§ 11-9. Smoking prohibited.

(a)

It is unlawful for any person to smoke in a long term care facility. It is an affirmative defense to this subsection that the person is a resident of the facility and is smoking in a designated smoking lounge that is in compliance with subsection (b) below.

(b)

The owner, operator, or person in control of any facility may designate for residents only smoking lounges that are completely enclosed and exhausted directly to the outside and maintained under negative pressure sufficient to prevent the air in the smoking lounge from entering any other part of the building. The ventilation system shall provide the smoking lounge with at least sixty (60) cubic feet per minute (CFM) of new air per smoker, which is often supplied by transfer air from other parts of the building, such as corridors. This shall be consistent with the American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) Standard 62-1989 as in a copy of which is on file with the office of city secretary. Doors to this smoking lounge shall be tight fitting and self-closing.

(c)

Signs shall be posted at all exterior entrances and shall be readily visible from the outside of the building to inform people that smoking is restricted to designated areas for residents only. The smoking lounge shall have a sign designating it for residents only and denoting the maximum number of smokers allowed therein.

(d)

Signs shall be posted at all exterior entrances stating that smoking is not permitted within twenty-five (25) feet of the doorway.

(e)

Nothing in this chapter shall prevent the long term care facility from declaring all of the facility as nonsmoking.

(Ord. No. 2009-9045, § 1, 2-5-09)