Stuck in the smoke shack

  • <br>Enterprise staff
  • Monday, March 3, 2008 6:51am

If Plato was right, and necessity really is the mother of invention, then Washington state’s new smoking ban must be the mother of the butt hut.

Butt huts, tobacco tents, nicotine lean-tos — call them what you will. Since the voter-approved ban went into effect last week prohibiting smoking in public places and workplaces and within 25 feet of doorways, all kinds of makeshift shelters have popped up outside businesses.

Stevens Hospital in Edmonds has a smoking tent for employees and patients — 25 feet from its entrance, of course. The only amenity in the awning-type shelter on the south side of the hospital campus is a receptacle for cigarette butts and ashes.

And no, the irony of a smoking area at a healthcare facility is not lost on Stevens, the hub of Snohomish County Hospital District No. 2, said spokeswoman Beth Engel. Next month the hospital will sit in on a Snohomish Health District program about smoke-free campuses, she added.

Daverthumps Pub of Lynnwood put a space heater and an ash tray outside for its smokers.

O’Houlies Pub of Mountlake Terrace is providing courtesy umbrellas for patrons.

Patrons of Engel’s Pub in downtown Edmonds simply brave the elements when they duck out for a quick smoke in the adjoining alley, according to owner Renata Churchill. But that means some fudge on the distance requirement.

“Here in Edmonds, if they meet the 25-foot rule, they’d be out on the dotted line down the middle of the street,” observed Churchill.

The area’s community colleges were seemingly ahead of the curve. Several years ago, both Edmonds and Shoreline constructed covered areas for people to puff away. At Edmonds, those all happened to be more than 25 feet away. At Shoreline, however, one will need to be relocated.

Many businesses are putting up minimalist shelters while they try to figure out a way to accommodate the ban — and to keep smoking employees and customers out of the rain. The question is are they safe and legal?

That depends on the structure, said Kenneth Korshaven, a Lynnwood building official. Building officials and fire marshals want to make sure the temporary structures are safe.

“Our concern right now is life safety issues,” Korshaven said. “We do not want a lightweight structure with six people standing under it and six inches of snow falls and (the structure) collapses and lands on their heads. Or if a wind comes up, we do not want it (the structure) blowing over on top of them.”

Business owners should consult local officials about what will keep their smoking patrons dry and safe, he said.

“I suggest that you draw a little sketch of what you have done and come in and talk to us,” Korshaven said. “We will try to make it work within our laws. Our job is compliance with code, not punishment.”

There is also a question of how elaborate or permanent a smoke shack or tobacco tent can get before it is considered a building. In which case, the state smoking ban would prevent people from smoking inside of it. That is a question city and state officials will have to resolve in the months to come, Korshaven said.

“One of the problems that I have in reading the state law is it says that any building used for the purpose of assembling people should not have smoking. So if I build a shelter for smokers does that mean I should build it 25 feet from itself?” Korshaven said. “This is going to be interesting for the next few months.”

Building officials are ready to answer questions and respond when someone calls to complain, Korshaven said. But few cities will have the resources to go door-to-door.

“We will be watching for them,” Korshaven said. “We do not have time for someone driving around to verify if these are being built or not.”

Enterprise writers Jenny Lynn Zappala and Sue Waldburger, along with writers from The Herald, contributed to this article.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.