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57-87 New chapt 523 Clean Indoor Air - repeal 521.07
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57-87 New chapt 523 Clean Indoor Air - repeal 521.07
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5/14/2013 3:06:51 PM
Creation date
9/8/2003 6:40:08 AM
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Office Of Council
Document Type
Ordinances
Date
9/8/2003
Date Adopted
9/8/1987
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general public for the primary ~urpose of the <br />establishment, (2) such room is enclosed by <br />walls on all sides and openings adjace,,c to <br />no-smoking areas are generally kept closed, <br />and (3) such room occupies less than twenty <br />(2~) percent of the total floor space of the <br />establishment; <br /> <br />523.g5 DESIGNATION OF SMOKING AREAS. <br /> <br />Smoking areas may be designated in accordance with <br />the provisions of this section by proprietors, <br />employers in charge of places within Sections <br />523.02(b) and (c), except in places in which <br />smoking is otherwise prohibited by law. <br /> <br />(a) Number and Size: <br /> <br />No more than fifty (50%) percent of the total <br />floor space of any establishment, or portion <br />thereof, except eating establishments and hotel <br />and motel rooms rented to guests, within Sections <br />523.02(b) or (c), may be designated as a smoking <br />area. In the case of establishments consisting of <br />a single room, no more than fifty percent (50%) of <br />the room may be.designated as smoking areas. <br />Eating establishments must set aside a contiguous <br />no-smoking area sufficient to meet customer <br />demand. Hotel and motels must set aside a <br />sufficient number of no-smoking guest rooms to <br />meet customer demand. <br /> <br />(b) Barriers and Ventilation: <br /> <br />Smoking areas may be designated using existing <br />barriers and ventilation systems to the maximum <br />extent practicable to minimize the migration of <br />smoke to adjacent no-smoking areas. Where <br />modifications are made to such establishments for <br />other reasons, barriers and ventilation systems <br />shall be modified to the extent practicable to <br />minimize the migration of smoke to adjacent no- <br />smoking areas, provided that the persons <br />undertaking such modification shall, not be <br />required to incur any expense to meet the <br />requirements of this section. <br /> <br />(c) Prohibition Permitted: <br /> <br />This section shall not be interpreted or construed <br />to require persons in charge of places within <br />Sections 523.02(b) or (c) to provide smoking <br />areas. Notwithstanding any other provision of <br />this chapter, any proprietor or employer in charge <br />of an establishment may declare that entire <br />establishment asa no-smoking area. <br /> <br />523.95 EDUCATION. <br /> <br />The Division of Health shall engage in a <br />continuing program to inform and clarify the <br />purposes of this Chapter to citizens affected by <br />it, and to guide proprietors and employers in <br />their compliance. The Division of Health shall <br />prepare guidelines for the designation of smoking <br />areas including, but not limited to, number, size, <br />barrier, ventilation and placement. The Division <br /> <br /> <br />
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