§ 48-11. Smoke containment treatment and removal requirement.

A food products establishment or hotel in which smoking is permitted under section 48-5(a)(5)—(6) of this article must comply with the following smoke containment treatment and removal requirements:

(1)

Air, gas, and smoke from the designated smoking area shall be prevented from migrating into non-designated areas by a combination of floor to ceiling walls, partitions, glazing, doors or air curtain systems and the maintenance of an air pressure in the designated area sufficiently less than that in the nondesignated area to assure that air flows only from the nondesignated area to the designated area, and not otherwise.

(2)

Ventilation of the air, gas, and smoke from the designated smoking area shall provide an air change every fifteen (15) minutes and shall exhaust the air to the exterior of the building or said air, gas, and smoke shall be treated as set forth in subsection (3) below, nor shall said ventilation system cause air from a smoking area to be drawn across the nonsmoking area.

(3)

If air, gas, and smoke from a designated smoking area is treated and returned to that area, treatment shall be at least equal to that provided by an electrically powered media filter that will clean all of the air, gas, and smoke in the designated smoking area every fifteen (15) minutes with not less than ninety-five (95) percent removal of three-tenths (0.3) micron particulates efficiency including tobacco smoke. In no event will air drawn from designated smoking areas be returned to nonsmoking areas.

(4)

The system shall be tested by an agency approved by the building official or his designee to verify that the system will provide an air change at a rate of four (4) times per hour and that air from designated smoking areas is not drawn across nonsmoking areas.

(5)

Failure to meet these standards will result in the denial of the opportunity to operate a smoking area. Smoking areas failing the prescribed test shall be deemed to be nonsmoking until successfully tested. Should there be a mechanical breakdown, malfunction, or other problem rendering the air, gas, and smoking treatment system inoperable for any reason, smoking is prohibited in the facility until repair of the system has been completed and is in operation.

(6)

Facilities with designated smoking areas demonstrating compliance with the provisions herein shall be required to present evidence of testing and certification a minimum of every two (2) years. Approved testing and certification shall be performed by:

a.

A Texas registered professional engineer;

b.

A certified industrial hygienist; or

c.

An indoor air quality professional approved by the building official or his designee.

(7)

If the building official or his designee receives a complaint regarding the effectiveness of a system or observes evidence of the failure of a system to comply with subsections (1), (2), or (3) above, the facility shall perform approved testing and certification.

(8)

Facilities which are shown to be in compliance with this section through testing approved by the building official or his designee shall be exempt from the requirements of subsection (6) above for a period of two (2) years.

(9)

Smoke removal or containment may be performed by any other method which meets the intent of this chapter and is approved by the building official.

(Ord. No. 2015-9662 , § 1, 2-19-15)