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Smoke Free Air Ordinance <br />Page 6 <br />goods or services are provided to the public, and other entities where accounting, counseling, legal, <br />medical, dental, engineering, architectural, or other professional services are delivered. <br />(d) "Electronic Smoking Device" means any product containing or delivering nicotine or any other <br />substance intended for human consumption that can be used by a person to simulate smoking through <br />inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, <br />distributed, marketed, or sold as an e- cigarette, e- cigar, e -pipe, e- hookah, or vape pen or under any other <br />product name or descriptor. <br />(e) "Employee" means a person who is employed by an employer in consideration for direct or <br />indirect monetary wages or profit, and a person who volunteers his or her services. <br />(f) "Employer" means a person, business, association, municipal corporation, trust, or nonprofit <br />entity that employs the services of one or more individual employees. <br />(g) "Enclosed Area" means all space between a floor and a ceiling that is bounded on at least two <br />sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, <br />garage door, or other physical barrier, whether temporary or permanent and whether or not containing <br />openings of any kind. <br />0) "Health Care Facility" means an office or institution providing care or treatment of diseases, <br />whether physical, mental, or emotional, or other medical, or psychological conditions, including but not <br />limited to, hospitals, rehabilitation hospitals, addiction treatment hospitals and facilities, weight control <br />clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, <br />chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these <br />professions. The term "Health Care Facility" shall include all waiting rooms, hallways, private rooms, <br />semiprivate rooms, and wards within healthcare facilities. <br />(k) "Hookah" means a water pipe and any associated products and devices which are used to <br />produce fumes, smoke, and /or vapor from the burning of material including, but not limited to, tobacco, <br />shisha, or other plant matter. <br />(1) "Place of Employment" means an area under the control of a public or private employer <br />including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, <br />classrooms, employee cafeterias, hallways, and vehicles.3 <br />(m) "Playground" means any park or recreational area designed in part to be used by children that <br />has play or sports equipment installed or that has been designated or landscaped for play or sports <br />activities, or any similar facility located on public or private school grounds or on South Bend grounds. <br />'Indiana Code § 7.1- 5 -12 -1 addresses "Place of employment defined" and specifically excludes private vehicles. <br />