My family is interested in buying a house from a condominium developer. I am specifically looking for a property with designated smoking areas so that my family can be safe from the harmful exposures of tobacco smokes. I want to know if there is a law which requires the establishment of a designated smoking area in every building or condominium so I can check if the developer is compliant with the legal requirements. Thank you.|

The Office of the President of the Philippines issued Executive Order (EO) 26 last May 16, 2017, entitled "Providing for the Establishment of a Smoke-Free Environment in Public and Enclosed Spaces." This was issued in pursuit of the policy of the State to guarantee the enjoyment of every citizen to breathe clean air, to promote the right to health of the people and to instill health consciousness, among others.

Related to your concern, designated smoking areas (DSA) are defined as an area of a building or conveyance where smoking may be allowed, which may be in an open space or separate area with proper ventilation subject to the specific standards. (Sec. 1 (b)) It is prohibited under this order to smoke in enclosed public spaces and public conveyances, whether stationary or in motion, except in DSAs fully compliant with the requirements of the order. (Sec. 3 (a))

As to what can be considered a fully compliant DSA, Section 4 of EO 26 specifies strict standards for DSAs, to wit:

(1) There shall be no opening that will allow air to escape from the DSA to the smoke-free area of the building or conveyance, except for a single door equipped with an automatic door closer, provided that, if the DSA is not located in an open space, such door shall open directly toward a non-smoking buffer zone (buffer zone) as defined in this order;

(2) The DSA shall not be located in or within then (10) meters from entrances, exits, or any place where people pass or congregate, or in front of air intake ducts;

(3) The combined area of the DSA and the buffer zone shall not be larger than 20 percent of the total floor area of the building or conveyance, provided that in no case shall such area be less than 10 square meters;

(4) No building or conveyance shall have more than one DSA;

(5) The ventilation system for the DSA other than in an open space and for the buffer zone shall be independent of all ventilation systems servicing the rest of the building or conveyance;

The order further states that minors are not allowed inside the DSA and the buffer zone. Also, DSAs are required to have highly visible "Smoking Area" signage along with graphic health warnings on tobacco use and prohibition of entry of persons below eighteen (18) years old that are prominently displayed. (Sec. 4 (7)) DSAs are also not allowed in centers of youth activities, such as schools, and recreational facilities for minors, in elevators and stairwells, locations of fire hazard, food preparation areas and within the premises of medical facilities. (Sec. 4 (a) to (e))

It can be seen here that the law is strict and specific on how and where DSAs should be constructed and located in order to ensure the protection and safety of the public against the hazards of smoking. Hopefully, this can guide you in checking with your developer if their DSAs are legally compliant.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to [email protected]