Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES
Chapter 10.19.04 - Prohibition of Smoking in Indoor Areas Open to the Public
Section 10.19.04.02 - Definitions

Universal Citation: MD Code Reg 10.19.04.02

Current through Register Vol. 51, No. 19, September 20, 2024

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Act" means the Clean Indoor Air Act of 2007, Health-General Article, Title 24, Subtitle 5, Annotated Code of Maryland.

(2) "Club" means a club as defined in Article 2B, §1-102(a)(4), Annotated Code of Maryland.

(3) "Day care transportation" means the use of a vehicle owned, operated, or contracted for by a licensed day care facility to transport the facility's clients.

(4) "Department" means the Maryland Department of Health and Mental Hygiene.

(5) "Environmental tobacco smoke" means the:
(a) Complex mixture formed from the escaping smoke of a burning tobacco product; or

(b) Smoke exhaled by a smoker.

(6) "Establishment" means a single physical location where business is conducted or where services are performed.

(7) "Health care transportation" means transportation of patients for medical care in a vehicle owned, operated, or contracted for by a licensed health care facility.

(8) "Health officer" means the health officer of each of the 23 counties and the Commissioner of Health in Baltimore City, the duly designated representative of the health officer, or both.

(9) "Indoor area" means all space in a structure or building with a ceiling that is enclosed on all sides by any combination of permanent or temporary walls, windows, or doorways, whether open or closed, or other physical barriers extending from floor to the ceiling.

(10) "Indoor area open to the public" means:
(a) An indoor area or a portion of an indoor area accessible to the public by either invitation or permission; or

(b) An indoor area of an establishment licensed or permitted under Article 2B, Annotated Code of Maryland, for the sale or possession of alcoholic beverages.

(11) "Owner" means an individual or entity having an ownership interest in an establishment or vehicle.

(12) "Person in charge" means an owner, operator, manager, or other person who controls, governs, or directs the activities of an establishment.

(13) "Public transportation of children" means the transportation of children in a vehicle owned, operated, or contracted for by a government entity or a private educational institution.

(14) "Secretary" means the Secretary of Health and Mental Hygiene or the Secretary's designee.

(15) "Smoking" means the burning of a lighted cigarette, cigar, pipe, or another matter or substance that contains tobacco.

(16) "Tobacco-containing product" includes bidis, cigarettes, cigars, cigarillos, kreteks, pipes, or another product or device that contains tobacco.

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