CHAPTER He-P 1900 INDOOR SMOKING RULES
PART He-P 1901 DEFINITIONS
He-P
1901.01 Purpose. The purpose of this chapter is to protect the
health of the public by identifying the conditions and procedures for the
enforcement of the New Hampshire Indoor Smoking Act, RSA 155:64-78.
Source. #5759, eff 12-20-93;
ss by #7172, eff 12-21-99, EXPIRED: 12-21-07
New. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
He-P
1901.02 Definitions.
(a) “Act” means RSA
155:64 to RSA 155:78, the Indoor Smoking Act, and includes the rules adopted
pursuant to the Act.
(b) “Acute care
facility” means the following:
(1) A
hospital as defined in (i) below;
(2) Infirmaries;
(3)
Ambulatory surgical centers;
(4)
Outpatient clinics;
(5)
Prenatal clinics;
(6)
Well-baby clinics;
(7)
Well-child clinics;
(8)
Free-standing kidney dialysis units;
(9)
Free-standing radiological therapy units;
(10)
Free-standing birthing centers;
(11)
Mobile and free-standing x-ray units;
(12)
Mobile and free-standing laboratory units;
(13)
Mobile and free-standing emergency medical services units; and
(14)
Mobile medical units.
(c) “Cocktail lounge”
means “cocktail lounge” as defined in RSA 155:65, I.
(d) “Commissioner”
means “commissioner” as defined in RSA 155:65, III.
(e) “Department”
means “department” as defined in RSA 155:65, IV.
(f) “Determining
preference” means ascertaining whether an individual prefers to reside in or to
work in a no-smoking designated area of a facility or a smoking-permitted
designated area of a facility that is effectively segregated.
(g) “Effectively
segregated” means “effectively segregated” as defined in RSA 155:65, V.
(h)
“Health care facility” means “health care facility” as defined in RSA 155:65,
VII, and includes hospitals licensed under RSA 151 which provide psychiatric,
substance abuse, and physical rehabilitation care on an outpatient or inpatient
basis.
(i) “Hospital” means a health care facility where the ill or
injured can receive medical, surgical, or psychiatric treatment and nursing
care on an inpatient or outpatient basis.
(j) “Multi-resident
building” means a building containing multiple separate and distinct domiciles
such as rooms, suites of rooms, or apartments.
(k) “Person in
charge” means “person in charge” as defined in 155:65, IX.
(l) “Public housing”
means dwelling units, which are funded through public funds.
(m)
“Resident room” means the place in which a person resides and has sleeping
accommodations within a multi-resident building.
(n) “Restaurant”
means “restaurant” as defined in RSA 155:65, XIV.
(o) “Smoking” means “smoking” as defined in RSA
155:65, XV.
(p)
“Subsidized housing” means dwellings which are rented with the renter receiving
monetary support to pay the rent, in whole or in part from public funds.
(q) “Unreasonably
intrude” means a condition whereby smoke from a smoking-permitted area enters a
no-smoking area such that ambient air quality standards for fine particulate
matter exceed United States Environmental Protection Agency (USEPA) standards
per 40 CFR part 50.
(r) “Written
policies” means “written policies” pursuant to RSA 155:68, I and II.
(s) “Written
procedures” means “written procedures” as specified in RSA 155:69 and also
means written procedures for effectively segregating all smoking-permitted
designated areas from no-smoking designated areas.
Source. #12677, eff 11-20-18
(formerly He-P 1901.01); amd by #12996, eff 2-26-20
PART He-P 1902 SMOKING PROHIBITED AND SMOKING
PERMITTED IN EFFECTIVELY SEGREGATED AREAS
He-P
1902.01 Smoking
Prohibited. Pursuant to RSA 155:66,
I, smoking shall be prohibited in:
(a) Public educational facilities at any time,
and in child care agencies licensed under RSA 170-E
during the hours of operation, except foster family homes and foster family
group homes;
(b) Hospitals and other acute care facilities;
(c) Grocery stores by customers;
(d) Elevators, tramways, gondolas, and other such
public conveyances;
(e) Public conveyances;
(f) Restaurants;
(g) Cocktail lounges; and
(h) Enclosed places owned and operated by social,
fraternal, or religious organizations when open to the general
public. Purposes for which such
places may be open to the general public may include,
but shall not be limited to, public meetings, voting, suppers, bingo games,
theatrical events, fairs, and bazaars.
