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Municipal law requires that our building be completely smoke-free inside. It also bans smoking next to the building, but it’s not as stringent as the 25 foot LEED requirement. Do we have to make another policy that bans smoking within 25 feet?

We want to designate a smoking area less than 25 feet from an emergency exit. Is this okay since that door is rarely (if ever) used?

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NC-v4 EQp2:Environmental tobacco smoke control

No More Strigent Than

Profile picture for user hannahafleck
Hannah Fleck
President & Engineer
Gaia Blueprint
LEEDuser Premium Member
1 thumbs up

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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Profile picture for user tlittle
Trista Brown
Project Director
WSP USA
LEEDuser Basic Member
381 thumbs up

Tue, 05/30/2017 - 22:00

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.
Profile picture for user azra.semic
LEEDuser Basic Member
8 thumbs up

Thu, 07/27/2023 - 07:13

Hi Hannah, were you able to solve the problem? What did you do to comply to the prerequisite?
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Dave Hubka
Practice Leader - Sustainability
EUA
LEEDuser Expert
510 thumbs up

Thu, 07/27/2023 - 12:17

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.     
Profile picture for user info_86
Afogreen Build
www.afogreenbuild.com
Green Building Consultant
LEEDuser Premium Member
249 thumbs up

Tue, 03/19/2024 - 09:18

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

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