4460368 Smoking violations

DEPARTMENT OF HEALTH

 

NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

 

 

The Interim 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)(2007 Repl.)), and § 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) (2008 Repl.)), 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, hereby gives notice of  the adoption, on an emergency basis, 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.  Emergency action is necessary because of the growing number of establishments that permit smoking in violation of the law prohibiting smoking in workplaces and the need to provide a stronger deterrent to the illegal activity.  Growing exposure to tobacco smoke is a public health hazard that requires an immediate response for the preservation of the public health, safety, and welfare.  The emergency rules were adopted on July 8, 2013, and became effective immediately. The emergency rules shall expire one hundred and twenty (120) days after the effective date, on November 5, 2013.

 

Pursuant to § 104(a)(1) of the Civil Infractions Act, the emergency and proposed rules will be submitted to the Council of the District of Columbia for review and approval.  The rules will become final upon Council approval, or thirty (30) days after submission, if the Council has not earlier disapproved the proposed rules, and following publication of the final rules 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).

 

Comments on the proposed rules should be sent in writing to Angli Black at the Department of Health, Office of the General Counsel, 5^th Floor, 899 North Capitol Street, NE, Washington, DC  20002, not later than thirty (30) days after the date of publication of this notice in the D.C. Register.  Copies of the proposed rules may be obtained Monday through Friday, except holidays, between the hours of 8:15 A.M. and 4:45 P.M. at the same address.  Questions concerning the rulemaking should be directed to Angli Black, Administrative Assistant, at [e-mail] or [phone].