State Codes and Statutes
Statutes >
Iowa >
Title-4 >
Subtitle-2 >
Chapter-142d >
142d-4
142D.4 AREAS WHERE SMOKING NOT REGULATED.
Notwithstanding any provision of this chapter to the contrary, the
following areas are exempt from the prohibitions of section 142D.3:
1. Private residences, unless used as a child care facility,
child care home, or a health care provider location.
2. Hotel and motel rooms that are rented to guests and are
designated as smoking rooms; provided that not more than twenty
percent of the rooms of a hotel or motel rented to guests are
designated as smoking rooms, all smoking rooms on the same floor are
contiguous, and smoke from smoking rooms does not infiltrate into
areas in which smoking is otherwise prohibited under this chapter.
The status of smoking and nonsmoking rooms shall not be changed,
except to provide additional nonsmoking rooms.
3. Retail tobacco stores, provided that smoke from these
locations does not infiltrate into areas in which smoking is
otherwise prohibited under this chapter.
4. Private and semiprivate rooms in long-term care facilities,
occupied by one or more individuals, all of whom are smokers and have
requested in writing to be placed in a room where smoking is
permitted, provided that smoke from these locations does not
infiltrate into areas in which smoking is otherwise prohibited under
this chapter.
5. Private clubs that have no employees, except when being used
for a function to which the general public is invited, provided that
smoke from these locations does not infiltrate into areas in which
smoking is otherwise prohibited under this chapter. This exemption
shall not apply to any entity that is established for the purpose of
avoiding compliance with this chapter.
6. Outdoor areas that are places of employment except those areas
where smoking is prohibited pursuant to section 142D.3, subsection 2.
7. Limousines under private hire; vehicles owned, leased, or
provided by a private employer that are for the sole use of the
driver and are not used by more than one person in the course of
employment either as a driver or passenger; privately owned vehicles
not otherwise defined as a place of employment or public place; and
cabs of motor trucks or truck tractors if no nonsmoking employees are
present.
8. An enclosed area within a place of employment or public place
that provides a smoking cessation program or a medical or scientific
research or therapy program, if smoking is an integral part of the
program.
9. Farm tractors, farm trucks, and implements of husbandry when
being used for their intended purposes.
10. Only the gaming floor of a premises licensed pursuant to
chapter 99F exclusive of any bar or restaurant located within the
gaming floor which is an enclosed area and subject to the
prohibitions of section 142D.3.
11. The Iowa veterans home. Section History: Recent Form
2008 Acts, ch 1084, §4