Source. #5759, eff 12-20-93;
ss by #7172, eff 12-21-99, EXPIRED: 12-21-07
New. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
He-P
1902.02 Smoking
Permitted in Effectively Segregated Areas.
Pursuant to RSA 155:66, II:
(a) Smoking may be permitted in enclosed places of
public access and publicly owned buildings and offices, including workplaces,
other than those listed in He-P 1902.01, in effectively segregated
smoking-permitted areas designated by the person in charge;
(b) Smoking shall be totally prohibited in any
such enclosed place, if smoking cannot be effectively segregated; and
(c)
The person in charge may declare any location non-smoking in its
entirety.
Source. #5759, eff 12-20-93;
ss by #7172, eff 12-21-99, EXPIRED: 12-21-07
New. #9054, eff 12-29-07,
EXPIRED: 12-2915-12
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
PART He-P 1903 INQUIRIES AND COMPLAINTS
He-P
1903.01 Inquiries. Inquiries regarding the Act, He-P 1900, and
registering complaints shall be made to the Tobacco Prevention and Cessation
Program at 1-800-852-3345, ext. 8949, or electronically at: https://www.dhhs.nh.gov/dphs/tobacco/indoor.htm.
Source. #5759, eff 12-20-93;
ss by #7172, eff 12-21-99, EXPIRED: 12-21-07
New. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
He-P
1903.02 Registering
Complaints.
(a) Pursuant to RSA 155:73, a complainant shall
register with the department a complaint regarding non-compliance with the Act
once the following requirements have been met:
(1)
The complainant has registered the complaint with the person in charge;
and
(2)
The complaint has not been resolved within one calendar month of
registering the complaint in (a)(1).
(b) The complainant shall register a complaint by
completing and submitting an “Indoor Smoking Act Complaint
Form” (October 2018 Edition) to the department via email to TPCP@dhhs.nh.gov,
via facsimile to (603) 271-5318, or by mailing to:
Department of
Health and Human Services
Division of
Public Health Services
Tobacco
Prevention and Cessation Program
29 Hazen
Drive
Concord, NH
03301
(c) In addition to the requirement in (b) above,
a complaint shall include a copy of the policy and procedure regarding smoking
in the facility if the complainant knows of such policy and procedure.
Source. #5759, eff 12-20-93;
ss by #7172, eff 12-21-99; EXPIRED: 12-21-07
New. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
He-P 1903.03 Complainant Confidentiality. Confidentiality of the complainant shall be
protected pursuant to RSA 155:74, II, as follows:
(a) In accordance with RSA 91-A, all information
contained in a complaint shall be furnished to the public upon request, except
the complainant’s name, which shall not be supplied without express written
approval of the complainant;
(b) All physical copies of complaints shall be
stored in a receptacle secured from public or unrestricted access, such as a
locked file cabinet, when not in use; and
(c) Electronic information regarding complaints
that include the complainant’s name shall be stored on a computer hard drive(s)
or disk(s) and be secured from unauthorized access, as follows:
(1)
Removable disks which contain such data shall be secured in the same
manner as physical copies, as detailed in He-P 1903.03(b); and
(2) Non-removable
disks or computer hard drives which contain such data shall be secured by using
password protection of those computer files.
Source. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
PART He-P 1904 COMPLAINT INVESTIGATION AND LOCATION
INSPECTION PROCEDURES
He-P
1904.01 Complaint
Investigation Procedures.
(a) Upon receipt of a letter from the department
informing the person in charge of the registered complaint, the person in
charge shall respond to the department by completing and submitting an
“Indoor Smoking Act Complaint Response Form” (October 2018 Edition) to
the department via email to TPCP@dhhs.nh.gov, via facsimile to
(603) 271-5318, or by mailing to:
Department of
Health and Human Services
Division of
Public Health Services
Tobacco
Prevention and Cessation Program
29 Hazen
Drive
Concord, NH
03301
(b) In addition to the requirements in (a) above,
the person in charge shall include a copy of the facility’s
or location’s written policies and procedures regarding smoking in the
facility, if applicable.
