RulesCommunications Highlights 2009 0205

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time employees working at the facility, but does not include any area within a facility that is utilized as office space. (8) Bars and taverns, in which smoking is permitted by subdivision (f). For purposes of this paragraph, "bar" or "tavern" means a facility primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises, in which the serving of food is incidental. "Bar or tavern" includes those facilities located within a hotel, motel, or other similar transient occupancy establishment. However, when located within a building in conjunction with another use, including a restaurant, "bar" or "tavern" includes only those areas used primarily for the sale and service of alcoholic beverages. "Bar" or "tavern" does not include the dining areas of a restaurant, regardless of whether alcoholic beverages are served therein. (9) Theatrical production sites, if smoking is an integral part of the story in the theatrical production. (10) Medical research or treatment sites, if smoking is integral to the research and treatment being conducted. (11) Private residences, except for private residences licensed as family day care homes, during the hours of operation as family day care homes and in those areas where children are present. (12) Patient smoking areas in long-term health care facilities, as defined in Section 1418 of the Health and Safety Code. (13) Breakrooms designated by employers for smoking, provided that all of the following conditions are met: (A) Air from the smoking room shall be exhausted directly to the outside by an exhaust fan. Air from the smoking room shall not be re-circulated to other parts of the building. (C) The smoking room shall be located in anon-work area where no one, as part of his or her work responsibilities, is required to enter. (D) There are sufficient nonsmoking breakrooms to accommodate nonsmokers. (14) Employers with a total of five or fewer employees, either full time or part time, may permit smoking where all of the following conditions are met: (A) The smoking area is not accessible to minors. (B) All employees who enter the smoking area consent to permit smoking. No one, as part of his or her work responsibilities shall be required to work in an area where smoking is permitted. (C) Air from the smoking area shall be exhausted directly to the outside by an exhaust fan. Air from the smoking area shall not be recirculated to other parts of the building. (D) The employer shall comply with any ventilation standard or other standard utilizing appropriate technology, .. .