(A) Notwithstanding any other provision of this subchapter to the contrary, the following areas shall not be subject to the smoking restrictions of this subchapter:
(1) Private residences, including porch and yard areas, except when used as a child care, adult day care or health care facility.
(2) Not more than 10% of hotel and motel rooms rented to guests shall be designated as smoking rooms. The following standards shall apply:
(a) All smoking rooms shall be on the same floor, shall be contiguous to the other smoking rooms and shall be configured and ventilated in a manner to restrict the smoke from these rooms from infiltrating into areas where smoking is prohibited under provisions of this subchapter;
(b) Separate ventilation and HVAC systems that prevent the commingling of air with other rooms, hallways and all other non-smoking areas shall be required; and
(c) The status of rooms as smoking or non-smoking may not be changed, except to add additional non-smoking rooms.
(3) Retail tobacco stores, where a retail store is utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. Separate ventilation and HVAC systems that prevent the commingling of air with other businesses, common areas, hallways and other non-smoking areas shall be required.
(4) Enclosed meeting or assembly rooms in restaurants, hotels, motels, and other public places while the entire room is being used for a private function provided it has a portable air purification system (defined in § 92.20).
(B) Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment described in this section may designate the entire establishment as a non-smoking establishment.
(Ord. 1309, passed 4-10-00; Am. Ord. OR-1737-09, passed 2-9-09)