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-
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