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(a) Except as provided in subsection (e) of this section, smoking is prohibited in all enclosed places of employment. Each employer associated with each such place of employment shall make reasonable efforts, as necessary, to ensure that all enclosed areas in the place of employment controlled by such employer are free from tobacco smoke or other smoke emanating from smoking products. As used in this subsection, "reasonable efforts" shall not include the incurring of any expense to make structural or other physical modifications. Nothing in this section shall be construed to prevent an employer in its discretion from making any such modifications on a voluntary basis.
(b) Each employer having an enclosed place of employment located within the county shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements:
Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed areas.
(c) The employer shall communicate the requirements of subsection (b) of this section to all employees concurrently with adoption of the smoking policy.
(d) An employer shall supply a written copy of the employer's smoking policy which includes such requirements upon request to any current or prospective employee of such employer.
(e) Subsection (a) of this section shall apply to any enclosed workplace occupied by a single individual, whether a sole proprietor, sole employee of a closely-held corporation or otherwise, if such workplace shares with any other enclosed workplace a common heating, cooling or ventilation system or any other opening through which smoke may pass into any other enclosed workplace.
(f) Subsection (a) of this section shall apply to those enclosed areas of buildings owned or used by private clubs, fraternal organizations, health clubs and similar groups, if one or more employees normally frequent the enclosed area during the course of employment and while the area is being used by members or guests of the club, organization or group.
(Ord. 1461, eff. November 12, 2015)
Notwithstanding any other provision of this chapter, the following areas shall not be subject to the smoking restrictions of this chapter:
(a) Private residences, except when used as a child care, health care, or other care-providing facility required to be licensed as such by any governmental entity; and
(b) Hotel and motel rooms rented to guests.
(Ord. 1461, eff. November 12, 2015)
Signs saying "No Smoking" or displaying the international "No Smoking" symbol (consisting of a pictorial representation of a cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is prohibited by this chapter, by the owner, operator, manager or other person having control of or occupying such building or enclosed area. The posting of any sign allowing or encouraging smoking in such a place is prohibited. Any failure to comply in whole or in part with the requirements of this section shall not relieve any person or entity from any obligation to comply with any other provisions of this chapter applicable to such person or entity.
(Ord. 1461, eff. November 12, 2015)
No person or employer shall discharge, refuse to hire, discipline, or in any manner retaliate against any employee or applicant for employment because such employee or applicant claims or exercises any right to a smoke-free environment afforded by this chapter.
(Ord. 1461, eff. November 12, 2015)
(a) The tobacco control/education division of the department of public health shall have authority to communicate with employers and those having control of any place wherein smoking is regulated or prohibited pursuant to this chapter for the purposes of providing information, notifying of alleged violations of this chapter, informally attempting to resolve disputes that may arise hereunder, or otherwise implementing the provisions of this chapter in a manner not inconsistent with this chapter or any other laws.
(b) Any owner, manager, operator, or employee of any establishment regulated by this chapter may inform persons in violation of any provision of this chapter of the appropriate provisions thereof.
(c) The department of resource management shall verify, while an establishment is undergoing otherwise mandated inspections, that the posting requirements of Section 6-18.006 are met and may issue citations for violations of that section.
(d) This chapter may be enforced by the public health officer and his or her designees, who shall have the authority to issue citations pursuant to Section 6-18.009.
(Ord. 1461, eff. November 12, 2015)
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