Subsection 3: Ban on smoking in certain public places

The ban on smoking in places designated for collective use mentioned in article L. 3512-8 applies: 1° In all enclosed and covered places open to the public or which are workplaces; 2° In means of public transport; 3° In uncovered areas of public and private schools and colleges, as well as establishments intended for the reception, training or accommodation of minors; 4° In public play areas as defined by decree…

The ban on smoking does not apply to areas made available to smokers in the places mentioned in article R. 3512-2 and created, where appropriate, by the person or body responsible for the premises. These areas may not be set up in public or private educational establishments, apprentice training centres, establishments intended for or regularly used for the reception, training, accommodation or sports activities of minors, public playgrounds or health…

The reserved areas referred to in article R. 3512-3 are enclosed rooms used for smoking and in which no services are provided. No servicing or maintenance work may be carried out unless the air has been changed for at least one hour in the absence of any occupant. These areas must : 1° Be equipped with an air extraction system using mechanical ventilation allowing a minimum renewal of air of…

The installer or the person responsible for the maintenance of the mechanical ventilation system must certify that it complies with the requirements mentioned in 1° of article R. 3512-4. The person in charge of the establishment is required to produce this certificate for any inspection and to have the system regularly serviced.

In establishments whose employees are subject to the Labour Code, the plan to make a smoking area available and the procedures for its implementation are subject to consultation with the Health, Safety and Working Conditions Committee or, failing this, with the staff representatives and the occupational physician. In public administrations and establishments whose staff are covered by Titles I to IV of the General Statute of the Civil Service, the…

In the places mentioned in article R. 3512-2, visible signs remind people that smoking is prohibited. A model sign accompanied by a preventive health message is determined by order of the Minister of Health. The same order sets the model for the health warning to be displayed at the entrance to the areas mentioned in article R. 3512-3.

The provisions of this sub-section apply without prejudice to the legislative and regulatory provisions relating to health and safety, in particular those of Title III of Book II of the Labour Code.

Minors may not access the sites mentioned in the first paragraph of article R. 3512-3.