Where smoking not regulated.

Houston Code of Ordinances § 21-242

in effect

Sec. 21-242. - Where smoking not regulated. Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from the provisions of sections 21-237 and 21-238 of this Code: (1) Private residences, except when used as a childcare, adult day care, or health care facility. (2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 35 percent of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor must be contiguous, and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this article. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms. (3) Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article. (4) Retail tobacco stores, provided that no on-premise consumption of alcoholic beverages is permitted and smoke from these establishments does not infiltrate into areas where smoking is prohibited under the provisions of this article. (5) Tobacco bars in operation on or before September 1, 2006; provided that the establishment operates an air ventilation and purification system using best available technology, offers comprehensive health insurance to its employees, including a substantial employer contribution, and obtains a permit from the department. The director is authorized to issue a permit for such establishments that are consistent with rules and regulations developed by the director regarding air ventilation and purification systems and comprehensive health insurance for the purpose of mitigating the effects of secondhand smoke on employees. The director is authorized to require a permit fee, not to exceed the maximum fee stated for this provision in the city fee schedule, that reflects the actual cost of processing and issuing said permit. (6) Designated enclosed meeting areas in convention centers, hotels, motels, and other meeting facilities, only during times the meeting areas are in actual use for private functions; provided that the owners of such facilities must designate in writing to the department the meeting areas in which smoking will be permitted. The designated meeting areas must be separately enclosed from the rest of the facility, and smoke from these areas must not infiltrate into areas where smoking is prohibited under the provisions of this article. (7) Reserved. (8) Stage areas of enclosed theaters, if smoking is an integral part of a theatrical performance. (Ord. No. 02-800, § 1, 8-28-02; Ord. No. 06-1054, § 2, 10-18-06; Ord. No. 2011-1168, § 13, 12-14-2011)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH21HE_ARTIXSM_S21-242WHSMNOREFetched: 10/26/2026