FOX6 investigates: Do parking deck smokers violate city smoking

It's been just over two months since Birmingham's new strict smoking law went into effect.

Since that time, FOX6 News has received several tips from viewers who say they've caught people at local hospitals breaking the new law. The law says smokers must be at least 7 feet away from doors to smoke.

A woman we spoke with today says she saw smokers in the parking deck at a hospital. 

"You pull a ticket to park, you have to smell that smoke right there," Pat Spruell said.

She has to take family members to various hospitals around Birmingham and says she sees the same thing.

"You see visitors, patients, you see their employees right there smoking....you have to walk through that," she said.

But does smoking in a parking deck, at a hospital or anywhere else, violate the new smoking ban?

We took a closer look at the ordinance. Section 2, Subsection B covers parking decks, stating the law shall be enforced only in those controlled by the city of Birmingham.

Subsections G and H go further by stating that if hospitals or any private company chooses to have parking decks covered under the law, they must post signs that clearly state, "No smoking within 7 feet," at every entrance.

Based on this information, it doesn't appear that the smokers Spruell has spotted are violating any laws. However, they may be violating hospital rules if the facility has any signs posted saying "This is a smoke free campus."     

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