§328J‑7  Exceptions. Notwithstanding any other provision of this chapter to the contrary, thefollowing areas shall be exempt from the provisions of sections 328J‑3,328J‑4, and 328J‑5:

(1)  Private residences, except when used as alicensed child care, adult day care, or health care facility;

(2)  Hotel and motel rooms that are rented to guestsand are designated as smoking rooms; provided that not more than twenty percent of rooms rented to guests in a hotel or motel may be so designated.  Allsmoking rooms on the same floor shall be contiguous and smoke from these roomsshall not infiltrate into areas where smoking is prohibited under thischapter.  The status of rooms as smoking or nonsmoking may not be changed,except to add additional nonsmoking rooms;

(3)  Retail tobacco stores; provided that smoke fromthese places shall not infiltrate into areas where smoking is prohibited underthis chapter;

(4)  Private and semiprivate rooms in nursing homesand long-term care facilities that are occupied by one or more persons, all ofwhom are smokers and have requested in writing to be placed in a room wheresmoking is permitted; provided that smoke from these places shall notinfiltrate into areas where smoking is prohibited under this chapter;

(5)  Outdoor areas of places of employment exceptthose covered by the provisions of sections 328J‑3 and 328J‑5;

(6)  All areas covered by this chapter when smoking ispart of a production being filmed; and

(7)  State correctional facilities; provided thatsmoking shall only be authorized for employees and volunteers of a correctionalfacility in an area outside the secure confines of a correctional facilityrestricted from access by inmates or detainees that has been designated by thewarden of a correctional facility. [L 2006, c 295, pt of §2; am L 2009, c 99,§1]