(c) The person in charge shall submit the “Indoor
Smoking Act Complaint Response Form” referenced in (a) above to the department
within 10 business days of the date on the department’s letter. This deadline date shall be included in the
department’s letter.
(d) If the response of the person in charge is
not received by the department by the date specified in the department’s
letter, the location in question shall be subject to an on-site inspection per
He-P 1904.02.
(e) If the materials submitted by the person in
charge, pursuant to He-P 1904.01(a), are incomplete, the person in charge shall
be required to provide such additional information as is needed to complete the
submission.
(f) If the department cannot make
a determination of compliance or non-compliance based solely on the
submitted materials, then the location in question shall be subject to an on-site
inspection per He-P 1904.02.
Source. #5759, eff 12-20-93;
ss by #7172, eff 12-21-99, EXPIRED: 12-21-07
New. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
He-P
1904.02 On-Site
Inspection Procedures.
(a) In order to determine compliance with the
Act, pursuant to He-P 1904.01(c) and (e), the location shall be subject to an on-site
inspection.
(b) If the location subject to an on-site
inspection is a location where smoking is permitted in effectively segregated
areas, pursuant to He-P 1902.02 and RSA 155:66, II, the department shall
determine if the smoking-permitted area(s) has been effectively segregated, as
follows:
(1)
Determine if procedures for accurately and fairly determining preference
as defined in He-P 1901.01(f) have been followed; and
(2)
Conduct ambient air quality testing for fine particulate matter using
USEPA recommended monitoring equipment and USEPA methods and standards, per 40
CFR part 50, in order to:
a.
Determine if the design, designation, or juxtaposition of no-smoking and
smoking-permitted areas are such that smoke does not cause harm or unreasonably
intrude into areas occupied by persons who are not smoking; and
b.
Determine if the smoking-permitted area(s) is in proximity to exhaust
fans, if possible, and areas designated as no-smoking areas have ambient air
quality standards for fine particulate matter that do not exceed USEPA
standards, per 40 CFR part 50.
(c) If the location subject to an on-site
inspection is a facility where smoking is prohibited in its entirety, pursuant
to He-P 1902.01 and RSA 155:66, I, the department shall determine if smoking is
or has been permitted or if smoking is occurring or has occurred by conducting
ambient air quality testing for fine particulate matter using USEPA recommended
monitoring equipment and USEPA methods and standards, per 40 CFR part 50.
(d) As part of an on-site inspection, the
department shall also determine if the location has:
(1) Written smoking policies per RSA 155:68;
(2)
Written smoking procedures per RSA 155:69; and
(3)
Sign requirements per RSA 155:71 and He-P 1908.
Source. #5759, eff 12-20-93;
ss by #7172, eff 12-21-99; EXPIRED: 12-21-07
New. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
PART He-P 1905 NOTIFICATION OF INVESTIGATION FINDINGS
He-P
1905.01 Notification
of a Finding of Compliance. If the
department determines that the person in charge is in
compliance with the Act, both the complainant and the person in charge
shall be notified in writing of that determination.
Source. #5759, eff 12-20-93;
ss by #7172, eff 12-21-99, EXPIRED: 12-21-07
New. #9054, eff 12-29-07;
ss by #9351, eff 1-1-09, EXPIRED: 1-1-17
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
He-P
1905.02 Notification
of a Finding of Non-Compliance. If
the department determines that a person in charge is not in compliance with the
Act, the following procedures shall be followed:
(a) The person in charge shall be issued a
factual summary of the investigation, along with a statement of the
department’s finding of non-compliance;
(b) The notification in (a) shall include:
(1) Specific
directives as to the necessary steps to be taken to come into compliance with
the Act, including one or more of the following:
a.
When smoking continues to occur in a location where smoking is
prohibited pursuant to He-P 1902.01 and RSA 155:66, I,
the location shall be designated no-smoking in its entirety;
b.
When the location has no written policies or the location’s written
policies do not comply with the Act, that the location’s written policies shall
be written or revised to meet specifications set forth in RSA 155:68 and He-P 1900;
c.
