§ 00083-3. Exemptions.

The restrictions of Section 00083-1(a) through (i) shall not apply to:

(a)

Areas which are specifically designated as smoking areas in accordance with Section 00083-5 of this regulation;

(b)

An entire room or hall which is used for private social functions provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place;

(c)

Limousines for hire and taxicabs, where the driver and all passengers affirmatively consent to smoking in such vehicle;

(d)

A private, enclosed office occupied exclusively by smokers, even though such office may be visited by nonsmokers, provided that this exception shall not be construed to permit smoking in the reception areas of lobbies or offices;

(e)

Factories, warehouses, and similar places of work not usually frequented by the general public, except that the health commissioner shall establish rules to restrict or prohibit smoking in those places of work where proximity of workers or where inadequate ventilation may cause smoke pollution detrimental to the health, comfort, or convenience of nonsmoking employees;

(f)

Performers upon the stage, provided that the smoking is part of a theatrical production;

(g)

Designated areas of theatre lobbies;

(h)

Shopping malls;

(i)

Application of variance. The health commissioner may grant a hearing to an operator and may authorize, in specific cases, such variance from the requirements of this regulation as will not be contrary to the public interest, where the operator shows that because of practical difficulties or other special conditions, their strict application will cause unusual and unnecessary hardship. However, no variance shall be granted that will defeat the spirit and general interest of this regulation or which otherwise would not be in the public interest.