2005 Idaho Code - 39-5503 — PROHIBITIONS -- EXCEPTIONS

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 55
                               CLEAN INDOOR AIR
    39-5503.  PROHIBITIONS -- EXCEPTIONS. (1) No person shall smoke in a
public place, publicly-owned building or office, or at a public meeting,
except in the following which may contain smoking areas or be designated as
smoking areas in their entirety:
    (a)  Bars;
    (b)  Retail businesses primarily engaged in the sale of tobacco or tobacco
    products;
    (c)  Bowling alleys;
    (d)  Buildings owned and operated by social, fraternal, or religious
    organizations when used by the membership of the organization, their
    guests or families, or any facility that is rented or leased for private
    functions from which the public is excluded and for which arrangements are
    under the control of the sponsor of the function;
    (e)  Guest rooms in hotels, motels, bed and breakfast lodging facilities,
    and other similar lodging facilities, designated by the person or persons
    having management authority over such public lodging establishment as
    rooms in which smoking may be permitted;
    (f)  Theatrical production sites, if smoking is an integral part of the
    story in the theatrical production;
    (g)  Areas of owner-operated businesses, with no employees other than the
    owner-operators, that are not commonly open to the public;
    (h)  Any office or business, other than child care facilities, located
    within the proprietor's private home when all such offices and/or
    businesses occupy less than fifty percent (50%) of the total area within
    the private home;
    (i)  Idaho state veterans homes, established pursuant to section 66-901,
    Idaho Code, that permit smoking in designated areas, provided that
    physical barriers and ventilation systems are used to reduce smoke in
    adjacent nonsmoking areas; and
    (j)  A designated employee breakroom established by a small business owner
    employing five (5) or fewer employees, provided that all of the following
    conditions are met:
         (i)   The breakroom is not accessible to minors;
         (ii)  The breakroom is separated from other parts of the building by
         a floor to ceiling partition;
         (iii) The breakroom is not the sole means of entrance or exit to the
         establishment or its restrooms and is located in an area where no
         employee is required to enter as part of the employee's work
         responsibilities. For purposes of this paragraph, the term "work
         responsibilities" does not include custodial or maintenance work
         performed in a breakroom when it is unoccupied; and
         (iv)  "Warning: Smoking Permitted" signs are prominently posted in
         the smoking breakroom and properly maintained by the employer. The
         letters on such signs shall be at least one (1) inch in height.
    (2)  This section shall not be construed to require employers to provide
reasonable accommodation to smokers, or to provide breakrooms for smokers or
nonsmokers.
    (3)  Nothing in this section shall prohibit an employer from prohibiting
smoking in an enclosed place of employment.