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 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 South Hadley Board of Health of the Town of South Hadley,
MA recognizes the right of those who wish to breathe smokefree air
and establishes this regulation to protect and improve the public
health and welfare by prohibiting smoking in membership associations.
This regulation is promulgated under the authority granted to
the South Hadley Board of Health under MGL c. 111, § 31
that "[b]oards of health may make reasonable health regulations."
It is also promulgated pursuant to MGL c. 270, § 22(2)(j),
which states in part that "[n]othing 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."
For the purposes of this regulation, the following words shall
have the meanings respectively ascribed to them by this section:
BUSINESS AGENT
An individual who has been designated by the owner or operator
of any membership association to be the manager or otherwise in charge
of said membership association.
ENCLOSED
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.
MEMBERSHIP ASSOCIATION (also known as a "PRIVATE CLUB")
A not-for-profit entity that has been established and operates,
for a 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 c. 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 veterans' 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 purposes 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.
PERSON
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.
SMOKING or SMOKE
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.
Every membership association upon which smoking is prohibited
by and under the authority of this regulation shall have "no smoking"
signs conspicuously posted so that the signs are clearly visible to
all employees, members and guests. Approved signs and templates for
signage design may be obtained from the Department of Public Health
or the South Hadley Board of Health. It shall be the responsibility
of the membership association to ensure that the appropriate signage
is displayed and that an individual or group renting the space enforces
the prohibition against smoking.
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 the foregoing §
300-45 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 be effective as January 1, 2005.