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Model
Day care premises. Smoking is prohibited in a childcare, adult day care, or home health care facility.*
*These premises, which are often licensed at the state or local level, should be defined with reference to the law in your state or local jurisdiction. |
Examples
Minnesota Clean Indoor Air Act, effective October 2007.
144.414 PROHIBITIONS.
Subd. 2. Day care premises. Smoking is prohibited in a day care center licensed under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a group family day care provider home licensed under Minnesota Rules, parts 9502.0300 to 9502.0445, during its hours of operation. The proprietor of a family home or group family day care provider must disclose to parents or guardians of children cared for on the premises if the proprietor permits smoking outside of its hours of operation. Disclosure must include posting on the premises a conspicuous written notice and orally informing parents or guardians.
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Delaware Smokefree Workplace Law, effective November 2002.
§ 2903. Smoking restrictions.
Except as is provided in § 2904 of this title, and in order to reduce the levels of exposure to environmental tobacco smoke, smoking shall not be permitted and no person shall smoke in any indoor enclosed area to which the general public is invited or in which the general public is permitted, including, but not limited to:
(8) Child day care facilities;
§ 2904. Smoking restrictions inapplicable.
This chapter shall not apply to:
(1) Private homes, private residences and private automobiles; provided, however, it shall only apply when such homes, residences or vehicles are being used for child care or day care or when the private vehicle is being used for the public transportation of children or as part of health care or day care transportation;
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Montana Clean Indoor Air Act, effective October 2005.
50-40-104. Smoking in enclosed public places prohibited -- notice to public -- places where prohibition inapplicable.
(1) Except as otherwise provided in this section, smoking in an enclosed public place is prohibited.
(5) The prohibition in subsection (1) does not apply to the following places, whether or not the public is allowed access to those places:
- (b) a private residence, unless it is used for any of the following purposes, in which case the prohibition in subsection (1) applies:
- (i) a family day-care home or group day-care home, as defined in 52-2-703 and licensed pursuant to Title 52, chapter 2, part 7
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