16 Del. Admin. Code § 4452-7.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4452-7.0 - Smoking Prohibitions

7.1 Except as is provided in subsection 8.1 of these regulations, and in order to reduce the levels of exposure to environmental tobacco smoke and emissions produced by electronic smoking devices, smoking shall not be permitted and no person shall smoke in any of the following areas:

7.1.1 Any enclosed indoor area, including, but not limited to, those listed in 16 Del.C. § 2903,to which the general public is invited or in which the general public is permitted. This shall apply to any organization, business or establishment that caters to or offers goods or services or facilities to, or solicits patronage from the general public.

7.1.2 Government owned and/or operated means of mass transportation including buses, vans, trains, taxicabs and limousines.

7.1.3 Functions or activities of private clubs or organizations, as defined by Section 6.0 of these regulations, when access by the general public is allowed or solicited.

7.1.4 Any private vehicle used for the public transportation of children or as part of health care or day care transportation.

7.1.5 In private homes or private residences when such homes or residences are being used for child care or day care.

7.2 No owner of any indoor enclosed area subject to 16 Del.C. Ch. 29 and/or person(s) responsible for the management of such area or employee thereof shall permit or authorize smoking by any person(s) in areas not designated specifically for the smoking of tobacco products as permitted by subsection 8.1.

7.3 Vapor Establishments

7.3.1 Vapor establishments are permitted to have emissions produced by electronic smoking devices within their places of businesses.

7.3.2 Any vapor establishment permitted to have emissions produced by electronic smoking devices in such establishment pursuant to these regulations, and which permits such emissions, shall prohibit anyone under the age of 21 from entering.

16 Del. Admin. Code § 4452-7.0

19 DE Reg. 407(11/1/2015)
23 DE Reg. 213( 9/1/2019) (Final)