A. 
Any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment.
B. 
Smoking is prohibited in the following areas:
(1) 
Retail stores, retail food stores, and shopping malls.
(2) 
Waiting rooms, hallways, patient rooms of health care facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices including portions of a personal residence used for such purposes.
(3) 
Child care facilities including portions of a personal residence used for such purposes.
(4) 
Schools and school property.
(5) 
Elevators, rest rooms, lobbies, hallways, and other common areas in public access buildings.
(6) 
Restaurants, including bar areas of restaurants.
(7) 
Bars.
(8) 
Function halls.
(9) 
Indoor sports arenas.
(10) 
Private clubs.
(11) 
Public places as defined in this regulation.
(12) 
Controllable space surrounding the public entrances and exits to public places.
(13) 
Any area posted as a "nonsmoking" area.
A. 
The proprietor(s) or other person(s) in charge of a public place, shall be responsible for the following:
(1) 
Conspicuous posting of "No Smoking" signs in order to clearly designate which buildings or areas are smoke-free.
(2) 
Removing smokers from areas where smoking is prohibited.
B. 
Additionally, no person shall remove a sign posted under authority of Subsection A of this section.
A. 
Notwithstanding the provisions of §§ 793-4 and 793-5 of this regulation, smoking may be permitted in the following places and/or circumstances:
(1) 
Private residences, except portions used as a child care office, health care office, or designated workplace.
(2) 
Hotel and motel rooms rented to guests that are designated as smoking rooms and conspicuously posted as such.
B. 
Private or semiprivate rooms of nursing homes and long-term care facilities that are separately ventilated and are occupied by one or more patients, all of whom are smokers who have requested in writing to be placed in rooms where smoking is permitted.
C. 
Notwithstanding the provisions of §§ 793-4 and 793-5 of this regulation, smoking may be permitted in the following places and/or circumstances provided a variance has been applied for and received from the BOH:
(1) 
Bar area of restaurant as defined in this regulation providing that:
(a) 
The bar area shall not include any common area of the premises to which a nonsmoker may need access, including but not limited to waiting areas, rest rooms, and access route thereto;
(b) 
The combination of ventilation systems and structural barriers in the bar area of the restaurant must be sufficient to eliminate any migration of tobacco and tobacco by-products like nicotine from the smoking areas to the nonsmoking areas.
(c) 
The ventilation system must be tested regularly and at the discretion of the Board in a manner to be chosen or approved by the Board and at the expense of the establishment to assure that there is no tobacco by products such as nicotine migrating into the nonsmoking areas of the restaurant. This testing must be done quarterly at a minimum but may be required more often at the discretion of the Board and at the expense of the establishment. The results of such testing must be forwarded to the Board of Health within 15 days of testing. The test results will be filed at the Board of Health.
(d) 
If such testing indicates that the establishment is not in compliance with these regulations, the restaurant will have 30 days to correct the violations and submit new testing results. If they are not corrected within this time period, on day 31 the bar area of the restaurant must remain nonsmoking until violations are corrected and new testing approved by the Board of Health.
(e) 
Any physical changes to the construction of the building to create a bar area of a restaurant must be approved and in compliance with all other Town departments.
(f) 
The bar area of a restaurant shall not exceed more than 25% percent of the total seating of the restaurant (variances may be sought).
(g) 
No person under 18 years of age can be seated in the bar area of a restaurant.
(h) 
The owner of establishment must sign a memorandum of understanding regarding these regulations.
(i) 
The bar area of a restaurant must be marked with signs that warn patrons of the dangers of environmental tobacco smoke. This sign language and position must be approved by the Board of Health.
(2) 
Private clubs during private functions or during club functions not open to nonmembers or the public.
(3) 
Function halls during private functions.
(4) 
Bars upon receipt annually of a letter from a CPA attesting to the fact that the facility derived less than 20% of its prior year revenues from the sale of food and 80% or more of its prior year revenues from the sale of alcoholic beverages.
D. 
Variances for these facilities can be applied for with the BOH. Variances are good for one year and may be renewed annually unless revoked. Variances may be revoked by the BOH at its discretion if the facility or operator is found by the Board to be in violation of these regulations. Variances may be automatically revoked in the event these regulations or other governing rules or laws are amended or implemented in such a manner that would eliminate smoking in these facilities.
A. 
Each employer operating a workplace in the Town of Walpole shall establish and implement a written policy governing smoking in such workplace. Each policy must designate adequate no-smoking areas to accommodate the needs of all nonsmoking workers. A copy of each policy must be submitted to the Board of Health.
B. 
Any employee exposed to smoke or smoking by-products because of poor ventilation or inadequate nonsmoking areas may object to the employer. If, after seven days, the employer has not satisfied the objecting employee, a complaint, in writing, may be filed with the Board of Health.
C. 
An employee aggrieved by the willful failure or refusal of an employer operating a workplace in the Town of Walpole to establish and implement the policy required under this section may complain in writing to the employer and file a copy of the complaint with the Board of Health. Such employer shall respond to the complaint in writing within seven days, identifying the steps he or she intends to take to comply with the requirements of the section, and establishing a reasonable time frame for compliance. The employer shall file a copy of the response with the Board of Health for approval.
No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this regulation.
This regulation shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety or fire codes, regulations or statutes.