Exemptions

  1. Law
  2. Georgia Code
  3. Health
  4. Smoke-Free Air
  5. Exemptions

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  1. Notwithstanding any other provision of this chapter, the following areas shall be exempt from the provisions of Code Sections 31-12A-4 and 31-12A-5:
    1. Private residences, except when used as a licensed child care, adult day-care, or health care facility;
    2. Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 20 percent of rooms rented to guests in a hotel or motel may be so designated;
    3. Retail tobacco stores, provided that secondhand smoke from such stores does not infiltrate into areas where smoking is prohibited under the provisions of this chapter;
    4. Long-term care facilities as defined in paragraph (3) of Code Section 31-8-81;
    5. Outdoor areas of places of employment;
    6. Smoking areas in international airports, as designated by the airport operator;
    7. All workplaces of any manufacturer, importer, or wholesaler of tobacco products, of any tobacco leaf dealer or processor, all tobacco storage facilities, and any other entity set forth in Code Section 10-13A-2;
    8. Private and semiprivate rooms in health care facilities licensed under this title that are occupied by one or more persons, all of whom have written authorization by their treating physician to smoke;
    9. Bars and restaurants, as follows:
      1. All bars and restaurants to which access is denied to any person under the age of 18 and that do not employ any individual under the age of 18; or
      2. Private rooms in restaurants and bars if such rooms are enclosed and have an air handling system independent from the main air handling system that serves all other areas of the building and all air within the private room is exhausted directly to the outside by an exhaust fan of sufficient size;
    10. Convention facility meeting rooms and public and private assembly rooms contained within a convention facility not wholly or partially owned, leased, or operated by the State of Georgia, its agencies and authorities, or any political subdivision of the state, municipal corporation, or local board or authority created by general, local, or special Act of the General Assembly while these places are being used for private functions and where individuals under the age of 18 are prohibited from attending or working as an employee during the function;
    11. Smoking areas designated by an employer which shall meet the following requirements:
      1. The smoking area shall be located in a nonwork area where no employee, as part of his or her work responsibilities, shall be required to enter, except such work responsibilities shall not include custodial or maintenance work carried out in the smoking area when it is unoccupied;
      2. Air handling systems from the smoking area shall be independent from the main air handling system that serves all other areas of the building and all air within the smoking area shall be exhausted directly to the outside by an exhaust fan of sufficient size and capacity for the smoking area and no air from the smoking area shall be recirculated through or infiltrate other parts of the building; and
      3. The smoking area shall be for the use of employees only.

        The exemption provided for in this paragraph shall not apply to restaurants and bars;

    12. Common work areas, conference and meeting rooms, and private offices in private places of employment, other than medical facilities, that are open to the general public by appointment only; except that smoking shall be prohibited in any public reception area of such place of employment; and
    13. Private clubs, military officer clubs, and noncommissioned officer clubs.
  2. In order to qualify for exempt status under subsection (a) of this Code section, any area described in subsection (a) of this Code section, except for areas described in paragraph (1) of subsection (a) of this Code section, shall post conspicuously at every entrance a sign indicating that smoking is permitted.

(Code 1981, §31-12A-6, enacted by Ga. L. 2005, p. 1184, § 2/SB 90; Ga. L. 2006, p. 72, § 31/SB 465.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2005, "chapter" was substituted for "article" at the end of paragraph (a)(3); "and" was deleted at the end of paragraph (a)(11); "; and" was substituted for a period at the end of paragraph (a)(12); and a comma was inserted following "military officer clubs" in paragraph (a)(13).


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