Iowa Admin. Code r. 641-153.4 - Areas where smoking not regulated
Notwithstanding any provision of these rules and 2008 Iowa Acts, House File 2212, to the contrary, the following areas are exempt from the prohibitions of 2008 Iowa Acts, House File 2212, section 3:
(1) Private residences, unless used as a
child care facility, child care home, or a health care provider
location.
(2) Hotel and motel rooms
that are rented to guests and are designated as smoking rooms; provided that
not more than 20 percent of the rooms of a hotel or motel rented to guests are
designated as smoking rooms, all smoking rooms on the same floor are
contiguous, and smoke from smoking rooms does not infiltrate into areas in
which smoking is otherwise prohibited under these rules. The status of smoking
and nonsmoking rooms shall not be changed, except to provide additional
nonsmoking rooms.
(3) Retail
tobacco stores, provided that smoke from these locations does not infiltrate
into areas in which smoking is otherwise prohibited under these
rules.
(4) Private and semiprivate
rooms in long-term care facilities, occupied by one or more individuals, all of
whom are smokers and have requested in writing to be placed in a room where
smoking is permitted, provided that smoke from these locations does not
infiltrate into areas in which smoking is otherwise prohibited under these
rules and 2008 Iowa Acts, House File 2212.
(5) Private clubs that have no employees,
except when being used for a function to which the general public is invited,
provided that smoke from these locations does not infiltrate into areas in
which smoking is otherwise prohibited under these rules and 2008 Iowa Acts,
House File 2212. This exemption shall not apply to any entity that is
established for the purpose of avoiding compliance with these rules and 2008
Iowa Acts, House File 2212.
(6)
Outdoor areas that are places of employment except those areas where smoking is
prohibited pursuant to 2008 Iowa Acts, House File 2212, section 3, subsection
2.
(7) Limousines under private
hire; vehicles owned, leased, or provided by a private employer that are for
the sole use of the driver and are not used by more than one person in the
course of employment either as a driver or passenger; privately owned vehicles
not otherwise defined as a place of employment or public place; and cabs of
motor trucks or truck tractors if no nonsmoking employees are
present.
(8) An enclosed area
within a place of employment or public place that provides a smoking cessation
program or a medical or scientific research or therapy program, if smoking is
an integral part of the program.
(9) Farm tractors, farm trucks, and
implements of husbandry when being used for their intended purposes.
(10) Only the gaming floor of premises
licensed pursuant to Iowa Code chapter 99F exclusive of any bar or restaurant
located within the gaming floor which is an enclosed area and subject to the
prohibitions of 2008 Iowa Acts, House File 2212, section 3.
(11) The Iowa veterans home.
Notes
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