Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter except such places in which Smoking is prohibited by state or federal law in which case those laws apply:
A. A private residence, including one which may serve as a Place of Employment, except when covered by Section 9.28.060(D) and excluding Multi-Unit Residences;
B. Hotel and motel rooms rented to guests; provided, however, that each hotel and motel designates not less than fifty percent (50%) of their guest rooms as nonsmoking rooms and removes ashtrays from these rooms;
C. Outdoor, Unenclosed Multi-Unit Residence Common Areas. A person with legal control over such Multi-Unit Residence may designate a portion of that area for Smoking if the area meets the following criteria:
1. The designated area does not overlap with any area where Smoking is otherwise prohibited by local, state, or federal law;
2. The designated area must be located at least twenty-five (25) feet in all directions from areas where Smoking is prohibited;
3. The designated area must not be used primarily by children;
4. The designated area must be no more than twenty-five percent (25%) of the total outdoor, Unenclosed Multi-Unit Residence Common Area;
5. The designated area must have a clearly marked perimeter;
6. The designated area must be identified by conspicuous signs, pursuant to Section 9.28.100.
7. The designated area must be located at least twenty-five (25) feet in all directions from the lot line of any private residence.
D. In Places of employment, Employers may provide specific Enclosed smoking areas for Employees provided all of the following conditions are met:
1. The smoking area shall be provided with a heating, ventilating and air conditioning (HVAC) system designed so that none of the air from the smoking area will be recirculated into the other areas of the building.
2. The smoking area shall be completely separated from the remainder of the building by solid partitions or glazing without openings other than doors, and all doors leading to the smoking area shall be self-closing. The doors shall be provided with a gasket so installed as to provide a seal where the door meets the stop on both sides and across the top.
3. The smoking areas shall maintain a minimum native pressure of 0.005-inch water column relative to nonsmoking areas.
4. The Employer shall submit written verification and test results to the City Manager or his/her designees prepared by a licensed mechanical contractor or engineer that the HVAC system has been designed and tested and meets the requirements set forth in subsections (D) (1) through (3) above.
5. If the HVAC system is part of a smoke removal system or pressurization system, any modifications to these systems to provide smoking areas will require approval from the Pinole fire department. Written verification of this approval shall be provided to the city manager.
6. If the specific smoking area is an employee break room, lunch room or other area which may be used by nonsmoking employees, then a separate nonsmoking break room, lunch room or other area shall be provided of equal or larger size and include at least equal facilities.
E. In outdoor, Unenclosed Areas of Places of Employment, the Employer may designate a portion of such area for Smoking if the area meets the following criteria:
1. The designated area does not overlap with any area where Smoking is otherwise prohibited by local, state, or federal law;
2. The designated area must be located at least twenty-five (25) feet in all directions from areas where Smoking is prohibited;
3. The designated area must not be used primarily by children;
4. The designated area must be no more than twenty-five percent (25%) of the total outdoor, Unenclosed common area;
5. The designated area must have a clearly marked perimeter;
6. The designated area must be identified by conspicuous signs, pursuant to Section 9.28.100. (Ord. 2019-06 (part), 2019; Ord. 2010-01 § 1(part), 2010; Ord. 562 § 2(part), 1994).