Documente Academic
Documente Profesional
Documente Cultură
DUBAI MUNICIPALITY
_______________________________________________________________
ADMINISTRATIVE RESOLUTION No. (92) FOR THE YEAR 2009
PRESCRIBING THE ADOPTION OF
"MANUAL OF REGULATING SMOKING IN PUBLIC PLACES"
The General Director of Municipality:
- After reviewing the powers legally entitled to us according to the decree of
establishing Dubai Municipality; and
- According to the provisions of local order No. (11) for the year 2003
concerning the "public health and safety of community in the emirate of
Dubai"; and
- According to the administrative resolution No. (30) for the year 2007 on
issuing the executive regulations of the local order No. (11) for the year 2003
concerning the "Public Health and Safety of Community in the Emirate Of
Dubai" and amendments hereof.
We have decided the following:
Article (1):
Article (2):
The Director of Public Health & Safety Department shall issue any
instructions necessary for enforcing the provisions of this resolution.
Article (3):
This resolution shall be put into action from the date of its issue.
are
considered
of
the
major
objectives
toward
which
H.H.
SECTION ONE
GENERAL PROVISIONS
For the purpose of this manual, the term "Smoking Regulation" means
determining the public places in which smoking is totally prohibited, and the
places in which smoking is permitted according to specific conditions that
prevent the negative consequences of smoking on both smokers themselves
and non-smokers as well.
"No Smoking" signs, or the international "No Smoking" must be clearly posted
in all locations in which smoking is prohibited.
4
The places allocated for smokers should not cause any harm or annoyance to
the adjacent areas. A warning notice shall be addressed in case of violation. If
violation has been repeated, then this permission shall be cancelled.
These conditions shall be enforced from the year 2009 and shall be reviewed
and updated periodically.
The applications for getting a permit for allocating a place for smoking shall be
studied by the concerned responsible officers in the Municipality for giving
their decision thereon if the Municipality finds such places suitable for this
purpose.
Applications for getting a permit for places allocated for smoking shall be
presented to the Public Health & Safety Department of Dubai Municipality
after attaching the following documents:
Filling the application form.
Trade License of the establishment.
Layout of full floor plan of
SECTION TWO
CONDITIONS AND REGULATIONS OF ORGANIZING SMOKING
First Shopping Centers
Scope of Application:
These conditions shall be applicable to all shopping centers and likewise.
1- Areas in which smoking is totally prohibited:
Entrances
Walk ways
Lifts and escalators
Staircases
Lavatories
Amusement & entertainment areas
Places of employees
Offices
Cinemas
Meetings & conference halls
Stores
Food Courts
Prayer rooms and Ablution places
Enclosed car parking
All shops & showrooms
7
Places allocated for serving Shisha (water smoking pipe). (permitted areas only).
Second Hotels:
Scope of Application:
These conditions shall be applicable to all hotels, hotel apartments, boardinghouses
and likewise.
1- Places in which smoking is totally prohibited:
Entrances
Walkways
Staircases
Lavatories
Places of employees
Offices
8
Business centers
Banquet rooms
Health clubs
Spas
Passengers vehicles
Places allocated for smoking that are satisfying the conditions prescribed in
annex No. (1) of this Manual.
Private enclosed sitting halls that are satisfying the conditions prescribed in the
two annexes Nos. (2) and (3) of this manual.
Enclosed nightclubs and bars that are satisfying the conditions prescribed in
the two annexes Nos. (2) and (3) of this manual.
Places allocated for serving shisha (water smoking pipe) (permitted areas only).
Tents established during the holy month of Ramadan at five and four star hotel
establishments that are satisfying the conditions prescribed in annex No. (2) of
this Manual.
5.
those
c) The place allocated for smokers must be at least 25 feet away from the
buildings entrances or exits, windows, and the fresh air intake of the
ventilation and air conditioning system.
d) Clear signs shall be posted at the places designated for smokers and nonsmokers.
6. No owner, lessee, manager, or person in charge of a restaurant and caf, which
designate a smoking area, shall fail to ensure that such employee asks each
patron for the patrons preference for seating in or use of a No-Smoking or a
Smoking area.
7. The owner, lessee, manager, or person in charge of a restaurant and caf, which
designate a smoking area shall enforce what has been prescribed above and
shall not allow smoking except in the places designated for smokers.
