410 ILCS 82/35

  Sec. 35. Exemptions. Notwithstanding any other provision of this Act,
smoking is allowed in the following areas:

  (1) Private residences or dwelling places, except when used as a child
care, adult day care, or healthcare facility or any other home-based
business open to the public.

  (2) Retail tobacco stores as defined in Section 10
of this Act in operation prior to the effective date of this amendatory
Act of the 95th General Assembly. The retail tobacco store shall annually
file with the Department by January 31st an affidavit stating the
percentage of its gross income during the prior calendar year that was
derived from the sale of loose tobacco, plants, or herbs and cigars,
cigarettes, pipes, or other smoking devices for smoking tobacco and related
smoking accessories. Any retail tobacco store that begins operation after
the effective date of this amendatory Act may only qualify for an exemption
if located in a freestanding structure occupied solely by the business and
smoke from the business does not migrate into an enclosed area where
smoking is prohibited.

  (3) Private and semi-private 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 or to remain in a room
where smoking is permitted and the smoke shall not infiltrate other areas
of the nursing home.

  (4) Hotel and motel sleeping rooms that are rented to guests and are
designated as smoking rooms, provided that all smoking rooms on the same
floor must be contiguous and smoke from these rooms must not infiltrate
into nonsmoking rooms or other areas where smoking is prohibited. Not more
than 25% of the rooms rented to guests in a hotel or motel may be
designated as rooms where smoking is allowed. The status of rooms as
smoking or nonsmoking may not be changed, except to permanently add
additional nonsmoking rooms.

  (5) Enclosed laboratories that are excluded from the definition of "place
of employment" in Section 10 of this Act. Rulemaking authority to implement
this amendatory Act of the 95th General Assembly, if any, is conditioned on
the rules being adopted in accordance with all provisions of the Illinois
Administrative Procedure Act and all rules and procedures of the Joint
Committee on Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.

  (6) Common smoking rooms in long-term care facilities operated under the
authority of the Illinois Department of Veterans' Affairs that are
accessible only to residents who are smokers and have requested in writing
to have access to the common smoking room where smoking is permitted and
the smoke shall not infiltrate other areas of the long-term care facility.
Rulemaking authority to implement this amendatory Act of the 95th General
Assembly, if any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure Act and all
rules and procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is unauthorized.

(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)