(A) Private residences, except those that qualify as a place of employment.
(B) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 15% of rooms rented to guests in a hotel or motel may be so designated.
(C) Any home, as defined in R.C. § 3721.10(A), but only to the extent necessary to comply with R.C. § 3721.13(A)(18) and rules promulgated according to that section.
(D) Retail tobacco stores as defined in § 94.10 in operation prior to the effective date of this subchapter. Any new retail tobacco store or any existing retail tobacco store that relocates to another site may only qualify for this exemption if completely enclosed on all sides by solid floor-to-roof deck walls; comply with all applicable fire and building code requirements; and have a separate ventilation system whereby the air from such space is immediately exhausted to an outdoor area rather than being re-circulated inside, and is negatively pressurized to prevent back streaming of second-hand smoke into adjoining areas.
(E) Outdoor patios as defined in § 94.10. If the outdoor patio has a structure capable of being enclosed by walls, covers, solid surface fencing, or tents, regardless of the materials or the removable nature of the walls, covers, solid surface fencing, or tents, the space will be considered enclosed, when the walls, covers, fences, or tents are in place. All outdoor patios shall be physically separated from an enclosed area. If sliding or folding windows or doors or other windows or doors forms any part of the border to the outdoor patio, the openings shall be closed to prevent the migration of smoke into the enclosed area. If sliding or folding windows or doors or other windows or doors does not prevent the migration of smoke into the enclosed area, the outdoor patio shall be considered an extension of the enclosed area and subject to the prohibitions of this chapter.
(F) Private clubs as defined in § 94.10 provided that all of the following apply:
(1) That there are no nonmembers permitted to utilize the facility; and
(2) That the private club is the holder of a valid D-4 liquor permit pursuant to R.C. § 4303.17 if alcoholic beverages are to be served.
(Ord. 52-04, passed 11-15-04) Penalty, see § 94.99