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An Ordinance of the Allegheny County Council amending the Allegheny County Code of Ordinances, Division 8, entitled "Health Department Regulations," by amending Section 880-2, entitled "Smoking Prohibited," to require that steps be taken to protect the health of employees and the public when present in areas to which the provisions of the County smoke free legislation do not apply.
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WHEREAS, on September 26, 2006, Allegheny County Council enacted a comprehensive smoking ban for public places within Allegheny County; and
WHEREAS, the terms of the smoking ban do not apply to all public places within the County; and
WHEREAS, Council still desires to protect the health of employees and the public to the greatest extent possible; and
WHEREAS, while the scientific evidence indicates that there is no safe level of exposure to secondhand smoke and that ventilation devices are not adequate to fully protect the public health, such devices may offer some marginal protection to individuals who find themselves in a public area to which the smoke free regulations do not apply;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
Section 880-2 of the Allegheny County Code of Ordinances is hereby amended as follows:
§880-2. Smoking Prohibited.
(a) No person shall smoke or possess a lit tobacco smoke producing instrument in any of the following locations, except as provided in Section 880-02(b) of this Chapter:
(1) In any Enclosed Area to which the general public is invited or in which the general public is routinely permitted, including, but not limited to:
(i) Elevators, restrooms, lobbies, reception areas, passageways and other common-use areas;
(ii) Retail or wholesale stores;
(iii) Service establishments, office buildings, banks or financial institutions;
(iv) Food or Beverage Establishments;
(v) Galleries, libraries and museums;
(vi) Any school or educational or vocational facility;
(vii) Any licensed gaming facility;
(viii) Any County-owned or leased building or facility;
(ix) Any enclosed place at which a public meeting is held by any public agency, during such time as a public meeting is in progress;
(x) Any health care facility, including, but not limited to, hospitals, clinics, physical therapy facilities, and doctors' offices, and including any private residence used as a health care facility during those hours it is used as such, and patient transport vehicles owned or leased by the facility;
(xi) Any child care or adult day care facility, including any private residence used as a child care or adult day care facility during those hours it is used as such. In addition, no person shall smoke in a vehicle when such vehicle is being used for the public transportation of children or adults as part of day care transportation;
(xii) Lobbies, hallways, and other common areas in apartment buildings, in condominiums and other multiple-unit residential facilities, or in retirement facilities and nursing homes; and
(xiii) Lobbies, hallways, and other common areas in Lodging Establishments and in no less than seventy-five percent (75%) of the sleeping quarters within a Lodging Establishment that are available for rent to guests.
(2) In any Sports or Recreational Facility.
(3) In any Theater or Performance Establishment.
(4) In any Workplace.
(5) In any place where "No Smoking" signs are posted by order of any individual or agency authorized by law to do so.
(6) Outdoors within fifteen (15) feet of any entrance to any Enclosed Area in which smoking is prohibited under this Section.
(7) In any vehicle of public transportation or any fare-paid area of a Port Authority of Allegheny County facility;
(8) In any Food Facility, as defined in this Chapter;
(9) On any property adjacent to a health care facility as defined in §880- 2(a)(1)(x) that is owned in whole or in part by that health care facility or other entity owning or operating that health care facility.
(b) Exceptions. The provisions §880-2(a) shall not apply:
(1) In a Specialty Tobacco Establishment, as defined by this Chapter; provided that, such Specialty Tobacco Establishment is in legal operation and has a valid business privilege license.
(2) In designated sleeping quarters within a Lodging Establishment that are available for rent to guests accounting for no more than 25% of the total number of lodging units within any single lodging establishment, as defined by this Chapter.
(3) In private residences, except when used as a childcare, adult daycare, or health care facility, or when operated as a business or other entity which would otherwise fall within the restrictions of this Chapter.
(c) In all areas which would be subject to the terms of §880-2(a), but which are not regulated under that section through the operation of an exception, exemption, or waiver, smoke-eating or other ventilations devices shall be installed. Such devices shall only be deemed to be in compliance with the requirements of this section if certified by the Allegheny County Health Department as meeting current industry performance standards.
SECTION 2. Severability.
If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.