# COMAR Title 09 — Maryland Department of Labor

## Subtitle 12 — Division of Labor and Industry

### Chapter 23 — Prohibition on Smoking in an Indoor Place of Employment

#### Regulation .02 Exclusions.

*COMAR 09.12.23.02*

This chapter does not apply to:

A. Private homes;

B. Residences, including residences used as a business or place of employment, unless being used by a person who is licensed or registered under Family Law Article, Title 5, Subtitle 5, Annotated Code of Maryland, to provide day care or child care;

C. Private vehicles, unless being used for the public transportation of children, or as part of health care or day care transportation;

D. A hotel or motel room rented to one or more guests as long as the total percent of hotel or motel rooms being so used does not exceed 25 percent;

E. A retail tobacco business that is a sole proprietorship, limited liability company, corporation, partnership, or other enterprise, in which:

  (1) The primary activity is the retail sale of tobacco products and accessories; and

  (2) The sale of other products is incidental;

F. Any facility of a manufacturer, importer, wholesaler, or distributor of tobacco products or of any tobacco leaf dealer or processor in which employees of the manufacturer, importer, wholesaler, distributor, or processor work or congregate; or

G. A research or educational laboratory for the purpose of conducting scientific research into the health effects of tobacco smoke.