License Conditions:
1. The shop must licensed by the Department of Economic Development for the
activities of (Billiard hall/internet services/electronic games, etc.)
2. The shop internal area must not be less than 2000 sq/ft (and games hall area
shall not be less than 1500 sq/ft).
3. Approval of the Buildings Department on decoration works.
4. A permit to be issued by the Public Health & Safety Department (Permit shall
include the necessity of availability of conditions needed for the ventilation and
air-conditioning systems, along with compliance with working hours decided
for this kind of activity).
Public Health & Safety Conditions:
1. The area designated for smokers must satisfy the following conditions and
specifications:
The area must be completely isolated from the areas allocated for nonsmokers and its height must not be less than 9 ft.
The location area must not exceed 30% of the hall total area.
The amusement and entertainment appliances located in the areas allocated
for smokers must not exceed 50% of the amusement and entertainment
appliances located in the non-smokers area.
The area shall not include services needed by non-smokers (such as
telephone or any amusement or entertainment appliances, or programs, or
13
electronic games not being available in the areas designated for nonsmokers).
Occupant density shall be not higher than acceptable limit (1person /20
feet square)
A designated smoking area may not include any waiting area lobby, hall
way, elevator, area adjacent to a self-service food line or cash register, and
such areas shall also be excluded from the calculation of the square footage
of the floor area
Room must be equipped with self-closing door(s) and should be kept closed
at all times except the time of entry and exit. Doors should be equipped
with an alarm that will be activated if the door remains open for more than
60 seconds.
Clear signs shall be posted at entrances showing the area designated for
smokers and non-smokers.
The area shall not be used as a pass way to non-smokers to have access to
another area.
6. The area should not cause any annoyance to the building or neighboring area,
or the area in general, or to traffic movement, or public parks.
7. One latrine and external lavatory at least should be provided for men and the
same for women which must have separate entrances.
8. No owner, lessee, manager, or person in charge of premises, which designate a
smoking area, shall fail to ensure that such employee asks each patron for the
patrons preference for seating in or use of a No-Smoking or a Smoking area.
9. The owner, lessee, manager, or person in charge of premises, which designate a
smoking area shall enforce what has been prescribed above and shall not allow
smoking except in the places designated for smoker
SECTION THREE
CONDITIONS & REGULATIONS OF SHISHA SMOKING PLACES
Scope of Application:
These conditions shall be applicable to all cafeterias and restaurants in which shisha
smoking (water smoking pipe) is allowable.
Planning Conditions:
Planning conditions for coffee shops/restaurants closed internal halls:
Shisha coffee shops shall be licensed in the areas classified as commercial
(CBD, C3, C2), and those areas classified as tourist, and residential
commercial areas (RC2) located at the approved main streets.
15
Shisha coffee shops shall be licensed in the main streets located between
residential commercial areas (RC1).
Commercial buildings: Coffee shops/restaurants should have a separate
external entrance according to the basic design approved for the building, or
the interior entrance to be at a separating distance no less than 25 ft from
any common area inside the building, and should not have direct scope of
view on the remaining facilities and shops located inside the building.
Shopping Centers: Shisha maybe served in the exterior places only or in the
shops that have an external separate entrance which should not be located in
the main faade of the building, and that the place of serving shisha should
be invisible to the center visitors (from both outside and inside). Also, the
shop should be isolated from the center other facilities.
Hotels: Shisha maybe served in the external places only, or in restaurants and
nightclubs only authorized to serve shisha (restaurant and nightclub) that
have separate external entrance, or the internal entrance should be located at
a separating distance no less than 25 ft from any common area inside the
hotel. The place of serving shisha should be invisible to the hotel visitors
and residents (from both inside and outside).
The shop entrance (restaurant/coffee shop) must be far from the building
main entrances or neighboring shops of a distance no less than 25 ft.
The shop (restaurant/coffee shop) must be far from schools of a distance no
less than 150m.
The shop must be far from mosques of a distance no less than 100m.
16
6. The license shall be obtained from the Public Health & Safety Department.
(The license shall include the necessity of satisfying the conditions relevant to
ventilation and air-conditioning systems and compliance with working hours
established for this kind of activity (09:00 a.m. 01:00 after midnight).
