Sec. 22.1-6. Exceptions to this chapter.
The prohibitions of this chapter shall not apply within the following areas:
(a) Lawfully designated smoking areas which meet the conditions set forth below in Section 22.1-7.
(b) An area of a theater commonly referred to as a lobby if physically separated from the spectator area. Theaters are encouraged to provide separate areas in lobby areas for both smokers and nonsmokers.
(c) Office or work areas which are not shared work areas and which are not entered by the public in the normal course of business or use of the premises. For purposes of this ordinance an office must be a totally enclosed area, areas that have been divided into separate work areas by partitions shall not be considered offices and shall constitute shared work areas if other employees are located adjacent to such partitions.
(d) Bars and lounge areas.
(e) Any tobacco shop or store primarily concerned with selling tobacco and smoking implements.
(f) Those health care facilities or portions thereof which engage primarily in the treatment of patients suffering from alcohol and other chemical dependency or abuse, or psychiatric disorders or illnesses when implementation of the smoking prohibitions contained in this ordinance would, in the written opinion of attending physicians, produce a significant risk of worsening a patient's mental health.
(g) Buildings owned or leased by the Commonwealth of Virginia, and the federal government and its agencies.
(h) Restaurants, conference or meeting rooms, ballrooms, and public or private assembly rooms while these places are being used exclusively for private functions. The fact that tickets to such functions may be offered for sale to the public or guests may be invited to such functions does not prevent the functions from being private functions.
(i) Office or work areas which are not shared work areas and which are not entered by the public in the normal course of business or use of the premises.
(j) Areas of enclosed shopping centers or malls that are external to the retail stores and are used by customers as a route of travel from one store to another, and that consist primarily of walkways and seating accommodations.
(k) In the in-patient sleeping quarters of any health care facility, except hospitals. Each facility shall make a reasonable effort to assign patients to sleeping rooms according to the patient's individual nonsmoking preference.
(l) The sleeping quarters of nonambulatory hospital patients, when the physician writes an order in the patient's record allowing that patient to smoke. (Ord. No. O-89-173, § 1, 6-27-89)
Last updated date: 10/23/2006 4:15:21 PM