When the location has no written procedures or the location’s written
procedures do not comply with the Act, that the location’s written procedures
shall be written or revised to meet specifications set forth in RSA 155:69 and
He-P 1900;
d.
When written policies and procedures exist but are not enforced, that
the written policies and procedures shall be fully implemented pursuant to the
Act; or
e.
When a smoking-permitted area is not effectively segregated,
that the location shall be designated no-smoking in its entirety;
(2)
The deadline by which the person in charge shall comply with the
directives in the notification and the Act;
(3) A
statement that the location in question shall be subject to on-site
inspection(s) to determine compliance with the directives and the Act; and
(4) A
description of the possible consequences for not complying with the directives,
including a description of the penalty scale to be used in assessing the fine,
as described in He-P 1906.01;
(c) The deadline in (b)(2) shall be 30 days from
the date of the notification of finding of non-compliance;
(d) The person in charge may request an extension
of the deadline for compliance as stated in (c) above by requesting a waiver
pursuant to the process outlined in He-P 1909;
(e) The location shall be subject to an on-site
inspection by the department to determine if the person in charge has come into
compliance with the directives in the notification and the Act by the deadline
established in the notification or by an extension granted in (d); and
(f) The complainant shall be notified in writing
of the determination of a finding of non-compliance and of the directives
issued by the department to the person in charge, to be carried out in order to achieve compliance with the Act.
Source. #7172, eff 12-21-99,
EXPIRED: 12-21-07
New. #9054, eff 12-29-07;
ss by #9351, eff 1-1-09, EXPIRED: 1-1-17
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
PART He-P 1906 ADMINISTRATIVE FINES
He-P
1906.01 Administrative
Fines.
(a) If the department determines that the person
in charge has not complied with the Act by the deadline established in He-P 1905.02(c) or (d), the department shall, pursuant to
RSA 155:78, impose upon the person in charge an administrative fine of $100 per
day for the first offense and $200 per day for each subsequent offense.
(b) The penalties prescribed in (a) above shall
be imposed for each day that the person in charge is not in compliance with the
Act, beginning with the date that the notification under He-P 1905.02 is issued
and continuing for each day of non-compliance, or until the date of compliance.
(c) The department shall provide written notice
to the person in charge:
(1)
Identifying each finding of non-compliance;
(2)
Informing the person in charge of the amount of the assessed fine under
(a) and (b) above;
(3)
Informing the person in charge of the right to appeal the department’s
decision to assess a fine, pursuant to RSA 541-A and He-C 200, by submitting a
written request for a hearing to the commissioner no later than 10 calendar
days from the date of receipt of the notice;
(4)
Informing the person in charge of the opportunity to waive the right to
a hearing by paying the fine within 10 days of the receipt of the department
notice of assessed administrative fine; and
(5) Informing the person in charge that if he or
she does not request an appeal as specified in (3) above, the department’s decision
to assess a fine shall become final after the 10 day
period specified in (4) above and the fine shall be paid to the department no
later than 10 days from that date.
Source. #5759, eff 12-20-93;
ss by #7172, eff 12-21-99, EXPIRED: 12-21-07
New. #9054, eff 12-29-07;
ss by #9351, eff 1-1-09, EXPIRED: 1-1-17
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
PART He-P 1907 CRITERIA FOR SMOKING-PERMITTED AREAS
He-P
1907.01 Designation
of Smoking-Permitted Areas.
(a) The criteria established in He-P 1907 shall
apply to the following facilities, referred to in RSA 155:67 V, VI, VII, and X:
(1) Dormitories;
(2)
Public housing facilities;
(3)
Nursing homes;
(4)
Sheltered care facilities;
(5)
Residential treatment facilities;
(6)
Prisons and detention facilities;
(7)
Rehabilitation facilities;
(8)
Health care facilities, except for acute care facilities; and
(9)
All other facilities listed in RSA 155:67.
(b) The criteria as set forth in this part shall
apply to all staff, administrators, volunteers, residents, visitors,
consultants, contractors, and other vendors and surveyors of services in the
facilities referenced in (a) above.
