Area for smokers and smoking area

Obligations of service providers (entrepreneurs)
 

1. Area for smokers

• For catering establishments that only serve drinks, where it is impossible to meet the requirements for a smoking area (the total area must not be less than 10 sqm and the smoking area must not occupy more than 20% of the total area of public space, i.e. 20% of the total serving area of the catering establishment), the owner, i.e. the user of the establishment, may designate the serving area as the area for smokers, with the obligation to place a sign that smoking is permitted in this space.

 
Requirements:

• A ventilation system that allows at least 10 air changes per hour.
• The extraction of air polluted with tobacco smoke from the area for smokers into the open space must be ensured using a filtration system.
• The space must be equipped with means for emphasising the harmfulness of tobacco product use (posters, flyers, stickers, etc.).
• The catering establishment may be issued a permit for the area for smokers if the area for smokers does not exceed a total area of 50.00 sqm; however, if the area exceeds 50.00 sqm, the catering establishment may be issued a permit for the smoking area if it meets the requirements for such an area.
• If the catering establishment does not meet the requirements for an area for smokers, but (due to its total floor area) cannot meet the requirements for the smoking area, the use of tobacco and related products shall not be permitted in such an establishment.
• The request must be accompanied by the documents from the list given in the request form available at the website of the Ministry of Health, which have to be printed and filled in.
• A statement given by a responsible person on the measures implemented to limit the use of tobacco and related products - area for smokers, available at the website of the Ministry of Health, which has to be printed and filled in.
• The request for issuing a decision on meeting the requirements prescribed for areas for smokers shall be submitted to the Ministry of Health, Ksaver Street No. 200A, 10000 Zagreb, on a prescribed form.

 
 II.            Smoking area
 
Requirements:

• a) The smoking area must be arranged in such a way as to prevent the flow of air polluted with tobacco smoke into another space.
• b) The floor area of the smoking area must not be less than 10 sqm.
• c) The smoking area must not occupy more than 20% of the total area of the public space, i.e. 20% of the total serving area of the catering establishment.
• d) The smoking area must not be intended as a passage to other spaces.
• e) No food or beverages may be served in the smoking area.
• The smoking area must be a closed room with the entire area of all the accompanying walls and ceiling, with doors that must close independently and that must not stay open. Closed windows and doors are deemed a part of the wall.
• Above or next to the doors leading to the smoking area, there must be a “Smoking area” sign stating the number of persons that may stay in the smoking area at the same time.
• In front of the entrance to the smoking area and inside the smoking area, it is necessary to ensure that a sign “Smoking prohibited in case of ventilation system malfunction” automatically appears in case of a ventilation system malfunction.
• The smoking area must be equipped with a ventilation system and a filtration system, which are an integral part of the smoking area and physically separate from other ventilation systems of the closed public space in which the smoking area is located. Air polluted with tobacco smoke from the smoking area must not pass into other closed spaces within the closed public space.
• The ventilation system of the smoking area must be automatic and must ensure that the smoke has no impact on other closed spaces within the closed public space.
• The ventilation system of the smoking area must ensure that there is an underpressure of at least 5 Pa in the smoking area compared to the closed space used to enter the smoking area when the doors to the smoking area are closed.
• The smoking area must be equipped with a metering device that shows information about the underpressure.
• The ventilation system in the smoking area must ensure the inflow of air from the open space or from the closed space in which smoking is prohibited.
• The air change system must purify the air in such a way that the lowest ensured amount of additional air is 30 litres per second per person, based on a space occupancy index of 0.7 persons/sqm.
• The design, installation and maintenance of the ventilation system in the smoking area must comply with the required technical regulations that stipulate important requirements for ventilation systems.
• The request must be accompanied by the documents from the list given in the request form available at the website of the Ministry of Health, which have to be printed and filled in.
• A statement given by a responsible person on the measures implemented to limit the use of tobacco and related products - smoking area, available at the website of the Ministry of Health, which has to be printed and filled in
• The request for issuing a decision on meeting the requirements prescribed for areas for smoking and smoking areas shall be submitted to the Ministry of Health, Ksaver Street No. 200A, 10000 Zagreb, on a prescribed form.

 
Fees
 
None
 
Competent body and regulations
 
Ministry of Health
Ksaver Street No. 200a, 10 000 Zagreb
+385 1 4607 555
helpdesk-duhan@miz.hr
 
Act on Restrictions on the Use of Tobacco and Related Products (Official Gazette No. 45/17, 114/18, 98/25)
 
Authorizations
 
Decision on meeting the requirements for areas for smokers
Decision on meeting the requirements for smoking areas