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TITLE 16
Health and Safety
PART II
Regulatory Provisions Concerning Public
Health
CHAPTER 29. CLEAN
INDOOR AIR ACT
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§ 2901. Legislative intent. |
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The General Assembly finds that it
is in the best interest of the people of this State to protect
nonsmokers from involuntary exposure to environmental tobacco
smoke in most indoor areas open to the public, public meetings,
foods service establishments and places of employment.
The General Assembly recognizes
that a balance should be struck between the health concerns of
nonconsumers of tobacco products and the need to minimize
unwarranted governmental intrusion into and regulation of
private spheres of conduct and choice with respect to the use or
nonuse of tobacco products in certain designated public areas
and in private places. Therefore, the General Assembly declares
that the purpose of this act is to preserve and improve the
health, comfort and environment of the people of this State by
limiting exposure to tobacco smoke. (69 Del. Laws, c. 287, §
1.)
The following words, terms and
phrases, when used in this chapter, shall have the meaning
ascribed to them in this section, except where the context
clearly indicates a different meaning:
(1) "Auditorium" means the part of
a public building where an audience sits and any corridors,
hallways or lobbies adjacent thereto.
(2) "Bar" means any indoor area
open to the public operated primarily for the sale and service
of alcoholic beverages for on-premises consumption and where the
service of food is secondary to the consumption of such
beverages. An establishment which has been licensed by the
Delaware Alcoholic Beverage Control Commission as a "taproom or
tavern" as that term is defined in Title 4 shall be considered a
"bar" for purposes of the application of the provisions of this
chapter.
(3) "Employer" means any person,
partnership, association, corporation or nonprofit entity that
employs 1 or more persons, including the legislative, executive
and judicial branches of state government; any county, city,
town, village or any other political subdivision of the State,
public improvement or special district, public authority,
commission, agency or public benefit corporation; or any other
separate corporate instrumentality or unit of state or local
government.
(4) "Environmental tobacco smoke" (ETS),
or "secondhand smoke" is the complex mixture formed from the
escaping smoke of a burning tobacco product (termed as
sidestream smoke) and smoke exhaled by the smoker. Exposure to
ETS is also frequently referred to as 'passive smoking' or
'involuntary smoking'.
(5) "Food service establishment"
means any indoor area open to the public or portion thereof in
which the principal business is the sale of food for on-premises
consumption including, but not limited to, restaurants,
cafeterias, coffee shops, diners, sandwich shops or short order
cafes. A food service establishment shall not include the bar
area of such establishment. An establishment which has been
licensed by the Delaware Alcoholic Beverage Control Commission
as a "restaurant" as that term is defined in Title 4 shall be
considered a "food service establishment" for purposes of the
application of the provisions of this chapter.
(6) "Indoor area open to the
public" means any indoor area or portion thereof generally
accessible to the public.
(7) "Place of employment" means any
indoor area or portion thereof under the control of an employer
in which employees of the employer perform services but that is
not generally accessible to the public.
(8) "Public building" means any
building owned or operated by the State, including the
legislative, executive and judicial branches of state
government; any county, city, town, village or any other
political subdivision of the State, public improvement or
special district, public authority, commission, agency or public
benefit corporation; or any other separate corporate
instrumentality or unit of state or local government.
(9) "Public meeting" means all
meetings open to the public pursuant to the laws of Delaware and
its political subdivisions.
(10) "Smoke-free work area" means
an indoor area in a place of employment where no smoking occurs.
(11) "Smoking" means the burning of
a lighted cigarette, cigar, pipe or any other matter or
substance that contains tobacco.
(12) "Tobacco business" means a
sole proprietorship, corporation, partnership or other
enterprise engaged primarily in the sale, manufacture or
promotion of tobacco, tobacco products and accessories either at
wholesale or retail, and in which the sale, manufacture or
promotion of other products is merely incidental.
(13) "Work area" means an area in a
place of employment where 1 or more employees are routinely
assigned and perform services for their employer. (69 Del.
Laws, c. 287, § 1; 73 Del. Laws. C. 275 §§1,2,3,4,5,6.)