(c) The following designation criteria for
smoking-permitted areas, specific for each location, shall be followed for each
of the facilities referenced in (a) above:
(1)
Where smoking is permitted in resident dormitories operated by
postsecondary educational institutions, the following shall apply:
a.
Preference for smoking or non-smoking resident room assignments shall be
determined for each resident by the person in charge;
b.
Determining preference for smoking or non-smoking resident room
assignments shall be completed prior to the beginning of each school year or
semester by the person in charge;
c. Housing application forms which student
residents fill out prior to assignment of housing shall include a section to
indicate preference for smoking or non-smoking room assignment, or a separate
form shall be developed for this purpose;
d.
Either smoking or non-smoking designated rooms may be assigned to those
individuals who do not indicate a preference relative to smoking when making
application for room assignments;
e. The
number of such smoking-designated rooms or areas shall be commensurate with the
number of residents indicating a preference to smoke;
f. No
student resident who prefers non-smoking accommodations shall be housed with a
smoker nor shall any student resident who prefers non-smoking accommodations
have a room assigned in the smoking-permitted areas; and
g. All non-smoking designated rooms and
accommodations shall meet the USEPA standard for ambient air quality;
(2)
Where smoking is permitted in any public housing location, the following
shall apply:
a.
Preference for smoking or non-smoking dwelling unit assignments shall be
determined for each resident by the person in charge;
b.
Determining preference for smoking or non-smoking dwelling unit
assignments shall be completed prior to the assignment of a dwelling unit by
the person in charge;
c.
Public housing application forms which residents fill out prior to
assignment of housing shall include a section to indicate preference for
smoking or non-smoking, or a separate form shall be developed for this purpose;
d.
Either smoking or non-smoking designated dwelling units may be assigned
to those individuals who do not indicate a preference relative to smoking when
making application for public housing;
e. The
number of such smoking-designated dwelling units shall be commensurate with the
number of residents indicating a preference to smoke;
f. No resident who prefers non-smoking
accommodations shall have a dwelling unit assigned in the smoking-permitted
areas; and
g. All
non-smoking designated dwelling units shall meet the USEPA standard for ambient
air quality;
(3)
Where smoking is permitted in resident rooms in nursing homes,
residential care facilities, supported residential care facilities, residential
treatment facilities, and rehabilitation facilities, the following shall apply:
a.
Preference for smoking or non-smoking resident room assignments shall be
determined for each resident;
b.
Determining preference for smoking or non-smoking resident room
assignments shall be completed prior to the assignment of resident rooms by the
person in charge;
c. Resident room application or admission
forms which residents fill out prior to assignment of resident rooms shall
include a section to indicate preference for smoking or non-smoking, or a
separate form shall be developed for this purpose;
d.
Either smoking or non-smoking designated resident rooms may be assigned
to those individuals who do not indicate a preference relative to smoking when
making application for room assignments or admission;
e. The
number of such smoking-designated resident rooms shall be commensurate with the
number of residents indicating a preference to smoke;
f. No resident who prefers non-smoking
accommodations shall have a resident room assigned in the smoking-permitted
areas; and
g. All
non-smoking designated resident rooms shall meet the USEPA standard for ambient
air quality;
(4)
Where smoking is permitted in the resident rooms of health care
facilities, such as drug and alcohol treatment facilities and mental health
facilities, exclusive of hospitals or other acute care facilities as listed in
He-P 1901.02(b) and He-P 1901.02 (j), the following shall apply:
a. Preference for smoking or non-smoking
assignments shall be determined for each patient by the person in charge;
b.
Determining preference for smoking or non-smoking patient room
assignments shall be completed prior to admission to the facility by the person
in charge;
c.
Patient admission forms shall include a section to indicate preference for
smoking or non-smoking, or a separate form shall be developed for this purpose;
d.
