R392-510-11. Private Dwellings Which Are Places of Employment

  (1) A private dwelling is subject to these rules while an individual who does not reside in the dwelling is engaged to perform services in the dwelling on a regular basis is present. This includes situations where an individual performs services such as, but not limited to:

  (a) domestic services;

  (b) secretarial services for a home-based business; or

  (c) bookkeeping services for a home-based business.

  (2) In a private dwelling in which a business or service is operated and into which the public enters for purposes related to the business or service smoking is prohibited in the business or service area during hours when the dwelling is open to the public.

  (3) A private dwelling in which an individual is employed on a nonregular basis only is not subject to these rules. This includes situations where individuals perform services such as:

  (a) baby-sitting services;

  (b) trade services for the owner of the dwelling or individuals residing in the dwelling such as those services performed by plumbers, electricians and remodelers;

  (c) emergency medical services;

  (d) home health services; and

  (e) part-time housekeeping services.