Section R9-2-110. Determination of Violation

In determining whether a violation of A.R.S. § 36-601.01 has occurred, the Department or the Department’s designee shall con- sider the following:

1.        The presence of an ashtray in an area where smoking is prohibited;

2.        The lack of a sign that is required under A.R.S. § 36- 601.01(E) or the presence of a sign that does not meet the requirements of R9-2-105;

3.        The presence of smoking;

4.        The presence of tobacco ashes, cigarette butts or filters, or cigar stubs in an area where smoking is prohibited;

5.        The presence of tobacco smoke that drifts into a place of employment or public place through entrances, windows, ventilation systems, or other means; and

6.        Except as provided in R9-2-108(D) and R9-2-108(E), the presence of tobacco smoke within a reasonable distance from entrances, open windows, or ventilation systems.

Historical Note

Adopted effective January 6, 1989 (Supp. 89-1).

Repealed effective September 30, 1993, under an exemp- tion from the provisions of the Administrative Procedure Act pursuant to Laws 1992, Ch. 301, § 61; received in the Office of the Secretary of State October 1, 1993 (Supp. 93-4). New Section made by exempt rulemaking at 13

A.A.R. 1512, effective May 1, 2007 (Supp. 07-2).