§ 23-20.10-6 Where smoking not regulated. (a) Notwithstanding any other provision of this chapter to the contrary, thefollowing areas shall be exempt from the provisions of this chapter:
(1) Private residences, except when used as a licensed childcare, adult day care or health care facility;
(2) Hotel and motel rooms that are rented to guests and aredesignated as smoking rooms; provided, however, that not more than fiftypercent (50%) of rooms rented to guests in a hotel or motel may be sodesignated;
(3) Retail tobacco stores; provided that smoke from theseplaces does not infiltrate into areas where smoking is prohibited under theprovisions of this chapter;
(4) Private and semi-private rooms or designated areas inassisted living residences and nursing facilities as allowed by regulation ofthe department of health under chapters 17.4 and 17 of this title;
(5) Outdoor areas of places of employment, except thosecovered by the provisions of § 23-20.10-5;
(6) Any smoking bar as defined in § 23-20.10-2(15);
(7) [Deleted by P.L. 2005, ch. 22, § 1 and P.L.2005, ch. 23, § 1].
(8) [Deleted by P.L. 2005, ch. 22, § 1 and P.L.2005, ch. 23, § 1].
(b) The provisions of this chapter shall not apply to anystage performance provided that smoking is part of a theatrical production.