Public Health & Safety Conditions:
1. The shop must be completely isolated from the adjacent areas and its ceiling
height must not be less than 9 ft.
2. Doors should be automatically closed and to be remained closed at all times
except the time of entry and exit.
3. A space not less than 50 sq/ft should be provided for cleaning and preparing
shisha which must be isolated from the place of preparing tea and coffee or any
other approved activity. The following requirements should be met at the
places of preparing shisha:
a) Providing a table for preparing shisha to be made of rustproof material
(stainless steel).
b) Providing a lavatory to be dedicated for washing shisha.
c) Providing charcoal platform inside the shop to be connected to
a mechanical ventilation system for expelling polluted air (exhaust) directly
outward.
d) The smoking hall must be separated from the place of preparing shisha, tea,
coffee or other drinks.
e) Occupant density shall be not higher than acceptable limit (1person /20
feet square)
18
One latrine and external lavatory at least should be provided for men and
another unit for women.
6. A warning notice (poster) shall be placed at the shop entrance prohibiting the
entry for those below 20 years of age.
7. Shisha may not be served outside the shop (service of delivering shisha to
offices, houses or cars).
8. All coffee shop workers should have valid vocational health cards.
9. Public safety conditions shall be provided in the shop, along with providing fire
extinguishers to be placed in clear areas.
10. Providing first-aid kit.
11. Charcoal shall be stored in a safe manner for avoiding inflammation.
12. Consumed charcoal shall be stored in a safe manner by placing it in fireproof
containers (metal or porcelain) away from any inflammable materials at a
distance no less than 10 ft, in addition to placing a sign on container showing
that it contains hot and dangerous charcoal.
13. Floor must not be covered with inflammable materials or materials that are
difficult to be cleaned.
14. If the shop could accommodate more than 50 seats, then emergency exits
should be provided for the shop, along with placing guiding signs for this
purpose.
19
15. The place should not cause any inconvenience to the neighboring building and
adjacent area in general, or to traffic and public parking areas.
16. Shisha must not be served inside cabins that are closed from three sides or
more.
17. A hall or space maybe allocated for families of area no less than 300 sq/ft
which must have a suitable entrance.
Second Restaurants
Licensing Conditions:
1. Approval of the Planning Department on the location.
2. The restaurant must be licensed by the Department of Economic Development
(restaurant and coffee shop/coffee shop and cafeteria/coffee shop and snack).
3. The shop area must not be less than 1500 sq/ft (provided that the internal
eating hall area should not be less than 1000 sq/ft. provided that this area shall
not include any common or external areas.
4. Approval of the Buildings Department on decoration works.
5. Approval (no-objection letter) of the building proprietor or party authorizing
the provision of shisha service inside the shop.
6. Extracting the license from the Public Health & Safety Department (which
shall include the necessity of satisfying the necessary conditions for the
ventilation and air-conditioning systems, and compliance with working hours
established for this kind of activity (09:00 a.m. 01:00 after midnight).
20
5.
The external plaza may not exceed the extension of exterior faades of the
licensed shop.
6.
7.
No changes to the external floors maybe made except after getting the
necessary permit thereon.
8.
The place allocated for shisha smoking must be distant of 5 ft at least from
pedestrians walk ways.
9. The place allocated for shisha smoking must be distant of 25 ft at least from the
buildings entrances and shops so as not to cause any annoyance to others, and
should be surrounded with beautiful plantations beds for screening the area of
those smoking shisha from pedestrians.
Licensing Conditions:
1. The sidewalks, external plazas and terrace belonging to the coffee shop,
restaurant and coffee shop, or coffee shop and cafeteria, or coffee shop and
snack, must be licensed by the Department of Economic Development and
authorized to service shisha.
2. The approval of Planning Department on the location should be obtained.
3. The approval of Roads & Transportation Authority/Parks Department must
be obtained for exploiting sidewalks.
4. The approval (no-objection letter) of the building proprietor/or party
authorizing the provision of shisha service outside the shop should be
obtained.
22
5. Extracting the permit from the Public Health & Safety Department.
Public Health & Safety Conditions:
In addition to the conditions governing the shisha coffee shops and restaurants, the
following must also be complied with:
1. The area allocated for smokers must be at a distance of at least 25 ft from the
windows or louvers of ventilation and air-conditioning systems using external
air.
