737.04 AREAS WHERE SMOKING IS NOT REGULATED BY THIS CHAPTER.
Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the prohibitions and requirements of this chapter:
(a) Private residences, except if used as a licensed child care, adult day care, or health care facility.
(b) Hotel and motel rooms that are rented to guests and are designated as smoking rooms.
(c) Any home, as defined in Section 3721.10(a) of the Ohio Revised Code, but only to the extent necessary to comply with R.C. 3721.13(a)(18) and rules promulgated according to that section.
(e) Outdoor patios as defined in Section 737.01
(j) of this chapter. 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 form 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 do 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) That portion of any establishment licensed by the State of Ohio Department of Liquor Control to sell intoxicating beverages for consumption on the premises.
(g) Smoking areas for employees designated by an employer within a place of employment provided that such smoking areas are generally not accessible by members of the public and smoke from such areas does not infiltrate into places of public assembly where smoking is prohibited under this chapter.
(h) Any area used by theatrical performers in the performance of a theatrical production but only to the extent that the written script of the production includes the use of smoking materials by the performer(s) during such production. (Ord. 73-05. Passed 4-25-05.)