9.14.010 - Intent.

The prohibitions of Labor Code § 6404.5(b) shall be liberally construed in order to protect the health and safety of employees. Any proposed or existing smoking area should take all reasonable precautions to maximize openings and ventilation within the space. The lack of a definition of an "enclosed space" may present difficult issues for a local law enforcement agency that is responsible for the enforcement of Labor Code § 6404.5. Such determinations may be impacted by current law and authorities, building codes, architectural and other technological advancements. The determination of whether a space is an "enclosed space," therefore, may not always be easily made by the local law enforcement agency. The director of public works and development services ("director") addresses building code issues on a daily basis and is technically capable of making such determinations. It is not, however, within the director's purview to determine what constitutes a "place of employment" under Labor Code § 6404.5. Labor Code § 6404.5(j) requires the city council to designate the local law enforcement agency that shall enforce the prohibitions of § 6404.5. The city council desires to designate the local law enforcement agency and provide a process by which the technical determinations required by § 6404.5 can be determined in connection with enforcement authority.

(Ord. No. 663, § 1, 10-7-2014)