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Iowa's Smokefree
Air Act |
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Governor Culver signed the Smokefree Air Act into law on April 15. But there were many aspects of how this law was supposed to work that were not explained in the legislation. On June 27, the Iowa Board of Health adopted the administrative rules that fill in some of those gaps. Click here for Smokefree Air Act administrative rule changes. (Updated 10.23.08) Here are some answers to specific questions that have arisen. For more information, you should start by looking on the Iowa Department of Public Health(IDPH)’s website: www.iowasmokefreeair.gov It is an excellent resource and includes a “frequently asked question” feature that will answer many of your questions. If you still have questions after visiting the website, you can call the Smokefree Air Act Helpline 1-888-944-2247. In reviewing the new non-smoking law, it appears that every county has to do six things to comply with the law: 1)"communicate to all existing employees" the fact that smoking is not allowed anywhere inside the county offices or in county vehicles; 2)"communicate to all prospective employees upon application for employment" that smoking is not allowed anywhere in county offices or in county vehicles; 3)remove all ashtrays from county offices and from county vehicles. The county can provide cigarette receptacles outdoors on the perimeter of any space where smoking is not allowed if they choose;
4)post "no smoking"
signs at all entrances to county offices and in all county
vehicles. The signs must be at least 24 square inches in size and
contain: Click here to view a resolution passed on June 30, 2008 adopting a smokefree air policy for Cerro Gordo county. This is an example of how one county is implementing the new law. Do county officials have to report violations found during inspections? Yes. If a public place is subject to any county inspection, the person performing the inspection “shall assess compliance with” the nonsmoking law “and shall report any violations” to the IDPH. So for instance if the county health department does restaurant inspections, then the health inspectors are going to be required to report violations of the nonsmoking law. Here is an Iowa Department of Public Health advisory for county officials who have to do these inspections, called "Inspecting for Smokefree Air Act Compliance." When does the law go into effect? July 1, 2008. It is House File 2212. Here is a link to the full text of the law. The new law creates Chapter 142D of the Iowa Code. It replaces Iowa Code chapter 142B, which is repealed by this law. Chapter 142B basically said that a person could not smoke in a public place or in a public meeting except in a designated smoking area. When are the administrative rules effective? The administrative rules were adopted by the State Board of Health on June 27, 2008. They became effective July 1, 2008. They were adopted and filed emergency. Click here for a copy of the rules. The administrative rules, found at 641 IAC chapter 153, will come before the Administrative Rules Review Committee for approval, probably in October 2008. What does the Smokefree Air Act do? The major effect is that it outlines areas where smoking is prohibited. This includes public buildings “owned, leased or operated by or under the control of” any county. So smoking is prohibited in any county office space. It also includes polling places. The new law also prohibits smoking in any "vehicle" owned, leased or operated by the county. Although the word "vehicle" is not defined in the law, presumably it applies beyond just cars, but also extends to motor graders, loaders, backhoes, mowers, pickup trucks and other county equipment. Outside of county government, the smoking ban generally applies to any “public place,” defined as an enclosed area to which the public is invited or in which the public is permitted. So it applies to bars, restaurants, schools, retail stores, concert halls and child care facilities, among other locations. Where is smoking allowed? Smoking is allowed in outdoor areas of bars, farm tractors, gaming areas of casinos, designated smoking rooms in hotels, and private homes, among other locations. What about places like campgrounds and golf courses? The new law says that smoking is prohibited on “the grounds of any public building” owned, operated, leased or controlled by the county. The administrative rules clarify that this term refers to “an outdoor area of a public building that is used in connection with the building.” Examples given in the administrative rules of “grounds” where smoking is prohibited include sidewalks, patios, decks, and courtyards. Smoking can also be prohibited at “any other outdoor area” that is “designated by the person having custody or control of the public building.” So smoking is prohibited on “the grounds of a public building,” and then the county can expand the smoking prohibition even further, to include “any other outdoor area.” In fact, the administrative rules say that the county can declare an “entire area or property a nonsmoking place.” So it appears that a county could declare all county property to be nonsmoking area. On the other hand, in one narrow instance a county can reduce the scope of the new law, if it so chooses. Although smoking is otherwise prohibited in the following areas, a county may choose to allow smoking at:
In each of these areas, smoking is prohibited unless the county declares that smoking is allowed. Is smoking allowed within non-public offices and rest rooms in county buildings? No. Smoking is prohibited in all enclosed areas within places of employment, including work areas, private offices, conference and meeting rooms, auditoriums, employee lounges, hallways, restrooms, elevators, stairways. Smoking is also prohibited in vehicles owned or leased by the county. What does a county have to do if someone is smoking on county property? According to the administrative rules, the county “shall inform” the smoker that he is violating the law and shall “request that the individual stop smoking immediately.” If that does not work, the county “should discontinue service to that individual.” The county “may request that the individual leave the area.” The county “may notify the state or local law enforcement agency with jurisdiction over the area.” Can those is charge of areas where smoking is allowed by law prohibit smoking? Yes. The person having custody or control of an area in which smoking is allowed under the new bill may declare the entire area as a non-smoking place by simply posting a no smoking sign. What are the penalty provisions in the new law? A person caught smoking in a banned area is subject to a $50 fine. Employers or caretakers of public places, such as counties, that fail enforce the law are subject to a civil penalty of $100 for a first offense, $200 for a second offense and $500 for additional violations within one year. How will the law be enforced? The IDPH has designated each law enforcement department in the stat to help with enforcement. A toll-free number will allow people to complain to the state about violators. What are the signage requirements in the new law? One problem with the law is that is does not state how many signs have to be provided. But the owner or operator of a nonsmoking area “shall clearly and conspicuously” post signs “in and at every entrance to” the nonsmoking areas. You will have to decide what posting a sign “at” an entrance means. Reasonable people can disagree about this, but it would not appear to require a sign immediately outside of a building. Posting a sign immediately inside the entrance should suffice, at least until this provision is clarified. But please note, signs have to be posted "at every entrance" to every nonsmoking area, inside and outside. So for any outside area where smoking is not allowed, such as a sidewalk adjacent to a courthouse, signs have to be posted at every entrance to that sidewalk. Can a person smoke on the sidewalk in front of the county courthouse? Maybe. The test is whether the sidewalk is immediately adjacent to, and used in connection with, the public building. If so, then the sidewalk constitutes “the grounds of a public building” and smoking is prohibited. But smoking would be allowed on any sidewalk that is not immediately adjacent to a public building. Smoking is not permitted in the "courtyard" of a county courthouse. According to the dictionary, "courtyard" means an area open to the sky with walls on four sides. So a courtyard would be "the grounds of a public building." But the "courtyard" is not the same as the courthouse grounds. Whether smoking is allowed on courthouse grounds depends whether they meet the test of "the grounds of a public building": "an outdoor area of a public building that is used in connection with the building, including but not limited to, a sidewalk immediately adjacent to the building; (or) a sitting or standing area immediately adjacent to the building…" What about signage in county vehicles? A “no smoking” sign or international “no smoking” symbol shall be placed in every county vehicle. According to the administrative rules the sign must 1)be “clear and conspicuous from the exterior of the vehicle;” 2)be at least 24 inches square and in legible font type; and 3)contain the words “no smoking” or the international “no smoking” symbol, the Smokefree Air Act Web site, www.IowaSmokefreeAir.gov, and the telephone number for reporting complaints: 1-888-944-2247. Can a person smoke on the steps of the county courthouse? No. According to the administrative rules, smoking on the grounds of a public building is prohibited. That term includes “a sitting or standing area immediately adjacent to the building.” So the courthouse steps would be considered part of the grounds. What is the rule on county parking lots? The administrative rules state that smoking is prohibited in county parking lots unless the board of supervisors affirmatively declares that smoking is allowed there. Can a county employee smoke in their own vehicle parked in a county parking lot? Yes. Private vehicles are generally not covered by the new law. Smoking in county vehicles is prohibited. So where is the most likely place that county employees who want to comply with the law will go to smoke while at work? There are three main options: 1)On a sidewalk that is not immediately adjacent to a public building; 2)Just beyond the area that constitutes the “grounds of a public building,” meaning the outdoors area of a county building that is used in connection with the building; or 3)In a private vehicle. Smoking is also allowed in a county parking lot if the parking lot is formally designated as excluded from the new smoking law by the board of supervisors. Does the smoking law apply to chewing tobacco? No. |
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