142D.1 Title — findings — purpose. 1. This chapter shall be known and may be cited as the “Smokefree Air Act”. 2. The general assembly finds that environmental tobacco smoke causes and exacerbates disease in nonsmoking adults and children. These findings are sufficient to warrant measures that regulate smoking in public places, places of employment, […]
142D.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Bar” means an establishment where one may purchase alcoholic beverages, as defined in section 123.3, for consumption on the premises and in which the serving of food is only incidental to the consumption of those beverages. 2. “Business” means a sole proprietorship, […]
142D.3 Prohibition of smoking — public places, places of employment, and outdoor areas. 1. Smoking is prohibited and a person shall not smoke in any of the following: a. Public places. b. All enclosed areas within places of employment including but not limited to work areas, private offices, conference and meeting rooms, classrooms, auditoriums, employee […]
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 […]
142D.5 Declaration of area as nonsmoking. 1. Notwithstanding any provision of this chapter to the contrary, an owner, operator, manager, or other person having custody or control of an area otherwise exempt from the prohibitions of section 142D.3 may declare the entire area as a nonsmoking place. 2. Smoking shall be prohibited in any location […]
142D.6 Notice of nonsmoking requirements — posting of signs. 1. Notice of the provisions of this chapter shall be provided to all applicants for a business license in this state, to all law enforcement agencies, and to any business required to be registered with the office of the secretary of state. 2. All employers subject […]
142D.7 Nonretaliation — nonwaiver of rights. 1. A person or employer shall not discharge, refuse to employ, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded under this chapter, registers a complaint, or attempts to prosecute a violation of this chapter. […]
142D.8 Enforcement. 1. This chapter shall be enforced by the department of public health or the department’s designee. The department of public health shall adopt rules to administer this chapter, including rules regarding enforcement. The department of public health shall provide information regarding the provisions of this chapter and related compliance issues to employers, owners, […]
142D.9 Civil penalties. 1. A person who smokes in an area where smoking is prohibited pursuant to this chapter shall pay a civil penalty pursuant to section 805.8C, subsection 3, paragraph “a”, for each violation. 2. A person who owns, operates, manages, or otherwise has custody or control of a public place, place of employment, […]
