3701-52-06. Posting of signs; designation as nonsmoking place

(A) In accordance with section 3794.06 of the Revised Code, "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be conspicuously posted, by either affixing to real property or posting by other means, in every public place and place of employment where smoking is prohibited by Chapter 3794. of the Revised Code and this chapter, including at each entrance to the public place or place of employment. All signs required by section 3794.06 of the Revised Code and this rule shall contain the telephone number 1-866-559-OHIO (6446) for reporting violations and may also contain a designee's telephone number for reporting violations.

(1) Signs shall be of sufficient size to be clearly legible to a person of normal vision throughout the areas they are intended to mark.

(2) Signs posted in public places and places of employment shall be posted at a height and location easily seen by a person entering the public place or place of employment.

(3) Signs posted in vehicles shall be firmly affixed to the vehicle dashboard, or firmly affixed to each passenger door window, or firmly affixed to other areas visible to all passengers.

(B) Unless otherwise specified in this chapter, signs shall be posted at all pedestrian points of transition from areas where smoking is not regulated by Chapter 3794. of the Revised Code or this chapter to all areas that are regulated. Nothing in this rule shall prohibit public places and places of employment from posting signs in addition to those required to comply with Chapter 3794. of the Revised Code and this rule.

(C) The owner, manager, operator, or other person in charge or control of an establishment, facility, or outdoor area which does not otherwise qualify as a public place or place of employment regulated by Chapter 3794. of the Revised Code, may voluntarily declare such establishment, facility, or outdoor area as a nonsmoking place by conspicuously posting "No Smoking" signs that conform with the requirements of section 3794.06 of the Revised Code and this rule. Smoking shall be prohibited in any place declared nonsmoking under section 3794.05 of the Revised Code and this rule where a sign conforming to the requirements of division (A) of section 3794.06 of the Revised Code and this rule is posted.

Five Year Review (FYR) Dates: 4/10/2018 and 04/10/2023
Promulgated Under: 119.03
Statutory Authority: 3794.07
Rule Amplifies: 3794.05, 3794.06
Prior Effective Dates: 05/03/2007

Prior History: (R.C. 119.032 review dates: 05/09/2013 and 05/01/2018
Promulgated Under: 119.03
Statutory Authority: 3794.07
Rule Amplifies: 3794.05, 3794.06
Prior Effective Dates: 5/03/2007)