Section 144-249-2 - SMOKING PROHIBITIONS AND LIMITATIONSA. Prohibitions for Public Places1. Smoking is prohibited in all enclosed areas of public places and all rest rooms made available to the public.2. In the case of a child care facility that is not home-based, smoking is prohibited in a facility-designated motor vehicle within 12 hours before transporting a child who is in the care of the child care facility, and whenever such child is present in the vehicle.3. Smoking is prohibited in outdoor areas of a child care facility where children may be present.4. Smoking is prohibited in outdoor eating areas open and available for dining and beverage service5. Smoking is prohibited in, on, or within, 20 feet of a beach, playground, snack bar, group picnic shelter, business facility, enclosed area, public place or restroom in a state park or state historic site.B.Prohibitions for Private Residences Under Certain Circumstances1. Smoking is prohibited in a private residence, when the private residence: a. is used by a family child care provider or a person operating a baby-sitting service. If a private residence is used by a family child care provider or a person operating ababy-sitting service, smoking is prohibited: i. in the residence, one hour prior to its opening and during the hours of operation by a family child care provider or a person operating ababy sitting service;ii. in outdoor areas on the property of that private residence, wherever a child under care may be present; andiii. during the facility's hours of operation, and for one hour before the family child care is open to public, in a motor vehicle owned or operated by the family child care provider.b. is a unit or apartment in a residential facility, when, during the period of time that an employee is physically present to perform work there, smoking is prohibited.c. is a personal residence, when, during the period of time that an employee is physically present to perform work there, smoking is prohibited.2. Otherwise, smoking in a private or personal residence is not prohibited by public health statutes but is controlled by the owner or operator of that residence.C.Limitations. The prohibitions in Sub-§§3(A) and (B) of this rule are subject to the following limitations. Nothing in this rule prohibits smoking where allowed under this sub-section. 1. Smoking is not prohibited in an enclosed area of a public place during a period of time that the facility containing the enclosed area of the public place is not open to the public. During its normal business hours, a public place must be closed for at least one hour to be considered "not open to the public."2. Smoking is not prohibited in theaters or other enclosed structures used for plays, lectures, recitals or other similar purposes if the smoking is solely by a performer and the smoking is part of the performance.3. Smoking is not prohibited in any area where undertaken as part of a religious ceremony or as part of a cultural activity by a defined group.4. Smoking in places of employment is governed by the provisions of 22 M.R.S. §1580-A. If public employees' rights provided in collective bargaining agreements are affected by this section, the employees have the right to reopen negotiations for the purpose of bargaining for designated smoking areas.5. Smoking is not prohibited in lodging place rooms, such as motel or hotel rooms expressly used for sleeping accommodations for the public. The definition of "Lodging place" is located at 22 M.R.S. §2491(7-F).6. Smoking is not prohibited in public places when high-stakes beano or bingo games are being conducted in accordance with the provisions of 17 M.R.S. § 314-A.7. Smoking is not prohibited in a tobacco specialty store. The on-premises service, preparation or consumption of food or drink, is prohibited, if the tobacco specialty store was not licensed for such service, preparation or consumption prior to January 1, 2007. Smoking a water pipe or hookah is prohibited in a tobacco specialty store that is newly licensed or that requires a new license after January 1, 2007.8. Smoking is not prohibited in designated smoking areas in an off-track betting facility or simulcast racing facility at a commercial track, if that facility is licensed pursuant to Title 8, M.R.S., Chapter 11 meets the requirements of 22 M.R.S. §1542(2)(N), and as long as:a. The designated smoking area is clearly marked and designed to prevent smoke from reaching any public place where smoking is prohibited.b. The designated smoking area is located in a room that is not a common area; has floor-to-ceiling structural partitions such that the ceiling and walls are permanently attached to one another; has a door that is kept closed at all times except for ingress or egress; meets the standards and conditions of the Life Safety Code, as adopted by the State Fire Marshal.c. The door to the designated smoking area is kept closed at all times except for ingress or egress; this may be accomplished with the installation of an automatic door closer, air lock, other device or mechanism that prevents circulation of secondhand smoke, or a combination thereof.d. An exhaust mechanism exists for the ventilation of the designated smoking area which consists of local, mechanical exhaust with direct discharge to the outdoors, in such a manner as not to create objectionable odors or a nuisance on the adjacent premises, and the volume and velocity of exhaust air must be a minimum of ten percent greater than the volume and velocity of supply air in order to maintain a negative air pressure of at least three hundredths (0.03) of an inch of water column within the smoking area. A manometer with a minimum measurement sensitivity of 0.001 inch of water column (or 0.1 Pascal) shall be used to measure differential pressure.9. Smoking is not prohibited in a "qualifying club," so long as it meets the definition and all the requirements of 22 M.R.S. sub-§§1580-A(2)(C-2) and 1580-A(9) and 10-144 CMR Chapter 250, and so is not open to the public. "Not open to the public" means open only to: (2) invited guests of private functions, e.g. wedding receptions; and (3) members or invited guests of members, accompanied by a member of the club. Note: A club holding a public function is considered open to the public and subject to this rule during such times.D.Requirements and Guidelines for Outdoor Smoking AreasExcept as otherwise provided in this section 2, the owners or operators of a public place may designate an area outdoors for patrons' smoking, provided it is a minimum of 20 feet from any windows, entryways, doorways, vents or other openings or any outdoor area where smoking is prohibited by law, and not in a location that will allow circulation of secondhand smoke into the enclosed areas of a business facility or public place in any way, e.g., through the ventilation system, open windows, and open doors. An area for smoking outdoors may be constructed to protect patrons from the weather as long as it is not an "enclosed area" within the meaning of Section 1 of this rule.
10-144 C.M.R. ch. 249, § 2