The purpose of this regulation is to protect the health of employees and the general public in the Town of North Attleborough.
[HISTORY: Adopted by the Board of Health of the Town of North Attleborough as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-10-2018]
This regulation is promulgated under the authority granted to the North Attleborough Board of Health pursuant to MGL c. 111, § 31, that "[b]oards of health may make reasonable health regulations." It is also promulgated pursuant to MGL c. 270, § 22(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."
A. BOARD OF HEALTH or BOARD COMPENSATION E-CIGARETTE EMPLOYEE EMPLOYER ENCLOSED MARIJUANA MARIJUANA ACCESSORIES MASSACHUSETTS GENERAL LAWS NICOTINE DELIVERY PRODUCT OUTDOOR SPACE PERSON PUBLIC PLACE RETAIL TOBACCO STORE SMOKE/SMOKING SMOKING BAR TOWN VAPE PENS/VAPORIZING DEVICES WORKPLACE
The terms defined in MGL c. 270, § 22(a), are hereby incorporated into this regulation, and the following terms shall have the following meanings for the purposes of this regulation, unless the context requires otherwise:
The North Attleborough Board of Health and its authorized agents.
Money, gratuity, privilege, or benefit received from an employer in return for work performed or services rendered.
Any electronic device, not approved by the United States Food and Drug Administration, 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 any liquid or solid nicotine. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes, e-hookah or under any other product name such as so called "vape pens" or other vaporizing devices.
An individual or person who performs a service 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.
An individual, person, partnership, association, corporation, trust, organization, school, college, university or other educational institution or other legal entity, whether public, quasi-public, private, or nonprofit, which uses the services of one or more employees at one or more workplaces, at any one time, including the Town of North Attleborough.
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, stairwell, or hallway.
As defined in MGL, c. 94G, § 1.
Equipment, products, devices or materials of any kind that are intended or designed for use in ingesting, inhaling or otherwise introducing marijuana into the human body, including, but not limited to, the items identified as "drug paraphernalia" in MGL c. 94C, § 1(12).
MGL.
Any device or material of any kind used to inhale nicotine. This term shall include, but not be limited to, e-cigarettes, e-cigars, e-pipes, "vape pens" or other vaporizing devices.
An outdoor area, open to the air at all time, 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 agent or designee of the foregoing.
An enclosed space that is open to and used by the general public, including, but not limited to, the following facilities: all those listed in MGL c. 270, § 22(b)(2) and (3), and licensed child-care facilities; educational facilities; clinics; nursing homes; all elevators, stairwells, halls, and lobbies accessible to the public; common areas (not including actual sleeping quarters) of guest houses, bed-and-breakfasts, inns, hotels, and motels; public restrooms; laundromats; hair salons; barbershops; retail stores; enclosed shopping malls; and any function rooms/halls for public meetings or public social functions.
An establishment that 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 21 is prohibited at all times, and which maintains a valid permit for the retail sale of tobacco products as required by the Town of North Attleborough Board of Health.
The lighting of a cigar, cigarette, pipe, "vape pen" or other tobacco product or having in one's possession a lighted cigar, cigarette, pipe, nicotine delivery product (such as "vape pen") or marijuana accessory, or any other product, matter or substance that allows tobacco, nicotine or marijuana to be combusted and inhaled. The term "smoking" shall also include using or having in one's possession an activated nicotine delivery product or marijuana accessory.
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 known as "cigar bars" and "hookah bars" or which allow the on-site use of combustible marijuana products.
The Town of North Attleborough and its authorized agents.
"A battery-powered device shaped like a tube, consisting of a cartridge with a heating element that produces vapor from any of a variety of substances, especially liquid containing nicotine or cannabinoids or dried material from cannabis or other plants, allowing the user to inhale the aerosol vapor."[1]
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.
[1]
NOTE: As defined by the Free Dictionary https://www.thefreedictionary.com/vaporizer+pen.
A.
It shall be the responsibility of the employer to provide a smoke-free environment for all employees working in an enclosed workplace as well as those workplaces listed in Subsection C below.
B.
Smoking is hereby prohibited in the Town of North Attleborough in accordance with MGL c. 270, § 22 (commonly known as the "Smoke-Free Workplace Law").
A.
An owner, manager, or other person in control of a building, vehicle or vessel who violates any provision of this regulation shall be penalized by a noncriminal disposition process as provided in MGL c.40, § 21D. Any person who violates any provision of this regulation shall be subject to the following penalties:
(1)
Written warning for the first offense;
(2)
$100 for a second offense occurring within two years of the date of the first offense; and
(3)
$200 for a third offense occurring within two years of the date of the first offense; and
(4)
$300 for a fourth or subsequent offense occurring within two years of the second violation.
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, any Town police officer, enforcement officers, and agents of the Town's Board of Health.
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 regulation of the Department of Public Health, the Board of Health may revoke or suspend any Board of Health-issued permit to operate and shall send notice of the revocation or suspension to the Department of Public Health.
G.
Any penalty imposed under this regulation for the possession of marijuana shall be in addition to any civil penalty that may be imposed pursuant to MGL, c. 94C, § 32L.
H.
Any person may register a complaint to initiate an investigation and enforcement with the Board of Health, a local inspection department or the equivalent.
If any paragraph or provision of this regulation is found to be illegal, unenforceable, against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions, and they shall continue in full force and effect.
Notwithstanding the provisions of § 386-4 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 on December 10, 2018, following its adoption by the North Attleborough Board of Health at its regularly scheduled meeting of December 10, 2018.