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 (ETS), which includes both exhaled smoke and the side-stream
smoke from burning tobacco products, causes the death of 53,000 Americans
each year (McGinnis JM, Foege W, "Actual Causes of Death in the United
States," JAMA 1993 270:2207-2212); and whereas the U.S. Environmental
Protection Agency classified secondhand smoke as a known human carcinogen
and the International Agency for Research on Cancer (IARC) of the
World Health Organization also classified secondhand smoke as a known
human carcinogen (IARC-WHO, 2002); now, therefore, the Board of Health
of Sharon recognizes the right of those who wish to breathe smoke-free
air and establishes this regulation to protect and improve public
health and welfare by prohibiting smoking in workplaces, public places
and membership associations.
This regulation is promulgated pursuant to the authority granted
to the Sharon Board of Health by MGL c. 111, § 31, that
"Boards of Health may make reasonable health regulations." It is also
promulgated pursuant to MGL c. 270, § 22(j), which states
in part that: "Nothing in this section shall permit smoking in an
area in which smoking is or may hereafter be prohibited by law including,
without limitation: any other law or. . .health. . .regulation. Nothing
in this section shall preempt further limitation of smoking by the
commonwealth...or political subdivision of the commonwealth."
A.
BUSINESS AGENT
COMPENSATION
E-CIGARETTE
EMPLOYEE
EMPLOYER
ENCLOSED
MEMBERSHIP ASSOCIATION
OUTDOOR SPACE
PERSON
RETAIL TOBACCO STORE
SMOKING (OR SMOKE)
SMOKING BAR
WORKPLACE
For the purpose of this regulation, the following words shall have
the following meanings:
An individual who has been designated by the owner or operator
of any establishment to be the manager or otherwise in charge of said
establishment.
Money, gratuity, privilege, or benefit received from an employer
in return for work performed or services rendered.
Any electronic nicotine delivery product composed of a mouthpiece,
heating element, battery and/or electronic circuits that provides
a vapor of liquid nicotine to the user, or relies on vaporization
of solid nicotine or any liquid, regardless of whether the liquid
contains nicotine. This term shall include any devices, whether they
are manufactured as e-cigarettes, e-cigars, e-pipes or under any other
product name.
Any individual who performs services for compensation for
an employer at the employer's workplace, including a contract employee,
temporary employee, and independent contractor who performs a service
in the employer's workplace for more than a de-minimus amount of time.
Any individual, partnership, association, corporation, trust
or other organized group, including Sharon or any agency thereof,
which uses the services of one or more employees
A space bounded by walls, with or without windows or fenestrations,
continuous from floor to ceiling and enclosed by one or more doors,
including, but not limited to, an office, function room or hallway.
A not-for-profit entity that has been established and operates
for charitable, philanthropic, civic, social, benevolent, educational,
religious, athletic, recreation or similar purpose, and is comprised
of members who collectively belong to: (i) a society, organization
or association of a fraternal nature that operates under the lodge
system, and having one or more affiliated chapters or branches incorporated
in any state; or (ii) a corporation organized under MGL Chapter 180;
or (iii) an established religious place of worship or instruction
in the commonwealth whose real or personal property is exempt from
taxation; or (iv) a veteran's organization incorporated or chartered
by the Congress of the United States, or otherwise having one or more
affiliated chapters or branches incorporated in any state. Except
for a religious place of worship or instruction, an entity shall not
be a membership association for the purpose of this definition unless
individual membership containing not less than full membership costs
and benefits is required for all members of the association for a
period of not less than 90 days.
An outdoor area, open to the air at all times and which cannot
be enclosed by a wall or side covering.
Any individual, 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 business agents or designees of any of the foregoing.
An establishment which is not required to possess a retail
food permit whose primary purpose is to sell or offer for sale to
consumers, but not for resale, tobacco products and paraphernalia,
in which the sale of other products is merely incidental, and in which
the entry of persons under the age of 18 is prohibited at all times,
and which maintains a valid permit for the retail sale of tobacco
products as required, issued by the Sharon Board of Health.
The lighting of a cigar, cigarette, pipe or other tobacco
product or possessing a lighted cigar, cigarette, pipe or other tobacco
or non-tobacco product designed to be combusted and inhaled.
An establishment that primarily is engaged in the retail
sale of tobacco products for consumption by customers on the premises
and is required by MGL c. 270, § 22, to maintain a valid
permit to operate a smoking bar issued by the Massachusetts Department
of Revenue. "Smoking bar" shall include, but not be limited to, those
establishments that are commonly referred to as "cigar bars" and "hookah
bars."
An indoor area, structure or facility or a portion thereof,
at which one or more employees perform a service for compensation
for an employer; other enclosed spaces rented to or otherwise used
by the public; and where the employer has the right or authority to
exercise control over the space.
B.
Terms not defined herein shall be defined as set forth in MGL c.
270, § 22, and/or 105 CMR 661. To the extent any of the
definitions herein conflict with MGL c. 270, § 22, and 105
CMR 661, the definition contained in this regulation shall control.
A.
It shall be the responsibility of the employer to provide a smoke-free
environment for all employees working in an enclosed workplace.
B.
Smoking is hereby prohibited in Sharon in accordance with MGL c.
270, § 22 (commonly known as the "Smoke-Free Workplace Law").
C.
Pursuant to MGL c. 270, § 22(j), smoking is also hereby
prohibited in the enclosed areas of membership associations, also
known as "private clubs."
D.
The use of e-cigarettes is prohibited wherever smoking is prohibited
per MGL c. 270, § 22.
E.
Smoking is prohibited within eight feet of any entrance to any workplace.
Every membership association in which smoking is prohibited
by and under the authority of this regulation shall conspicuously
display on the premises "No Smoking" signs provided by the Massachusetts
Department of Public Health and available from the Sharon Board of
Health 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) and comparable in size to the sign provided by
the Massachusetts Department of Public Health and available at the
Sharon Health Department.
A.
An owner, manager, or other person in control of a building, vehicle
or vessel who violates this article, in a manner other than by smoking
in a place where smoking is prohibited, shall be punished by a fine
of:
B.
Each calendar day on which a violation occurs shall be considered
a separate offense.
C.
This regulation shall be enforced by the Board of Health and its
designees.
D.
Violations of § 300-22B.4B shall be disposed of by a civil
penalty using the noncriminal method of disposition procedures contained
in MGL c. 40, § 21D without an enabling ordinance or bylaw.
The disposition of fines assessed shall be subject to MGL c. 111,
§ 188.
E.
Violations of § 300-22B.5A, C, D and E may be disposed
of by a civil penalty using the noncriminal method of disposition
procedures contained in MGL c. 40, § 21D.
F.
If an owner, manager or other person in control of a building, vehicle
or vessel violates this regulation repeatedly, demonstrating egregious
noncompliance as defined by the regulations of the Department of Public
Health, the Board of Health may revoke or suspend the license to operate
and shall send notice of the revocation or suspension to the Department
of Public Health.
G.
Any person may register a complaint to initiate an investigation
and enforcement with the Board of Health, the local inspection department
or the equivalent.
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.
Notwithstanding the provisions of § 300-22B.4 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.
This regulation shall take effect 30 days after the date of
publication of a summary of this regulation.