§ 7-1703 — Smoking restrictions.

District of Columbia § 7-1703

• Jurisdiction: District of Columbia
• Title 7: Human Health Care and Safety.
• Ch. 17: Restrictions on Tobacco Smoking.
• Subch. I: General.

Text

(a) 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 ;

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

(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 ;

(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 .

(9) In a playground or public recreational facility or while sitting or standing within 25 feet of the property line of a playground or public recreational facility when another person is present; provided, that the following shall be exempt from this prohibition:

(A) Smoking or using tobacco on residential property that is located within 25 feet of a playground or public recreational facility; and

(B) Smoking or using tobacco in places enumerated in section 2015.1 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2105.1) that are located within 25 feet of a playground or public recreational facility.

(10) In a bus stop or while sitting or standing within 25 feet of a posted bus stop sign located at any bus stop controlled or maintained by the District when another person is present; provided, that the following shall be exempt from this prohibition:

(A) Smoking or using tobacco on residential property that is located within 25 feet of a bus stop sign posted at a bus stop controlled or maintained by the District; and

(B) Smoking or using tobacco in places enumerated in section 2015.1 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2105.1) that are located within 25 feet of a bus stop sign posted at a bus stop controlled or maintained by the District.

(b) The use of tobacco products shall be prohibited at event sites for organized sporting events at all times, regardless of their present use.

Legislative History

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; Apr. 23, 2013, D.C. Law 19-270, § 4, 60 DCR 1717; Dec. 13, 2013, D.C. Law 20-48, § 2(b), 60 DCR 15145