(a) The Commissioner shall adopt regulations that govern procedure for
boards of arbitration under Title 4, Subtitle 1 of this article.
(b) Except as provided in subsection (c) of this section, and in addition
to authority to adopt regulations that is set forth elsewhere, the
Commissioner may adopt regulations that are necessary to carry out:
(1) Title 3, Subtitle 3 of this article;
(2) Title 3, Subtitle 5 of this article;
(3) Title 4, Subtitle 2, Parts I through III of this article;
(4) Title 5 of this article;
(5) Title 6 of this article; and
(6) Title 7 of this article.
(c) (1) (i) Notwithstanding any regulations adopted by the Commissioner under this
section, the smoking of tobacco products is permitted in any of the
following locations unless restricted as authorized under paragraph (3)
of this subsection:
1. any portion of a private residence which is not open to the public for
business purposes;
2. any establishment that:
A. is not a restaurant or hotel as defined in Article 2B, § 1-102 of the
Code;
B. possesses an alcoholic beverages license issued under Article 2B of the
Code that allows consumption of alcoholic beverages on the premises of
the establishment; and
C. is generally recognized as a bar or tavern;
3. a bar in a hotel or motel;
4. a club as defined in Article 2B, § 1-102 of the Code that possesses
an alcoholic beverages license issued under Article 2B of the Code and
that allows consumption of alcoholic beverages on the premises of the
club;
5. in the case of a restaurant as defined in Article 2B, § 1-102 of the
Code:
A. if the restaurant does not possess an alcoholic beverages license
issued under Article 2B of the Code, a separate enclosed room not to
exceed 40% of the total area of the restaurant; or
B. if the restaurant possesses an alcoholic beverages license issued under
Article 2B of the Code, a bar or bar area, a separate enclosed room not
exceeding 40% of the restaurant, or a combination of a bar or bar area
and a separate enclosed room not exceeding 40% of the total area of
the restaurant including the bar or bar area;
6. up to 40% of the sleeping rooms in a hotel or motel;
7. a separate enclosed room of an establishment other than an
establishment specified in items 1 through 6 of this subparagraph that
possesses an alcoholic beverages license issued under Article 2B of the
Code that allows consumption of alcoholic beverages on the premises of
the establishment; or
8. up to 40% of the premises of a fraternal, religious, patriotic, or
charitable organization or corporation or fire company or rescue squad
that is subject to the authority of the Secretary during an event that
the organization or corporation holds on its own property and which is
open to the public.
(ii) A separate enclosed room in which smoking is permitted under
subparagraph (i) of this paragraph is not required to have a specially
modified ventilation system for the room.
(2) For the purposes of paragraph (1)(i)5B of this subsection, "bar or
bar area" means an area within a restaurant that is devoted to the
serving of alcoholic beverages for consumption by guests on the
premises and in which the serving of food is incidental to the
consumption of the alcoholic beverages, and the immediately adjacent
seating area.
(3) Notwithstanding the provisions of this subsection, a proprietor of an
establishment described in paragraph (1) of this subsection may
restrict or prohibit smoking on the premises of the establishment.
(d) (1) After a public hearing, the Commissioner may adopt regulations that are
necessary to carry out Title 3, Subtitle 4 of this article.
(2) Unless the Commissioner provides otherwise, a regulation that the
Commissioner adopts under this subsection takes effect on publication.
(e) The Commissioner may adopt regulations that set forth the conditions
under which an employer may require an employee to construct, erect,
install, maintain, or repair a line that conducts electricity and that
has a nominal voltage exceeding:
(1) 24,940 volts between a pair of conductors; or
(2) 14,400 volts between a conductor and a ground.
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