Arizona Administrative Code
Title 9 - HEALTH SERVICES
Chapter 2 - DEPARTMENT OF HEALTH SERVICES - TOBACCO-RELATED PROGRAMS
Article 1 - SMOKE-FREE ARIZONA
Section R9-2-110 - Determination of Violation
Current through Register Vol. 30, No. 38, September 20, 2024
In determining whether a violation of A.R.S. § 36-601.01 has occurred, the Department or the Department's designee shall consider the following:
1. The presence of an ashtray in an area where smoking is prohibited;
2. The lack of a sign that is required under A.R.S. § 36-601.01(E) or the presence of a sign that does not meet the requirements of R9-2-105;
3. The presence of smoking in an area where smoking is prohibited;
4. The presence of tobacco ashes, cigarette butts or filters, or cigar stubs in an area where smoking is prohibited;
5. The presence of tobacco smoke that drifts into a place of employment or public place through entrances, windows, ventilation systems, or other means; and
6. Except as provided in R9-2-108(D) and R9-2-108(E), the presence of tobacco smoke within a reasonable distance from entrances, open windows, or ventilation systems.