Either smoking or non-smoking designated patient rooms may be assigned
to those individuals who do not indicate a preference relative to smoking when
filling out admission forms;
e. The
number of such smoking-designated patient rooms shall be commensurate with the
number of patients indicating a preference to smoke;
f. No
patient who prefers non-smoking accommodations shall be housed with a smoker
nor shall any patient who prefers non-smoking accommodations have a patient
room assigned in the smoking-permitted areas; and
g. All
non-smoking designated patient rooms shall meet the USEPA standard for ambient
air quality;
(5) If
a hospital has, as part of its facility, a wing or unit which is not
free-standing and which is used on an in-patient basis for the care and
treatment of patients suffering from mental illness, drug and alcohol
withdrawal, or for the delivery of physical rehabilitation services, the
resident rooms of the wing or unit shall be subject to He-P 1907.01(a)(8), (b),
and (c)(4)a.-g.;
(6)
Where smoking is permitted in private sector facilities providing
out-patient care, including doctors’ offices and dental offices, and exclusive
of acute care facilities as defined in He-P 1901.01(b) and He-P 1901.01(i):
a.
Examination rooms, diagnostic testing rooms, and treatment rooms shall
be designated as no smoking; and
b. If
smoking-permitted areas are to be designated for the use of staff for such
facilities then RSA 155:66, II shall apply;
(7)
Where smoking is permitted in resident rooms or cells of prisons and
detention facilities, the following shall apply:
a. Preference for smoking or non-smoking
inmate room or cell assignments shall be determined for each inmate by the
person in charge;
b.
Determining preference for smoking or non-smoking inmate room
assignments shall be completed prior to the assignment of an inmate room or
cell by the person in charge;
c.
Incarceration forms shall include a section to indicate preference
regarding smoking or non-smoking, or a separate form shall be developed for
this purpose;
d.
Either smoking or nonsmoking designated inmate rooms or cells may be
assigned to those individuals who do not indicate a preference relative to
smoking when incarcerated;
e. The
number of such smoking-designated inmate rooms or cells shall be commensurate
with the number of inmates indicating a preference to smoke;
f. If
security and space permit, no inmate who prefers non-smoking accommodations
shall have an inmate room or cell assigned in the smoking-permitted areas; and
g. All
non-smoking designated inmate rooms or cells shall meet the USEPA standard for
ambient air quality; and
(8) If
smoking-permitted areas are to be designated for the use of staff of the
facilities referenced in (a) above, they shall be subject to the provisions of
RSA 155:66, II.
(d) If the facilities referenced in (a) above
have rooms or areas wherein residents receive medical or dental services, the designation
of no smoking shall prevail in these rooms or areas for staff, patients, and
visitors, pursuant to RSA 155:66, I (b).
(e) The areas referred to in (d) above shall
include:
(1)
Examining rooms;
(2)
Diagnostic testing rooms;
(3)
Treatment rooms;
(4)
Infirmaries; and
(5)
Dental examination and treatment rooms.
Source. #5759, eff 12-20-93;
ss by #7172, eff 12-21-99, EXPIRED: 12-21-07
New. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
PART He-P 1908 SIGNS RESTRICTING OR PROHIBITING
SMOKING
He-P
1908.01 Exterior
Signs.
(a) Signs for notification relative to smoking
restrictions or prohibitions shall be placed on the exterior of buildings,
facilities, or other enclosed places as defined in RSA 155:65, VI, proximate to
all major entrances.
(b) All exterior signs shall be of a permanent
nature.
(c)
Where smoking is prohibited, signs shall state that “smoking is prohibited in
this building or facility”, or words to that effect, or the international
symbol for no-smoking, as depicted in Figure 1900.1, may be substituted for or used in conjunction with the prohibition statement.
|
Figure 1900.1 The International Symbol for
No-Smoking
(d) Where smoking is restricted to effectively
segregated smoking-permitted areas, signs shall state that “smoking is
prohibited in this building or facility except in designated smoking-permitted
areas”, or words to that effect, or the international symbol for no-smoking, as
depicted in Figure 1900.1, may be used in conjunction with the restriction
statement.
Source. #5759, eff 12-20-93;
ss by #7172, eff 12-21-99, EXPIRED: 12-21-07
New. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
He-P
1908.02 Interior
Signs.
