                                 CODE OF VIRGINIA

ORDINANCES REGULATING SMOKING GENERALLY (§ 15.2-2828)

A. No ordinances enacted by a locality prior to January 1, 1990, shall be deemed
invalid or unenforceable because of lack of consistency with the provisions of
this chapter.

B. Except as provided in &#xA7; 15.2-2829, no ordinances adopted after January
1, 1990, shall contain provisions or standards that exceed those established in
this chapter.

C. However, any ordinance may provide that employers may regulate smoking in the
private work place as they deem appropriate under the following circumstances:
(i) if the designation of smoking and no-smoking areas is the subject of a
written agreement between the employer and his employees, the provisions of the
written agreement shall control such designation and (ii) a total ban on smoking
in any work place shall only be enforced by the employer upon an affirmative
vote of a majority of the affected employees voting, unless such ban is the
subject of a contract of employment between the employer and the employees as a
prior condition of employment. No ordinance adopted pursuant to this subsection
shall affect no-smoking policies established by employers prior to the adoption
of such ordinance.

HISTORY: 2009, cc. 153, 154.