1650.05 DESIGNATION OF SMOKING AREAS.

   Smoking areas may be designated in accordance with the provisions of this section by proprietors or employers in charge of places within Sections 1650.02(b) and 1650.05, except in places in which smoking

is otherwise prohibited by law. Where smoking areas are designated, signs indicating that smoking is permitted shall be posted pursuant to Section 1650.02(c)(1) and Section 1650.03(c)(2).

   (a)   Number and Size. No more than 50% of the total floor space of any establishment, or portion thereof, within Sections 1650.02(b) or 1650.03(b), may be designated as a smoking area. In the case of establishments consisting of a single room, no more than 50% of the room may be designated as a smoking area. In the case of establishments consisting of more than one room, no more than 50% of the rooms may be designated as smoking areas. Rooms with a total floor space of less than 2,500 square feet may not be separated into smoking and no-smoking areas, except that this restriction does not apply to eating establishments and bars.

   (b)   Barriers and Ventilation. Smoking areas may be designated using existing barriers and ventilation systems to the maximum extent practicable consistent with good engineering practices to minimize the migration of smoke to adjacent no-smoking areas. Where modifications are made to existing establishments for other reasons, barriers and ventilation systems shall be modified to the extent practicable consistent with good engineering practices to further minimize the migration of smoke to adjacent no-smoking areas, provided that persons undertaking such modification shall not be required to incur any expense to meet the requirements of this sentence. Where new establishments are constructed, barriers and ventilation systems shall be designed and operated to the maximum extent practicable consistent with good engineering practices to minimize the migration and recirculation of smoke to no-smoking areas.

   (c)   Placement. A smoking area may not be designated adjacent to an indoor service line or between a no-smoking area and the source of fresh air. Where practicable, smoking areas shall not be designated such that nonsmokers would be required to pass through such areas on a routine basis in order to perform job duties, to patronize an establishment, or to reach a no-smoking area.

   (d)   Prohibition Permitted. This section shall not be interpreted or construed to require persons in charge of places within Sections 1650.02(b) or 1650.03(b) to provide smoking areas. Notwithstanding any other provision of this chapter, any proprietor or employer in charge of an establishment may declare that entire establishment as a no-smoking area.

(1982 Code, § 1519.05) (Ord. 87-48. Passed 11-2-1987.)