Of Public Health Protection By Exposure To Smoking Tobacco

Original Language Title: Tutela Della Salute Pubblica Dall'esposizione Al Fumo Di Tabacco

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Microsoft Word - D052-2008.doc


We the Captains Regent of the Most Serene Republic of San Marino

In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting of 14 March 2008.

LAW 20 March 2008 52


Art. 1

This Act is drawn up in accordance with the general guidelines established by the WHO Framework Convention
Health for Combating Tobacco addiction, made in Geneva on 21
May 2003, ratified by Decree 86 of June 22, 2004, and the lines contained in the Health Plan
and Social Health of the Republic of San Marino for 2006-2008, approved by
Great and General Council meeting of 21 February 2006 on the fight against
smoking and protection from exposure to tobacco smoke.

2 (Objectives)

In the spirit of full sharing of concerns and purposes mentioned in the preamble
of the Geneva Convention referred to in the previous article, in order to protect present and future generations
from the devastating health, social, environmental and economic benefits arising from | || tobacco consumption and exposure to its smoke, and with the intent to prepare an adequate
series of measures to reduce gradually and significantly the consumption of tobacco and exposure to
same, they are adopted the following measures.
The law seeks to protect the health of citizens from exposure to tobacco smoke;
smokers are expected to delay their desire and smoke outdoors or in suitable premises.

3 (Definitions)

A) Local partially open: Local characterized by a surface area open on the sides and
covered by a roof or pergola, which is closed at the sides but no roof.
B) room reserved for smokers: Local that satisfies the requirements of Article 6 of this Act
c) Cooling System: equipment for air and simultaneous realization maintenance in
environments of temperature conditions, humidity, quality and air movement including
within the limits required for the welfare of the people.

Art. 4
And 'no smoking.
And 'forbidden to sell cigarettes, cigars and tobacco products to anyone under eighteen.

Art. 5

It 'exemption from the prohibition in the first paragraph of the article that precedes only
a) outdoors and in private homes;
B) on private transport, for passengers, with permission of the driver;
C) in the partially open local, as defined by Article 3, point a);
D) in an appropriately sensitive public places salt, prepared and marked in accordance with this Act

Art. 6
(Private Sale)

The halls of public premises referred to in point c) of the preceding Article shall:
1. be bounded by walls full height on all four sides;
2. It is equipped with entrance with an automatically closing door, normally in the closed position; 3
. not represent a necessary step for nonsmokers;
4. bear the appropriate signage.
The rooms reserved for smokers must be equipped with suitable air conditioning system, such
to ensure the intake of air, properly filtered, outside or from other environments where it is forbidden to smoke
The specific technical specifications that should strictly meet the
plants in the preceding paragraph are contained in Annex A of this law.
The local non-responsive, even temporarily, to all the technical characteristics of which
with this Act and the relevant Appendix A, is not allowed.
Within a period of one year from the entry into force of this Act the
owners of public premises must comply with the provisions contained therein.
may not be prepared for smokers rooms in hospitals, health centers,
in clinics, in pharmacies, in kindergartens, in schools of all levels and
their access local, public offices, in gyms and sports facilities closed.

Art. 7

A) In rooms where smoking is prohibited must be placed appropriate and visible signs, bearing the words
"NO SMOKING" and the words "in accordance with Law 20 March 2008 n.52.
The offenders are liable to a fine of Euro 150,00. " (See Annex C).

B) Other signs with the wording only "NO SMOKING" is allowed on the premises where it is
at least a sign with the phrase in the first paragraph.
C) In the rooms reserved for smokers must be affixed appropriate luminous signs with the phrase
D) The signs referred to in item c) are complemented by a bright sign with the words "NO SMOKING
automatically in case of failure or improper operation of
climate control systems, resulting in the simultaneous exclusion of specified written the restricted area.
E) All signs must be of a size not less than cm. 10 x 20. The relevant conditions
can not bear high letters less than cm. 3, with the exception of sun signs additional
referred to in paragraph a).
F) The signs referred to in the preceding paragraphs shall be affixed by the local host public
, the employer in enclosed spaces of its relevance, the administrator in condominiums

