Can the state designate an entire historic house that doubles as office space as a nonsmoking area if part of it functions as a museum and library?
Plain-English summary
The State Historic Preservation Office asked the AG whether the Humber House in Greenville could be designated as a nonsmoking area in its entirety. The house is a wood-frame historic structure on the National Register of Historic Places (listed in 1981) and was the birthplace and residence of Dr. Robert Lee Humber, Jr., a Greenville attorney, state legislator, international peace advocate, and one of the forces behind the North Carolina Museum of Art. The building holds permanent exhibits of artifacts from Humber's life, staff give regular tours, and there is a public library inside. The complication: parts of the building also serve as the Eastern Office headquarters of the Division of Archives and History.
The statute in play is N.C.G.S. § 143-597, which says nonsmoking designations may be applied to (1) any library open to the public and (2) any museum open to the public, in any building owned, leased, or occupied by state government. Neither "library" nor "museum" is defined in Article 64 of Chapter 143.
Without a statutory definition, the AG fell back on ordinary dictionary meanings. The American Heritage Dictionary defines a museum as "An institution for the acquisition, preservation, study and exhibition of works of artistic, historical or scientific value," and a library as "A place in which literary and artistic materials, such as books, periodicals, newspapers, pamphlets and prints are kept for reading or reference." Both fit Humber House.
The AG concluded that because the whole building is used for exhibition of the Humber artifacts and as a library, the entire building qualifies for nonsmoking designation under both subsections (1) and (2) of § 143-597. The dual use as office space for the Division of Archives and History did not change that result. The statute does not require the museum or library use to be the building's only use; it just requires the area to fit one of the listed categories.
Practically, that meant the State Historic Preservation Office could implement a no-smoking policy across the whole structure, including the office areas. Wood-frame historic buildings are an obvious place to err on the side of restricting smoking, so the structural-protection logic ran parallel to the statutory authority.
Currency note
This opinion was issued in 1994. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
North Carolina substantially overhauled its smoking-in-public-places laws in the years after this opinion, including the 2009 Smoke-Free Restaurants and Bars Law and updates to state-building smoking restrictions. Many areas that in 1994 only "may be" designated nonsmoking are now subject to mandatory restrictions. Anyone implementing a current state-building smoking policy should consult the current Article 23 of Chapter 130A and any related state-government directives, not the 1994 framework.
Common questions
Q: Did the statute require the whole building to be a museum or library, or just part of it?
A: The AG treated the question by reading the statute as authority to designate areas that fit the museum or library description. Because the building's whole footprint was used for exhibits and for the library, the entire building fit the category. The opinion did not have to reach the harder question of how to handle a building where only a small part is a museum and most is something else.
Q: Can a private museum or library use this statute?
A: No. The statute is limited to buildings owned, leased, or occupied by state government. Private museums and libraries are governed by other smoking-restriction laws (today, the public-places framework in Chapter 130A).
Q: What if employees who work in the office portion want to smoke?
A: The AG opinion confirmed the designation authority but did not address employment policy. State agencies often pair smoking restrictions with designated outdoor smoking areas. The legal authority to ban smoking inside does not, by itself, dictate the workplace accommodation question.
Q: Why use a dictionary definition instead of the National Register definition?
A: The AG was interpreting a North Carolina General Statute that did not adopt any technical definition of "museum" or "library." When a statute uses an undefined common term, North Carolina courts use the ordinary meaning, often from a standard dictionary. The opinion was applying that interpretive convention.
Background and statutory framework
N.C.G.S. § 143-597 sits in Article 64 of Chapter 143, North Carolina's general statutes governing the executive budget and state government structure. Subsection (a) lists categories of areas that may be designated nonsmoking in buildings owned, leased, or occupied by state government. Subsections (1) and (2), the ones at issue, cover libraries and museums open to the public.
The statute is permissive ("may be designated") rather than mandatory. That fits the 1994 regulatory landscape on tobacco: the General Assembly was creating tools for state agencies to use rather than imposing universal bans. The AG's role here was simply to confirm that the tools were available for the Humber House situation. Whether to actually designate the building nonsmoking, and how to enforce that designation, was up to the State Historic Preservation Office and the Division of Archives and History.
The dictionary interpretation was straightforward but worth noting because of what it leaves out. The AG did not look at whether Humber House met any particular curatorial or scholarly standard for being a "museum" (American Alliance of Museums accreditation, for example). The statute does not require that level of qualification. A space where artifacts are exhibited to the public for study or appreciation is a museum within the ordinary meaning.
Citations
- N.C.G.S. § 143-597(a)(1) (nonsmoking designation for libraries open to the public)
- N.C.G.S. § 143-597(a)(2) (nonsmoking designation for museums open to the public)
Source
Original opinion text
March 16, 1994
Mr. David Brook
State Historic Preservation Office
507 N. Blount Street
Raleigh, NC 27604-1190
Re: Advisory Opinion; Humber House; Designation of Nonsmoking Area under N.C.G.S. § 143-597
Dear David:
The following is submitted in response to your memorandum dated February 23, 1994 requesting an opinion as to whether the entire Humber House can be designated as a nonsmoking area under the provisions of N.C.G.S. § 143-597(1) and (2).
As noted in your letter, the Humber House is a historic wood frame building, and has been individually listed since 1981 on the National Register of Historic Places. The building contains exhibits which are permanently on display and consist of artifacts related to the life of Dr. Robert Lee Humber, Jr. (1898-1970), prominent Greenville attorney, state legislator, international attorney and peace advocate, and driving force behind the establishment of the North Carolina Museum of Art. Staff members regularly give tours of the house, which was Humber's birthplace and residence. In addition, there is a library in the Humber House which is available to the public during normal working hours.
N.C.G.S. § 143-597 which is located in Article 64 of Chapter 143 of the General Statutes reads, in part, as follows: § 143-597. Nonsmoking areas in State-controlled buildings. (a) All of the following areas may be designated as nonsmoking in buildings owned, leased, or occupied by State government: (1) Any library open to the public. (2) Any museum open to the public.
. . . . There is no definition of "library" or "museum" in Article 64 of Chapter 143. In the absence of any statutory definition, the usual definition of words should be used. The term "museum" is defined in The American Heritage Dictionary (Second College Edition) as "An institution for the acquisition, preservation, study and exhibition of works of artistic, historical or scientific value." The same source defines "library" as "A place in which literary and artistic materials, such as books, periodicals, newspapers, pamphlets and prints are kept for reading or reference . . . ." Because the entire area of the Humber House is used for the exhibition of the artifacts of Dr. Robert Lee Humber, Jr. and as a library, it is the opinion of this office that the entire building may be designated as a nonsmoking area, notwithstanding the fact that parts of the building are also used as the Eastern Office headquarters of the Division of Archives and History.
Charles J. Murray
Special Deputy Attorney General
Ann Reed
Senior Deputy Attorney General