[Adopted 5-31-1996 (Ch. XVI of the 1979 Regulations)]
A. 
The 1986 Surgeon General's Report on the "Health Consequences of Involuntary Smoking" clearly documents that nonsmokers are placed at risk for developing disease as a result of exposure to environmental tobacco smoke or secondhand smoke. In 1993, the Environmental Protection Agency classified environmental tobacco smoke as a known human carcinogen. Further numerous studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers. There exists conclusive evidence that tobacco smoke causes cancer, respiratory diseases, cardiovascular disease, negative birth outcomes, allergies, as well as irritations to the eyes, nose and throat. Tobacco use is the leading cause of premature deaths in the United States. Evidence further demonstrates that tobacco use is extremely addictive.
B. 
Exposure to environmental tobacco smoke presents a serious and substantial public health risk. Of particular concern is the workplace environment of nonsmokers, where they may be subjected to sustained, involuntary exposure. Both smokers and those exposed to secondhand smoke are at risk. At special risk are children, elderly persons, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
C. 
The Greater New Bedford Tobacco Control Program Advisory Board (comprised of representatives of the Boards of Health from the Towns of Dartmouth, Fairhaven and Mattapoisett and the City of New Bedford) has urged all municipal buildings to become smoke-free.
The Fairhaven Board of Health pursuant to MGL c. 111, § 31, Tercentary Edition and amendments thereto, adopts the following regulation governing no smoking in municipal buildings" as a reasonable health regulation designed to protect and improve the health of municipal employees and the residents of the Town of Fairhaven.
The purpose of this chapter is to:
A. 
To prevent secondhand smoke from affecting the health of the general public.
B. 
To prevent indoor air pollution.
C. 
To promote a safe and healthy environment in work areas under the jurisdiction of the Town of Fairhaven.
As used in this chapter, the following words shall have the following meanings:
MUNICIPAL BUILDING
Any building owned, operated, leased and/or under the control of the Town of Fairhaven, including but not limited to Town Hall, Council on Aging sites, school buildings (MGL c. 71, § 2A), school administration building, police station(s), fire station(s), library, maintenance/repair buildings, water treatment plants, sewer treatment plants and office buildings under the control or jurisdiction of the Town of Fairhaven.
MUNICIPAL VEHICLE
Any town-owned, -operated and/or -leased vehicle under the control of the Town of Fairhaven.
SECONDHAND SMOKE
A combination of smoke released from the burning end of a lighted tobacco product as well as exhaled smoke.
SMOKING
The lighting of or having in one's possession any lighted tobacco product, including a cigarette, cigar, pipe or any other lighted smoking equipment.
All points of entry to municipal buildings shall conspicuously display on the premises the international symbol for no smoking (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) or state that this is a smoke-free building.
The Board of Health, upon its own initiative or upon application to or by any person, after due notice and public hearing, may vary any provision of these regulations as it may deem necessary with respect to any particular case, when, in its opinion, the enforcement thereof would do manifest injustice, provided that the decision of the Board of Health is based solely upon health concerns and shall not conflict with the intent of these regulations.
Department heads of each municipal building will be responsible for monitoring the conduct of employees under their supervision and shall make reasonable efforts to prevent smoking within the entire confines of the municipal building.
Any person who violates any provision of these regulations may be subject to disciplinary action under Chapter 401, General Provisions, § 401-1, Violations and penalties. Alternatively, any person who violates any provision of these regulations may be penalized by a noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D, and Chapter 1, General Provisions, of the Town of Fairhaven Code. The penalty for each violation of these regulations under the noncriminal complaint procedure is $25. Each violation of these regulations shall be considered a separate offense.
If any provision of this regulation is declared invalid or unenforceable, the other provisions shall continue in full force and effect.
A. 
The Board of Health or its agents shall have the authority to enforce this regulation.
B. 
Any citizen who desires to register a complaint of noncompliance under this regulation may do so by contacting the Board of Health.