(a) Signs for notification relative to smoking
restrictions or prohibition, in buildings or facilities which permit smoking in
designated areas only, shall be placed inside those buildings, facilities, or
other enclosed places as defined in RSA 155:65, VI in the following areas, including:
(1) Offices;
(2)
Waiting rooms;
(3)
Entrances areas;
(4) Elevators;
(5)
Rest rooms;
(6) Cafeterias;
(7)
Break rooms;
(8)
Meeting rooms;
(9) Hallways;
(10)
Stairwells; and
(11)
Other common-use areas.
(b) Interior signs shall be of a permanent
nature, except as allowed by (f)-(h) below.
(c) Interior signs shall be affixed to a
permanent structure such as a wall, door, permanent room divider, or partition,
except as allowed by (f)-(h) below.
(d) Where smoking is prohibited, signs shall
state that “smoking is prohibited in this room or area of the facility or
building”, or words to that effect, or the international symbol for no-smoking,
as depicted in Figure 1900.1, may be substituted for
or used in conjunction with the prohibition statement.
(e) Where smoking is prohibited in every room and
area of a given building and He-P 1908.01 is abided by, then interior signs
shall not be required.
(f) Where smoking is permitted in an effectively
segregated smoking-permitted room or area of a given facility, pursuant to RSA
155:66, II and RSA 155:67, III, V, VI, VII, and X, interior signs may be
affixed to interior structures or placed on table tops or surfaces in those
rooms or areas, stating that “smoking is permitted in this room or area of the
facility”, or words to that effect, or the international symbol for
smoking-permitted, as depicted in Figure 1900.2, may be substituted for or used
in conjunction with the smoking-permitted statement.
|
Figure 1900.2 The International Symbol for
Smoking-Permitted
(g) Where smoking is permitted, pursuant to RSA
155:67, II and IV, interior signs may be temporarily affixed to interior structures
or placed temporarily on table tops or surfaces in those rooms or areas,
stating that “smoking is permitted in this room or area of the facility”, or
words to that effect, or the international symbol for smoking-permitted, as
depicted in Figure 1900.2, may be substituted for or used in conjunction with
the smoking-permitted statement.
(h) Table top signs may
be used in conjunction with other interior signs.
(i) In a facility
containing 2 or more rooms or areas comparable in size and which are used for
the same activity, the person in charge may place smoking-permitted signs in
one entire room or area provided that the other comparable-in-size room or area
is posted as a no-smoking area and is effectively segregated from the
smoking-permitted area.
(j) Signs demarcating smoking-permitted areas
shall not be placed in areas more than proportionate in size to the number of
users who show preferences for this designation.
Source. #5759, eff 12-20-93;
ss by #7172, eff 12-21-99, EXPIRED: 12-21-07
New. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
He-P
1908.03 Size
of Signs. Signs shall meet the
following size requirements as specified in Table 1900.1.
Table 1900.1 Size of Signs
Farthest Distance from which Sign Is to Be Read |
Height of Lettering |
Diameter of Outer Circle for International Symbol for Smoking or No-Smoking |
|
|
|
25 feet |
1/2 inch |
3 inches |
50 feet |
1 inch |
4 inches |
150 feet |
2 inches |
6 inches |
350 feet |
4 inches |
8 inches |
500 feet |
6 inches |
12 inches |
Source. #5759, eff 12-20-93;
ss by #7172, eff 12-21-99, EXPIRED: 12-21-07
New. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
PART He-P 1909 WAIVERS
He-P
1909.01 Request
for Waiver.
(a) Pursuant to RSA 155:75, a person in charge
shall request a waiver for the purpose of seeking a period of
time to comply with the Act by submitting a written waiver request to
the commissioner.
(b) A waiver request shall be made for one or
more of the following:
(1)
For complying with RSA 155:68, relative to the development of written policies;
(2)
For complying with RSA 155:69, relative to the development of written procedures;
(3) For
complying with RSA 155:70 and He-P 1908, relative to the placement of signs
that restrict, prohibit, or permit smoking; or
(4)
For creating an effectively segregated smoking-permitted area pursuant
to He-P 1902.02(a) and in compliance with RSA 155:65, V.
(c) The person in charge requesting a waiver
shall do so by completing and submitting to the department an “Indoor Smoking
Act Waiver Request Form” (October 2018 Edition).
