(A) An owner or operator of a restaurant may declare the entire facility as a nonsmoking facility and smoking therein is and shall be prohibited.
(B) An owner or operator of a restaurant may declare that a portion of the facility is a smoking area and, upon compliance with the provisions of this subchapter, smoking within the designated area shall be permitted.
(C) A designated smoking area may not exceed 30% of the net floor area of a restaurant.
(D) There shall be constructed and maintained a physical barrier separating the smoking and nonsmoking areas. The barrier must extend from floor to ceiling or the smoking area must be located on completely separate floors of a facility with the smoking area to be on the upper level. The barrier must extend through suspended ceilings and interstitial structural and mechanical areas. There shall be tight fitting doors leading from one area to another.
(E) In the designated smoking areas as herein defined of any restaurant which has provided a designated smoking area, the smoking area shall be equipped with a functional air purification system or functional separate ventilation system, as defined.
(1) The systems shall have a negative pressure on the area designated for smoking to prevent air from a smoking area to be drawn across or into the nonsmoking area.
(2) All air ventilation systems in the designated smoking area shall provide the total air exchange every 15 minutes and shall exhaust that air to the exterior of the building.
(3) A sign must be posted on the premises at each entrance and in two conspicuous places to advise the public that smoking is permitted in the designated smoking area only.
(Ord. 250, passed 6-12-2003) Penalty, see § 30.999