(A) Private residences, except when used as a licensed child care, adult day care, or health care facility;
(B) Private vehicles, except when used in conjunction with a licensed daycare, adult day care facility, or health care facility;
(C) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 20% of rooms rented to guests in a hotel or motel may be so designated;
(D) Outdoor areas of places of employment except those covered by the provisions of § 94.05;
(E) Designated smoking areas. The owner/operator of a public place may establish a designated public smoking area within a public area and/or a designated employee smoking area within a nonpublic area of a public place in compliance with the following specifications:
(1) Separate ventilation. The designated smoking area must be equipped with a physical barrier that separates the designated smoking area from the nonsmoking area with separate ventilation. The physical barrier must form an effective membrane continuous from outside wall to outside wall, from smoke barrier to smoke barrier, from floor to floor or roof above, or a combination thereof, including continuity through all concealed spaces, such as above suspended ceilings, interstitial structural and mechanical spaces. Transfer grilles, louvers, and similar openings shall not be used in these partitions. Self-closing, tight-fitting doors are permitted in such barriers.
(2) Negative pressure. The ventilation system must be a HVAC system designed by a licensed professional engineer to have negative pressure on the area designated for smoking to prevent air from a smoking area to be drawn across or into a nonsmoking area and to have sufficient capacity to remove tobacco smoke from the interior of the building at the rate of one cubic foot per minute per square foot of area.
(3) Access to designated smoking area. The designated smoking area shall not be positioned in a location that would require anyone entering through the main entrance of the building to pass through the designated smoking area.
(4) Restrooms. If restroom areas are not provided in both the smoking and nonsmoking designated areas, they shall be located in the nonsmoking area, such that nobody attempting to access the restrooms will be required to enter into the designated smoking area.
(5) Square-footage limitation on designated smoking areas.
(a) Public areas. The designated smoking area located in a public area of a public place, except for a bingo facility, shall not exceed 25% of the square footage of the combined public areas within the public place.
(b) Bingo facilities. The designated smoking area located in a public area of a bingo facility, where minors are permitted, shall not exceed 80% of the square footage of the public area.
(c) Employee smoking areas. A designated employee smoking area located within a non-public area of a public place shall not be restricted as to area so long as it otherwise complies with the provision of this chapter and § 94.04.
(F) Outdoor patio areas beyond ten feet of a public entrance of any establishment or facility where food is served;
(G) Retail tobacco stores;
(H) Nightclubs and bars; however, these facilities shall be required to install a commercial air cleaning system having sufficient capacity to remove tobacco smoke from the interior of the building at the rate of one cubic foot per minute per square foot of area; and
(I) Bingo facilities that prohibit minors from entering or occupying the premises during public hours.
(Ord. 5-06, passed 4-10-2006)