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Sec. 34.258 Exemptions <br />This division does not apply to: <br />(1) a dwelling unit or private residence except when used as a child care, adult day care, or <br />health care facility. <br />(2) a hotel or motel room designated as a smoking room and rented to a person; <br />(3) a retail tobacco store; <br />(4) a private or semi - private room in a nursing home or long -term care facility that is <br />occupied by individuals who smoke and have requested in writing to be placed in a room where <br />smoking is permitted; <br />(5) an outdoor area of a workplace provided, however, that this exemption does not apply <br />to a park; <br />(6) outdoor seating areas of restaurants, bars, or lounges if signs are posted at each entrance <br />to such areas to inform potential patrons that the area allows smoking and warning patrons of <br />the negative health effects associated with secondhand smoke; or <br />(7) a vape shop or vapor shop. <br />Sec. 34.259. Designation of smoking rooms by hotels and motels restricted. <br />A hotel and motel may not designate more than 25 percent of its rooms that are rented for <br />temporary overnight occupation by the public as smoking rooms. <br />Sec. 34.260 Prohibition of smoking in enclosed areas of workplaces <br />(A) Smoking shall be prohibited in all enclosed areas within workplaces. This includes <br />common work areas, auditoriums, classrooms, conference and meeting rooms, <br />elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, <br />and all other enclosed areas. <br />(B) This prohibition on smoking shall be communicated by employers to all existing <br />employees by the effective date of this division and to all prospective employees upon <br />their application for employment. <br />Sec. 34.261. Voluntary designation of a non - smoking facility <br />Nothing in this division implies that the operator of an enclosed or outdoor public place is <br />prohibited from designating the entire facility as non - smoking. <br />