§ 2904 — Smoking restrictions inapplicable

This chapter shall not apply to any of the following:

(1) Private homes, private residences, or private vehicles, except when any of the following apply:

a. The home, residence, or vehicle is being used for child care or day care.

b. The private vehicle is being used for the public transportation of children or as part of health-care or day care transportation.

c. A passenger under 16 years of age is in the vehicle.

(2) Any indoor area where private social functions are being held when seating arrangements are under the control of the sponsor of the function and not the owner, operator, manager, or person in charge of the indoor area.

(3) Limousines under private hire, unless a passenger under 16 years of age is in the limousine.

(4) A hotel or motel room rented to 1 or more guests; provided that the total percentage of such hotel or motel rooms does not exceed 25%.

(5) Any fundraising activity or function sponsored by a volunteer fire company, auxiliary of a fire company, or a volunteer ambulance or volunteer rescue company, if the fundraising activity or function takes place upon property owned or leased by the volunteer fire, rescue, or ambulance company.

(6) Any fundraising activity or function sponsored by a fraternal benefit society as defined under § 6201 of Title 18, if the fundraising activity or function takes place upon property owned or leased by the fraternal benefit society.

Legislative History

69 Del. Laws, c. 287, § 1 ; 73 Del. Laws, c. 275, § 8 ; 84 Del. Laws, c. 214, § 2