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HomeMy Public PortalAboutSmoking In Workplaces and Public Spaces 1 BREWSTER BOARD OF HEALTH REGULATION PROHIBITING SMOKING IN WORKPLACES AND PUBLIC PLACES A. STATEMENT OF PURPOSE: The purpose of this regulation is to protect the health of the employees and general public in the Town of Brewster from the health related harm caused by the smoke from tobacco products. B. AUTHORITY: This regulation is promulgated under the authority granted to the Brewster Board of Health pursuant to Massachusetts General Laws Chapter 111, Section 31 that states “boards of health may make reasonable health regulations”. It is also promulgated pursuant to Massachusetts General Laws Chapter 270, Section 22 (j), which states in part that “ nothing in this section shall permit smoking in an area in which smoking is or may hereafter be prohibited by law, including, without limitation: any other law or health regulation. Nothing in this section shall preempt further limitation of smoking by the commonwealth or political subdivision of the commonwealth”. C. DEFINITIONS As used in this regulation, the following words shall have the following meanings, unless the context requires otherwise: Compensation: Money, gratuity, privilege, or benefit received from an employer in return for work performed or services rendered. E-Cigarette: Any electronic device, not approved by the United States Food and Drug Administration, composed of a mouthpiece, heating element, battery and/or electronic circuits that provides a vapor of liquid nicotine to the user, or relies on vaporization of any liquid, or solid nicotine. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name. Employee: An individual or person who performs a service for compensation for an employer at the employer’s workplace, including a contract employee, temporary employee and independent contractor who performs a service in the employer’s workplace for more than a de minimus amount of time. Employer: An individual, person, partnership, association, corporation, trust, organization, school, college, university or other educational institution or other legal entity, whether public, quasi-public, private, or non-profit which uses the services of one (1) or more employees at one (1) or more workplaces, at any one (1) time, including the Town of Brewster. Enclosed: A space bounded by walls, with or without windows or fenestrations, continuous from floor to ceiling and enclosed by one (1) or more doors, including but not limited to an office, function room or hallway. 2 Outdoor seating: Any outside area of an establishment that is under the control of the management of said establishment where food, and/or alcoholic and/or nonalcoholic beverages are served to consumers. Public Bathing Beach: Any Town owned bathing beach open to the general public, whether or not any entry fee is charged, that permits access to bathing water. Outdoor space: An outdoor area, open to the air at all times and cannot be enclosed by a wall or side Covering. Smoking (or smoke): The lighting of a cigar, cigarette, pipe or other tobacco product or possessing a a lighted cigar, cigarette, pipe or other tobacco or non-tobacco product designed to be combusted and inhaled. Workplace: An indoor area, structure or facility or a portion thereof, at which one (1) or more employees perform a service for compensation for an employer, other enclosed spaces rented to or otherwise used by the public; and where the employer has the right or authority to exercise control over the space. Terms not defined herein shall be defined as set forth in M.G.L. Ch. 270, Section 22 and/or 105 CMR 661. To the extent any of the definitions herein conflict with M.G.L. Ch. 270, Section 22 and 105 CMR 661, the definition contained in this regulation shall control. D. SMOKING PROHIBITED 1. It shall be the responsibility of the employer to provide a smoke free environment for all employees working in an enclosed workplace. 2. Smoking is hereby prohibited in Brewster in accordance with M.G.L. Ch. 270, Section 22 (commonly known as the “Smoke-Free Workplace Law”). 3. Smoking is hereby prohibited in outdoor seating areas as defined herein. 4. The use of e-cigarettes is prohibited wherever smoking is prohibited per M.G.L. Ch. 270, Section 22 and Section D of this regulation. 5. Smoking is hereby prohibited at all public bathing beaches. 6. Smoking is hereby prohibited at all Town owned parks, playgrounds, playing fields and walking trails. Outdoor play areas at Town owned golf courses are exempt from this prohibition. E. ENFORCEMENT 1. An owner, manager, or other person in control of a building, vehicle or vessel who violates this section, in a manner other than smoking in a place where smoking is prohibited, shall be punished by a fine of: a. $100 for the first violation b. $200 for a second violation occurring within two (2) years of the date of the first offense; and c. $300 for a third or subsequent violation occurring within two (2) years of the second violation. 2. Each calendar day on which a violation occurs shall be considered a separate offense. 3 3. This regulation shall be enforced by the Board of Health and its designees. 4. Violations of Section D (1) and (2) shall be disposed of by a civil penalty using the non-criminal method of Disposition procedures contained in Section 21D of Chapter 40 of Massachusetts General Law without an enabling ordinance or by-law. The disposition of fines assessed shall be subject to Section 188 of Chapter 111. 5. Violations of Section D (3) and (4) may be disposed of by a civil penalty using the non-criminal method of disposition procedures contained in Section 21D of Chapter 40 of Massachusetts General Law. 6. If an owner, manager or other person in control of a building, vehicle or vessel violates this regulation repeatedly, demonstrating egregious noncompliance as defined by regulation of the Department of Public Health, the Board of Health may revoke or suspend the license to operate and shall send notice of the revocation or suspension to the Department of Public Health. 7. Any person may register a complaint to initiate an investigation and enforcement with the Board of Health, the local inspection department or the equivalent. F. SEVERABILITY If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not effect the legality of any remaining paragraphs or provisions. G. CONFLICT WITH OTHER LAWS OR REGULATIONS Notwithstanding the provisions of Section 4 of this regulation, nothing in this regulation shall be deemed to amend or repeal applicable fire, health or other regulation so as to permit smoking in areas where it is prohibited by such fire health or other regulations. H. EFFECTIVE DATE This regulation shall be effective as of September 28 , 2012 Adopted: September 18, 2012 Amended: May 3, 2016 Effective: May 27, 2016 Adopted: March 6, 2019 Effective: March 22, 2019 4 Carmen Scherzo, Chairman Annette Graczewski, Vice Chairman Joe Ford Penny Hausser Holeman Nancy Leach Town Clerk