[HISTORY: Adopted by the Board of Health of the Town of Great
Barrington as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-1-1984]
Fees for plumbing installations shall be as follows:
|
Service
|
Fee
|
|---|---|
|
Plumbing, minimum
|
$5.00
|
|
Plumbing, per fixture or per trap
|
$4.00
|
|
Dishwasher connection
|
$4.00
|
|
Disposal in older home
|
$4.00
|
|
Clothes washer connection
|
$4.00
|
|
Tankless heater on heating system
|
$4.00
|
|
Domestic electric hot-water heater
|
$4.00
|
|
Gas hot-water heater, new installation
|
$4.00
|
|
Gas water heater, replacement
|
$4.00
|
|
Solar tank
|
$4.00
|
[Adopted 4-1-2000[1]]
[1]
Editor's Note: This regulation also superseded former
Art. II, Smoking in Public Places, adopted 7-1-1992.
Through broadly drafted statutes, the Commonwealth of Massachusetts
delegated its authority to regulate public health at the local level
to Boards of Health. As a result of that extensive grant of authority,
Boards have virtually unlimited power to regulate all areas of public
health, including but not limited to, the ability to regulate environmental
tobacco smoke [hereinafter "ETS"]. Moreover, Boards of Health have
broad authority to enforce their regulations. Boards may levy specified
fines and collect them through criminal proceedings in district court,
or if authorized by city council or town meeting, through the less
arduous noncriminal method of disposition. In addition, Boards of
Health may seek and obtain injunctive orders restraining violations
of their ETS regulations.
Whereas conclusive evidence exists that tobacco smoke causes
cancer, respiratory and cardiac diseases, negative birth outcomes,
irritations to the eyes, nose, and throat; and whereas the harmful
effects of tobacco smoke are not confined to smokers but also cause
severe discomfort and illness to nonsmokers; and whereas environmental
tobacco smoke [hereinafter "ETS"], which includes both exhaled smoke
and the side stream smoke from burning cigarettes, causes the death
of 53,000 Americans each year, now, therefore, the Board of Health
of the Town of Great Barrington recognizes the right of those who
wish to breathe smoke-free air and establishes this regulation to
protect and improve the public health and welfare by prohibiting smoking
in public places.
This regulation is promulgated under the authority granted to
the Great Barrington Board of Health under MGL c. 111, § 31
that "Boards of health may make reasonable health regulations."
For the purposes of this regulation, the following words shall
have the meanings respectively ascribed to them by this section:
A freestanding establishment whose business is devoted to
the serving of alcoholic beverages for consumption by guests on the
premises and in which the serving of food is only incidental to the
consumption of such beverages.
The Board of Health of the Town of Great Barrington.
Any individual person who performs services for an employer.
An individual person, partnership, association, corporation,
trust, or other organized group of individuals, including the Town
of Great Barrington or any agency thereof, which utilizes the services
of one, or more individual employees.
Any office or institution providing individual care or treatment
of diseases, whether physical, mental or emotional, or other medical,
physiological or psychological conditions, including but not limited
to rehabilitation hospitals or other clinics, including weight control
clinics, laboratories, offices of any surgeon, chiropractor, physical
therapist, physician, dentist and all specialists within these professions.
Any commercial establishment that offers lodging to the public,
including, but not limited to, motels and bed-and-breakfast establishments.
A residential facility that is required to be licensed by
the Commonwealth of Massachusetts per MGL c. 111, § 71,
including, but not limited to, long-term care facilities, convalescent
homes, homes for the aging, homes for the chronically ill and rest
homes.
Any person, firm, partnership, association, corporation,
company or organization of any kind, including, but not limited to,
an owner, operator, manager, proprietor or person in charge of any
building, establishment, business, or restaurant or retail store,
or the agents or designees of any of the foregoing.
An event not open to the public where the host, not the establishment
where the event is being held, controls the seating arrangements for
the duration of the event.
Any building or facility owned or operated by the town, including
school buildings or grounds; any area open to the general public,
including, but not limited to, libraries, museums, theaters, auditoriums,
indoor sports arenas and/or recreational facilities, inns, hotel and
motel lobbies, educational facilities, shopping malls, public restrooms,
lobbies, staircases, halls, exits, entrances, elevators accessible
to the public, and licensed child-care locations.
Buses, taxis, and other means of transportation available
to the general public while such means of transportation is operating
within the boundaries of the Town, including indoor platforms by which
such means of transportation may be accessed.
Any coffee shop, cafeteria, sandwich stand, private and public
school cafeteria, and other eating establishment which gives or offers
food for sale to the public, guests, or employees, as well as kitchens
in which food is prepared on the premises for serving elsewhere, including
catering facilities.
Any establishment whose primary purpose is to sell or offer
for sale to consumers, but not for resale, any goods, wares, merchandise,
articles or other things, including supermarkets and grocery stores.
"Retail store" shall not include restaurants as defined herein.
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, or other tobacco product in any form.
The Town of Great Barrington.
Any enclosed area of a structure or portion thereof at which
one or more employees perform services for their employer but not
including the personal residence of the employer.
Every person having control of premises upon which smoking is
prohibited by and under the authority of this regulation shall conspicuously
display upon the premises "No Smoking" signs or the international
"No Smoking" symbol (consisting of a pictorial representation of a
burning cigarette enclosed in a red circle with a red bar across it).
A.
No person shall smoke nor shall any person, employer, or other person having control of the premises upon which smoking is prohibited by this regulation, or the agent or designee of such person, permit a person to smoke in any of the following places as defined herein: bars, health-care facilities, nursing homes, public places, public transportation vehicles, restaurants, retail stores, and workplaces except as otherwise provided in § 210-9 of this regulation.
Notwithstanding the provisions of § 210-8 of this regulation, smoking may be permitted in the following places and/or circumstances:
A.
Private residences, except when used as a licensed child-care facility
or health-care facility;
B.
Hotel rooms that are rented to guests that are designated as smoking
rooms;
C.
Hotel conference/meeting rooms and private and public assembly rooms
while these places are being used for private functions; and
D.
Private or semiprivate rooms of nursing homes 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.
Notwithstanding the provisions of the foregoing § 210-9 of this regulation, nothing in this regulation shall be deemed to amend or repeal applicable fire, health or other regulations so as to permit smoking in areas where it is prohibited by such fire, health or other regulations.
Any person who violates this regulation shall be subject to
a fine in an amount of $100 for a first offense, $200 for a second
offense and $300 for a third or subsequent offense.
A.
As an alternative to initiating criminal proceedings, violations
of this regulation may be enforced in the manner provided in MGL c.
40, § 21D, by the Board or its agents. Any fines imposed
under the provisions of this regulation shall inure to the Town of
Great Barrington for such use as the Town may direct.
B.
Any citizen who desires to register a complaint under this regulation
may request that the Board of Health initiate enforcement.
If any paragraph or provision of this regulation is found to
be illegal or against public policy or unconstitutional, it shall
not affect the legality of any remaining paragraphs or provisions
being in force.
