Section 16-3632. SMOKING INFRACTIONS

 

3632.1[RESERVED]

 

3632.2Violation of any of the following provisions shall be a Class 2 infraction:

 

(a)20 DCMR § 2101.5 (failure to prohibit smoking in enclosed area of a place of employment or public place);

 

(b)20 DCMR § 2101.7 (failure to ensure that outdoor smoking area does not encompass area where smoking is prohibited);

 

(c)20 DCMR § 2106.5 (having a smoking area that exceeds twenty-five percent (25%) of the total area of a place of employment or public place that is a restaurant);

 

(d)20 DCMR § 2106.5(a), (b), (c), and (d) (failure to comply with additional conditions or restrictions necessary to minimize the adverse effects of smoking where an economic hardship waiver has been granted); and

 

(e)20 DCMR § 2108.1(d) (failure to warn a person observed to be smoking in a “no-smoking” area).

 

3632.3Violation of any of the following provisions shall be a Class 3 infraction:

 

(a)20 DCMR § 2101.1 (failure of a place of employment or public place to adopt a smoking policy consistent with the District of Columbia Smoking Restriction Act of 1979 (D.C. Law 3-22; D.C. Official Code § 7-1701 et seq.) and the Department of Health Functions Clarification Amendment Act of 2001 (D.C. Law 16-90; D.C. Official Code § 7-741 et seq.));

 

(b)20 DCMR § 2101.2 (failure to notify employees, orally and in writing, of the smoking policy for a place of employment or public place);

 

(c)20 DCMR § 2101.4 (failure of an employer or public place to post the smoking policy near similar employee notices);

 

(d)20 DCMR §§ 2103.2, 2103.3, 2103.6(a), 2103.8, and 2108.1(c) (failure to post or maintain properly worded and properly placed “no-smoking” signs);

 

(e) 20 DCMR §§ 2103.4, 2103.6(b), and 2103.9 (failure to post properly worded signs designating a smoking area);

 

(f)20 DCMR § 2104.3 (failure to post properly worded and properly sized tobacco health warning signs);

 

(g)20 DCMR § 2104.4 (failure to post properly placed tobacco health warning signs);

 

(h)20 DCMR § 2108.1(a) (smoking in a posted “no smoking” area); and

 

(i)20 DCMR § 2108.1(b) (covering, removing, or disfiguring a smoking-related sign).

 

 

authority

Section 104(a)(1) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 (“Civil Infractions Act”), effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04(a)(1) (2012 Repl.)), § 7(d) of the District of Columbia Smoking Restriction Act of 1979, effective September 28, 1979 (D.C. Law 3-22; D.C. Official Code § 7-1706(d) (2012 Repl.)), and paragraph 2 of Mayor’s Order 2004-46, dated March 22, 2004, as amended by paragraphs 29 and 30 of Mayor’s Order 2006-61, dated June 14, 2006, delegating authority pursuant to the Civil Infractions Act.

source

Final Rulemaking published at 52 DCR 5045 (May 27, 2005); as amended by Final Rulemaking published at 61 DCR 4919 (May 16, 2014).