Art. 8

The law enforcement bodies, as identified in Appendix C, are allowed to contest the
offenses referred to in this law, independently or upon recommendation, and proceed with the
relevant administrative fines.
Violators of the provisions referred to in Article 4 shall be punished by administrative sanction
Euro 100,00.
The penalty is increased by half if the offense occurs in the presence of women in obvious
pregnant or children under the age of twelve.
The public local tenant is required to give notice to the offender to fulfill
immediately with the law.
If the offender fails to comply, or if relapse occurs, the local public
tenant must inform the organs of public force.
The public local tenant who fails to give notice to the offender to comply immediately
with the provisions of this Act, shall be punished with an administrative fine of EUR 50.00
The public local driver who should devise a smoke room and allows you to smoke without
comply with all requirements of Article 6 of this Act and its annexes, shall be punished by
an administrative penalty of € 500.00 .
The public local conductor that has an appropriate room reserved for smokers and, in
presence of smoking, it does not operate the air conditioning system shall be punished by a fine administrative
Euro 50,00.
The conductor of the local public, the employer, and the building manager that
fails to fulfill the obligations of the signs referred to in Article 5 shall be punished with administrative sanctions
Euro 50,00.
And 'it punished with an administrative penalty of € 10,00 who throws his cigarette butt
on public land.
The administrative sanctions provided for in this Article shall be updated by the
Chief Executive Decree which all'art.32 of Law n.68 / 1989.

Art. 9
(Advertising and exhibitions)

Within 60 days of entry into force of this Act, it shall be issued a special decree that will regulate
Managing the prohibition of advertising and exposure modes of tobacco products
for sale, with sanctions.

Art. 10

The Appendices to this Act shall be amended by appropriate delegated decree.

11 (Repeals)

the provisions of Law 139 of 21 November 1990, the Law 23 April 1991
52 are repealed, the Decree 72 of June 6, 1991, the Decree 146 of November 28, 1991, the Decree 28 || | January 2005 9, and any other provision contrary to this law.

12 (Entry into force)

This Law shall enter into force on the fifteenth day following that of its legal publication

Our Residence, this day of March 20 2008/1707 dFR

Mirco Tomassoni - Alberto Selva






A) The rooms reserved for smokers, under Article 6 of this Act, must be
equipped with suitable air conditioning.
B) The flow rate of supplementary air to be made in the room may not be less than 30
liters / second for each person that can be housed in the rooms on the basis of a
crowding index equal to 0, 7 persons / sq. At the entrance of the hall must be indicated

Maximum number of eligible persons, on the basis of the system flow rate.
C) The rooms reserved for smokers should be maintained under negative pressure of not less than 5
Pa (Pascal) than the surrounding areas.
D) The area used to smoking in public places, must be less
half the total area of ​​the exercise administration.
E) Air from rooms reserved for smokers is not recyclable, but it must be
expelled outside through suitable systems and functional openings, in compliance with current
F) The air conditioning system must be switched on and in the presence of one or more persons
G) The installation, transformation, extension and maintenance of the plant
will be conducted in accordance with the requirements of the Law of 28 October 2005
148, as amended and from the requirements of the technical standards UNI and CEI.
H) Authorised persons are required to release adequate statement of the implementation of
plants according to the rules of art and according to the same
requirements. For the purposes of checking, installation certificates include
suitability of the ejection system, and annual certified audit and
maintenance of ventilation systems must be kept at the disposal of the competent authority
I) from the provisions of the said law they are regulated relevant checks, inspections and checks and penalties
by the Public Administration.

Step 2

Anyone who wishes to obtain proper authorization for premises referred to in Article 5
of this Act, shall:
1. apply for authorization to the Department of Public Health with attached
technical documentation as described in Annex B, as these are operated within specifications
referred to in this Annex A.
2. prepare, following the issuance of a temporary favorable opinion by the
Department of Public Health, the smokers' rooms with the requirements laid down in this
The Department of Public Health, the notification of completion of work, perform appropriate
inspections in order to verify the suitability of the structures and the system installed. If
successful, the Department of Public Health will make the final authorizations

Items needed for the submission of
Authorization Questions
1) descriptive technical report of the premises.

Since this report will clearly emerge uses, surfaces, and
crowds massing.

2) Site plan scale 1: 100 of the premises including information on:
- Local location for smokers with its surface;
- Local location for non-smokers with its surface.

Elements necessary for the evaluation of suitability of air exchange projects

3) Technical description of the system of air-conditioning Report

From this relationship will emerge clearly the type of system to be installed or installed
, the materials used, the devices acts to favor the ordinary maintenance
plant, its operation and the arrangement of the local served.
Attach any clarification complement to the informative data sheet referred to in paragraph 5).

4) Plan in scale of 1: 100 of the premises treated with indications about:

- The external air inlet position;
- Position of the delivery ports, shooting and deportation;
- Position of the mouths of foul air to escape;
- Air distribution ducts and treated air ejection;
- Position of the treatment units;
- Location of the plants referred to in Article 6 of Legge20 March 2008 n.52.

5) Environmental Protection Natural

Applications must be completed with the presentation of the planned Attachments
by law n.87 / 95, Chapter III, and DR 108/95, Attachments.

Law 20 March 2008 n.52
SMOKE Article 8


The amount of the fine is increased to € 150.00 if the violation is committed in
presence of women in a state of pregnancy or children under 12 years

Authority are responsible for ascertaining and contest the infringement:
Gendarmerie, Civil Police, Rocca Guards