Smoking areas may be designated in accordance with the provisions of this section by proprietors or employers in charge of places within Sections 1755.02(b) and 1755.03(c), except where specifically prohibited by this chapter or otherwise prohibited by law. These designated smoking areas shall not be directly in the path of the general access, ingress and egress to the building establishments, shall be adequately ventilated and posted accordingly.
(a) Number and Size. No more than fifty percent (50%) of the total floor space of any establishment, or portion thereof, except eating establishments and hotel and motel rooms rented to guests, within Section 1755.02(b) or 1755.03(c), may be designated as a smoking area. In the case of establishments consisting of a single room, no more than fifty percent (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 fifty percent (50%) of the rooms may be designated as smoking areas. In all cases, adequate ventilation and barriers shall separate the smoking from the nonsmoking areas. Hotels and motels shall set aside a sufficient number of no-smoking guest rooms to meet customer demand.
(b) Barriers and Ventilations. Smoking areas may be designated using existing barriers and ventilation systems to the maximum extent practicable to minimize the migration of sidestream smoke to adjacent no-smoking areas. Where modifications are made to such establishments for other reasons, barriers and ventilation systems shall be modified to exclude sidestream smoke from migrating into no-smoking areas.
(c) Prohibition Permitted. This section shall not be interpreted or construed to require persons in charge of places within Sections 1755.02(b) or 1755.03(c) 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 smoke-free environment.
(Res. 131. Passed 6-24-92.)