Chapter 05-022

2005 -- S 1001

05/04/05

 

A N A C T

RELATING TO HEALTH AND SAFETY -- WORKPLACE SAFETY ACT

     

     

     Introduced By: Senators Sosnowski, Lenihan, Issa, Roberts, and J Montalbano

     Date Introduced: April 06, 2005

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 23-20.10-6 of the General Laws in Chapter 23-20.10 entitled

"Public Health and Workplace Safety Act" is hereby amended to read as follows:

     23-20.10-6. Where smoking not regulated. [Effective March 1, 2005.] -- (a)

Notwithstanding any other provision of this chapter to the contrary, the following areas shall be

exempt from the provisions of this chapter.

      (1) Private residences, except when used as a licensed child care, adult day care or health

care facility;

      (2) Hotel and motel rooms that are rented to guests and are designated as smoking

rooms; provided, however, that not more than fifty percent (50%) of rooms rented to guests in a

hotel or motel may be so designated;

      (3) Retail tobacco stores; provided that smoke from these places does not infiltrate into

areas where smoking is prohibited under the provisions of this chapter;

      (4) Private and semi-private rooms or designated areas in assisted living residences and

nursing facilities as allowed by regulation of the department of health under chapters 17.4 and 17

of this title;

      (5) Outdoor areas of places of employment, except those covered by the provisions of

section 23-20.10-5;

      (6) Any smoking bar as defined in section 23-20.10-2(15);

      (7) Any facility operated under a class D liquor license provided the class D liquor

license is held by a nonprofit or charitable corporation with a defined membership, is not

ordinarily a place of public accommodation but is distinctly private, and employs not more than

ten (10) employees;

      (8) Any facility operated exclusively under a class C liquor license and employs not

more than ten (10) employees.

      (b) Exemptions (7) and (8) above shall remain in effect until October 1, 2006.

      (c) (b) The provisions of this chapter shall not apply to any stage performance provided

that smoking is part of a theatrical production.

     SECTION 2. This act shall take effect upon passage.

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LC03020

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