Hello,
I am working on a publicly funded building in the state of Indiana. State law here prohibits smoking within 8 feet of a building. The owner says that can't adopt a policy more stringent than the state. What is the work around this?
Thanks!
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Trista Brown
Project DirectorWSP USA
452 thumbs up
May 30, 2017 - 6:00 pm
If you can provide a copy of the code or regulation that specifically prohibits extending the no-smoking zone past 8 feet, you might have a case. Otherwise I don't think there's any workaround here.
Azra
8 thumbs up
July 27, 2023 - 3:13 am
Hi Hannah, were you able to solve the problem? What did you do to comply to the prerequisite?
Dave Hubka
Practice Leader - SustainabilityEUA
LEEDuser Expert
516 thumbs up
July 27, 2023 - 8:17 am
Less stringent codes are not recognized by LEED as meeting the intent of the prereq. Does the code prohibit the owner from posting 'no smoking within 25' signage?
Did a search for LEED v4 NC certified projects in Indiana on USGBC website and 28 projects are listed. So there is a work-around.
My guess is that 'no smoking within 25 feet' signage is allowed to be posted in the pertinent locations. Code may only require enforcement within 8 feet of the building - weird that it would dis-allow enforcement further than that. Growing up one state over (Wisconsin) our code officials always liked to see design/construction teams go beyond code minimum requirements. Never heard of a code official not allowing teams to do better than code.
Afogreen Build
www.afogreenbuild.comGreen Building Consultant
243 thumbs up
March 19, 2024 - 5:18 am
Hi Azra,
Documentation of the code/law must be provided as stated in the LEED BD+C v4 guide page 627:
“… In most cases, LEED projects can extend the smoking ban to the required 25 feet (7.5 meters), regardless of existing code. However, if existing code explicitly prohibits this, building owners may still achieve the prerequisite by providing documentation of the code.”
Best regards – Afogreen Build Team