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 consider 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 in an area where smoking is prohibited; 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.