Key steps to obtaining a Smoking Establishment Permit
The requirements to legally open a smoking lounge will vary from state to state and within the state, possibly from municipality to municipality. It is not possible to list each municipality’s requirements on this webpage. However, we will endeavor to provide the information that will fill in the gaps of knowledge to help you along your way. This page will continue to be updated as we encounter information.
LakeAir is a leading supplier of cigar, cigarette, hookah, and cannabis air-cleaning products. We work with individuals and businesses across the United States who have been permitted to own a smoking establishment. By leveraging these relationships, we obtain a great deal of knowledge that we happily provide for all Lakear customers, present and future.
Quick List of Requirements
- While each locale likely has different requirements, here is a quick list of things you will likely need to obtain a smoking permit.
General Information:
- Formal Business Structure (LLC, Corporation, Partnership or Sole Proprietor)
- Business License
- Financial Statements
- Location (Lease, Rental Agreement, or Proof of building Ownership)
- Floor Plan
- Ventilation System
- Proof of Insurance
You will likely need to supply other requirements and information. The items listed above are some of the basics. LakeAir is an air purification and ventilation manufacturer, so we will continue to examine the needs related to air purification and ventilation.
Ventilation Requirements
The ventilation requirements you are likely to encounter can range from ridiculously expensive to impossible to reasonable. Regardless of what requirements are presented to you, if you understand what the major codes require and what organizations like ASHRAE and the International Mechanical Code suggest, you should be able to come to an agreement with the local building inspectors on what you really need to do.
Interational Mechanical Code
The International Mechanical Code (IMC) is a model code developed by the International Code Council (ICC) that provides minimum standards for the design, installation, inspection, and maintenance of mechanical systems. In the case of ventilation, those rules and regulations are covered in chapter 4. This chapter is widely misunderstood by many inspectors and city engineers.
If a municipality uses the IMC Chapter 4, they will judge the requirements for your smoking lounge based on either occupancy, space size, or both. The key numbers to remember when examining the IMC are (1) 60 CFM (cubic feet per minute) of ventilation per person. Occupancy Denisty of 70 people per 1000 square feet
Occupancy = 70 per 1000 sq feet
The International Mechanical Code illustrates in Chapter 4, table 403.3.1.1, that the occupational density (how many people should be allowed in a space) of a smoking lounge is 70 people per 1000 square feet. Many times, your local municipality will set a different number based on some other criteria
60 CFM per Person
Table 4.3.1.1 of the IMC further details that each person shall be afforded 60 CFM of air. What it does NOT specify upfront is air can be supplied by ventilation or a recirculated air system that reduces contamination. In other words ait that has been cleaned by a Smoke Eater
These details are contained within the International Mechanical Code. Some inspectors or city officials may not fully understand this particular point. There are 100’s of important code points that apply to other factors in maintaining safe buildings and residences. You can point out that Note “b” refers to section 403.2.1 point 3 that clearly states that “recirculation of air fully contained within that space shall not prohibited”.
Further, section 403.2 speaks to this being allowed. It states when an “engineered ventilation system will prevent the maximum concentration of contaminants for exceeding that obtainable by the rate of outdoor ventilation ” .. the rate of outdoor air shall be reduced in accordance of the engineered system design. The thumbnail sketch: it’s ALLOWED to use an air purifier as part of the ventilation system.
The IMC can’t make your inspector agree with you. Be respectful, point out this information. Ask them to compromise with you. You may even have to take this information to a zoning board for an exception. However, this should be allowed. you can see the entire contents of the IMC Chapter 4 on the Web
ASHRAE Recommendations on Combing Ventilation and Air Purification
ASHRAE is one of the leading authorities on all things HVAC. Most municipalities rely on either the IMC or ASHRAE or both as the source for their policies regarding the need for air purification and/or ventilation. It can be a nightmare trying to find where ASHRAE speaks directly to the use of air purification as a suitable method to make the air in a room safe.
The document you want to refer to is ASHRAE Position Document on Filtration and Air Cleaning. This was approved by ASHRAE Board of Directors on January 29, 2015, and then Reaffirmed by Technology Council on January 24, 2024, and is set to expire Expire on January 24, 2027. The section you want to be able to point to is 2.7 paragraph 3, where it is stated, “The Indoor Air Quality (IAQ) Procedure of ASHRAE Standard62.1 (2013b) allows that filtration and air cleaning, together with recirculation, can substitute for some outdoor air ventilation.”
Great Information but NOT the Final Word
The information we have shown you should help you obtain a permit for indoor smoking in a cigar lounge. However, many other important points are not covered here. These points include topics like:
- Positioning of intake and exhaust vents
- Recirculation of air from a smoking area (not allowed)
- Locations of exterior penetrations for ventilation.
You may have gained great insight into what needs to be done concerning ventilation, but we always need to remember.
- 2nd hand smoke is dangerous (even cigar smoke)
- We are responsible for people who enter our smoking establishments
- We should elevate the smoking experience, especially its safety.
More updates to come
We intend to continue to update this page. It is our sincere wish to help our customers and friends safely enjoy the hobby and business of smoking. Please work with us in this endeavor. Send us tips and information you come across as you proceed down the path to your cigar business establishment. By acting responsibly, we help preserve the right to enjoy tobacco freely.
Need Help Creating a Ventilation Plan?
Submitting ventilation plans to local municipalities can be a time-consuming task, often requiring hours of preparation to meet specific local requirements. These municipalities typically want assurance that any installed system adheres to safety standards and the International Mechanical Code. For customers purchasing our products, we offer this plan submission service at no charge. Alternatively, we can provide this service for a fee of $400.00. Contact LakeAir President Randolph Bush at 262-632-1229 for more information.
Our submission package includes a basic diagram of your space, illustrating the proposed placement of your LakeAir smoke eaters. We will determine the Occupancy Load per IMC, calculate the necessary ventilation (including both air purification and fresh air ventilation), and compute the HVAC capacity needed to offset the fresh air ventilation. While these calculations are usually sufficient to fulfill local requirements, some jurisdictions may require a Master HVAC professional to install or oversee the work.
