• Current through October 23, 2012

Smoking shall be prohibited in the following:

(1) Any elevator, except in a single-family dwelling;

(2) Any public selling area of a retail store, except in a tobacco shop or store primarily concerned with selling tobacco and smoking equipment;

(3) Any public assembly or hearing room which is owned or leased by any branch, agency, or instrumentality of the District of Columbia government; this subsection shall not apply to the District of Columbia National Guard Armory or to the Robert F. Kennedy Memorial Stadium;

(4) Any educational facility except as provided in § 7-1702(1);

(5) While transporting passengers within the corporate limits of the District of Columbia, any passenger vehicle owned or operated by the District of Columbia government, or any passenger vehicle for hire regulated under § 47- 2829, except that smoking with the prior consent of all occupants of the vehicle shall be permitted when the vehicle is a limousine;

(6) Any area of a health care facility frequented by the general public, including hallways, waiting rooms and lobbies. The operator of a health care facility may designate separate areas as smoking areas.

(A) When a health care facility permits patients to smoke in bed space areas, such facility shall make a reasonable effort to determine a patient's individual nonsmoking or smoking preference and assign patients who are to be placed in bed space areas utilized by 2 or more patients to a bed space area with patients who have a similar smoking preference.

(B) Hospital staff, visitors and the general public shall not smoke in bed space areas utilized by nonsmoking patients. "No Smoking" signs shall be conspicuously posted in such bed space areas.

(7) Any restaurant except as permitted in § 7-1703.01.

(8) Any public or private workplace, except as provided in § 7-1703.02.

(Sept. 28, 1979, D.C. Law 3-22, § 4, 26 DCR 390; Mar. 29, 1988, D.C. Law 7-100, § 2(c), 35 DCR 1182; May 2, 1991, D.C. Law 8-262, § 2(a), 37 DCR 8434.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-913.

1973 Ed., § 6-823.

Legislative History of Laws

For legislative history of D.C. Law 3-22, see Historical and Statutory Notes following § 7-1701.

For legislative history of D.C. Law 7-100, see Historical and Statutory Notes following § 7-1703.01.

For legislative history of D.C. Law 8-262, see Historical and Statutory Notes following § 7-1703.02.

Miscellaneous Notes

For complete smoking ban in all places of employment and public places, see § 7-742.

Delegation of Authority

Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor's Order 90-192, December 13, 1990.