(d) In addition to the requirement in (c) above,
a waiver request shall include the following, as applicable:
(1) If the facility or location requesting
the waiver currently has written policies or written procedures relative to
smoking in place, then a copy of those policies or procedures shall be attached
to the waiver request;
(2) If
the facility or location is requesting a waiver in order to
develop or to amend written policies or written procedures relative to smoking,
then a copy of the draft of the proposed written policies or procedures shall
be attached to the waiver request, if available; and
(3) If the facility or a location is requesting a
waiver because the requirement the facility or location wishes to be waived
causes undue hardship pursuant to RSA 155:75, II, the waiver request shall
include documentation for the claim of undue hardship, such as, but not limited
to, a construction estimate with financial records that show the person in
charge is unable to pay, or proof that the requirement in question would
interfere with other requirements imposed by policies of the facility, such as
but not limited to, a copy of those policies.
Source. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
He-P
1909.02 Determining
Eligibility and Approval for a Waiver.
(a) Pursuant to RSA 155:75, III, the commissioner
shall determine eligibility for a waiver.
(b) A person in charge shall be determined to be
eligible for a waiver if the following criteria are met:
(1)
The waiver request requirements described in He-P 1909.01 are met;
(2)
The waiver request is not in response to a finding of a violation of the
Act;
(3)
The waiver request is not contrary to fire, safety, or sanitation
requirements or other state or federal statutes; and
(4) The waiver, if granted, would not create
a condition whereby smoke causes harm or unreasonably
intrudes into any areas designated as no-smoking or any areas occupied by
persons who do not smoke.
Source. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
He-P
1909.03 Time
Period for Approved Waivers. The time period for which an approved waiver shall extend shall
be as follows:
(a) A waiver request for complying with RSA
155:68, relative to the development of written policies, shall be granted for
30 calendar days;
(b) A waiver request for complying with RSA
155:69, relative to the development of written procedures, shall be granted for
30 calendar days;
(c) A waiver request for complying with RSA
155:70 and He-P 1907, relative to the placement of signs that restrict,
prohibit, or permit smoking, shall be granted for 60 calendar days;
(d) A waiver request for complying with an
effectively segregated smoking-permitted area pursuant to He-P 1902.02(a) and
in compliance with RSA 155:65, V, shall be granted as follows for the following
time frames:
(1) If
exterior construction is being proposed in the waiver request, such as building
an addition to the existing facility or location, then a waiver shall be
granted for one year; and
(2) If
interior construction or modification of the facility or location is being
proposed in the waiver request, such as building partitions or moving walls,
then a waiver shall be granted for 6 months;
(e) Waivers shall not be approved for any period of time exceeding one year, for any purpose; and
(f) Extensions for waivers shall not be granted.
Source. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
He-P
1909.04 Notification
of Waiver Decision.
(a) The person in charge shall be notified in
writing of the department’s decision to grant a waiver, including the specific
provisions of the waiver and the time period for which
the waiver has been granted.
(b)
The facility or location for which a waiver has been approved shall be
subject to an on-site inspection by the department to determine if the waiver
requirements have been met.
(c)
The person in charge shall be notified in writing of the department’s
decision to deny the waiver request, including:
(1)
The reasons for the denial; and
(2) A
directive to come into compliance with the Act within 30 days from receipt of
the written waiver denial.
Source. #9054, eff 12-29-07,
EXPIRED: 12-29-15
New. #12534, INTERIM, eff
5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18
Appendix
Rule |
|
|
|
He-P 1901 |
RSA 155:64; RSA 155:65 |
He-P 1901.02 (o)-(s) |
RSA 155:64; RSA 155:65 |
He-P 1902 |
RSA 155:66 |
He-P 1903 |
RSA 155:71, III, V; RSA 155:73; RSA 155:74, II |
He-P 1904 |
RSA 155:74, I |
He-P 1905 |
RSA 155:71, III |
He-P 1906 |
RSA 155:78 |
He-P 1907 |
RSA 155:67, V, VI, VII, & X; RSA 155:71, I |
He-P 1908 |
RSA 155:70; RSA 155:71, II |
He-P 1909 |
RSA 155:71, IV; RSA 155:75, I, II, & III |