2. The area allocated for smokers must be at a distance of 12 ft at least from
swimming pools.
3. External plazas may not be used for storing charcoal or preparing it or
preparing or cleaning shisha.
4. The external plaza may not be used for displaying shisha or for shisha
advertisement purposes.
5. The seats allocated for smokers must not exceed 75% of total number of seats
(coffee shops excepted).
6. Seats allocated for smokers must be far from the seat allocated to non-smokers
of a distance no less than three feet (coffee shops excepted).
7. Clear signboards should be placed indicating the areas allocated for both
smokers and non-smokers.
8. The location should not cause any annoyance to the building or neighboring
buildings or the area in general or to traffic movement or public car parks.
9. Compliance with all conditions and criterions relevant to occupying sidewalks,
external plazas of buildings and commercial shops in the emirate of Dubai
according to order No. (1) for the year 2006 in respect of occupying sidewalks
23
and external plazas of buildings and commercial shops in the emirate of Dubai
and its executive bylaw No. (173) for the year 2007.
Exploiting External Plazas of Hotel Installations:
Smoking shisha is permitted in the open places, which include the external plazas,
terrace, roofs of buildings belonging to hotel. Smoking may also be permitted in
tents established during the holy month of Ramadan in four-star hotels and over,
provided such places must satisfy the planning, licensing and health conditions and
public safety requirements relevant to serving shisha as illustrated under item three
above relevant to the exploitation of sidewalks and external plazas for shisha
smoking (with the exception of the area conditions stated under item three of
licensing conditions for shisha coffee shops and restaurants).
24
SECTION FOUR
VIOLATIONS AND PENALTIES RELEVANT TO SMOKING
REGULATION
S.
Description
Penalty
(AED)
01
02
2000
products.
03
1000
04
05
5000
1000
1000
2000
1000
2000
11
1000
smoking.
26
3.
4.
The area shall not be used for any other activity other than smoking such as
like sitting, resting, eating, playing games, entertainment or anything else.
5.
The place allocated for smokers must be at least 25 feet away from the
buildings entrances or exits, windows, and the fresh air intake of the
ventilation and air conditioning system.
6.
Occupant density shall be not higher than acceptable limit (1person /20 feet
square)
27
7.
A signboard written in English and Arabic and any other language shall be
placed for informing that the area is designated for smokers only.
8.
The area must not include services needed by non-smokers (like telephone).
9.
The area shall not be used as a passage way by non-smokers for having access
to another area.
10. No one under 20 years old permitted in smoking areas. A warning signs
(poster) must be clearly posted at the entrance of the smoking areas for this
purpose.
11. The area should satisfy the safety conditions, which include but not limited to,
fireproof materials and providing the firefighting systems.
12. The area should satisfy the conditions and specifications relevant to
ventilation and air-conditioning as stated in annex No. (2) of this Manual.
28
Supply air provided to the area must be not less than 60 cfm. For each person
(designing must be based on the maximum occupant density).
3.
Air from the room must be mechanically exhausted to the outside and no air
from room can be re-circulated to non smoking area by air conditioning and
ventilation system. The mechanical exhaust system must be on at all working
time to create negative pressure within the room and the negative pressure
must be maintained while door(s) to the room is open.
4.
Ventilation and air conditioning system for smokers must be separated from
other systems. The air shall not be re-circulated with adjacent no smoking
areas.
5.
Exhausted air must be a minimum separation distance not less than 25 feet
from the entrances or exits of the building, windows, pedestrians walk ways
and the fresh air intake of the ventilation and air conditioning system.
29
The area must be totally isolated from all non-smoking areas by walls from
floor to ceiling. Ceiling height must not be less than 9ft.
2. Room must be equipped with self-closing door(s) and should be kept closed at
all times except the time of entry and exit. Doors should be equipped with an
alarm that will be activated if the door remains open for more than 60 seconds.
3.
The area must be at least 25 feet away from the buildings entrances or exits,
windows, and the fresh air intake of the ventilation and air conditioning
system.
4.
Occupant density shall be not higher than acceptable limit (1person /20 feet
square)
5.
6.
30