Section R9-2-101. Definitions

In addition to the definitions in A.R.S. § 36-601.01(A), the follow- ing definitions apply in this Article unless otherwise specified:

1.        “Adult day care” means “adult day health care facility” as defined in A.R.S. § 36-401.

2.        “Ashtray” means any receptacle that is designed for dis- posing of the debris from smoking materials such as ash, cigarette butts or filters, or cigar stubs.

3.        “Calendar quarter” means a period from:

a.         January 1 through March 31,

b.        April 1 through June 30,

c.         July 1 through September 30, or

d.        October 1 through December 31.

4.        “Child care facility” has the meaning in A.R.S. § 36-881.

5.        “Child care group home” has the meaning in A.R.S. § 36- 897.

6.        “Complaint” means a written or oral statement of a possi- ble violation of A.R.S. § 36-601.01.

7.        “Contiguous area” means a place that:

a.         Is physically attached to a public place or non-vehi- cle place of employment; or

b.        Is separated from the public place or non-vehicle place of employment only by other places controlled by the proprietor of the public place or non-vehicle place of employment.

8.        “Controlled” means under the authority and responsibil- ity of a proprietor.

9.        “Department” means the Arizona Department of Health Services.

10.     “Department’s designee” means a state agency or politi- cal subdivision to which the Department delegates any functions, powers, or duties under A.R.S. § 36-601.01.

11.     “Drift” means the physical movement of tobacco smoke, regardless of cause, into any area where smoking is pro- hibited by A.R.S. § 36-601.01.

12.     “Emergency exit” means a doorway in a building or facil- ity used for egress to the outdoors only when there is an immediate threat to the health or safety of an individual.

13.     “Entering” means an individual going into or leaving a building or facility.

14.     “Entrance” means a doorway in a building or facility that:

a.         Is used by an individual for ingress from the out- doors or egress to the outdoors, and

b.        Excludes:

i.         An emergency exit, and

ii.        A doorway for outdoor patio patrons.

15.     “Health care institution” means a building or facility reg- ulated under A.R.S. Title 36, Chapter 4.

16.     “Health care professional” means one of the following individuals regulated under A.R.S. Title 32 or A.R.S. Title 36, Chapter 6, Article 7 or Chapter 17, including:

a.         A podiatrist;

b.        A doctor of chiropractic or chiropractic assistant;

c.         A dentist, dental consultant, dental hygienist, or den- turist;

d.        A doctor of medicine;

e.         A doctor of naturopathic medicine or naturopathic medical assistant;

f.         A registered nurse practitioner, registered nurse, practical nurse, registered or practical nurse licensed by a state other than Arizona and practicing in Ari- zona according to the Nurse Licensure Compact,

A.R.S. § 32-1668, or nursing assistant;

g.        A dispensing optician;

h.        An optometrist;

i.         A doctor of osteopathic medicine;

j.         A pharmacist, pharmacy intern, pharmacy techni- cian, or pharmacy technician trainee;

k.        A physical therapist or physical therapist assistant;

l.         A psychologist;

m.       A veterinarian or veterinary technician;

n.        A physician assistant;

o.        A radiologic technologist, including a practical radiologic technologist in podiatry, unlimited practi- cal radiologic technologist, nuclear medicine tech- nologist, or practical technologist in bone densitometry;

p.        A  homeopathic   physician  or  a   medical  assistant employed by a homeopathic physician;

q.        A behavioral health professional, including a bacca- laureate social worker, master social worker, clinical social worker, professional counselor, associate counselor, marriage and family therapist, associate marriage and family therapist, associate substance abuse counselor, independent substance abuse coun- selor, or substance abuse technician;

r.         An occupational therapist or occupational therapy assistant;

s.         A respiratory therapist or respiratory therapy techni- cian;

t.         An acupuncturist;

u.        An athletic trainer;

v.        A massage therapist;

w.       A midwife;

x.        A hearing aid dispenser;

y.        An audiologist; or

z.         A speech-language pathologist or speech-language pathology assistant.

17.     “Open to the general public” means when the proprietor of a veterans or fraternal club permits an individual who is not a member, an employee, or a bona fide guest as defined in A.R.S. § 4-101 to be present in the veterans or fraternal club.

18.     “Outdoor patio” means an area designated by a proprietor according to R9-2-108(A).

19.     “Outdoor patio patron” means an individual who is occu- pying an outdoor patio.

20.     “Permeable” means permitting tobacco smoke to pass through.

21.     “Private residence” means a structure, other than a health care institution, where an individual lives and sleeps.

22.     “Proprietor” means an owner, operator, manager or other person in control of a public place or a place of employ- ment.

23.     “Reasonable distance” means the distance that meets the requirements in R9-2-102(A).

24.     “Tobacco products and accessories” means:

a.         Smoking materials such as cigars, cigarettes, or pipe tobacco; and

b.        Smoking-related materials such as lighters, humi- dors, pipes, or cigarette cases.

25.     “Vehicle” means motor vehicle as defined in A.R.S. § 28- 101.

26.     “Ventilation system” means the natural or mechanical means of supplying air to, or removing air from a space.

Historical Note

Adopted effective January 6, 1989 (Supp. 89-1).

Repealed effective September 30, 1993, under an exemp- tion from the provisions of the Administrative Procedure Act pursuant to Laws 1992, Ch. 301, § 61; received in the Office of the Secretary of State October 1, 1993 (Supp. 93-4). New Section adopted effective December 18, 1995 (Supp. 95-4). Section repealed by final rulemaking at 12

A.A.R. 4002, effective December 4, 2006 (Supp. 06-4).

New Section made by exempt rulemaking at 13 A.A.R.

1512, effective May 1, 2007 (Supp. 07-2).