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§ 2903. Smoking restrictions. |
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(a) Except as is provided in
Section 2904 of this chapter, and in order to reduce the
levels of exposure to environmental tobacco smoke, smoking
shall not be permitted and no person shall smoke in any indoor
enclosed area to which the general public is invited or in
which the general public is permitted, including, but not
limited to:
(1) Public meetings;
(2) Elevators;
(3) Government owned and/or
operated means of mass transportation including buses, vans,
trains, taxicabs and limousines;
(4) Grocery stores;
(5) Gymnasiums;
(6) Jury waiting and
deliberation rooms;
(7) Courtrooms;
(8) Child day care facilities;
(9) Health care facilities
including hospitals, health care clinics, doctor's offices or
other health-care-related facilities;
(10) Any workplace not exempted;
(11) Restrooms, lobbies,
reception areas, hallways, and other common-use areas;
(12) Restaurants as licensed by
the Division of Public Health or defined by Title 4 of the
Delaware Code;
(13) Gaming facilities that are
open to the public;
(14) Any indoor sports arena;
(15) Lobbies, hallways, and
other common areas in apartment buildings, condominiums and
other multiple-unit residential facilities;
(16) Lobbies, hallways and other
common areas in hotels and motels, and in no less than
seventy-five percent (75%) of the sleeping quarters within a
hotel or motel that are rented to guests;
(17) Bowling alleys;
(18) Billiard or pool halls;
(19) Retirement facilities and
nursing homes not including any private residence;
(20) Public buildings;
(21) Auditoria;
(22) Theaters;
(23) Museums;
(24) Libraries;
(25) Public and non-public
schools;
(26) Other educational and
vocational institutions.
(27) Establishments defined as a
motorsports speedway, tavern or taproom by Title 4 of the
Delaware Code. (69 Del. Laws, c. 287, § 1; 70 Del. Laws,
c. 186, § 1; 71 Del. Laws, c. 316, § 1; 73 Del. Laws, c. 275
§7.)
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§ 2904. Smoking restrictions
inapplicable. |
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(a) Except as provided in
subsection (b) of this section, this chapter shall not apply
to:
(1) Private homes, private
residences and private automobiles, provided however it shall
only apply when such homes, residences or vehicles are being
used for child care or day care or when the private vehicle is
being used for the public transportation of children or as
part of health care or day care transportation;
(2) Any indoor area where private
social functions are being held when
seating arrangements are under the
control of the sponsor of the function and not the owner,
operator, manager or person in charge of such indoor area;
(3) Limousines under private hire;
and
(4) A hotel or motel room rented
to 1 or more guests provided that the
total percentage of such hotel or
motel rooms does not exceed twenty-five percent (25%).
(5) Any fund raising activity or
function sponsored by a volunteer fire
company, auxiliary of a fire
company, or a volunteer ambulance or volunteer rescue company;
provided, however, that the fund raising activity or function
takes place upon property owned or leased by the volunteer
fire, rescue or ambulance company.
(6) Any fund raising activity or
function sponsored by a fraternal benefit society as defined
by 18 Del C. §6201; provided, however, that the fund raising
activity or function takes place upon property owned or leased
by said organization." (69 Del. Laws, c. 287, § 1; 73 Del.
Laws, c. 275 §8.)
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§ 2905. Posting of signs. |
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'Warning: Smoking Permitted' signs
shall be prominently posted and properly maintained where
smoking is permitted pursuant to section 2904(a)(2) and (4) of
this chapter. Such signs shall be posted and maintained by the
owner, operator, manager, or other person having control of such
area. The letters on such signs shall be at least one (1) inch
in height. (69 Del. Laws, c. 287, § 1; 73 Del. Laws, c. 275
§9.)
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§ 2906. Implementation; rules and
regulations. |
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(a) The Department of Labor shall
adopt rules and regulations as are necessary and reasonable to
implement the provisions of this chapter as they apply to
employers, employees, places of employment and the work place.
(b) The Department of Health and
Social Services shall adopt rules and regulations as are
necessary and reasonable to implement remaining provisions of
this chapter not affecting employers, employees and the work
place.
(c) The Department of Health and
Social Services and the Department of Labor may upon request
waive the provisions of this Chapter if they determine there are
compelling reasons to do so, and such waiver will not
significantly affect the health and comfort of non consumers of
tobacco products.
(d) The Department of Health and
Social Services and the Department of Labor shall file annual
reports by the 15th of January to the General
Assembly outlining their enforcement efforts for the prior year
and the results of those efforts. The first report shall be due
one year after the effective date of the legislation. (69
Del. Laws, c. 287, § 1; 73 Del. Laws, c. 275 §10.)
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§ 2907. Administrative penalties. |
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(a) Any person who violates any
provision of this chapter or any rule or regulation promulgated
pursuant thereto shall be subject to an administrative penalty
of $100 for a first violation and not less than $250 for each
subsequent violation.
(b) Any employer who discharges or
in any manner discriminates against an employee because that
employee has made a complaint or has given information to the
Department of Labor pursuant to this chapter, or because the
employee has caused to be instituted or is about to cause to be
instituted any proceedings under this chapter, or testified or
is about to testify in any such proceedings, shall be deemed in
violation of this chapter and shall be subject to a civil
penalty of not less than $2,000 nor more than $10,000 for each
violation. (69 Del. Laws, c. 287, § 1; 70 Del. Laws, c. 186,
§ 1; 70 Del. Laws, c. 460, § 4 ; 73 Del. Laws, c. 275, § 11,
12.)
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