Current through Register Vol. 47, No. 13, December 25, 2024
(1) The employer,
owner, operator, manager, or person having custody or control of a place where
smoking is prohibited under 2008 Iowa Acts, House File 2212, shall:
a. Not permit smoking in a public place,
place of employment, outdoor area where smoking is prohibited, or an area
declared nonsmoking pursuant to 2008 Iowa Acts, House File 2212, section
5.
b. Inform all current employees
and all prospective employees upon application for employment of the
prohibitions of 2008 Iowa Acts, House File 2212.
c. Not retaliate against any employee,
applicant for employment, or customer that exercises any rights under 2008 Iowa
Acts, House File 2212, registers a complaint, or attempts to prosecute a
violation of 2008 Iowa Acts, House File 2212.
d. Post signs in and at every entrance to the
public place, place of employment, area declared nonsmoking, and outdoor area
where smoking is prohibited that clearly and conspicuously inform persons that
they are entering a no smoking facility or area.
(1) The signs shall be clear and conspicuous
in or at the entrance where posted.
(2) The signs shall be at least 24 square
inches in size (for example, 4 inches by 6 inches) and shall be in legible font
type.
(3) The signs shall contain
the words "No Smoking" or the international "no smoking" symbol; the telephone
number for reporting complaints, 1-888-944-2247; and the department of public
health Web site,
www.IowaSmokefreeAirgov.
e. Place no smoking signs in every
vehicle that constitutes a public place, place of employment, or area declared
nonsmoking pursuant to 2008 Iowa Acts, House File 2212, section 5.
(1) Such signs shall be clear and conspicuous
from the exterior of the vehicle.
(2) The signs shall be at least 9 square
inches (for example, 3 inches by 3 inches) and shall be in legible font
type.
(3) The signs shall contain
the words "No Smoking" or the international "no smoking" symbol; the telephone
number for reporting complaints, 1-888-944-2247; and the department of public
health Web site,
www.IowaSmokefreeAirgov.
(4) Nothing in this rule requires the
placement of a sign in any vehicle that the director of the department of
administrative services or the director of transportation orders to receive a
regular registration plate pursuant to Iowa Code section
321.19.
f. Remove all ashtrays from areas
where smoking is prohibited.
(2) The owner or operator of a building or
facility that contains more than one public place, place of employment, or area
declared nonsmoking pursuant to 2008 Iowa Acts, House File 2212, section 5,
which is controlled by other employers, owners, or operators shall comply with
the provisions of subrule 153.5(1) for the area of the building or facility
under the owner's or operator's control.
(3) An employer, owner, or operator of a
public place, place of employment or area declared nonsmoking pursuant to 2008
Iowa Acts, House File 2212, section 5, that is within a public place that is
owned or operated by another person shall comply with the provisions of subrule
153.5(1) for the area under the control of the employer, owner, or operator
within that public place.
(4) An
employer, owner, operator, manager, or person having custody or control of a
place where smoking is prohibited under 2008 Iowa Acts, House File 2212, shall
inform any individual smoking in a place where smoking is prohibited that the
individual is violating the smokefree air Act and shall request that the
individual stop smoking immediately.
a. If the
individual refuses to stop smoking, the employer, owner, operator, manager, or
person having custody or control of the place where smoking is prohibited may
discontinue service to that individual.
b. If the individual refuses to stop smoking,
the employer, owner, operator, manager, or person having custody or control of
the place where smoking is prohibited may request that the individual leave the
area where smoking is prohibited.
c. If the individual refuses to leave the
area where smoking is prohibited, the employer, owner, operator, manager, or
person having custody or control of the place where smoking is prohibited may
notify the state or local law enforcement agency with jurisdiction over the
area where smoking is prohibited.
