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   1755.03 RESTRICTIONS ON SMOKING IN PLACES OF EMPLOYMENT.
   (a)   Private Employer. Private employers of fifteen or more employees shall, within six months of the effective date of this chapter, develop and institute a written policy regulating smoking in their places of employment. Such policies shall comply with the intent of this chapter and shall be filed with the City Board of Health within six months of their development and institution. The City Board of Health may, upon written request, extend the filing deadline for an additional three months.
   (b)   Smoking Prohibited Except in Designated Sections. The possession of lighted smoking materials in any form is prohibited in the following areas within a place of employment:
(1)   Cafeterias, lunchrooms;
(2)   Waiting rooms and lobbies;
(3)   Designated individual work stations;
   Smoking in other areas within a place of employment, where nonsmoking employees are not required to be, shall be at the discretion of the employer as set forth in Section 1755.05.
   (c)   Responsibilities of Employers. The employer or other person in charge of a place of employment, within this section, shall utilize his best effort to ensure that the provisions of this section are met with regard to such places.
(1)   Smoking policy. The policy shall be communicated to all employees within three weeks of its adoption, and at least yearly thereafter. All employers shall supply a written copy of the smoking policy to any prospective employee who so requests, and to all new employees within one week of commencing their employment.
(2)   Signs. No-smoking signs indicating that smoking is prohibited shall be clearly, sufficiently and conspicuously posted in no-smoking areas of every building, or other place managed by the employer and regulated by this chapter. The employer shall provide no-smoking signs indicating that smoking is prohibited to any employee requesting such signs for the purpose of identifying his or her work area.
(3)   Ashtrays. Ashtrays shall be removed from areas where smoking is prohibited, (except where appropriate to extinguish smoking materials).
(4)   Enforcement. Persons smoking in violation of the employer's smoking policy or this chapter shall be ordered to stop. It is not expected that employees and their agents will use whatever means available to bring about compliance with this chapter. The employer shall be ultimately responsible for compliance with this chapter.
(5)   Nondiscrimination. No employer shall discharge, refuse to hire or in any manner discriminate against any employee or applicant for employment because such employee or applicant exercises on his behalf, or on behalf of others, any rights afforded them by the employer's policy or by this chapter.
(6)   Balancing rights. In any dispute arising under this section, the rights of nonsmokers shall be given priority consideration, and resolution of such conflicts shall be made according to the intent of this chapter.
         (Res. 131. Passed 6-24-92.)
   1755.04 EXEMPTIONS.
   The restrictions in Section 1755.02 and 1755.03 shall not apply to:
(a)   An entire room or hall which is being used for a private social function, provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place;
(b)   A limousine for hire, or patrol car that does not transport prisoners;
(c)   Retail tobacco stores;
(d)   Bars, taverns, etc. where over sixty-five percent (65%) of the establishment's total annual revenue is derived from the sole sale of alcoholic beverages;
(e)   An eating establishment that seats fewer than thirty people provided that a sign is conspicuously posted on all public entrances or in a position clearly visible on entry into the establishment, stating either that a "no-smoking area is not available", or that "this restaurant encourages courtesy and consideration to both smokers and nonsmokers-please be courteous", or similar language;
(f)   Private residences except those portions of a private residence used as a child care, adult care or health-care facility or serving as a place of employment;
(g)   Places owned or operated by governmental agencies not under the jurisdiction of the Health District;
(h)   Bowling centers;
(i)   A single room in a place within Section 1755.02(a)(9) through (11), provided that:
(1)   Such room is not normally used by members of the general public for the primary purpose of the establishment,
(2)   Such room is enclosed by walls on all sides and openings adjacent to no-smoking areas are generally kept closed when occupied by smokers, and
(3)   Such room occupies less than twenty percent (20%) of the total floor space of the establishment;
(j)   A restroom, where at least two restrooms for use by the same gender are available on the same floor of the building.
      (Res. 131. Passed 6-24-92.)
   1755.05 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 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.)
   1755.06 ENFORCEMENT.
   Enforcement Agency. Enforcement shall be implemented by the Board of Health, which shall:
(a)   Establish a telephone number through which all complaints by residents relating to violations of this chapter may be directed or referred. A record of each complainant's name, address and telephone number shall be maintained and the existence of the facts stated in each complaint shall be verified before any action is taken;
(b)   Require, while an establishment is undergoing otherwise mandated inspections, a self-certification from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with. Other departments conducting otherwise mandated inspections shall cooperate with the Board of Health in obtaining such self-certifications;
(c)   For establishments found out of compliance with this chapter or receiving repeated, verified resident complaints:
(1)   Provide to the proprietor or employer a copy of the provisions of this chapter and such advisory assistance to rectify future violations as may be necessary to achieve compliance with the provisions of this chapter;
(2)   Follow up such investigation and advice with a written directive explaining in detail the steps required in order to achieve future compliance with the provisions of this chapter; and
(3)   If the violations do not cease within thirty days, request commencement of a civil and/or criminal proceeding by the Director of Law as may be appropriate pursuant to the provisions of Section 1755.99.
         (Res. 131. Passed 6-24-92.)
   1755.07 BOARD OF EDUCATION FACILITIES.
   The City Board of Education is authorized to institute policies and regulations to govern smoking by Board employees at facilities under their control. Such policies and regulations shall balance the rights of both smokers and nonsmokers, if so desired, and shall comply with the intent of this chapter. Such policies and regulations shall be at least as restrictive as those in this chapter, shall carry the full effect of this Board resolution, and shall be enforceable as such.
(Res. 131. Passed 6-24-92.)
   1755.08 GOVERNMENT AGENCY COOPERATION.
   The Health Commissioner, or designated agent, shall request such governmental and other educational agencies having offices and/or facilities within the Health District to establish local operating procedures to cooperate and comply with this chapter, shall urge enforcement of their existing smoking regulations and, whenever necessary, mandate the requirements of this chapter.
(Res. 131. Passed 6-24-92.)
   1755.09 RELATION TO OTHER LAW AND TO EXISTING LAW.
   (a)   This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by law.
   (b)   This chapter shall not be interpreted or construed to negate policies and regulations already in effect at establishments, so long as such policies and regulations are at least as restrictive as those in this chapter.
   (c)   This chapter shall not be interpreted or construed to prohibit or preclude establishments from developing and instituting policies and regulations more restrictive than those in this chapter.
(Res. 131. Passed 6-24-92.)
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