§ 1008.2.

REGULATION OF SMOKING IN PUBLIC PLACES AND DESIGNATED FACILITIES

Smoking shall be prohibited in those enclosed areas of the following places during those times when the general public has access to them; notwithstanding any other provision of this Article, smoking is permitted in the public areas of the following places without violating this Article if one or more designated smoking areas are established which are physically separated by walls or partitions so that smoke does not permeate into areas where smoking is prohibited and so long as such designated smoking areas do not exceed in aggregate size the area or areas devoted to non-smoking which are for the general public.

a.

Public areas of every building or portion thereof on property owned or leased by the City and County of San Francisco; within 90 days after the effective date of this ordinance, every commission, department or agency with jurisdiction over such property shall adopt regulations or policies implementing the provisions of this Article;

b.

Public areas of hearing rooms, courtrooms, or places of public assembly located in buildings in which the business of any governmental body or agency is conducted;

c.

Polling places;

d.

(1) Public areas of health facilities, including but not limited to hospitals, long term care facilities, clinics, physical therapy facilities, and doctors’ and dentists’ offices, which public areas shall include waiting rooms and lobbies;

2.

The following private areas of hospitals, long term care facilities, clinics, physical therapy facilities, doctors’ and dentists’ offices, and other health facilities, even though the general public may not have access to such areas: wards, inpatient rooms, and outpatient examination and treatment rooms;

3.

Health Facility Exemptions. Notwithstanding any other provision of this Article, smoking is permitted in (i) wards and inpatient rooms if all patients currently in the ward or room request in writing to be placed in a room where smoking is permitted; and (ii) in designated areas in waiting rooms and lobbies of health facilities which may be established and which are physically separated by walls or partitions so that smoke does not permeate into areas where smoking is prohibited so long as such designated smoking areas do not exceed in aggregate size the areas in the lobbies and waiting rooms which are for the general public and designated as non- smoking; and (iii) in publicly owned long term care facilities, provided that such facilities shall adopt within 90 days of the effective date of this ordinance a written plan designed to meet the needs of patients, family and staff for a smoke-free environment;

e.

Public areas in educational facilities;

f.

Classrooms, meeting or conference rooms, and lecture halls in educational facilities; this prohibition is intended to apply even when such areas are open only to persons enrolled or otherwise formally authorized to attend;

g.

Public areas in business establishments and nonprofit establishments; provided, however, that not included are any establishments which employ three or fewer employees;

h.

Public areas of privately owned aquariums, galleries, libraries and museums when open to the public;

i.

Enclosed areas in child care facilities when children are present; provided, however, that not included are child care facilities which employ three or fewer employees. This prohibition is intended to apply even when such areas are open only to those being cared for in such facilities;

j.

Notwithstanding the provision of subsection (g) above that exempts establishments which employ three or fewer employees, all areas of all automatic laundries or launderettes intended for use by members of the general public.

Notwithstanding any other provision of this Article, any owner, operator, manager, or other person who controls any establishment or facility described in this Article may declare the entire establishment or facility as non-smoking.

History

(Added by Ord. 300-88, App. 6/30/88; amended by Ord. 16-90, App. 1/10/90)

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