4895898 Health,Department of - Notice of Final Rulemaking - Smoking civil infractions schedule of fines

DEPARTMENT OF HEALTH

 

NOTICE OF FINAL RULEMAKING

 

The Director of the Department of Health, pursuant to the authority set forth in § 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 D.C. Law 6-42,the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, hereby gives notice of  the adoption of the following amendment to Chapter 36 (Department of Health (DOH) Infractions) of Title 16 (Consumers, Commercial Practices & Civil Infractions) of the District of Columbia Municipal Regulations (DCMR). 

 

The purpose of the rulemaking is to establish a schedule of civil infractions for smoking violations as alternative sanctions for criminal penalties pending completion of Council review.  The rules were previously published as a Notice of Emergency and Proposed Rulemaking on July 19, 2013, at 60 DCR 10756 and as a Notice of Emergency Rulemaking on December 6, 2013, at 60 DCR 16668.  No comments were received as a result of either notice, and no changes have been made since publication of the notices.

 

Pursuant to § 104(a)(1) of the Civil Infractions Act, the final rules have been submitted to the Council of the District of Columbia for review and approval, and the rules were deemed approved on December 6, 2013.  The Director took final rulemaking action on May 9, 2014.  The rules will become effective upon publication in the D.C. Register.

 

Chapter 36 (Department of Health (DOH) Infractions) of Title 16 (Consumers, Commercial Practices & Civil Infractions) of the DCMR is amended by adding a new Section 3632 (Smoking Infractions) to read as follows:

                                     

3632                SMOKING INFRACTIONS

 

3632.1             [RESERVED]

 

3632.2             Violation 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).

 

3632.3             Violation 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).