphere.

1. An opening remains an "opening" when screening is in place, such as at a screened-in porch, but not if or when the screening is replaced by a material that obstructs airflow such as a storm window, glass, wood, awning material, tent material, or plastic or polyethylene sheeting such as Visqueen(R).

2. An exterior wall or portion thereof consisting of glass, wood, awning material, tent material, or plastic or polyethylene sheeting such as Visqueen is not an "opening."

"Person having control of an establishment" means the owner or operator of the establishment.

"School" means public and private elementary and secondary schools.

"Tobacco product" shall have the meaning provided in the Tobacco Products Wholesale Sales and Use Tax Act, N.J.S.A. 54:40B-1et seq., particularly N.J.S.A. 54:40B-2.

N.J. Admin. Code § 8:6-1.2

Amended by R.2014 d.189, effective 12/15/2014.
See: 46 N.J.R. 1514(a), 46 N.J.R. 2406(b).
In (a), inserted " 'Electronic smoking device';"; in (b), deleted definition "Evenly distributed", added definition "Hookah", rewrote definition "Not structurally enclosed", and deleted a comma following "not" and substituted "Visqueen(R)" for "Visqueen" in paragraph 1 of definition "Opening".
Notice of readoption with technical change, effective 1/3/2022.
See: 54 N.J.R. 46(a).