Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 153 - Smokefree Air › Rule 641-153.4 - Areas Where Smoking Not Regulated

Current through Register Vol. 47, No. 3, July 24, 2024
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.