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Smokefree Air Act Administrative Rule Changes

At the October meeting of the Legislature’s Administrative Rules Review Committee, the Iowa Department of Public Health (IDPH) announced that it was proposing certain changes in the administrative rules regarding the Iowa Smokefree Air Act.

These changes have not gone into effect yet.

Click here for the full text of the proposed changes:

Here is a brief summary of the highlights of the proposed changes:

“Entrance”
Clarifies that an “entrance” that must have “no smoking” signs posted does not include a doorway designated for use as an emergency exit only.

 “Grounds of Any Public Building”
Clarifies that this term includes a sidewalk immediately adjacent to a county building, but does not include a sidewalk in the public right-of-way or a driveway immediately adjacent to the building.

Public Building
Adds a definition of a public building: “Public building” means an enclosed area owned, leased, or operated by or under the control of the state government or its political subdivisions.”

Duties Regarding County-Owned Cars
The proposal is to reduce the size requirement for “no smoking” signs in county vehicles from 24 sq. inches to 9 sq. inches (3”x 3” for example).

Contents of Complaint
The proposal is to eliminate the requirement that the person making a complaint shall include their name and contact information as part of the complaint.  This would allow anonymous complaints to be investigated.  This raised much public concern at the Rules Review Committee meeting.  The IDPH said that this is consistent with the approach taken by other state agencies.

Notice of Violation
The proposal is to change the terminology regarding the notices sent out by IDPH from “written notice of violation” to read “written notice of potential violation.”

 
     

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