For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS. Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
EMPLOYEE. Any person employed by an employer for direct or indirect monetary wages or anything of value, or any person who volunteers for a nonprofit entity.
EMPLOYER. Any entity or person who employs the paid or volunteer services of one or more persons.
ENCLOSED AREA. All space between a floor and ceiling which is enclosed, that is bounded on at least two sides by walls, doorways or windows, whether open or closed. A wall includes any retractable divider, garage door or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind.
HEALTHCARE FACILITY. An office or institution providing care or treatment of diseases, whether physical, mental, emotional or other medical, physiological or psychological conditions including, but not limited to, hospitals, rehabilitation hospitals, weight control, laboratories, offices of surgeons, chiropractors, physical therapists, physicians, dentists and all specialist within these professions. HEALTHCARE FACILITY includes all waiting rooms, hallways, private’ rooms, semiprivate rooms, and any adjacent outdoor property under its control.
HOTEL. Any facility, building or buildings, publicly or privately owned (including a facility located in a state, county or municipal park), in which the public may, for consideration, obtain sleeping accommodations. The term shall include, but not be limited to, boarding houses, hotels, motels, inns, courts, condominiums, and city parks offering accommodations. The term HOTEL shall not be construed to mean any hospital, sanitarium, extended care facility, nursing home or university or where a university or college housing unit provides sleeping accommodations for the general public for a consideration, the term HOTEL shall, if otherwise applicable apply to such accommodations for the purpose of this regulation.
PLACE OF EMPLOYMENT. Any enclosed area under the control of a public or private employer that employees are required to enter, leave or pass through during the course of employment, including private offices; work areas; restrooms; conference and classrooms; break rooms; cafeterias; and other common areas. A private residence, unless used to provide licensed child care, foster care, adult care or other similar social service care on the premises, is not a PLACE OF EMPLOYMENT. Vehicles provided by an employer for use by employees, during the course of employment shall be considered as PLACES OF EMPLOYMENT for purposes of these regulations.
PRIVATE CLUB. An entity falling within the definition as set forth in W.Va. Code § 60-7-2, for purposes of state control of alcoholic liquors.
PUBLIC PLACE. Any area to which the public is invited or in which the public is permitted, regardless of whether the building is owned in whole or in part by private persons or governmental entities. A PUBLIC PLACE includes, but is not limited to, hospitals, hotel and motels, restaurants, retail stores, offices, bingo operations, commercial establishments, elevators, indoor theaters, public transit, libraries, museums, concert halls, public conveyances, bowling alleys, educational facilities, auditoriums, meeting rooms, schools, exhibition halls, convention facilities, polling places, bars, private clubs, gaming facilities, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, financial institutions, public and private educational facilities, ticket areas, public hearing facilities, public restrooms, waiting areas, attorney’s and doctor’s offices. A private residence is not a PUBLIC PLACE unless used to provide licensed childcare, foster care, adult care or other similar social service care on the premises.
RESTAURANT. Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other establishment which gives or offers for sale food or beverage to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.
RETAIL STORE. Any establishment that sells goods or services directly to members of the general public including, but not limited to, grocery stores, specialty stores, department stores, pharmacies, banks, automobile dealerships, showrooms, professional offices, service stations, repair or maintenance stores, barber or beauty shops, cleaners and laundromats.
SERVICE LINE. Any line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
SMOKING. Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. SMOKING also includes the use of an electronic cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this regulation.
SPORTS ARENA. Sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places, where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events.
(Regulation eff. 9-1-2012)