(A) All areas set forth in section
3794.03 of the Revised Code
shall be
are
exempt from the provisions of Chapter 3794. of the Revised Code and
this
chapter.
(B)
In accordance with division (A) of section 3794.03
of the Revised Code, a
A private
residence, except during the hours of operation as a child care facility for
compensation, is not subject to Chapter 3794. of the Revised Code or
this
chapter:
(1) During the hours of operation as
a business by a person other than a person residing in the private residence,
or during the hours of operation as a business, when employees of the business,
who are not residents of the private residence or are not related to the owner,
are present; or
(2) In which an
individual is employed only on an intermittent basis. This includes, but is not
limited to, situations where individuals perform services for the owner of the
residence or individuals residing in the residence such as those services
performed by plumbers, electricians, remodelers, and housekeepers.
(C)
In
accordance with division (C) of section 3794.03 of the Revised Code,
a
A family owned
place of employment, in
which contractors or third parties not under the direction and control of the
family owned
place of employment are intermittently present, is not subject to
Chapter 3794. of the Revised Code or
this chapter.
(D) A private residence or portion of a
private residence that is licensed or certified by the state or federal
government to provide overnight accommodations and supervision or personal care
services to unrelated individuals is not subject to Chapter 3794. of the
Revised Code or this chapter. Notwithstanding this paragraph, smoking may be
prohibited by other applicable laws or rules.
(E) Only to the extent necessary to comply
with division (A)(18) of section
3721.13 of the Revised Code, an
institution, residence or facility that provides for a period of more than
twenty-four hours, whether for profit or not, accommodations to three or more
unrelated individuals who are dependent upon the services of others, is not
subject to Chapter 3794. of the Revised Code and
this chapter. This includes:
(1) A nursing home as defined in section
3721.01 of the Revised
Code;
(2) A residential care
facility as defined in section
3721.01 of the Revised
Code;
(3) The Ohio veteran's
home;
(4) Any facility or part of a
facility that is defined as a skilled nursing facility under Title XVIII of the
"Social Security Act" 79 Stat.
286 (1965).
42 U.S.C.A.
1395 and
1396;
(5) Any facility defined as a nursing
facility as defined in section
5111.20
5165.01 of the Revised
Code; or
(6) A county home or
district home operated pursuant to Chapter 5155. of the Revised Code
(F) In accordance with section
3794. of the Revised Code, rule
3701-17-20 of the Administrative
Code, and paragraph (E) of this rule:
A designated
indoor smoking area, that is separately enclosed and separately ventilated, may
be provided for the exclusive use of residents during specific times when the
indoor area may be used for smoking. No employees will be required to accompany
a resident into a designated indoor smoking area or perform services in such an
area when being used for smoking, unless they have volunteered to do so.
(1) A designated indoor smoking
area, that is separately enclosed and separately ventilated, may be provided
for the exclusive use of residents during specific times when the indoor area
may be used for smoking. No employees shall be required to accompany a resident
into a designated indoor smoking area or perform services in such an area when
being used for smoking, unless they have volunteered to do so.
(2) If portions of an institution,
residence, or facility are private residences, such as apartments, those
private residential portions are governed by rules in this chapter applicable
to private residences, unless otherwise prohibited by applicable laws or
rules.
(3) Outdoor smoking by residents of
institutions, residences or facilities specified in paragraph (E) of this rule
is permitted to the extent necessary to comply with division (A)(18) of section
3721.13 of the Revised Code.
(G)
If portions of an
institution, residence, or facility are private residences, such as apartments,
those private residential portions are governed by rules in this chapter
applicable to private residences, unless otherwise prohibited by applicable
laws or rules.
(H)
Outdoor smoking by residents of institutions,
residences or facilities specified in paragraph (E) of this rule is permitted
to the extent necessary to comply with division (A)(18) of section
3721.13 of the Revised
Code.
(G)(I) Outdoor patios, as
defined in paragraph
(M)
(N) of rule
3701-52-01 of the Administrative
Code
and meet the requirements of paragraph (C) of rule
3701-52-02 of the Administrative
Code, that are open to the air.
(H)(J)
In accordance with section 3794.03 of the Revised
Code, an
An enclosed space in a
laboratory facility at an accredited college or university, when used solely
and exclusively for clinical research activities by a
person, organization, or
other entity conducting institutional review board-approved scientific or
medical research related to the health effects of smoking or the use of tobacco
products. The enclosed space
shall
will not be open to the public and
shall
will be
designed to minimize exposure of nonsmokers to smoke. The program administrator
shall
will
annually file a notice of new research with the
department of health on a form
prescribed by the
department.